Tenn. Code Ann. § 40-33-105 — TN Code / Title 40 / Chapter 33 / Section 40-33-105
Removal of forfeited conveyance
Status: in_force

When a conveyance is forfeited under this part, the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law. Acts 1977, ch. 81, § 1; 1981, ch. 512, § 6; T.C.A., § 40-4105; Acts 2007, ch. 106, § 3; 2010, ch. 1040, § 3.
When a conveyance is forfeited under this part, the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 6; T.C.A., § 40-4105; Acts 2007, ch. 106, § 3; 2010, ch. 1040, § 3.
Tenn. Code Ann. § 40-30-205 — TN Code / Title 40 / Chapter 30 / Section 40-30-205
Post-conviction defender
Status: in_force

(a) There is created the office of the post-conviction defender. (b) The post-conviction defender shall be appointed by the post-conviction defender oversight commission, as provided for in § 40-30-204 . (c) The post-conviction defender shall be an attorney in good standing with the Tennessee supreme court and shall possess a demonstrated experience in the litigation of capital crimes. (d) The post-conviction defender shall serve a term of four (4) years. (e) Vacancies in the office of post-conviction defender shall be filled in the same manner as appointment. (f) The principal office of the post-conviction defender shall be located in Nashville. The post-conviction defender may establish branch offices as may, in the discretion of the post-conviction defender, be warranted to fulfill statutory duties as provided in this part. (g) The exclusive function of the post-conviction defender's office shall be to provide legal representation to persons convicted of capital offenses. The post-conviction defender's office including the members of the post-conviction defender's oversight commission shall not lobby any entity, organization, or legislative body to urge either the abolition or retention of the death penalty. However, the office may respond to inquiries of the general assembly, the judiciary and the executive branch. (h) In the event the post-conviction defender provides direct representation to persons on direct appeal of a conviction, the post-conviction defender's office shall be prohibited from providing representation to those persons in any collateral proceeding. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-305 ; Acts 2011, ch. 414, §§ 8, 9.
(a) There is created the office of the post-conviction defender.
(b) The post-conviction defender shall be appointed by the post-conviction defender oversight commission, as provided for in § 40-30-204 .
(c) The post-conviction defender shall be an attorney in good standing with the Tennessee supreme court and shall possess a demonstrated experience in the litigation of capital crimes.
(d) The post-conviction defender shall serve a term of four (4) years.
(e) Vacancies in the office of post-conviction defender shall be filled in the same manner as appointment.
(f) The principal office of the post-conviction defender shall be located in Nashville. The post-conviction defender may establish branch offices as may, in the discretion of the post-conviction defender, be warranted to fulfill statutory duties as provided in this part.
(g) The exclusive function of the post-conviction defender's office shall be to provide legal representation to persons convicted of capital offenses. The post-conviction defender's office including the members of the post-conviction defender's oversight commission shall not lobby any entity, organization, or legislative body to urge either the abolition or retention of the death penalty. However, the office may respond to inquiries of the general assembly, the judiciary and the executive branch.
(h) In the event the post-conviction defender provides direct representation to persons on direct appeal of a conviction, the post-conviction defender's office shall be prohibited from providing representation to those persons in any collateral proceeding.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-305 ; Acts 2011, ch. 414, §§ 8, 9.
Tenn. Code Ann. § 40-29-107 — TN Code / Title 40 / Chapter 29 / Section 40-29-107
Certificate of employability
Status: in_force

(a) A person may petition the court for a certificate of employability either in conjunction with or independently of petitioning the court for restoration of the person's rights of citizenship. (b) A petition for a certificate of employability filed under subsection (a) shall be filed in the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred. (c) The petitioner shall pay the costs of this application. (d) The administrative office of the courts shall create a standard certificate of employability to be issued by the court and a standard petition for employability form to be used to petition the court for a certificate of employability. The form for the petition shall be placed on the website of the administrative office of the courts. The form for the petition shall include places for all the information specified in subsection (e). (e) A petition for employability filed by a person under this section shall include all of the following: (1) The person's name, date of birth, and social security number; (2) All aliases of the person and all social security numbers associated with those aliases; (3) The person's address of residence, including the city, county, state, and zip code; (4) The length of time that the person has been a resident of this state, expressed in years and months of residence; (5) A summary of the person's criminal history with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses; (6) A summary of the person's employment history, specifying the name of, and dates of employment with, each employer and the positions held; (7) Verifiable references and endorsements; (8) The name of one (1) or more immediate family members of the person, or other persons with whom the person has a close relationship, who support the person's reentry plan; and (9) A summary of the reason the person believes the certificate of employability should be granted. (f) Before the petition for employability of a person rendered infamous or deprived of the rights of citizenship by the judgment of a state court is heard, the district attorney general in whose county the petitioner currently resides and the district attorney general of the county in which the petitioner was convicted shall have twenty (20) days' notice of the petition in order that, if deemed advisable, each may resist. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice of the petition and shall be given the same opportunity to resist, as afforded the United States attorney and the district attorney general when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court. (g) The district attorney general of the county in which the petitioner was convicted that receives notification of the filing of a petition for a certificate of employability under this section shall notify any known victims of crimes perpetrated by the petitioner by sending notice of the filing of the petition to the last known address of such victims, if known. (h) A court that receives a person's petition for employability pursuant to this section shall review the person's petition, the person's criminal history, filings submitted by any district attorney general, United States attorney, or victim of crimes perpetrated by the petitioner, and all other relevant evidence. The court may order any report, investigation, or disclosure by the person that the court believes is necessary for the court to reach a decision on whether to approve the person's petition for a certificate of employability. (i) The court may issue a certificate of employability, at the court's discretion, if the court finds that the person has established all of the following by a preponderance of evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioner's neighbors; (2) Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. (j) If the court grants the petition for employability, a certificate of employability shall be given to the petitioner for use in obtaining employment. (k) (1) If the court denies the petition, the court shall provide notice to the petitioner of the court's denial. The court may place conditions on the petitioner regarding the petitioner's filing of any subsequent petition for a certificate of employability. The court shall notify the petitioner of any conditions placed on the petitioner's filing of a subsequent petition for a certificate of employability. (2) If the court denies the petition, the petitioner may appeal the decision to the court of appeals only if the petitioner alleges that the denial was an abuse of discretion on the part of the court. (l) A certificate of employability issued under this section shall be presumptively revoked if the person to whom the certificate of employability was issued is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate of employability. (m) (1) If a person presents a valid certificate of employability, no board, agency, commission, or other licensing entity that issues, restores or renews licenses or certificates and regulates occupations and trades for which a license or certificate is required to do business in this state shall deny the issuance, restoration or renewal of an occupational license or certificate based solely on the person's past record of criminal activity but instead shall consider on a case-by-case basis whether to grant or deny the issuance, restoration or renewal of an occupational license or an employment opportunity. (2) Any rule of a board, agency, commission, or other licensing entity in effect on April 28, 2014, with respect to the denial or refusal to issue, restore or renew the license or certificate of a person who has a past record of criminal activity shall control if the applicant does not possess a certificate of employability. (3) However, if a person seeking the issuance, restoration or renewal of a license or certificate, does possess a certificate of employability, it shall preempt any present rule that authorizes or requires the denial or refusal to issue, restore or renew a license or certificate if the denial is based upon the person's past record of criminal activity. (4) Notwithstanding subdivision (m)(1) or (m)(3), a board, agency, commission, or other licensing entity may adopt a rule on or after April 28, 2014, denying the issuance, restoration or renewal of a license or certificate to a person, notwithstanding the person's possession of a certificate of employability, based on: (A) The time that has elapsed since the criminal offense; or (B) The nature of the offense having a direct bearing on the fitness or ability of the person to perform one (1) or more of the duties or responsibilities necessarily related to the license or certificate sought. (n) (1) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability issued to a person pursuant to this section may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued if the person knew of the certificate at the time of the alleged negligence or other fault. (2) In any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to a person pursuant to this section shall provide immunity for the employer with respect to the claim if the employer knew of the certificate at the time of the alleged negligence. (3) An employer who hires a person who has been issued a certificate of employability under this section may be held liable in a civil action based on or relating to the retention of the person as an employee only if: (A) The person, after being hired, subsequently demonstrates danger or is convicted of a felony; (B) The person is retained by the employer as an employee after the demonstration of danger or the conviction; (C) The plaintiff proves by a preponderance of the evidence that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of the felony; and (D) The employer, after having actual knowledge of the employee's demonstration of danger or conviction of a felony, was willful in retaining the person as an employee. (4) The provisions of § 1-3-119 relative to implied rights of action shall apply to this section. (o) Nothing in this section shall be construed to apply to a person or entity subject to licensing, certification or regulation by any board, commission, or agency pursuant to title 33, chapter 2, part 4; title 38, chapter 8; titles 41, 49, 56, 63 and 71; or persons subject to regulation by the department of financial institutions pursuant to title 45 and title 56, chapter 37. Amended by 2017 Tenn. Acts, ch. 83,s 1, eff. 7/1/2017. Added by 2014 Tenn. Acts, ch. 815,s 1, eff. 4/29/2014. See 2014 Tenn. Acts, ch. 815, s 2.
(a) A person may petition the court for a certificate of employability either in conjunction with or independently of petitioning the court for restoration of the person's rights of citizenship.
(b) A petition for a certificate of employability filed under subsection (a) shall be filed in the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred.
(c) The petitioner shall pay the costs of this application.
(d) The administrative office of the courts shall create a standard certificate of employability to be issued by the court and a standard petition for employability form to be used to petition the court for a certificate of employability. The form for the petition shall be placed on the website of the administrative office of the courts. The form for the petition shall include places for all the information specified in subsection (e).
(e) A petition for employability filed by a person under this section shall include all of the following: (1) The person's name, date of birth, and social security number; (2) All aliases of the person and all social security numbers associated with those aliases; (3) The person's address of residence, including the city, county, state, and zip code; (4) The length of time that the person has been a resident of this state, expressed in years and months of residence; (5) A summary of the person's criminal history with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses; (6) A summary of the person's employment history, specifying the name of, and dates of employment with, each employer and the positions held; (7) Verifiable references and endorsements; (8) The name of one (1) or more immediate family members of the person, or other persons with whom the person has a close relationship, who support the person's reentry plan; and (9) A summary of the reason the person believes the certificate of employability should be granted.
(1) The person's name, date of birth, and social security number;
(2) All aliases of the person and all social security numbers associated with those aliases;
(3) The person's address of residence, including the city, county, state, and zip code;
(4) The length of time that the person has been a resident of this state, expressed in years and months of residence;
(5) A summary of the person's criminal history with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses;
(6) A summary of the person's employment history, specifying the name of, and dates of employment with, each employer and the positions held;
(7) Verifiable references and endorsements;
(8) The name of one (1) or more immediate family members of the person, or other persons with whom the person has a close relationship, who support the person's reentry plan; and
(9) A summary of the reason the person believes the certificate of employability should be granted.
(f) Before the petition for employability of a person rendered infamous or deprived of the rights of citizenship by the judgment of a state court is heard, the district attorney general in whose county the petitioner currently resides and the district attorney general of the county in which the petitioner was convicted shall have twenty (20) days' notice of the petition in order that, if deemed advisable, each may resist. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice of the petition and shall be given the same opportunity to resist, as afforded the United States attorney and the district attorney general when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court.
(g) The district attorney general of the county in which the petitioner was convicted that receives notification of the filing of a petition for a certificate of employability under this section shall notify any known victims of crimes perpetrated by the petitioner by sending notice of the filing of the petition to the last known address of such victims, if known.
(h) A court that receives a person's petition for employability pursuant to this section shall review the person's petition, the person's criminal history, filings submitted by any district attorney general, United States attorney, or victim of crimes perpetrated by the petitioner, and all other relevant evidence. The court may order any report, investigation, or disclosure by the person that the court believes is necessary for the court to reach a decision on whether to approve the person's petition for a certificate of employability.
(i) The court may issue a certificate of employability, at the court's discretion, if the court finds that the person has established all of the following by a preponderance of evidence: (1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioner's neighbors; (2) Granting the petition will materially assist the person in obtaining employment or occupational licensing; (3) The person has a substantial need for the relief requested in order to live a law-abiding life; and (4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual.
(1) The petitioner has sustained the character of a person of honesty, respectability, and veracity and is generally esteemed as such by the petitioner's neighbors;
(2) Granting the petition will materially assist the person in obtaining employment or occupational licensing;
(3) The person has a substantial need for the relief requested in order to live a law-abiding life; and
(4) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual.
(j) If the court grants the petition for employability, a certificate of employability shall be given to the petitioner for use in obtaining employment.
(k) (1) If the court denies the petition, the court shall provide notice to the petitioner of the court's denial. The court may place conditions on the petitioner regarding the petitioner's filing of any subsequent petition for a certificate of employability. The court shall notify the petitioner of any conditions placed on the petitioner's filing of a subsequent petition for a certificate of employability. (2) If the court denies the petition, the petitioner may appeal the decision to the court of appeals only if the petitioner alleges that the denial was an abuse of discretion on the part of the court.
(1) If the court denies the petition, the court shall provide notice to the petitioner of the court's denial. The court may place conditions on the petitioner regarding the petitioner's filing of any subsequent petition for a certificate of employability. The court shall notify the petitioner of any conditions placed on the petitioner's filing of a subsequent petition for a certificate of employability.
(2) If the court denies the petition, the petitioner may appeal the decision to the court of appeals only if the petitioner alleges that the denial was an abuse of discretion on the part of the court.
(l) A certificate of employability issued under this section shall be presumptively revoked if the person to whom the certificate of employability was issued is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate of employability.
