States and the Constitution of Pennsylvania; or
(v) if the individual is pending adjudication for a
violation of section 3802(a)(1) and refused testing for
breath or chemical testing pursuant to a valid search
warrant, court order or any other basis permissible by
the Constitution of the United States and the
Constitution of Pennsylvania.
(3) The court shall require a remote breath testing
device in lieu of a continuous alcohol monitoring device
required under paragraph (2) if the individual is unable to
use a continuous alcohol monitoring device due to a physical
limitation or medical condition as determined by the court.
(d) Determination and costs to be paid.--
(1) If the court orders an individual to participate in
a substance monitoring program, the individual shall pay for
costs associated with the individual's participation in the
substance monitoring program, including costs associated with
any required device or technology.
(2) The court may order the county to finance costs
associated with the substance monitoring program if the
court, at any time, determines the individual lacks the
financial ability to pay costs associated with the
individual's participation in a substance monitoring program.
(e) Financial inquiry.--
(1) A court determination under subsection (d) shall be
based on an appropriate inquiry into the financial
circumstances of the individual required to participate in a
substance monitoring program and an affidavit or certificate,
signed by that individual, demonstrating financial inability
to pay all or part of the costs associated with the substance
monitoring program.
(2) A court may reassess the individual's ability to pay
at any time during the duration of the substance monitoring
program and make subsequent appropriate inquiries into the
financial circumstances of the individual.
(f) Prohibitions.--An individual ordered to participate in a
substance monitoring program is prohibited from all of the
following for the duration of the substance monitoring program:
(1) Imbibing alcohol, using controlled substances, or
both, as determined by the court.
(2) Tampering with any device or technology associated
with the substance monitoring program.
(3) Failing to comply with any other requirement ordered
by the court as part of the substance monitoring program.
(g) Construction.--Nothing in this section shall be
construed to prohibit a court from:
(1) Ordering an individual pending adjudication for a
single violation of section 3802 with no prior offenses to
participate in a substance monitoring program as a condition
of bail.
(2) Ordering an individual convicted of a violation of
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