§ 55-10-412 — Disposition of fines - Collection of increased fines - County fund - Disposition of fund

(a) A portion of any fine imposed upon a person for a violation of § 55-10-401 , up to the maximum fine actually imposed, shall be returned to the sheriff of a county jail or to the chief administrative officer of a city jail for the purpose of reimbursing the sheriff or officer for the cost of incarcerating the person for each night the person is actually in custody for a violation of § 55-10-401 . This reimbursement shall be in the same amount as is provided by § 8-26-105 , and shall not in any event be less than the actual cost of maintaining the person and shall be reimbursed in the manner provided by § 8-26-106 . (b) The proceeds from the increased portion of the fines for driving under the influence of an intoxicant provided for in chapter 948 of the Public Acts of 1994, the additional fines for reckless driving, under § 55-10-205(d)(2) , and the additional fines for aggravated reckless driving, under § 55-10-209(b)(2) must be collected by the respective court clerks and then deposited in a dedicated county fund. This fund does not revert to the county general fund at the end of a fiscal year but remains for the purposes set out in this section. For the purposes of this section, the "increased portion of the fines for driving under the influence of an intoxicant" means the first one hundred dollars ($100) collected after the initial collection of two hundred fifty dollars ($250) on a first offense, the first one hundred dollars ($100) collected after the initial collection of five hundred dollars ($500) on a second offense, and the first one hundred dollars ($100) collected after the initial collection of one thousand dollars ($1,000) on a third or subsequent offense. (c) The respective counties shall be authorized to expend the funds collected pursuant to subsection (b) by appropriations to any of the following: (1) Alcohol, drug, and mental health treatment facilities licensed by the department of mental health and substance abuse services; (2) Metropolitan drug commissions or other similar programs sanctioned by the governor's Drug Free Tennessee program for the purposes of chapter 948 of the Public Acts of 1994; (3) Organizations exempted from the payment of federal income taxes by § 501(c)(3) of the federal Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), whose primary mission is to educate the public on the dangers of illicit drug use, alcohol abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness or to render treatment for alcohol and drug addiction, or the co-occurring disorder of both alcohol and drug abuse and mental illness; (4) Specialized court programs and specialized court dockets that supervise offenders who suffer from alcohol and drug abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness; (5) Organizations that operate drug, alcohol, or co-occurring disorder treatment programs for the homeless or indigent; (6) Agencies or organizations for purposes of drug testing of offenders who have been placed on misdemeanor probation; and (7) The employment of a probation officer for the purposes of supervising drug and alcohol offenders.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1022, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1022, s 2, eff. 7/1/2022. Amended by 2013 Tenn. Acts, ch. 154, s 12, eff. 7/1/2013. Acts 1969, ch. 292, § 8; 1973, ch. 400, § 3; T.C.A., § 59-1051; Acts 1989, ch. 435, § 1; 1989, ch. 591, §§ 1, 6, 113; 1994, ch. 851, § 1; 1995, ch. 512, §§ 1, 2; 2000, ch. 752, §§ 1, 2; 2002, ch. 855, § 2; 2009 , ch. 321, § 2; 2010 , ch. 921, § 11; 2011 , ch. 298, §§ 2, 3.