(m) (1) If a person presents a valid certificate of employability, no board, agency, commission, or other licensing entity that issues, restores or renews licenses or certificates and regulates occupations and trades for which a license or certificate is required to do business in this state shall deny the issuance, restoration or renewal of an occupational license or certificate based solely on the person's past record of criminal activity but instead shall consider on a case-by-case basis whether to grant or deny the issuance, restoration or renewal of an occupational license or an employment opportunity. (2) Any rule of a board, agency, commission, or other licensing entity in effect on April 28, 2014, with respect to the denial or refusal to issue, restore or renew the license or certificate of a person who has a past record of criminal activity shall control if the applicant does not possess a certificate of employability. (3) However, if a person seeking the issuance, restoration or renewal of a license or certificate, does possess a certificate of employability, it shall preempt any present rule that authorizes or requires the denial or refusal to issue, restore or renew a license or certificate if the denial is based upon the person's past record of criminal activity. (4) Notwithstanding subdivision (m)(1) or (m)(3), a board, agency, commission, or other licensing entity may adopt a rule on or after April 28, 2014, denying the issuance, restoration or renewal of a license or certificate to a person, notwithstanding the person's possession of a certificate of employability, based on: (A) The time that has elapsed since the criminal offense; or (B) The nature of the offense having a direct bearing on the fitness or ability of the person to perform one (1) or more of the duties or responsibilities necessarily related to the license or certificate sought.
(1) If a person presents a valid certificate of employability, no board, agency, commission, or other licensing entity that issues, restores or renews licenses or certificates and regulates occupations and trades for which a license or certificate is required to do business in this state shall deny the issuance, restoration or renewal of an occupational license or certificate based solely on the person's past record of criminal activity but instead shall consider on a case-by-case basis whether to grant or deny the issuance, restoration or renewal of an occupational license or an employment opportunity.
(2) Any rule of a board, agency, commission, or other licensing entity in effect on April 28, 2014, with respect to the denial or refusal to issue, restore or renew the license or certificate of a person who has a past record of criminal activity shall control if the applicant does not possess a certificate of employability.
(3) However, if a person seeking the issuance, restoration or renewal of a license or certificate, does possess a certificate of employability, it shall preempt any present rule that authorizes or requires the denial or refusal to issue, restore or renew a license or certificate if the denial is based upon the person's past record of criminal activity.
(4) Notwithstanding subdivision (m)(1) or (m)(3), a board, agency, commission, or other licensing entity may adopt a rule on or after April 28, 2014, denying the issuance, restoration or renewal of a license or certificate to a person, notwithstanding the person's possession of a certificate of employability, based on: (A) The time that has elapsed since the criminal offense; or (B) The nature of the offense having a direct bearing on the fitness or ability of the person to perform one (1) or more of the duties or responsibilities necessarily related to the license or certificate sought.
(A) The time that has elapsed since the criminal offense; or
(B) The nature of the offense having a direct bearing on the fitness or ability of the person to perform one (1) or more of the duties or responsibilities necessarily related to the license or certificate sought.
(n) (1) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability issued to a person pursuant to this section may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued if the person knew of the certificate at the time of the alleged negligence or other fault. (2) In any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to a person pursuant to this section shall provide immunity for the employer with respect to the claim if the employer knew of the certificate at the time of the alleged negligence. (3) An employer who hires a person who has been issued a certificate of employability under this section may be held liable in a civil action based on or relating to the retention of the person as an employee only if: (A) The person, after being hired, subsequently demonstrates danger or is convicted of a felony; (B) The person is retained by the employer as an employee after the demonstration of danger or the conviction; (C) The plaintiff proves by a preponderance of the evidence that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of the felony; and (D) The employer, after having actual knowledge of the employee's demonstration of danger or conviction of a felony, was willful in retaining the person as an employee. (4) The provisions of § 1-3-119 relative to implied rights of action shall apply to this section.
(1) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability issued to a person pursuant to this section may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued if the person knew of the certificate at the time of the alleged negligence or other fault.
(2) In any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to a person pursuant to this section shall provide immunity for the employer with respect to the claim if the employer knew of the certificate at the time of the alleged negligence.
(3) An employer who hires a person who has been issued a certificate of employability under this section may be held liable in a civil action based on or relating to the retention of the person as an employee only if: (A) The person, after being hired, subsequently demonstrates danger or is convicted of a felony; (B) The person is retained by the employer as an employee after the demonstration of danger or the conviction; (C) The plaintiff proves by a preponderance of the evidence that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of the felony; and (D) The employer, after having actual knowledge of the employee's demonstration of danger or conviction of a felony, was willful in retaining the person as an employee.
(A) The person, after being hired, subsequently demonstrates danger or is convicted of a felony;
(B) The person is retained by the employer as an employee after the demonstration of danger or the conviction;
(C) The plaintiff proves by a preponderance of the evidence that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of the felony; and
(D) The employer, after having actual knowledge of the employee's demonstration of danger or conviction of a felony, was willful in retaining the person as an employee.
(4) The provisions of § 1-3-119 relative to implied rights of action shall apply to this section.
(o) Nothing in this section shall be construed to apply to a person or entity subject to licensing, certification or regulation by any board, commission, or agency pursuant to title 33, chapter 2, part 4; title 38, chapter 8; titles 41, 49, 56, 63 and 71; or persons subject to regulation by the department of financial institutions pursuant to title 45 and title 56, chapter 37.
Amended by 2017 Tenn. Acts, ch. 83,s 1, eff. 7/1/2017.
Added by 2014 Tenn. Acts, ch. 815,s 1, eff. 4/29/2014.
See 2014 Tenn. Acts, ch. 815, s 2.
Tenn. Code Ann. § 40-4-117 — TN Code / Title 40 / Chapter 4 / Section 40-4-117
Bail - Forfeiture
Status: in_force

(a) In all misdemeanor cases where bond is made for appearance before the court of general sessions, the judge is authorized and empowered to prescribe the amount of bail, either cash or otherwise, within the same discretionary powers as are granted to judges of the circuit and criminal courts by § 40-11-204 . (b) Upon default in appearance of the defendant, the judge before whom the default occurs is authorized to grant relief, lessen or remit liability upon the recognizance in such cases as provided for other courts in §§ 40-11-203 and 40-11-204 ; and, in the case of cash bonds, the judge may hear proof and order a fine and costs paid out of the cash bond. (c) The unused surplus of cash bonds and other funds in excess of costs paid for exoneration of sureties shall be disbursed by the clerk as provided by law for forfeitures. Acts 1959, ch. 109, § 10; T.C.A., § 40-424; Acts 1993, ch. 382, § 2.
(a) In all misdemeanor cases where bond is made for appearance before the court of general sessions, the judge is authorized and empowered to prescribe the amount of bail, either cash or otherwise, within the same discretionary powers as are granted to judges of the circuit and criminal courts by § 40-11-204 .
(b) Upon default in appearance of the defendant, the judge before whom the default occurs is authorized to grant relief, lessen or remit liability upon the recognizance in such cases as provided for other courts in §§ 40-11-203 and 40-11-204 ; and, in the case of cash bonds, the judge may hear proof and order a fine and costs paid out of the cash bond.
(c) The unused surplus of cash bonds and other funds in excess of costs paid for exoneration of sureties shall be disbursed by the clerk as provided by law for forfeitures.
Acts 1959, ch. 109, § 10; T.C.A., § 40-424; Acts 1993, ch. 382, § 2.
Tenn. Code Ann. § 40-11-302 — TN Code / Title 40 / Chapter 11 / Section 40-11-302
Applicability of part - Exclusion from insurance company laws - Acting as sureties - Bonding capacity
Status: in_force

(a) This part shall apply to all professional bondsmen, but shall not apply to or affect those persons, firms, partnerships or corporations engaged exclusively in the business of making judicial or other bonds, or providing or furnishing indemnity, as surety, in suits or actions of a purely civil nature; and shall not apply to persons, firms, partnerships or corporations, which become bondsmen without receiving consideration from, or as an accommodation to, an accused in a single transaction; provided, that if those persons, firms, partnerships or corporations shall undertake to furnish bail, make appearance bonds or enter into similar undertakings, as surety, for a consideration in a criminal case, then this part shall apply to them in respect of such transactions, as well as to those engaged exclusively in the business of a professional bondsman. All provisions of this part will apply to agents of insurance companies making appearance bonds in the criminal trial or lower courts and in the court of criminal appeals and supreme court of Tennessee. (b) A professional bondsman, as defined in § 40-11-301 , is specifically excluded from the laws governing insurance companies and any regulatory authority exercised by the department of commerce and insurance except as provided in subsections (c) and (d). (c) A professional bondsman may act as surety on the following civil bonds, to a maximum of ten thousand dollars ($10,000), without qualifying with the department as an insurance company or agent being subject to the laws governing insurance companies or agents, so long as the court regulating the professional bondsman's criminal bonding activities has established regulations for the civil bonding activities of the professional bondsman which, at a minimum, shall require a ten percent (10%) security. These bonds are: appeal, attachment, certiorari, cost, detainer, injunction, lis pendens, possession and restraining order. A professional bondsman may act as surety on appearance and contempt bonds without qualifying with the department as an insurance company or agent. (d) Any professional bondsman acting as surety under subsection (c) shall also be subject to the following: (1) The commissioner of commerce and insurance may investigate the civil bonding activities of any professional bondsman; (2) After investigation, if the commissioner has reasonable grounds to believe that the civil bonding activities are not in the best interest of the general public, the commissioner shall make a report of the investigation and any recommendations, and forward a copy to the court regulating the professional bondsman; and (3) The court, after receipt of the commissioner's report, shall hold a hearing and enter any orders that the court deems appropriate. (e) A professional bondsman's capacity, in those judicial districts where a professional bondsman uses collateral pledged with the court to underwrite bonds written by the professional bondsman, shall be determined as follows: (1) Where the collateral pledged is cash, or an item readily converted to cash such as a certificate of deposit, the professional bondsman's capacity shall be not less than fifteen (15) times the amount of the collateral pledged; (2) Where the collateral pledged is equity in real estate, the professional bondsman's capacity shall be not less than ten (10) times the value of the equity pledged as collateral. (f) An individual sole proprietor professional bondsman, or the bondsman's agent, as an officer of the court, shall be permitted to answer court, surrender a defendant based upon one (1) or more of the grounds set forth in § 40-11-132 , obtain an extension of time, or respond to a court's request for information without the necessity of obtaining legal counsel. (g) Any documents relating to the assignment of collateral shall be delivered to the presiding judge of the judicial district where the professional bondsman is approved. The presiding judge shall enter an order designating which clerk shall maintain the collateral documents. (h) Subject to the procedure set forth in this subsection (h), a surety may deliver to the court an investment certificate, including a certificate of deposit, in order to establish or increase the surety's capacity. So long as the procedure set forth is followed, a court shall not refuse to accept the investment certificate. When taking an investment certificate, including a certificate of deposit, the following procedure shall be followed: (1) The surety shall purchase the investment certificate in the surety's name from a financial institution regulated by the state or federal government. The investment certificate shall be insured by the federal deposit insurance corporation (FDIC); (2) The surety shall then execute an assignment of the investment certificate to the clerk of the court with criminal jurisdiction using the following form: ASSIGNMENT OF SECURITY INTEREST TO THE STATE OF TENNESSEE ASSIGNOR, SECURITY AND FINANCIAL INSTITUTION: Please print Assignor's name and name of person Social Security or FEN/EIN: executing this assignment: ______________ Title(s) of person executing this assignment(i.e., owner, partner, president, secretary, etc.): ______________ Assignor's mailing address (Number and Street or P.O. Box, City, State, ZIP Code): ______________ Name of Professional Bondsman in whose behalf the assignment is executed (name as it is used on approved list): ______________ Description of Security: ID Number of CD or other security: ______________ Name of account or payee of Security (as First maturity date, if any: it reads on the CD or other security): ______________ Dollar Amount of Security (in words): Dollar Amount of Security (in numbers): ______________ Name of Financial Institution: ______________ Mailing address of Financial Institution (Number and Street or P.O. Box, City, State, ZIP Code) & telephone number: ______________ In order to provide security to the State of Tennessee (including all future liability), the Assignor specified above, for and on the behalf of the professional bondsman named above, assigns and sets over irrevocably to the State of Tennessee a security interest in and to the Security described above. Assignor agrees that this assignment gives to the State of Tennessee separately the exclusive right to redeem, collect and withdraw any part of or the full amount of the Security to be applied as a payment to satisfy a final forfeit judgment after the judgment becomes final against the Assignor and/or the professional bondsman named above in accordance with Tenn. Code Ann. § 40-11-101 , et seq. The right of the State of Tennessee to apply the Security shall not be affected by a subsequent change in the trade name or business location of the person or entity on whose behalf this assignment is executed. Assignor understands and agrees that by this assignment, all use of and control over the disposition of the Security is relinquished. The Security is to be held by the financial institution identified above for the sole use and subject to the exclusive control of the State of Tennessee. Interest on the Security shall be paid to the Assignor. Assignor's Signature: Assignor's name in print: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires: This is notification by the assessor to the financial institution of the terms of this assignment. (3) At the same time the surety shall also deliver to the clerk of the court with criminal jurisdiction an acknowledgment signed by the institution issuing the investment certificate using the following form: CONTROL AGREEMENT WITH FINANCIAL INSTITUTION AND NOTICE OF EXCLUSIVE CONTROL: The Financial Institution acknowledges the assignment of the Security for payment of final judgments of forfeiture to the State of Tennessee. We certify that we have recorded the assignment and have retained a copy. We certify that we do not have, nor do we have knowledge of, anyone else having any lien, encumbrance, right, hold, claim to or obligation of the Security. We accept the Security with knowledge that it has been irrevocably posted as collateral, and we agree to act as the sole agent for the purpose of holding the Security for the State of Tennessee. We agree to comply with the instructions of the Court (on behalf of the State of Tennessee) directing disposition of the Security without further notice to or consent by the Assignor. We further agree not to exercise any set of rights we may have with respect to the Security or to otherwise impede, hinder, delay, prevent, obstruct or interfere with the Court's right to direct payment of, redeem, or collect any part (or the full amount) of the Security promptly. Name of Financial Institution and Officer's Title: Officer Executing this Document (Type or print): ______________ Officer's Signature: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires: Amended by 2022 Tenn. Acts, ch. 800, s 1, eff. 4/8/2022. Amended by 2015 Tenn. Acts, ch. 416, s 1, eff. 5/8/2015. Acts 1939, ch. 199, § 2; C. Supp. 1950, § 11715.2; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 550, § 1; T.C.A. (orig. ed.), § 40-1402; Acts 1985, ch. 394, § 2; 2001, ch. 426, § 2; 2003 , ch. 303, § 4.
