Official Summary Text
CONTACT INFORMATION
Present law requires a magistrate to provide to an
alleged victim who participates in a global positioning monitoring system the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates
a
condition of bond to wear a global positioning monitoring system device and pay related costs ("condition of bond"). This bill revises this provision to, instead, require the arresting officer to provide the name and telephone number of the appropriate
e
mergency communications dispatch center and the arresting agency, whom the victim may so call, to an alleged victim.
MAGISTRATE DUTIES
Present law requires a magistrate to order the entity that operates the global positioning monitoring system to noti
fy the designated law enforcement employee and the appropriate emergency communications dispatch center if a defendant violates a condition of bond. This bill revises this provision to, instead, require the magistrate to (i) provide such entity with cont
a
ct information for the appropriate emergency communications dispatch center and the arresting agency, and (ii) order the entity to notify the appropriate entities pursuant to a written protocol.
COUNTY OR MUNICIPALITY DUTIES
Present law requires the glo
bal positioning monitoring of a defendant to be provided by the county or municipality in which the court ordering the monitoring is located and to not be provided by the board of parole. This bill removes this provision.
Present law requires each such
county or municipality to enter into a written agreement with a qualified contract service provider. This bill requires such a county or municipality to enter into such agreement with one or more such providers.
QUALIFIED CONTRACT SERVICE PROVIDER
Pres
ent law provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of th
o
se entities and the entities' employees are in accordance with law and done in good faith and without gross negligence or malice.
This bill adds that a qualified contract service provider has no duty to notify the victim if a defendant violates a conditi
on of bond. A magistrate, court, or law enforcement officer or agency must not transfer or assign, by contract or otherwise, a duty assigned to the magistrate, court, or law enforcement officer or agency to a qualified contract service provider or manufa
c
turer or provider of the global positioning monitoring system.
Under present law, a "qualified contract service provider" means a private or public entity that (i) meets the qualifications of a contract service provider under present law, (ii) has a writ
ten agreement with the issuing court that designates specific persons to receive notifications and alerts, and (iii) maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement e
m
ployee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by law.
This bill revises (iii) above to, instead, require the private or public entity to either maintain or
contract with a company that provides a global positioning monitoring system that has a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the appropriate entities pursuant to the written protocol req
u
ired under this bill.
FAILURE TO PAY
If a defendant fails to pay the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an
electronic receptor device, then this bill requires the qualified contract service provider to notify the court in writing within five days of the arrearage. The court must immediately schedule a show cause hearing to be held within 10 days of the qualif
i
ed contract service provider's notice to the court. At the show cause hearing, the court may do any of the following:
Revoke the defendant's bond and incarcerate the defendant.
Allow the defendant to immediately bring the payments current and continue the defendant's pretrial release.
Determine whether alternative funding sources are available to pay the costs associated with operating the defendant's global positioning monitoring system device and the costs associated with providing the victim with a cellular device application or an electronic receptor device and, if alternative funding sources are available, order the alternative funding sources to pay the arrearages and future costs associated with operating the defendant's global positioning monitoring system device and with providing the victim with a cellular device application or an electronic receptor device. However, unless a local government entity has established a fund for the purpose of paying the costs associated with a defendant's global positioning monitoring system device and the costs associated with providing a victim with a cellular device application or an electronic receptor device, "alternative funding sources" does not include the local sheriff's department or other local government entities.
This bill adds that a qualified contract service provider is not required to continue to provide global positioning monitoring system services if the qualified contract service provider is not being compensated in accordance with the court's
order for the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an electronic receptor device.
ON APRIL 14, 2025, THE SENAT
E ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 601, AS AMENDED.
AMENDMENT #1 retains the present law definition of "q
ualified contract service provider
" and substitutes the term "q
ualified electronic monitoring provider"
for purposes of this bill. This a
mendment defines "q
ualified electronic monitoring provider"
(a "provider") to
mean a private entity that has been qualified and approved by the local government entity where the provider seeks to operate and enters into a written contract or agreement with
the local government entity to supply, maintain, or monitor electronic monitoring devices for defendants under a court order, and includes manufacturers and contracted third-party vendors with employees who provide monitoring services in
Tennessee
.
This
amendment requires a
p
rovider
to
appl
y
to the local government entity in which the provider seeks to operate as a qualified electronic monitoring provider. Th
e application must include proof of insurance in the amount of at least $1,000,000, fingerprints
and criminal background checks for each director and employee
engaged in the monitoring of defendants in
Tennessee, a
list of all devices that the provider offers and proof that those devices are certified by the federal communications commission
,
and
proof that each of the provider's directors meets education and work experience as specified in the full text of this amendment.
If the provider's application meets the requirements of
this amendment,
then a local government entity may approve the quali
fied provider and enter into a written agreement with the qualified provider.
