(a) Any person violating this part may be required, at the discretion of the court, to attend a community education course approved by the department of safety that includes education on the dangers of leaving young children unattended in motor vehicles in addition to or in lieu of any portion of other penalty imposed. If the course is approved by the department, it may be operated and conducted by a:
(1) County, municipality or other entity of local government;
(2) Nonprofit organization as defined by the Internal Revenue Code (26 U.S.C. § 501(c)(3)); or
(3) Private entity; provided, that the entity meets all of the requirements of § 40-35-302(g) for private entities providing misdemeanor probation supervision services.
(b) A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the community education course. No fee shall be assessed upon proof of a person's inability to pay. The fee shall apply only to community education courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to title 49, chapter 1, or to any other driving instruction school.
(c) By operating a community education course pursuant to subsection (a), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subsection (c) shall not preclude inspection of any records pursuant to any other applicable law.
(d) Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a community education course.
(e) Nothing in this section shall be construed to prohibit prosecution under any other law.
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