(a) This part shall apply to all professional bondsmen, but shall not apply to or affect those persons, firms, partnerships or corporations engaged exclusively in the business of making judicial or other bonds, or providing or furnishing indemnity, as surety, in suits or actions of a purely civil nature; and shall not apply to persons, firms, partnerships or corporations, which become bondsmen without receiving consideration from, or as an accommodation to, an accused in a single transaction; provided, that if those persons, firms, partnerships or corporations shall undertake to furnish bail, make appearance bonds or enter into similar undertakings, as surety, for a consideration in a criminal case, then this part shall apply to them in respect of such transactions, as well as to those engaged exclusively in the business of a professional bondsman. All provisions of this part will apply to agents of insurance companies making appearance bonds in the criminal trial or lower courts and in the court of criminal appeals and supreme court of Tennessee.
(b) A professional bondsman, as defined in § 40-11-301 , is specifically excluded from the laws governing insurance companies and any regulatory authority exercised by the department of commerce and insurance except as provided in subsections (c) and (d).
(c) A professional bondsman may act as surety on the following civil bonds, to a maximum of ten thousand dollars ($10,000), without qualifying with the department as an insurance company or agent being subject to the laws governing insurance companies or agents, so long as the court regulating the professional bondsman's criminal bonding activities has established regulations for the civil bonding activities of the professional bondsman which, at a minimum, shall require a ten percent (10%) security. These bonds are: appeal, attachment, certiorari, cost, detainer, injunction, lis pendens, possession and restraining order. A professional bondsman may act as surety on appearance and contempt bonds without qualifying with the department as an insurance company or agent.
(d) Any professional bondsman acting as surety under subsection (c) shall also be subject to the following: (1) The commissioner of commerce and insurance may investigate the civil bonding activities of any professional bondsman; (2) After investigation, if the commissioner has reasonable grounds to believe that the civil bonding activities are not in the best interest of the general public, the commissioner shall make a report of the investigation and any recommendations, and forward a copy to the court regulating the professional bondsman; and (3) The court, after receipt of the commissioner's report, shall hold a hearing and enter any orders that the court deems appropriate.
(1) The commissioner of commerce and insurance may investigate the civil bonding activities of any professional bondsman;
(2) After investigation, if the commissioner has reasonable grounds to believe that the civil bonding activities are not in the best interest of the general public, the commissioner shall make a report of the investigation and any recommendations, and forward a copy to the court regulating the professional bondsman; and
(3) The court, after receipt of the commissioner's report, shall hold a hearing and enter any orders that the court deems appropriate.
(e) A professional bondsman's capacity, in those judicial districts where a professional bondsman uses collateral pledged with the court to underwrite bonds written by the professional bondsman, shall be determined as follows: (1) Where the collateral pledged is cash, or an item readily converted to cash such as a certificate of deposit, the professional bondsman's capacity shall be not less than fifteen (15) times the amount of the collateral pledged; (2) Where the collateral pledged is equity in real estate, the professional bondsman's capacity shall be not less than ten (10) times the value of the equity pledged as collateral.
(1) Where the collateral pledged is cash, or an item readily converted to cash such as a certificate of deposit, the professional bondsman's capacity shall be not less than fifteen (15) times the amount of the collateral pledged;
(2) Where the collateral pledged is equity in real estate, the professional bondsman's capacity shall be not less than ten (10) times the value of the equity pledged as collateral.
(f) An individual sole proprietor professional bondsman, or the bondsman's agent, as an officer of the court, shall be permitted to answer court, surrender a defendant based upon one (1) or more of the grounds set forth in § 40-11-132 , obtain an extension of time, or respond to a court's request for information without the necessity of obtaining legal counsel.
(g) Any documents relating to the assignment of collateral shall be delivered to the presiding judge of the judicial district where the professional bondsman is approved. The presiding judge shall enter an order designating which clerk shall maintain the collateral documents.
(h) Subject to the procedure set forth in this subsection (h), a surety may deliver to the court an investment certificate, including a certificate of deposit, in order to establish or increase the surety's capacity. So long as the procedure set forth is followed, a court shall not refuse to accept the investment certificate. When taking an investment certificate, including a certificate of deposit, the following procedure shall be followed: (1) The surety shall purchase the investment certificate in the surety's name from a financial institution regulated by the state or federal government. The investment certificate shall be insured by the federal deposit insurance corporation (FDIC); (2) The surety shall then execute an assignment of the investment certificate to the clerk of the court with criminal jurisdiction using the following form: ASSIGNMENT OF SECURITY INTEREST TO THE STATE OF TENNESSEE ASSIGNOR, SECURITY AND FINANCIAL INSTITUTION: Please print Assignor's name and name of person Social Security or FEN/EIN: executing this assignment: ______________ Title(s) of person executing this assignment(i.e., owner, partner, president, secretary, etc.): ______________ Assignor's mailing address (Number and Street or P.O. Box, City, State, ZIP Code): ______________ Name of Professional Bondsman in whose behalf the assignment is executed (name as it is used on approved list): ______________ Description of Security: ID Number of CD or other security: ______________ Name of account or payee of Security (as First maturity date, if any: it reads on the CD or other security): ______________ Dollar Amount of Security (in words): Dollar Amount of Security (in numbers): ______________ Name of Financial Institution: ______________ Mailing address of Financial Institution (Number and Street or P.O. Box, City, State, ZIP Code) & telephone number: ______________ In order to provide security to the State of Tennessee (including all future liability), the Assignor specified above, for and on the behalf of the professional bondsman named above, assigns and sets over irrevocably to the State of Tennessee a security interest in and to the Security described above. Assignor agrees that this assignment gives to the State of Tennessee separately the exclusive right to redeem, collect and withdraw any part of or the full amount of the Security to be applied as a payment to satisfy a final forfeit judgment after the judgment becomes final against the Assignor and/or the professional bondsman named above in accordance with Tenn. Code Ann. § 40-11-101 , et seq. The right of the State of Tennessee to apply the Security shall not be affected by a subsequent change in the trade name or business location of the person or entity on whose behalf this assignment is executed. Assignor understands and agrees that by this assignment, all use of and control over the disposition of the Security is relinquished. The Security is to be held by the financial institution identified above for the sole use and subject to the exclusive control of the State of Tennessee. Interest on the Security shall be paid to the Assignor. Assignor's Signature: Assignor's name in print: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires: This is notification by the assessor to the financial institution of the terms of this assignment. (3) At the same time the surety shall also deliver to the clerk of the court with criminal jurisdiction an acknowledgment signed by the institution issuing the investment certificate using the following form: CONTROL AGREEMENT WITH FINANCIAL INSTITUTION AND NOTICE OF EXCLUSIVE CONTROL: The Financial Institution acknowledges the assignment of the Security for payment of final judgments of forfeiture to the State of Tennessee. We certify that we have recorded the assignment and have retained a copy. We certify that we do not have, nor do we have knowledge of, anyone else having any lien, encumbrance, right, hold, claim to or obligation of the Security. We accept the Security with knowledge that it has been irrevocably posted as collateral, and we agree to act as the sole agent for the purpose of holding the Security for the State of Tennessee. We agree to comply with the instructions of the Court (on behalf of the State of Tennessee) directing disposition of the Security without further notice to or consent by the Assignor. We further agree not to exercise any set of rights we may have with respect to the Security or to otherwise impede, hinder, delay, prevent, obstruct or interfere with the Court's right to direct payment of, redeem, or collect any part (or the full amount) of the Security promptly. Name of Financial Institution and Officer's Title: Officer Executing this Document (Type or print): ______________ Officer's Signature: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires:
(1) The surety shall purchase the investment certificate in the surety's name from a financial institution regulated by the state or federal government. The investment certificate shall be insured by the federal deposit insurance corporation (FDIC);
(2) The surety shall then execute an assignment of the investment certificate to the clerk of the court with criminal jurisdiction using the following form: ASSIGNMENT OF SECURITY INTEREST TO THE STATE OF TENNESSEE ASSIGNOR, SECURITY AND FINANCIAL INSTITUTION: Please print Assignor's name and name of person Social Security or FEN/EIN: executing this assignment: ______________ Title(s) of person executing this assignment(i.e., owner, partner, president, secretary, etc.): ______________ Assignor's mailing address (Number and Street or P.O. Box, City, State, ZIP Code): ______________ Name of Professional Bondsman in whose behalf the assignment is executed (name as it is used on approved list): ______________ Description of Security: ID Number of CD or other security: ______________ Name of account or payee of Security (as First maturity date, if any: it reads on the CD or other security): ______________ Dollar Amount of Security (in words): Dollar Amount of Security (in numbers): ______________ Name of Financial Institution: ______________ Mailing address of Financial Institution (Number and Street or P.O. Box, City, State, ZIP Code) & telephone number: ______________ In order to provide security to the State of Tennessee (including all future liability), the Assignor specified above, for and on the behalf of the professional bondsman named above, assigns and sets over irrevocably to the State of Tennessee a security interest in and to the Security described above. Assignor agrees that this assignment gives to the State of Tennessee separately the exclusive right to redeem, collect and withdraw any part of or the full amount of the Security to be applied as a payment to satisfy a final forfeit judgment after the judgment becomes final against the Assignor and/or the professional bondsman named above in accordance with Tenn. Code Ann. § 40-11-101 , et seq. The right of the State of Tennessee to apply the Security shall not be affected by a subsequent change in the trade name or business location of the person or entity on whose behalf this assignment is executed. Assignor understands and agrees that by this assignment, all use of and control over the disposition of the Security is relinquished. The Security is to be held by the financial institution identified above for the sole use and subject to the exclusive control of the State of Tennessee. Interest on the Security shall be paid to the Assignor. Assignor's Signature: Assignor's name in print: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires: This is notification by the assessor to the financial institution of the terms of this assignment.
ASSIGNMENT OF SECURITY INTEREST TO THE STATE OF TENNESSEE
ASSIGNOR, SECURITY AND FINANCIAL INSTITUTION:
Please print
Assignor's name and name of person Social Security or FEN/EIN:
executing this assignment:
______________
Title(s) of person executing this assignment(i.e., owner, partner, president, secretary, etc.):
______________
Assignor's mailing address (Number and Street or P.O. Box, City, State, ZIP Code):
______________
Name of Professional Bondsman in whose behalf the assignment is executed (name as it is used on approved list):
______________
Description of Security: ID Number of CD or other security:
______________
Name of account or payee of Security (as First maturity date, if any:
it reads on the CD or other security):
______________
Dollar Amount of Security (in words): Dollar Amount of Security (in
numbers):
______________
Name of Financial Institution:
______________
Mailing address of Financial Institution
(Number and Street or P.O. Box, City, State, ZIP Code) & telephone number:
______________
In order to provide security to the State of Tennessee (including all future liability), the Assignor specified above, for and on the behalf of the professional bondsman named above, assigns and sets over irrevocably to the State of Tennessee a security interest in and to the Security described above.
Assignor agrees that this assignment gives to the State of Tennessee separately the exclusive right to redeem, collect and withdraw any part of or the full amount of the Security to be applied as a payment to satisfy a final forfeit judgment after the judgment becomes final against the Assignor and/or the professional bondsman named above in accordance with Tenn. Code Ann. § 40-11-101 , et seq. The right of the State of Tennessee to apply the Security shall not be affected by a subsequent change in the trade name or business location of the person or entity on whose behalf this assignment is executed.
Assignor understands and agrees that by this assignment, all use of and control over the disposition of the Security is relinquished. The Security is to be held by the financial institution identified above for the sole use and subject to the exclusive control of the State of Tennessee. Interest on the Security shall be paid to the Assignor.
Assignor's Signature: Assignor's name in print: Date:
______________
Notary stamp or seal:
Sworn to or affirmed before me on this ____________________ day of
____________________ 20 ____________________
Signature of Notary Public in and for the State of Tennessee:
______________
My Commission Expires:
This is notification by the assessor to the financial institution of the terms of this assignment.
(3) At the same time the surety shall also deliver to the clerk of the court with criminal jurisdiction an acknowledgment signed by the institution issuing the investment certificate using the following form: CONTROL AGREEMENT WITH FINANCIAL INSTITUTION AND NOTICE OF EXCLUSIVE CONTROL: The Financial Institution acknowledges the assignment of the Security for payment of final judgments of forfeiture to the State of Tennessee. We certify that we have recorded the assignment and have retained a copy. We certify that we do not have, nor do we have knowledge of, anyone else having any lien, encumbrance, right, hold, claim to or obligation of the Security. We accept the Security with knowledge that it has been irrevocably posted as collateral, and we agree to act as the sole agent for the purpose of holding the Security for the State of Tennessee. We agree to comply with the instructions of the Court (on behalf of the State of Tennessee) directing disposition of the Security without further notice to or consent by the Assignor. We further agree not to exercise any set of rights we may have with respect to the Security or to otherwise impede, hinder, delay, prevent, obstruct or interfere with the Court's right to direct payment of, redeem, or collect any part (or the full amount) of the Security promptly. Name of Financial Institution and Officer's Title: Officer Executing this Document (Type or print): ______________ Officer's Signature: Date: ______________ Notary stamp or seal: Sworn to or affirmed before me on this ____________________ day of ____________________ 20 ____________________ Signature of Notary Public in and for the State of Tennessee: ______________ My Commission Expires:
CONTROL AGREEMENT WITH FINANCIAL INSTITUTION AND NOTICE OF EXCLUSIVE CONTROL:
The Financial Institution acknowledges the assignment of the Security for payment of final judgments of forfeiture to the State of Tennessee. We certify that we have recorded the assignment and have retained a copy. We certify that we do not have, nor do we have knowledge of, anyone else having any lien, encumbrance, right, hold, claim to or obligation of the Security. We accept the Security with knowledge that it has been irrevocably posted as collateral, and we agree to act as the sole agent for the purpose of holding the Security for the State of Tennessee. We agree to comply with the instructions of the Court (on behalf of the State of Tennessee) directing disposition of the Security without further notice to or consent by the Assignor. We further agree not to exercise any set of rights we may have with respect to the Security or to otherwise impede, hinder, delay, prevent, obstruct or interfere with the Court's right to direct payment of, redeem, or collect any part (or the full amount) of the Security promptly.
