2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 11 - BAIL (§§ 40-11-NEW — 40-11-406) › Part 1 - ADMISSION TO BAIL (§§ 40-11-NEW — 40-11-153) › Section 40-11-118 - Execution and deposit - Bail set no higher than necessary - Factors considered - Bonds and sureties

(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 (1/2) 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.