Iowa Admin. Code r. 661-159.40 - Fees-indigent participants
A person subject to
(1)
Determination of
indigency. A person subject to testing who requests a determination of
indigency for purposes of the 24/7 program shall provide all requested
financial information. An application for court-appointed counsel may be
considered and used in determining whether a person is indigent. A finding of
indigency by the court for purposes of determining whether a person should
receive court-appointed counsel does not constitute a final determination of
indigency for purposes of the 24/7 program. In determining indigency, all
relevant information may be considered, including but not limited to income,
assets, other sources of support, barter or in-kind payments, and expenditures
including but not limited to expenditures for nonessential or luxury
items.
(2)
Payment of
indigent fees.
a. If a person
subject to testing is determined to be indigent and is reasonably able to pay a
portion of the required fee for testing but is not able to pay the full fee
amount, the person shall pay only the portion of the fee which the person is
reasonably able to pay. The law enforcement agency shall authorize payment of
the remaining fee out of the 24/7 program funds, including but not limited to
funds received from public or private grants, gifts or donations, if such funds
have been received and there are funds remaining after paying the costs for
testing supplies and devices and the costs to administer the program.
b. If a person subject to testing is
determined to be indigent and is not reasonably able to pay any part of the
required fee for testing , the law enforcement agency shall authorize the
payment of the fee out of the 24/7 program funds, including but not limited to
funds received from public or private grants, gifts or donations, if such funds
have been received and there are funds remaining after paying the costs for
testing supplies and devices and the costs to administer the program.
c. The participating jurisdiction , including
the designated law enforcement agency or third-party provider, is not required
to provide unpaid or free testing at the jurisdiction's, agency's or provider's
expense if there are not sufficient funds in the 24/7 program account. The
participating jurisdiction or law enforcement agency shall first use the funds
in the 24/7 program account to pay for the participating jurisdiction 's costs
to administer the program and purchase, rent, or maintain testing equipment and
devices and then use any remaining funds to pay fees for indigent
participants.
Notes
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