Name of Financial Institution and Officer's Title:
Officer Executing this Document
(Type or print):
______________
Officer's Signature: Date:
______________
Notary stamp or seal:
Sworn to or affirmed before me on this ____________________ day of
____________________ 20 ____________________
Signature of Notary Public in and for the State of Tennessee:
______________
My Commission Expires:
Amended by 2022 Tenn. Acts, ch. 800, s 1, eff. 4/8/2022.
Amended by 2015 Tenn. Acts, ch. 416, s 1, eff. 5/8/2015.
Acts 1939, ch. 199, § 2; C. Supp. 1950, § 11715.2; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 550, § 1; T.C.A. (orig. ed.), § 40-1402; Acts 1985, ch. 394, § 2; 2001, ch. 426, § 2; 2003 , ch. 303, § 4.
Tenn. Code Ann. § 40-28-201 — TN Code / Title 40 / Chapter 28 / Section 40-28-201
Parolees, probationers and employed releasees - Contributions required - Arrearages - Records
Status: in_force

(a) (1) Except in those cases waived by the director as hardship cases, any person who is placed on parole or any person who is granted suspension of sentence and probation by a court of competent jurisdiction, and who is under the supervision of the department, and based on the person's ability to pay, shall be required to contribute fifteen dollars ($15.00) per month toward the cost of the person's supervision and rehabilitation. The contribution shall be deposited in the department of correction supervision and rehabilitation fund established pursuant to § 40-28-203 . This subdivision (a)(1) shall also apply to any probationer or parolee transferred to the state of Tennessee from another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled in part 4 of this chapter. In addition, any offender who is under the supervision of the department who requests to transfer residence to another state under the Interstate Compact for the Supervision of Adult Offenders shall pay to the department an application fee for the transfer. (2) In addition to the other charges and fees imposed by this section, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to contribute funds as the department deems necessary and reasonable to cover the applicable costs of the program. This subdivision (a)(2) shall also apply to any probationer or parolee for violation of a serious offense or sexually violent offense, as defined in § 40-39-202 , transferred to the state of Tennessee from another state under the Interstate Compact for the Supervision of Adult Offenders. (3) (A) The department shall make an investigation of the financial and other circumstances of the following persons: (i) Any person who is placed on parole; (ii) Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or (iii) Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department. (B) Based on the person's ability to pay, the department shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the department, to the criminal injuries compensation fund established in § 40-24-107 , beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(3) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202 , the department may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship. (4) Except in those cases waived by the department of correction as hardship cases, any inmate who is participating in any department of correction program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the department of correction, whether community-based or otherwise (the inmate shall be referred to as "employed releasee" in this part), and who is under the supervision of the department, and based on the inmate's ability to pay, shall be required to contribute five dollars ($5.00) per month toward the cost of the inmate's supervision and rehabilitation. The department of correction shall deposit the contribution as departmental revenue of the institution. (5) In addition to the other charges and fees imposed by this section, beginning July 1, 2018, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to pay a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device. All proceeds collected pursuant to this subdivision (a)(5) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . (b) (1) The sums shall be deducted by the parolee or probationer from the person's monthly net earned income and shall be delivered to the department on or before the fifth day of each month, or as provided in §§ 40-28-203 and 40-28-204 before the tenth day of each month. In the case of an employed releasee, the contributions shall be made through existing revenue deduction procedures. (2) By prior agreement between an employer and employee, an employer may deduct the amount necessary to satisfy the contributions required pursuant to this section, from the monthly earned income of the parolee, probationer or other employed releasee, and remit the amount to the department by the fifth day of each month. (3) The responsibility of assuring the contributions shall remain that of the parolee, probationer or employed releasee. (c) In the event of more than two (2) months' arrearage or delinquency in making either or both of the contributions, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole, probation or other release program of the person in arrears. (d) Separate records shall be maintained of those funds contributed toward the cost of a person's supervision and rehabilitation by the department and those funds contributed to the criminal injuries compensation fund. Amended by 2018 Tenn. Acts, ch. 1046, s 9, eff. 7/1/2018. Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(a); Acts 1984, ch. 752, § 6; 1985, ch. 211, § 1; 1988, ch. 528, §§ 1-4; 1989, ch. 227, § 48; 1995, ch. 497, § 1; 1998, ch. 1049, §§ 24, 66; 2004, ch. 899, § 4; 2005, ch. 149, §§ 1, 2; 2009 , ch. 313, § 1; 2009 , ch. 531, §§ 16, 17; 2011 , ch. 483, § 3; 2012 , ch. 727, § 36.
(a) (1) Except in those cases waived by the director as hardship cases, any person who is placed on parole or any person who is granted suspension of sentence and probation by a court of competent jurisdiction, and who is under the supervision of the department, and based on the person's ability to pay, shall be required to contribute fifteen dollars ($15.00) per month toward the cost of the person's supervision and rehabilitation. The contribution shall be deposited in the department of correction supervision and rehabilitation fund established pursuant to § 40-28-203 . This subdivision (a)(1) shall also apply to any probationer or parolee transferred to the state of Tennessee from another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled in part 4 of this chapter. In addition, any offender who is under the supervision of the department who requests to transfer residence to another state under the Interstate Compact for the Supervision of Adult Offenders shall pay to the department an application fee for the transfer. (2) In addition to the other charges and fees imposed by this section, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to contribute funds as the department deems necessary and reasonable to cover the applicable costs of the program. This subdivision (a)(2) shall also apply to any probationer or parolee for violation of a serious offense or sexually violent offense, as defined in § 40-39-202 , transferred to the state of Tennessee from another state under the Interstate Compact for the Supervision of Adult Offenders. (3) (A) The department shall make an investigation of the financial and other circumstances of the following persons: (i) Any person who is placed on parole; (ii) Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or (iii) Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department. (B) Based on the person's ability to pay, the department shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the department, to the criminal injuries compensation fund established in § 40-24-107 , beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(3) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202 , the department may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship. (4) Except in those cases waived by the department of correction as hardship cases, any inmate who is participating in any department of correction program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the department of correction, whether community-based or otherwise (the inmate shall be referred to as "employed releasee" in this part), and who is under the supervision of the department, and based on the inmate's ability to pay, shall be required to contribute five dollars ($5.00) per month toward the cost of the inmate's supervision and rehabilitation. The department of correction shall deposit the contribution as departmental revenue of the institution. (5) In addition to the other charges and fees imposed by this section, beginning July 1, 2018, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to pay a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device. All proceeds collected pursuant to this subdivision (a)(5) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
(1) Except in those cases waived by the director as hardship cases, any person who is placed on parole or any person who is granted suspension of sentence and probation by a court of competent jurisdiction, and who is under the supervision of the department, and based on the person's ability to pay, shall be required to contribute fifteen dollars ($15.00) per month toward the cost of the person's supervision and rehabilitation. The contribution shall be deposited in the department of correction supervision and rehabilitation fund established pursuant to § 40-28-203 . This subdivision (a)(1) shall also apply to any probationer or parolee transferred to the state of Tennessee from another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled in part 4 of this chapter. In addition, any offender who is under the supervision of the department who requests to transfer residence to another state under the Interstate Compact for the Supervision of Adult Offenders shall pay to the department an application fee for the transfer.
(2) In addition to the other charges and fees imposed by this section, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to contribute funds as the department deems necessary and reasonable to cover the applicable costs of the program. This subdivision (a)(2) shall also apply to any probationer or parolee for violation of a serious offense or sexually violent offense, as defined in § 40-39-202 , transferred to the state of Tennessee from another state under the Interstate Compact for the Supervision of Adult Offenders.
(3) (A) The department shall make an investigation of the financial and other circumstances of the following persons: (i) Any person who is placed on parole; (ii) Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or (iii) Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department. (B) Based on the person's ability to pay, the department shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the department, to the criminal injuries compensation fund established in § 40-24-107 , beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(3) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202 , the department may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship.
(A) The department shall make an investigation of the financial and other circumstances of the following persons: (i) Any person who is placed on parole; (ii) Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or (iii) Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department.
(i) Any person who is placed on parole;
(ii) Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or
(iii) Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department.
(B) Based on the person's ability to pay, the department shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the department, to the criminal injuries compensation fund established in § 40-24-107 , beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(3) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202 , the department may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship.
(4) Except in those cases waived by the department of correction as hardship cases, any inmate who is participating in any department of correction program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the department of correction, whether community-based or otherwise (the inmate shall be referred to as "employed releasee" in this part), and who is under the supervision of the department, and based on the inmate's ability to pay, shall be required to contribute five dollars ($5.00) per month toward the cost of the inmate's supervision and rehabilitation. The department of correction shall deposit the contribution as departmental revenue of the institution.
(5) In addition to the other charges and fees imposed by this section, beginning July 1, 2018, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to pay a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device. All proceeds collected pursuant to this subdivision (a)(5) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
(b) (1) The sums shall be deducted by the parolee or probationer from the person's monthly net earned income and shall be delivered to the department on or before the fifth day of each month, or as provided in §§ 40-28-203 and 40-28-204 before the tenth day of each month. In the case of an employed releasee, the contributions shall be made through existing revenue deduction procedures. (2) By prior agreement between an employer and employee, an employer may deduct the amount necessary to satisfy the contributions required pursuant to this section, from the monthly earned income of the parolee, probationer or other employed releasee, and remit the amount to the department by the fifth day of each month. (3) The responsibility of assuring the contributions shall remain that of the parolee, probationer or employed releasee.
(1) The sums shall be deducted by the parolee or probationer from the person's monthly net earned income and shall be delivered to the department on or before the fifth day of each month, or as provided in §§ 40-28-203 and 40-28-204 before the tenth day of each month. In the case of an employed releasee, the contributions shall be made through existing revenue deduction procedures.
(2) By prior agreement between an employer and employee, an employer may deduct the amount necessary to satisfy the contributions required pursuant to this section, from the monthly earned income of the parolee, probationer or other employed releasee, and remit the amount to the department by the fifth day of each month.
(3) The responsibility of assuring the contributions shall remain that of the parolee, probationer or employed releasee.
(c) In the event of more than two (2) months' arrearage or delinquency in making either or both of the contributions, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole, probation or other release program of the person in arrears.
(d) Separate records shall be maintained of those funds contributed toward the cost of a person's supervision and rehabilitation by the department and those funds contributed to the criminal injuries compensation fund.
Amended by 2018 Tenn. Acts, ch. 1046, s 9, eff. 7/1/2018.
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(a); Acts 1984, ch. 752, § 6; 1985, ch. 211, § 1; 1988, ch. 528, §§ 1-4; 1989, ch. 227, § 48; 1995, ch. 497, § 1; 1998, ch. 1049, §§ 24, 66; 2004, ch. 899, § 4; 2005, ch. 149, §§ 1, 2; 2009 , ch. 313, § 1; 2009 , ch. 531, §§ 16, 17; 2011 , ch. 483, § 3; 2012 , ch. 727, § 36.
Tenn. Code Ann. § 40-11-150 — TN Code / Title 40 / Chapter 11 / Section 40-11-150
Additional factors in determining amount of bail - Conditional release - Discharge of conditions - Notification to law enforcement
Status: in_force

(a) In addition to the factors set out in § 40-11-118 , in making a decision concerning the amount of bail required for the release of a defendant who is arrested for the offense of child abuse, child neglect, or child endangerment, as defined in § 39-15-401 ; the offense of aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as defined in § 39-15-402 ; the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 ; a violation of § 39-15-507 or § 39-15-508 , involving neglect or aggravated neglect of an elderly or vulnerable adult; a violation of § 39-15-510 or § 39-15-511 involving abuse or aggravated abuse of an elderly or vulnerable adult; any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (10), or (11) , or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrest and detention of the defendant and determine whether the defendant is: (1) A threat to the alleged victim; (2) A threat to public safety; and (3) Reasonably likely to appear in court. (b) Before releasing a person arrested for or charged with an offense specified in subsection (a), or a violation of an order of protection, the magistrate shall make findings on the record, if possible, concerning the determination made in accordance with subsection (a), and shall impose one (1) or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding. The conditions may include: (1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim; (2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly; (3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be; (4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the magistrate; (5) An order prohibiting the defendant from possession or consumption of alcohol, controlled substances or controlled substance analogues; (6) An order requiring the defendant to carry or wear a global positioning monitoring system device and, if able, pay the costs associated with operating that device and electronic receptor device provided to the victim, pursuant to § 40-11-152 ; and (7) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the defendant in court. (c) Concurrent with the imposition of one (1) or more conditions of release, the magistrate shall: (1) Issue a written order for conditional release containing the conditions of the release on a form prepared by the administrative office of the courts, in consultation with the Tennessee task force against domestic violence, and distributed to judges and magistrates by the administrative office of the courts; (2) Immediately distribute a copy of the order to the law enforcement agency having custody of the defendant, which agency shall file and maintain the order in the same manner as is done for orders of protection; and (3) Provide the law enforcement agency with any available information concerning the location of the victim in a manner that protects the safety of the victim. (d) The law enforcement agency having custody of the defendant shall provide a copy of the conditions to the defendant upon the defendant's release. Failure to provide the defendant with a copy of the conditions of release does not invalidate the conditions if the defendant has notice of such conditions. (e) If conditions of release are imposed without a hearing, the defendant may request a prompt hearing before the court having jurisdiction of the offense for which the defendant was arrested or is charged to review the conditions. Upon such a request, the court shall hold a prompt hearing to review the conditions. (f) When a defendant who is arrested for or charged with an offense specified in subsection (a) or with a violation of an order of protection is released from custody, the law enforcement agency having custody of the defendant shall: (1) Use all reasonable means to immediately notify the victim of the alleged offense of the release and of the address and telephone number of the nearest source of assistance to victims of domestic violence, including, but not limited to, shelters, counseling centers or other appropriate community resources; and (2) Send the victim at the victim's last known address a copy of any conditions of release. If the victim is present at the time the conditions are imposed, a copy of the conditions may be given to the victim at that time; provided, that failure to furnish the victim a copy of any conditions of release shall not constitute negligence per se by the law enforcement agency. (g) Release of a defendant who is arrested for or charged with a crime specified in subsection (a) or with a violation of an order of protection shall not be delayed because of the requirements of subsection (f). (h) (1) Any offender arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , or any criminal offense defined in title 39, chapter 13, in which the alleged victim is a victim as defined in § 36-3-601 , shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the offender may, however, release the offender in less than twelve (12) hours if the official finds that the offender is not a threat to the alleged victim. (2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this subsection (h). (3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (h)(1). (4) If an order of protection or restraining order has been issued against an offender arrested for an offense listed in subdivision (h)(1), but the offender has not been served with the order prior to incarceration, the offender shall be served whenever possible with the order prior to the offender's release from incarceration. If an order has not been served on the offender at the conclusion of the offender's twelve-hour holding period, the offender may be released, but the order shall be served as soon as possible after the release. Service remains valid on an offender if it is made after the offender is released from incarceration rather than while incarcerated for the twelve-hour hold period. (i) (1) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense. (2) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense. (j) (1) If a defendant upon whom conditions of release have been imposed pursuant to this section is for any reason discharged or released from those conditions, the discharging or releasing court shall notify all law enforcement agencies within its jurisdiction that the defendant is no longer subject to the conditions originally imposed. (2) The administrative office of the courts, in consultation with the domestic violence state coordinating council, shall prepare a discharge from conditions of release notification form to send to law enforcement agencies as required by subdivision (j)(1) and shall distribute the form to all courts with the authority to discharge or release a defendant from conditions of release. (k) (1) A magistrate or other official shall not release an offender arrested for a violation of § 39-15-510 or § 39-15-511 , involving abuse or aggravated abuse of an elderly or vulnerable adult, or for a violation of § 39-15-507 or § 39-15-508 , involving neglect or aggravated neglect of an elderly or vulnerable adult, within twelve (12) hours of the time of arrest. However, the magistrate or other official duly authorized to release the offender may release the offender in less than twelve (12) hours if the magistrate or other official finds that the offender is not a threat to the alleged victim. (2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of arrest in order to establish the beginning of the twelve-hour period required by this subsection (k). (3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (k)(1). (4) (A) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense. (B) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense. (l) (1) (A) Any officer who has reason to believe that a defendant under arrest may pose a substantial likelihood of serious harm to the defendant or to others may make a recommendation to the community mental health crisis response service that the defendant be evaluated by a member of such service to determine if the defendant is subject to admission to a hospital or treatment resource pursuant to § 33-6-403 . (B) The assessment of the defendant by a member of a community mental health crisis response service shall be completed within twelve (12) hours from the time the defendant is in custody or the magistrate or other official with the authority to determine bail shall set bail and admit the defendant to bail, when appropriate. However, if the assessment is being conducted at the end of the twelve-hour period, the member of the community mental health crisis response service may complete the assessment. The magistrate or other official duly authorized to release the defendant may, however, release the accused in less than twelve (12) hours if the official determines that sufficient time has or will have elapsed for the victim to be protected. (C) If the assessment of the defendant by the member of the community mental health crisis response service indicates that the defendant does not meet the standards of § 33-6-403 , the officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall so report to the magistrate or other official with the authority to determine bail and such magistrate or official shall set bail and admit the defendant to bail, when appropriate. (2) The officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall note the time the defendant was taken into custody for purposes of beginning the twelve-hour assessment period provided in subdivision ( l )(1)(B). (m) (1) Following the arrest of a person for any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent either: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; or (B) Used or displayed a deadly weapon, as defined in § 39-11-106 . (2) If the court or magistrate finds probable cause to believe that one (1) or both of the circumstances in subdivision (m)(1) did occur, unless the court or magistrate finds that the offender no longer poses a threat to the alleged victim or public safety, the court or magistrate shall impose the twelve-hour hold period and victim notification requirements in accordance with subsection (h). (3) Prior to the offender's release on bond, the court or magistrate shall issue a no contact order containing all of the bond conditions set out in this section that are applicable to the protection of a domestic abuse victim. (n) (1) Following the arrest of a person for the offense of aggravated assault, under § 39-13-102(a)(1)(i), (a)(1)(iii), or (a)(1)(iv) , in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; (B) Strangled or attempted to strangle the alleged domestic abuse victim; or (C) Used or displayed a deadly weapon, as defined in § 39-11-106 . (2) If the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in subdivision (n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety: (A) The court or magistrate may, in addition to the twelve-hour hold period and victim notification requirements in subsection (h), extend the twelve-hour hold period up to twenty-four (24) hours after the time of arrest; and (B) Prior to the defendant's release on bond, the court or magistrate shall: (i) Issue a no contact order containing all bond conditions set out in this section that are applicable to the protection of the domestic violence victim; and (ii) Order the defendant to wear a global positioning monitoring system device as set forth in § 40-11-152(b)(2) . Amended by 2024 Tenn. Acts, ch. 1033,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 942,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 942,s 3, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 828, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 500, Secs.s 16, s 17 eff. 10/1/2021. Amended by 2018 Tenn. Acts, ch. 1050, s 7, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 586, s 2, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 720, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 375, Secs.s 1, s 2 eff. 5/8/2015. Amended by 2015 Tenn. Acts, ch. 245, s 1, eff. 4/24/2015. Acts 1995, ch. 410, § 1; 1996, ch. 710, § 1; 1997 , ch. 487, § 1; 1999, ch. 128, §§ 1, 2; 1999, ch. 138, §§ 1 - 3; 2000, ch. 633, § 1; 2001, ch. 309, §§ 1 - 5; 2004, ch. 780, § 1; 2005, ch. 482, §§ 5, 6; 2006, ch. 920, §§ 5, 6; 2008 , ch. 868, § 4; 2010 , ch. 937, § 2; 2010 , ch. 981, § 5; 2011 , ch. 406, § 1; 2012 , ch. 848, § 30.
(a) In addition to the factors set out in § 40-11-118 , in making a decision concerning the amount of bail required for the release of a defendant who is arrested for the offense of child abuse, child neglect, or child endangerment, as defined in § 39-15-401 ; the offense of aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as defined in § 39-15-402 ; the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 ; a violation of § 39-15-507 or § 39-15-508 , involving neglect or aggravated neglect of an elderly or vulnerable adult; a violation of § 39-15-510 or § 39-15-511 involving abuse or aggravated abuse of an elderly or vulnerable adult; any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (10), or (11) , or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrest and detention of the defendant and determine whether the defendant is: (1) A threat to the alleged victim; (2) A threat to public safety; and (3) Reasonably likely to appear in court.
(1) A threat to the alleged victim;
(2) A threat to public safety; and
(3) Reasonably likely to appear in court.
(b) Before releasing a person arrested for or charged with an offense specified in subsection (a), or a violation of an order of protection, the magistrate shall make findings on the record, if possible, concerning the determination made in accordance with subsection (a), and shall impose one (1) or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding. The conditions may include: (1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim; (2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly; (3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be; (4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the magistrate; (5) An order prohibiting the defendant from possession or consumption of alcohol, controlled substances or controlled substance analogues; (6) An order requiring the defendant to carry or wear a global positioning monitoring system device and, if able, pay the costs associated with operating that device and electronic receptor device provided to the victim, pursuant to § 40-11-152 ; and (7) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the defendant in court.
(1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim;
(2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly;
(3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be;
(4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the magistrate;
(5) An order prohibiting the defendant from possession or consumption of alcohol, controlled substances or controlled substance analogues;
(6) An order requiring the defendant to carry or wear a global positioning monitoring system device and, if able, pay the costs associated with operating that device and electronic receptor device provided to the victim, pursuant to § 40-11-152 ; and
(7) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the defendant in court.
(c) Concurrent with the imposition of one (1) or more conditions of release, the magistrate shall: (1) Issue a written order for conditional release containing the conditions of the release on a form prepared by the administrative office of the courts, in consultation with the Tennessee task force against domestic violence, and distributed to judges and magistrates by the administrative office of the courts; (2) Immediately distribute a copy of the order to the law enforcement agency having custody of the defendant, which agency shall file and maintain the order in the same manner as is done for orders of protection; and (3) Provide the law enforcement agency with any available information concerning the location of the victim in a manner that protects the safety of the victim.
(1) Issue a written order for conditional release containing the conditions of the release on a form prepared by the administrative office of the courts, in consultation with the Tennessee task force against domestic violence, and distributed to judges and magistrates by the administrative office of the courts;
(2) Immediately distribute a copy of the order to the law enforcement agency having custody of the defendant, which agency shall file and maintain the order in the same manner as is done for orders of protection; and
(3) Provide the law enforcement agency with any available information concerning the location of the victim in a manner that protects the safety of the victim.
(d) The law enforcement agency having custody of the defendant shall provide a copy of the conditions to the defendant upon the defendant's release. Failure to provide the defendant with a copy of the conditions of release does not invalidate the conditions if the defendant has notice of such conditions.
(e) If conditions of release are imposed without a hearing, the defendant may request a prompt hearing before the court having jurisdiction of the offense for which the defendant was arrested or is charged to review the conditions. Upon such a request, the court shall hold a prompt hearing to review the conditions.
(f) When a defendant who is arrested for or charged with an offense specified in subsection (a) or with a violation of an order of protection is released from custody, the law enforcement agency having custody of the defendant shall: (1) Use all reasonable means to immediately notify the victim of the alleged offense of the release and of the address and telephone number of the nearest source of assistance to victims of domestic violence, including, but not limited to, shelters, counseling centers or other appropriate community resources; and (2) Send the victim at the victim's last known address a copy of any conditions of release. If the victim is present at the time the conditions are imposed, a copy of the conditions may be given to the victim at that time; provided, that failure to furnish the victim a copy of any conditions of release shall not constitute negligence per se by the law enforcement agency.
(1) Use all reasonable means to immediately notify the victim of the alleged offense of the release and of the address and telephone number of the nearest source of assistance to victims of domestic violence, including, but not limited to, shelters, counseling centers or other appropriate community resources; and
(2) Send the victim at the victim's last known address a copy of any conditions of release. If the victim is present at the time the conditions are imposed, a copy of the conditions may be given to the victim at that time; provided, that failure to furnish the victim a copy of any conditions of release shall not constitute negligence per se by the law enforcement agency.
(g) Release of a defendant who is arrested for or charged with a crime specified in subsection (a) or with a violation of an order of protection shall not be delayed because of the requirements of subsection (f).
(h) (1) Any offender arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , or any criminal offense defined in title 39, chapter 13, in which the alleged victim is a victim as defined in § 36-3-601 , shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the offender may, however, release the offender in less than twelve (12) hours if the official finds that the offender is not a threat to the alleged victim. (2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this subsection (h). (3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (h)(1). (4) If an order of protection or restraining order has been issued against an offender arrested for an offense listed in subdivision (h)(1), but the offender has not been served with the order prior to incarceration, the offender shall be served whenever possible with the order prior to the offender's release from incarceration. If an order has not been served on the offender at the conclusion of the offender's twelve-hour holding period, the offender may be released, but the order shall be served as soon as possible after the release. Service remains valid on an offender if it is made after the offender is released from incarceration rather than while incarcerated for the twelve-hour hold period.
(1) Any offender arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , or any criminal offense defined in title 39, chapter 13, in which the alleged victim is a victim as defined in § 36-3-601 , shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the offender may, however, release the offender in less than twelve (12) hours if the official finds that the offender is not a threat to the alleged victim.
(2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this subsection (h).
(3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (h)(1).
(4) If an order of protection or restraining order has been issued against an offender arrested for an offense listed in subdivision (h)(1), but the offender has not been served with the order prior to incarceration, the offender shall be served whenever possible with the order prior to the offender's release from incarceration. If an order has not been served on the offender at the conclusion of the offender's twelve-hour holding period, the offender may be released, but the order shall be served as soon as possible after the release. Service remains valid on an offender if it is made after the offender is released from incarceration rather than while incarcerated for the twelve-hour hold period.
(i) (1) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense. (2) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.
(1) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense.
(2) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.
(j) (1) If a defendant upon whom conditions of release have been imposed pursuant to this section is for any reason discharged or released from those conditions, the discharging or releasing court shall notify all law enforcement agencies within its jurisdiction that the defendant is no longer subject to the conditions originally imposed. (2) The administrative office of the courts, in consultation with the domestic violence state coordinating council, shall prepare a discharge from conditions of release notification form to send to law enforcement agencies as required by subdivision (j)(1) and shall distribute the form to all courts with the authority to discharge or release a defendant from conditions of release.
(1) If a defendant upon whom conditions of release have been imposed pursuant to this section is for any reason discharged or released from those conditions, the discharging or releasing court shall notify all law enforcement agencies within its jurisdiction that the defendant is no longer subject to the conditions originally imposed.
(2) The administrative office of the courts, in consultation with the domestic violence state coordinating council, shall prepare a discharge from conditions of release notification form to send to law enforcement agencies as required by subdivision (j)(1) and shall distribute the form to all courts with the authority to discharge or release a defendant from conditions of release.
(k) (1) A magistrate or other official shall not release an offender arrested for a violation of § 39-15-510 or § 39-15-511 , involving abuse or aggravated abuse of an elderly or vulnerable adult, or for a violation of § 39-15-507 or § 39-15-508 , involving neglect or aggravated neglect of an elderly or vulnerable adult, within twelve (12) hours of the time of arrest. However, the magistrate or other official duly authorized to release the offender may release the offender in less than twelve (12) hours if the magistrate or other official finds that the offender is not a threat to the alleged victim. (2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of arrest in order to establish the beginning of the twelve-hour period required by this subsection (k). (3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (k)(1). (4) (A) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense. (B) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.
(1) A magistrate or other official shall not release an offender arrested for a violation of § 39-15-510 or § 39-15-511 , involving abuse or aggravated abuse of an elderly or vulnerable adult, or for a violation of § 39-15-507 or § 39-15-508 , involving neglect or aggravated neglect of an elderly or vulnerable adult, within twelve (12) hours of the time of arrest. However, the magistrate or other official duly authorized to release the offender may release the offender in less than twelve (12) hours if the magistrate or other official finds that the offender is not a threat to the alleged victim.
(2) The findings shall be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of arrest in order to establish the beginning of the twelve-hour period required by this subsection (k).
(3) If the offender is released prior to the conclusion of the twelve-hour period, the official shall make all reasonable efforts to directly contact the victim and inform the victim that the person charged with the offense will be released prior to the conclusion of the twelve-hour period mandated in subdivision (k)(1).
(4) (A) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense. (B) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.
(A) A person who violates a condition of release imposed pursuant to this section shall be subject to immediate arrest with or without a warrant as provided in § 40-7-103(b) . If the violation of the condition of release also constitutes the offense of violation of a protective order as prohibited by § 39-13-113 , the person shall be charged with the offense, and the bail of the person violating the condition of release may be revoked by the court having jurisdiction of the offense.
(B) If the violation of the condition of release does not also constitute a violation of § 39-13-113 , then the release condition violation must be punished as provided in § 40-11-154. The bail of the person violating the condition of release may be revoked by the court having jurisdiction of the original offense.
(l) (1) (A) Any officer who has reason to believe that a defendant under arrest may pose a substantial likelihood of serious harm to the defendant or to others may make a recommendation to the community mental health crisis response service that the defendant be evaluated by a member of such service to determine if the defendant is subject to admission to a hospital or treatment resource pursuant to § 33-6-403 . (B) The assessment of the defendant by a member of a community mental health crisis response service shall be completed within twelve (12) hours from the time the defendant is in custody or the magistrate or other official with the authority to determine bail shall set bail and admit the defendant to bail, when appropriate. However, if the assessment is being conducted at the end of the twelve-hour period, the member of the community mental health crisis response service may complete the assessment. The magistrate or other official duly authorized to release the defendant may, however, release the accused in less than twelve (12) hours if the official determines that sufficient time has or will have elapsed for the victim to be protected. (C) If the assessment of the defendant by the member of the community mental health crisis response service indicates that the defendant does not meet the standards of § 33-6-403 , the officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall so report to the magistrate or other official with the authority to determine bail and such magistrate or official shall set bail and admit the defendant to bail, when appropriate. (2) The officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall note the time the defendant was taken into custody for purposes of beginning the twelve-hour assessment period provided in subdivision ( l )(1)(B).
(1) (A) Any officer who has reason to believe that a defendant under arrest may pose a substantial likelihood of serious harm to the defendant or to others may make a recommendation to the community mental health crisis response service that the defendant be evaluated by a member of such service to determine if the defendant is subject to admission to a hospital or treatment resource pursuant to § 33-6-403 . (B) The assessment of the defendant by a member of a community mental health crisis response service shall be completed within twelve (12) hours from the time the defendant is in custody or the magistrate or other official with the authority to determine bail shall set bail and admit the defendant to bail, when appropriate. However, if the assessment is being conducted at the end of the twelve-hour period, the member of the community mental health crisis response service may complete the assessment. The magistrate or other official duly authorized to release the defendant may, however, release the accused in less than twelve (12) hours if the official determines that sufficient time has or will have elapsed for the victim to be protected. (C) If the assessment of the defendant by the member of the community mental health crisis response service indicates that the defendant does not meet the standards of § 33-6-403 , the officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall so report to the magistrate or other official with the authority to determine bail and such magistrate or official shall set bail and admit the defendant to bail, when appropriate.
(A) Any officer who has reason to believe that a defendant under arrest may pose a substantial likelihood of serious harm to the defendant or to others may make a recommendation to the community mental health crisis response service that the defendant be evaluated by a member of such service to determine if the defendant is subject to admission to a hospital or treatment resource pursuant to § 33-6-403 .
(B) The assessment of the defendant by a member of a community mental health crisis response service shall be completed within twelve (12) hours from the time the defendant is in custody or the magistrate or other official with the authority to determine bail shall set bail and admit the defendant to bail, when appropriate. However, if the assessment is being conducted at the end of the twelve-hour period, the member of the community mental health crisis response service may complete the assessment. The magistrate or other official duly authorized to release the defendant may, however, release the accused in less than twelve (12) hours if the official determines that sufficient time has or will have elapsed for the victim to be protected.
(C) If the assessment of the defendant by the member of the community mental health crisis response service indicates that the defendant does not meet the standards of § 33-6-403 , the officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall so report to the magistrate or other official with the authority to determine bail and such magistrate or official shall set bail and admit the defendant to bail, when appropriate.
(2) The officer who has reasonable cause to believe that the defendant may pose a substantial likelihood of serious harm shall note the time the defendant was taken into custody for purposes of beginning the twelve-hour assessment period provided in subdivision ( l )(1)(B).
(m) (1) Following the arrest of a person for any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent either: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; or (B) Used or displayed a deadly weapon, as defined in § 39-11-106 . (2) If the court or magistrate finds probable cause to believe that one (1) or both of the circumstances in subdivision (m)(1) did occur, unless the court or magistrate finds that the offender no longer poses a threat to the alleged victim or public safety, the court or magistrate shall impose the twelve-hour hold period and victim notification requirements in accordance with subsection (h). (3) Prior to the offender's release on bond, the court or magistrate shall issue a no contact order containing all of the bond conditions set out in this section that are applicable to the protection of a domestic abuse victim.
(1) Following the arrest of a person for any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent either: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; or (B) Used or displayed a deadly weapon, as defined in § 39-11-106 .
(A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; or
(B) Used or displayed a deadly weapon, as defined in § 39-11-106 .
(2) If the court or magistrate finds probable cause to believe that one (1) or both of the circumstances in subdivision (m)(1) did occur, unless the court or magistrate finds that the offender no longer poses a threat to the alleged victim or public safety, the court or magistrate shall impose the twelve-hour hold period and victim notification requirements in accordance with subsection (h).
(3) Prior to the offender's release on bond, the court or magistrate shall issue a no contact order containing all of the bond conditions set out in this section that are applicable to the protection of a domestic abuse victim.
(n) (1) Following the arrest of a person for the offense of aggravated assault, under § 39-13-102(a)(1)(i), (a)(1)(iii), or (a)(1)(iv) , in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; (B) Strangled or attempted to strangle the alleged domestic abuse victim; or (C) Used or displayed a deadly weapon, as defined in § 39-11-106 . (2) If the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in subdivision (n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety: (A) The court or magistrate may, in addition to the twelve-hour hold period and victim notification requirements in subsection (h), extend the twelve-hour hold period up to twenty-four (24) hours after the time of arrest; and (B) Prior to the defendant's release on bond, the court or magistrate shall: (i) Issue a no contact order containing all bond conditions set out in this section that are applicable to the protection of the domestic violence victim; and (ii) Order the defendant to wear a global positioning monitoring system device as set forth in § 40-11-152(b)(2) .
(1) Following the arrest of a person for the offense of aggravated assault, under § 39-13-102(a)(1)(i), (a)(1)(iii), or (a)(1)(iv) , in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 , the court or magistrate shall make a finding whether there is probable cause to believe the respondent: (A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; (B) Strangled or attempted to strangle the alleged domestic abuse victim; or (C) Used or displayed a deadly weapon, as defined in § 39-11-106 .
(A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim;
(B) Strangled or attempted to strangle the alleged domestic abuse victim; or
(C) Used or displayed a deadly weapon, as defined in § 39-11-106 .
(2) If the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in subdivision (n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety: (A) The court or magistrate may, in addition to the twelve-hour hold period and victim notification requirements in subsection (h), extend the twelve-hour hold period up to twenty-four (24) hours after the time of arrest; and (B) Prior to the defendant's release on bond, the court or magistrate shall: (i) Issue a no contact order containing all bond conditions set out in this section that are applicable to the protection of the domestic violence victim; and (ii) Order the defendant to wear a global positioning monitoring system device as set forth in § 40-11-152(b)(2) .
(A) The court or magistrate may, in addition to the twelve-hour hold period and victim notification requirements in subsection (h), extend the twelve-hour hold period up to twenty-four (24) hours after the time of arrest; and
(B) Prior to the defendant's release on bond, the court or magistrate shall: (i) Issue a no contact order containing all bond conditions set out in this section that are applicable to the protection of the domestic violence victim; and (ii) Order the defendant to wear a global positioning monitoring system device as set forth in § 40-11-152(b)(2) .
(i) Issue a no contact order containing all bond conditions set out in this section that are applicable to the protection of the domestic violence victim; and
(ii) Order the defendant to wear a global positioning monitoring system device as set forth in § 40-11-152(b)(2) .
Amended by 2024 Tenn. Acts, ch. 1033,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 942,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 942,s 3, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 828, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 500, Secs.s 16, s 17 eff. 10/1/2021.
Amended by 2018 Tenn. Acts, ch. 1050, s 7, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 586, s 2, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 720, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 375, Secs.s 1, s 2 eff. 5/8/2015.
Amended by 2015 Tenn. Acts, ch. 245, s 1, eff. 4/24/2015.
Acts 1995, ch. 410, § 1; 1996, ch. 710, § 1; 1997 , ch. 487, § 1; 1999, ch. 128, §§ 1, 2; 1999, ch. 138, §§ 1 - 3; 2000, ch. 633, § 1; 2001, ch. 309, §§ 1 - 5; 2004, ch. 780, § 1; 2005, ch. 482, §§ 5, 6; 2006, ch. 920, §§ 5, 6; 2008 , ch. 868, § 4; 2010 , ch. 937, § 2; 2010 , ch. 981, § 5; 2011 , ch. 406, § 1; 2012 , ch. 848, § 30.
Tenn. Code Ann. § 40-5-203 — TN Code / Title 40 / Chapter 5 / Section 40-5-203
Compensation and fees
Status: in_force

The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the majority of general sessions judges of the county and subject to the approval of the legislative body. Fees established and authorized by § 8-21-401 shall be paid to the general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner. Acts 1983, ch. 86, § 1.
The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the majority of general sessions judges of the county and subject to the approval of the legislative body. Fees established and authorized by § 8-21-401 shall be paid to the general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner.
Acts 1983, ch. 86, § 1.
Tenn. Code Ann. § 40-11-118 — TN Code / Title 40 / Chapter 11 / Section 40-11-118
Execution and deposit - Bail set no higher than necessary - Factors considered - Bonds and sureties
Status: in_force

(a) (1) Any defendant for whom bail has been set may execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bail. The clerk may accept a deposit by means of a debit card or mobile cash application and, if the clerk accepts such methods of payment, may charge a fee to pay for any cost charged to the clerk for accepting the applicable method of payment. (2) Upon depositing this sum, the defendant shall be released from custody subject to the conditions of the bail bond. Bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required. (b) In determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, the magistrate shall consider the following: (1) The defendant's length of residence in the community; (2) The defendant's employment status and history and financial condition; provided, that, the defendant's ability to pay shall not be considered; (3) The defendant's family ties and relationships; (4) The defendant's reputation, character and mental condition; (5) The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings; (6) The nature of the offense and the apparent probability of conviction and the likely sentence; (7) The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community; (8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and (9) Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state. (c) (1) Whenever a court's judgment includes the requirement that the defendant pay a fine or cost, the court may require that the payment of the fine or cost be secured by surety bond or other appropriate undertaking if such defendant has a history of past due fines and costs. A parent, guardian or other responsible party may be permitted to act as surety in order to guarantee the payment of the fine or cost. (2) Notwithstanding any other provision of law to the contrary, unless the surety executes a bond or agreement which specifically makes the surety liable for the fine, cost, or restitution, no surety shall be held liable for the fine, cost or restitution without the surety's consent. (d) (1) (A) Unless the court determines that the requirement would not be in the best interest of justice and public safety, when the court is determining the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant, under § 55-10-401 , vehicular assault, under § 39-13-106 , aggravated vehicular assault, under § 39-13-115 , vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , and the alleged offense involved the use of alcohol, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of the alleged offense; (iii) The defendant's driver license has previously been suspended for a violation of § 55-10-406 ; or (iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205 ; (b) Reckless endangerment, under § 39-13-103 ; (c) Driving under the influence of an intoxicant, under § 55-10-401 ; (d) Vehicular assault, under § 39-13-106 ; (e) Aggravated vehicular assault, under § 39-13-115 ; (f) Vehicular homicide, under § 39-13-213(a)(2) ; or (g) Aggravated vehicular homicide, under § 39-13-218 . (B) If the court imposes a condition under subdivision (d)(1)(A), then the defendant must demonstrate compliance with the condition by submitting proof of ignition interlock installation to the district attorney general's office within ten (10) days of being released on bail. Proof of compliance may be submitted electronically. If the court determines the defendant is indigent, the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . (C) If the court does not require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device, then the court shall include in its order written findings on why the requirement would not be in the best interest of justice and public safety. (2) If the defendant is charged with an offense listed in subdivision (d)(1) and has one (1) or more prior convictions for any of the listed offenses and is not subject to the requirements of subsection (f), then the court shall also consider the use of special conditions for the defendant, including the following: (A) The use of transdermal monitoring devices or other alternative alcohol monitoring devices. If the court orders the use of a monitoring device on or after July 1, 2016, and determines the defendant is indigent, then the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; or (C) Pretrial residency in an in-patient alcohol or drug rehabilitation center. (3) As used in this subsection (d), "court" includes any person authorized by § 40-11-106 to take bail. (e) After an inquiry pursuant to § 40-7-123 into the citizenship status of a defendant who is arrested for causing a traffic accident resulting in either the death or serious bodily injury, as defined in § 55-50-502 , of another while driving without a valid driver license and evidence of financial responsibility as required by § 55-12-139 , if it is determined that the defendant is not lawfully present in the United States, when determining the amount of bail, the defendant may be deemed a risk of flight. (f) (1) (A) If the judge or magistrate determines that a person charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 on or after July 1, 2015, has a prior alcohol-related conviction, the use of a transdermal monitoring device shall be a condition of the person's bail agreement. (B) If a person is charged with a third or subsequent offense of driving under the influence of an intoxicant under § 55-10-401 and the alleged offense involved the use of alcohol, then the judge or magistrate shall order the person, upon release on bail, to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events, unless the person's criminal case is resolved prior to the completion of the ninety-day period. (2) All expenses associated with a person being subject to a transdermal monitoring device as a condition of bail shall be paid by that person. If the person believes there are legitimate medical reasons why the person is unable to be subject to the order, those reasons may be presented at the person's first appearance before a general sessions court judge or judge of a court of record. After hearing from the person subject to monitoring, the judge may waive, modify, or affirm an order requiring that person to be subject to transdermal monitoring. (3) The offender shall choose an entity from a list approved by the court to provide, administer, and monitor the transdermal device ordered as a condition of bail. However, any entity placed on the approved list must have the ability to monitor the person's device on a daily basis and report any violation to the court having jurisdiction over the person's case by no later than the business day next following the violation. The person on bail shall remain subject to transdermal monitoring for the duration of the time the person is released on bail, unless the judge or magistrate specifically provides otherwise. (4) If the report from the transdermal monitoring entity to the judge indicates that the person being monitored violated the conditions of release, the judge may issue a capias for the person's arrest for violation of bond conditions. (5) As used in this subsection (f): (A) "Alcohol-related conviction" means the person has been convicted prior to the instant conviction of a violation of § 39-13-213(a)(2) , § 39-13-106 , § 39-13-218 , or § 55-10-401 ; and (B) "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (g) (1) Except as provided in subdivision (g)(2), if a person is required as a condition of bond to submit to transdermal monitoring, global positioning monitoring, as defined in § 40-11-152 , or other alternative monitoring, it is a Class B misdemeanor: (A) For that person to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the person in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (g)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the person has violated any bond condition ordered by the court, then the entity monitoring the device shall promptly give notice of the violation to the court with jurisdiction over the person and the surety of the person's bail bond. (4) The court shall take such action as the case may require, including, but not limited to, the revocation of bail. Additionally, the violation also constitutes grounds for surrender under § 40-11-132 . Amended by 2024 Tenn. Acts, ch. 1063,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 874,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 869,s 1, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 6, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 116, s 4, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1134, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1134, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 999, s 1, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 993, s 10, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 876, s 4, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 490, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 490, s 1, eff. 7/1/2015. Acts 1978, ch. 506, § 18; 1982, ch. 620, § 1; T.C.A., § 40-1218; Acts 1992, ch. 946, § 1; 1996, ch. 851, § 1; 2010 , ch. 867, § 1; 2011 , ch. 487, §§ 1, 2; 2012 , ch. 1011, § 1.
(a) (1) Any defendant for whom bail has been set may execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bail. The clerk may accept a deposit by means of a debit card or mobile cash application and, if the clerk accepts such methods of payment, may charge a fee to pay for any cost charged to the clerk for accepting the applicable method of payment. (2) Upon depositing this sum, the defendant shall be released from custody subject to the conditions of the bail bond. Bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required.
(1) Any defendant for whom bail has been set may execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bail. The clerk may accept a deposit by means of a debit card or mobile cash application and, if the clerk accepts such methods of payment, may charge a fee to pay for any cost charged to the clerk for accepting the applicable method of payment.
(2) Upon depositing this sum, the defendant shall be released from custody subject to the conditions of the bail bond. Bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required.
(b) In determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, the magistrate shall consider the following: (1) The defendant's length of residence in the community; (2) The defendant's employment status and history and financial condition; provided, that, the defendant's ability to pay shall not be considered; (3) The defendant's family ties and relationships; (4) The defendant's reputation, character and mental condition; (5) The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings; (6) The nature of the offense and the apparent probability of conviction and the likely sentence; (7) The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community; (8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and (9) Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state.
(1) The defendant's length of residence in the community;
(2) The defendant's employment status and history and financial condition; provided, that, the defendant's ability to pay shall not be considered;
(3) The defendant's family ties and relationships;
(4) The defendant's reputation, character and mental condition;
(5) The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings;
(6) The nature of the offense and the apparent probability of conviction and the likely sentence;
(7) The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community;
(8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and
(9) Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state.
(c) (1) Whenever a court's judgment includes the requirement that the defendant pay a fine or cost, the court may require that the payment of the fine or cost be secured by surety bond or other appropriate undertaking if such defendant has a history of past due fines and costs. A parent, guardian or other responsible party may be permitted to act as surety in order to guarantee the payment of the fine or cost. (2) Notwithstanding any other provision of law to the contrary, unless the surety executes a bond or agreement which specifically makes the surety liable for the fine, cost, or restitution, no surety shall be held liable for the fine, cost or restitution without the surety's consent.
(1) Whenever a court's judgment includes the requirement that the defendant pay a fine or cost, the court may require that the payment of the fine or cost be secured by surety bond or other appropriate undertaking if such defendant has a history of past due fines and costs. A parent, guardian or other responsible party may be permitted to act as surety in order to guarantee the payment of the fine or cost.
(2) Notwithstanding any other provision of law to the contrary, unless the surety executes a bond or agreement which specifically makes the surety liable for the fine, cost, or restitution, no surety shall be held liable for the fine, cost or restitution without the surety's consent.
(d) (1) (A) Unless the court determines that the requirement would not be in the best interest of justice and public safety, when the court is determining the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant, under § 55-10-401 , vehicular assault, under § 39-13-106 , aggravated vehicular assault, under § 39-13-115 , vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , and the alleged offense involved the use of alcohol, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of the alleged offense; (iii) The defendant's driver license has previously been suspended for a violation of § 55-10-406 ; or (iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205 ; (b) Reckless endangerment, under § 39-13-103 ; (c) Driving under the influence of an intoxicant, under § 55-10-401 ; (d) Vehicular assault, under § 39-13-106 ; (e) Aggravated vehicular assault, under § 39-13-115 ; (f) Vehicular homicide, under § 39-13-213(a)(2) ; or (g) Aggravated vehicular homicide, under § 39-13-218 . (B) If the court imposes a condition under subdivision (d)(1)(A), then the defendant must demonstrate compliance with the condition by submitting proof of ignition interlock installation to the district attorney general's office within ten (10) days of being released on bail. Proof of compliance may be submitted electronically. If the court determines the defendant is indigent, the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . (C) If the court does not require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device, then the court shall include in its order written findings on why the requirement would not be in the best interest of justice and public safety. (2) If the defendant is charged with an offense listed in subdivision (d)(1) and has one (1) or more prior convictions for any of the listed offenses and is not subject to the requirements of subsection (f), then the court shall also consider the use of special conditions for the defendant, including the following: (A) The use of transdermal monitoring devices or other alternative alcohol monitoring devices. If the court orders the use of a monitoring device on or after July 1, 2016, and determines the defendant is indigent, then the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; or (C) Pretrial residency in an in-patient alcohol or drug rehabilitation center. (3) As used in this subsection (d), "court" includes any person authorized by § 40-11-106 to take bail.
(1) (A) Unless the court determines that the requirement would not be in the best interest of justice and public safety, when the court is determining the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant, under § 55-10-401 , vehicular assault, under § 39-13-106 , aggravated vehicular assault, under § 39-13-115 , vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , and the alleged offense involved the use of alcohol, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of the alleged offense; (iii) The defendant's driver license has previously been suspended for a violation of § 55-10-406 ; or (iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205 ; (b) Reckless endangerment, under § 39-13-103 ; (c) Driving under the influence of an intoxicant, under § 55-10-401 ; (d) Vehicular assault, under § 39-13-106 ; (e) Aggravated vehicular assault, under § 39-13-115 ; (f) Vehicular homicide, under § 39-13-213(a)(2) ; or (g) Aggravated vehicular homicide, under § 39-13-218 . (B) If the court imposes a condition under subdivision (d)(1)(A), then the defendant must demonstrate compliance with the condition by submitting proof of ignition interlock installation to the district attorney general's office within ten (10) days of being released on bail. Proof of compliance may be submitted electronically. If the court determines the defendant is indigent, the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . (C) If the court does not require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device, then the court shall include in its order written findings on why the requirement would not be in the best interest of justice and public safety.
(A) Unless the court determines that the requirement would not be in the best interest of justice and public safety, when the court is determining the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant, under § 55-10-401 , vehicular assault, under § 39-13-106 , aggravated vehicular assault, under § 39-13-115 , vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , and the alleged offense involved the use of alcohol, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of the alleged offense; (iii) The defendant's driver license has previously been suspended for a violation of § 55-10-406 ; or (iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205 ; (b) Reckless endangerment, under § 39-13-103 ; (c) Driving under the influence of an intoxicant, under § 55-10-401 ; (d) Vehicular assault, under § 39-13-106 ; (e) Aggravated vehicular assault, under § 39-13-115 ; (f) Vehicular homicide, under § 39-13-213(a)(2) ; or (g) Aggravated vehicular homicide, under § 39-13-218 .
(i) The offense resulted in a collision involving property damage;
(ii) A minor was present in the vehicle at the time of the alleged offense;
(iii) The defendant's driver license has previously been suspended for a violation of § 55-10-406 ; or
(iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205 ; (b) Reckless endangerment, under § 39-13-103 ; (c) Driving under the influence of an intoxicant, under § 55-10-401 ; (d) Vehicular assault, under § 39-13-106 ; (e) Aggravated vehicular assault, under § 39-13-115 ; (f) Vehicular homicide, under § 39-13-213(a)(2) ; or (g) Aggravated vehicular homicide, under § 39-13-218 .
(a) Reckless driving, under § 55-10-205 ;
(b) Reckless endangerment, under § 39-13-103 ;
(c) Driving under the influence of an intoxicant, under § 55-10-401 ;
(d) Vehicular assault, under § 39-13-106 ;
(e) Aggravated vehicular assault, under § 39-13-115 ;
(f) Vehicular homicide, under § 39-13-213(a)(2) ; or
(g) Aggravated vehicular homicide, under § 39-13-218 .
(B) If the court imposes a condition under subdivision (d)(1)(A), then the defendant must demonstrate compliance with the condition by submitting proof of ignition interlock installation to the district attorney general's office within ten (10) days of being released on bail. Proof of compliance may be submitted electronically. If the court determines the defendant is indigent, the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 .
(C) If the court does not require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device, then the court shall include in its order written findings on why the requirement would not be in the best interest of justice and public safety.
(2) If the defendant is charged with an offense listed in subdivision (d)(1) and has one (1) or more prior convictions for any of the listed offenses and is not subject to the requirements of subsection (f), then the court shall also consider the use of special conditions for the defendant, including the following: (A) The use of transdermal monitoring devices or other alternative alcohol monitoring devices. If the court orders the use of a monitoring device on or after July 1, 2016, and determines the defendant is indigent, then the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; or (C) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
(A) The use of transdermal monitoring devices or other alternative alcohol monitoring devices. If the court orders the use of a monitoring device on or after July 1, 2016, and determines the defendant is indigent, then the court shall order the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ;
(B) The use of electronic monitoring with random alcohol or drug testing; or
(C) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
(3) As used in this subsection (d), "court" includes any person authorized by § 40-11-106 to take bail.
(e) After an inquiry pursuant to § 40-7-123 into the citizenship status of a defendant who is arrested for causing a traffic accident resulting in either the death or serious bodily injury, as defined in § 55-50-502 , of another while driving without a valid driver license and evidence of financial responsibility as required by § 55-12-139 , if it is determined that the defendant is not lawfully present in the United States, when determining the amount of bail, the defendant may be deemed a risk of flight.
(f) (1) (A) If the judge or magistrate determines that a person charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 on or after July 1, 2015, has a prior alcohol-related conviction, the use of a transdermal monitoring device shall be a condition of the person's bail agreement. (B) If a person is charged with a third or subsequent offense of driving under the influence of an intoxicant under § 55-10-401 and the alleged offense involved the use of alcohol, then the judge or magistrate shall order the person, upon release on bail, to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events, unless the person's criminal case is resolved prior to the completion of the ninety-day period. (2) All expenses associated with a person being subject to a transdermal monitoring device as a condition of bail shall be paid by that person. If the person believes there are legitimate medical reasons why the person is unable to be subject to the order, those reasons may be presented at the person's first appearance before a general sessions court judge or judge of a court of record. After hearing from the person subject to monitoring, the judge may waive, modify, or affirm an order requiring that person to be subject to transdermal monitoring. (3) The offender shall choose an entity from a list approved by the court to provide, administer, and monitor the transdermal device ordered as a condition of bail. However, any entity placed on the approved list must have the ability to monitor the person's device on a daily basis and report any violation to the court having jurisdiction over the person's case by no later than the business day next following the violation. The person on bail shall remain subject to transdermal monitoring for the duration of the time the person is released on bail, unless the judge or magistrate specifically provides otherwise. (4) If the report from the transdermal monitoring entity to the judge indicates that the person being monitored violated the conditions of release, the judge may issue a capias for the person's arrest for violation of bond conditions. (5) As used in this subsection (f): (A) "Alcohol-related conviction" means the person has been convicted prior to the instant conviction of a violation of § 39-13-213(a)(2) , § 39-13-106 , § 39-13-218 , or § 55-10-401 ; and (B) "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(1) (A) If the judge or magistrate determines that a person charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 on or after July 1, 2015, has a prior alcohol-related conviction, the use of a transdermal monitoring device shall be a condition of the person's bail agreement. (B) If a person is charged with a third or subsequent offense of driving under the influence of an intoxicant under § 55-10-401 and the alleged offense involved the use of alcohol, then the judge or magistrate shall order the person, upon release on bail, to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events, unless the person's criminal case is resolved prior to the completion of the ninety-day period.
(A) If the judge or magistrate determines that a person charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 on or after July 1, 2015, has a prior alcohol-related conviction, the use of a transdermal monitoring device shall be a condition of the person's bail agreement.
(B) If a person is charged with a third or subsequent offense of driving under the influence of an intoxicant under § 55-10-401 and the alleged offense involved the use of alcohol, then the judge or magistrate shall order the person, upon release on bail, to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events, unless the person's criminal case is resolved prior to the completion of the ninety-day period.
(2) All expenses associated with a person being subject to a transdermal monitoring device as a condition of bail shall be paid by that person. If the person believes there are legitimate medical reasons why the person is unable to be subject to the order, those reasons may be presented at the person's first appearance before a general sessions court judge or judge of a court of record. After hearing from the person subject to monitoring, the judge may waive, modify, or affirm an order requiring that person to be subject to transdermal monitoring.
(3) The offender shall choose an entity from a list approved by the court to provide, administer, and monitor the transdermal device ordered as a condition of bail. However, any entity placed on the approved list must have the ability to monitor the person's device on a daily basis and report any violation to the court having jurisdiction over the person's case by no later than the business day next following the violation. The person on bail shall remain subject to transdermal monitoring for the duration of the time the person is released on bail, unless the judge or magistrate specifically provides otherwise.
(4) If the report from the transdermal monitoring entity to the judge indicates that the person being monitored violated the conditions of release, the judge may issue a capias for the person's arrest for violation of bond conditions.
(5) As used in this subsection (f): (A) "Alcohol-related conviction" means the person has been convicted prior to the instant conviction of a violation of § 39-13-213(a)(2) , § 39-13-106 , § 39-13-218 , or § 55-10-401 ; and (B) "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(A) "Alcohol-related conviction" means the person has been convicted prior to the instant conviction of a violation of § 39-13-213(a)(2) , § 39-13-106 , § 39-13-218 , or § 55-10-401 ; and
(B) "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(g) (1) Except as provided in subdivision (g)(2), if a person is required as a condition of bond to submit to transdermal monitoring, global positioning monitoring, as defined in § 40-11-152 , or other alternative monitoring, it is a Class B misdemeanor: (A) For that person to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the person in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (g)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the person has violated any bond condition ordered by the court, then the entity monitoring the device shall promptly give notice of the violation to the court with jurisdiction over the person and the surety of the person's bail bond. (4) The court shall take such action as the case may require, including, but not limited to, the revocation of bail. Additionally, the violation also constitutes grounds for surrender under § 40-11-132 .
(1) Except as provided in subdivision (g)(2), if a person is required as a condition of bond to submit to transdermal monitoring, global positioning monitoring, as defined in § 40-11-152 , or other alternative monitoring, it is a Class B misdemeanor: (A) For that person to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the person in tampering with, removing, or vandalizing a monitoring device.
(A) For that person to knowingly tamper with, remove, or vandalize the monitoring device; or
(B) For any person to knowingly aid, abet, or assist the person in tampering with, removing, or vandalizing a monitoring device.
(2) If a person violates subdivision (g)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 .
(3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the person has violated any bond condition ordered by the court, then the entity monitoring the device shall promptly give notice of the violation to the court with jurisdiction over the person and the surety of the person's bail bond.
(4) The court shall take such action as the case may require, including, but not limited to, the revocation of bail. Additionally, the violation also constitutes grounds for surrender under § 40-11-132 .
Amended by 2024 Tenn. Acts, ch. 1063,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 874,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 869,s 1, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 6, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 116, s 4, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1134, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1134, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 999, s 1, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 993, s 10, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 876, s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 490, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 490, s 1, eff. 7/1/2015.
Acts 1978, ch. 506, § 18; 1982, ch. 620, § 1; T.C.A., § 40-1218; Acts 1992, ch. 946, § 1; 1996, ch. 851, § 1; 2010 , ch. 867, § 1; 2011 , ch. 487, §§ 1, 2; 2012 , ch. 1011, § 1.
Tenn. Code Ann. § 40-6-303 — TN Code / Title 40 / Chapter 6 / Section 40-6-303
Definitions
Status: in_force

As used in this part and §§ 39-13-601 - [former] 39-13-603 [repealed], unless the context otherwise requires: (1) "Actual damages" means damages given as compensation; damages given as an equivalent for the injury done; damages in satisfaction of, or in recompense for, loss or injury sustained; those damages awarded to a person as compensation, indemnity, or restitution for harm sustained by the person; (2) "Aggrieved person" means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed; (3) "Attorney general and reporter" means the attorney general and reporter of Tennessee; (4) "Contents," when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication; (5) "Court of record" means any circuit or criminal court in the state of Tennessee; (6) "District attorney general" means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under § 40-6-305 , or the judicial district where the interception of communications is to occur; (7) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include: (A) Any wire or oral communication; (B) Any communication made through a tone-only paging device; or (C) Any communication from a "tracking device" as defined in 18 U.S.C. § 3117 ; (8) "Electronic communications service" means any service which provides to users of the service the ability to send or receive wire or electronic communications; (9) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic service in the ordinary course of business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business; or (iii) Being used by an investigative or law enforcement officer in the ordinary course of that officer's duties; (B) A hearing aid or similar device being used to correct sub-normal hearing to not better than normal; (10) "Electronic storage" means: (A) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and (B) Any storage of communication by an electronic communication service for purposes of backup protection of that communication; (11) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device; (12) "Investigative or law enforcement officer" means: (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census: (i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the Tennessee peace officer standards and training commission or the Tennessee bureau of investigation; or (ii) Any attorney authorized by law to prosecute those offenses; and (B) In all other counties: (i) An agent of the Tennessee bureau of investigation, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the bureau; or (ii) Any attorney authorized by law to prosecute those offenses; (13) "Judge of competent jurisdiction" means a judge presiding over any court of record as defined in this part and §§ 39-13-601 - [former] 39-13-603 [repealed] in the state of Tennessee; (14) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication; (15) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but "pen register" does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business; (16) "Provider of wire or electronic communications service" means an entity which holds itself out to the public as engaged in the business of transmitting messages through the use of wire communication or electronic communication, as both terms are defined in this section; (17) "Readily accessible to the general public" means, with respect to a radio communication, that the communication is not: (A) Scrambled or encrypted; (B) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communications; (C) Carried on a subcarrier or other signal subsidiary to a radio transmission; or (D) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; (18) "Recorded device" means the tangible medium upon which sounds and/or images are recorded or otherwise stored, which includes any original phonograph record, disk, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds and/or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original; and (19) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications. Acts 1994, ch. 964, § 3; 1996, ch. 903, § 1; 2006, ch. 777, § 1; 2009 , ch. 440, §§ 1, 2.
As used in this part and §§ 39-13-601 - [former] 39-13-603 [repealed], unless the context otherwise requires:
(1) "Actual damages" means damages given as compensation; damages given as an equivalent for the injury done; damages in satisfaction of, or in recompense for, loss or injury sustained; those damages awarded to a person as compensation, indemnity, or restitution for harm sustained by the person;
(2) "Aggrieved person" means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed;
(3) "Attorney general and reporter" means the attorney general and reporter of Tennessee;
(4) "Contents," when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication;
(5) "Court of record" means any circuit or criminal court in the state of Tennessee;
(6) "District attorney general" means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under § 40-6-305 , or the judicial district where the interception of communications is to occur;
(7) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include: (A) Any wire or oral communication; (B) Any communication made through a tone-only paging device; or (C) Any communication from a "tracking device" as defined in 18 U.S.C. § 3117 ;
(A) Any wire or oral communication;
(B) Any communication made through a tone-only paging device; or
(C) Any communication from a "tracking device" as defined in 18 U.S.C. § 3117 ;
(8) "Electronic communications service" means any service which provides to users of the service the ability to send or receive wire or electronic communications;
(9) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic service in the ordinary course of business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business; or (iii) Being used by an investigative or law enforcement officer in the ordinary course of that officer's duties; (B) A hearing aid or similar device being used to correct sub-normal hearing to not better than normal;
(A) Any telephone or telegraph instrument, equipment or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic service in the ordinary course of business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business; or (iii) Being used by an investigative or law enforcement officer in the ordinary course of that officer's duties;
(i) Furnished to the subscriber or user by a provider of wire or electronic service in the ordinary course of business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business;
(ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business; or
(iii) Being used by an investigative or law enforcement officer in the ordinary course of that officer's duties;
(B) A hearing aid or similar device being used to correct sub-normal hearing to not better than normal;
(10) "Electronic storage" means: (A) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and (B) Any storage of communication by an electronic communication service for purposes of backup protection of that communication;
(A) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and
(B) Any storage of communication by an electronic communication service for purposes of backup protection of that communication;
(11) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device;
(12) "Investigative or law enforcement officer" means: (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census: (i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the Tennessee peace officer standards and training commission or the Tennessee bureau of investigation; or (ii) Any attorney authorized by law to prosecute those offenses; and (B) In all other counties: (i) An agent of the Tennessee bureau of investigation, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the bureau; or (ii) Any attorney authorized by law to prosecute those offenses;
(A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census: (i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the Tennessee peace officer standards and training commission or the Tennessee bureau of investigation; or (ii) Any attorney authorized by law to prosecute those offenses; and
(i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the Tennessee peace officer standards and training commission or the Tennessee bureau of investigation; or
(a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and
(b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the Tennessee peace officer standards and training commission or the Tennessee bureau of investigation; or
(ii) Any attorney authorized by law to prosecute those offenses; and
(B) In all other counties: (i) An agent of the Tennessee bureau of investigation, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the bureau; or (ii) Any attorney authorized by law to prosecute those offenses;
(i) An agent of the Tennessee bureau of investigation, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and (b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the bureau; or
(a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305 ; and
(b) Has successfully completed a training course on the interception and use of wire, oral and electronic communications approved by the bureau; or
(ii) Any attorney authorized by law to prosecute those offenses;
(13) "Judge of competent jurisdiction" means a judge presiding over any court of record as defined in this part and §§ 39-13-601 - [former] 39-13-603 [repealed] in the state of Tennessee;
(14) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication;
(15) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but "pen register" does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(16) "Provider of wire or electronic communications service" means an entity which holds itself out to the public as engaged in the business of transmitting messages through the use of wire communication or electronic communication, as both terms are defined in this section;
(17) "Readily accessible to the general public" means, with respect to a radio communication, that the communication is not: (A) Scrambled or encrypted; (B) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communications; (C) Carried on a subcarrier or other signal subsidiary to a radio transmission; or (D) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication;
(A) Scrambled or encrypted;
(B) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communications;
(C) Carried on a subcarrier or other signal subsidiary to a radio transmission; or
(D) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication;
(18) "Recorded device" means the tangible medium upon which sounds and/or images are recorded or otherwise stored, which includes any original phonograph record, disk, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds and/or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original; and
(19) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications.
Acts 1994, ch. 964, § 3; 1996, ch. 903, § 1; 2006, ch. 777, § 1; 2009 , ch. 440, §§ 1, 2.
Tenn. Code Ann. § 40-35-107 — TN Code / Title 40 / Chapter 35 / Section 40-35-107
Persistent offender
Status: in_force

(a) A persistent offender is a defendant who has received: (1) Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or (2) At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony. (b) In determining the number of prior convictions a defendant has received: (1) Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (c) A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III. (d) The finding that a defendant is or is not a persistent offender is appealable by either party. Amended by 2021 Tenn. Acts, ch. 545, s 11, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 3; 2009 , ch. 603, § 2; 2010 , ch. 861, § 2.
(a) A persistent offender is a defendant who has received: (1) Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or (2) At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.
(1) Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or
(2) At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.
(b) In determining the number of prior convictions a defendant has received: (1) Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(1) Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
(2) All prior felony convictions, including those occurring prior to November 1, 1989, are included;
(3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court;
(B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
(5) Prior convictions includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(c) A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III.
(d) The finding that a defendant is or is not a persistent offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 11, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 3; 2009 , ch. 603, § 2; 2010 , ch. 861, § 2.
Tenn. Code Ann. § 40-6-202 — TN Code / Title 40 / Chapter 6 / Section 40-6-202
Power of magistrates
Status: in_force

For the apprehension of persons charged with public offenses, magistrates are authorized within their jurisdiction, to issue warrants of arrest, under the rules and regulations prescribed in this part. Code 1858, § 5019; Shan., § 6978; Code 1932, § 11517; T.C.A. (orig. ed.), § 40-701.
For the apprehension of persons charged with public offenses, magistrates are authorized within their jurisdiction, to issue warrants of arrest, under the rules and regulations prescribed in this part.
Code 1858, § 5019; Shan., § 6978; Code 1932, § 11517; T.C.A. (orig. ed.), § 40-701.