The full text of this amendment specifies contents that must be included in a written agreement between a provider and a local government entity.
The local government entity sh
all submit to the administrative office of the courts
(the "AOC")
a list of qualified and approved providers who have entered into a written agreement with the local government entity. The
AOC
shall keep a list of qualified and approved providers contract
ed with local government entities on
its
website. and approved.
A
p
rovider
,
other than
that only provides electronic monitoring equipment or software to a local government entity
,
that enter
s
into an agreement with a local government entity to monitor
defendants
has
the following responsibilities:
(1
) Providing continuous electronic monitoring 24 hours a day, seven days a week of defendants assigned to the qualified electronic monitoring provider by the court;
(
2
) Immediately reporting violations, breaches, and irregularities, including, but not limited to, unauthorized departure and device tampering, pursuant to the written protocol required under
this amendment
;
(
3
) Training
the director and all
employees
. T
he full text of this amendment describes the required training
;
(
4
) Maintaining a personnel file for each employee
. The full text of this amendment specifies components that must be included in such files;
(5)
Executing all court orders pertaining to
electronic monitoring;
(
6
) Prohibiting employees from soliciting defendants for products or services that would create a conflict of interest;
(
7
) Notifying the contracting local government entity in writing within 10 days if an owner, director, or em
ployee is charged with, arrested for, pleads guilty or no contest to, or is convicted of a misdemeanor involving moral turpitude or a felony;
(
8
) Employing a person as a director who is responsible for the direct supervision of employees;
(
9
) Maintain
ing accurate, up-to-date, and comprehensive records for each defendant.
The records are
subject to audit by the local government entity upon request
; and
(10) Providing reports
in such detail and at such time intervals as required by the contracting loc
al government entity.
When a
provider
enrolls a
defendant
in the provider's monitoring program, the provider is required to verify the defendant's identity, instruct the defendant concerning the defendant's responsibilities, e
nsure
professional installat
ion,
and
c
onfirm device activation and proper functionality.
This amendment requires a
ll providers
to offer customer service to: assist
law enforcement in case of device issues, emergencies, or general inquiries;
o
ffer a responsive system for
troubleshooting and resolving device issues
; and p
rovide a hotline
.
Th
is amendment prohibits th
e following persons
from
own
ing
, operat
ing
, direct
ing
, or serv
ing
as an employee or agent of a qualified electronic monitoring provider:
(1) A person whose
ownership, operation, direction, or role as an employee or agent of the qualified electronic monitoring provider creates a conflict of interest due to a fiduciary, business, or personal relationship with a defendant, or any other relationship that could l
e
ad to undue influence, exploitation, or breach of confidentiality;
(2) A judge, probation or parole officer, court employee, detention or correctional provider employee, or a law enforcement officer, or any spouse thereof, if the qualified electronic mo
nitoring provider operates within the same jurisdiction; or
(3) An owner, operator, or employee of a professional bondsman.
Under this amendment, a show cause hearing to determine whether a defendant's GPS monitoring system should be discontinued for
nonpayment must be held within 30 days of the court's receipt of notice of an arrearage. This amendment specifies that the provider, the defendant, and victim may all participate in the hearing. This amendment further clarifies that a court's decision
t
o
revo
ke
the defendant's bond and incarcerat
e
the defendant
must follow a bond hearing.
After a show cause hearing has been held, or if a show cause hearing has not been held within the thirty-day timeframe, a provider is not required to continue to provi
de monitoring services if the provider is not being compensated in accordance with the court's order for the costs associated with operating the defendant's GPS monitoring system device or the costs associated with providing the victim with a cellular dev
i
ce application or an electronic receptor device.
Current Bill Text
Read the full stored bill text
SENATE BILL 601
By Rose
HOUSE BILL 580
By Doggett
HB0580
001451
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 8;
Title 39; Title 40 and Title 55, Chapter 10, relative
to pretrial release.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subdivision (a)(2) and substituting:
(2) "Qualified contract service provider" means a private or public entity that:
(A) Complies with the requirements of § 55-10-426(b)-(n);
(B) Has a written protocol with the issuing court that designates specific
agencies to receive notifications and alerts as required by subsection (i); and
(C) Maintains or contracts with a company that provides a global
positioning monitoring system that has a monitoring center that is staffed twenty-
four (24) hours a day, seven (7) days a week and capable of immediately
notifying the appropriate entities pursuant to the written protocol required under
subdivision (a)(2)(B).
SECTION 2. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (e) and substituting:
(e) In addition to the information described by subsection (d), the arresting
officer shall provide to an alleged victim who participates in a global positioning
monitoring system under this section the name and telephone number of the appropriate
emergency communications dispatch center and the arresting agency whom the victim
may call to request immediate assistance if the defendant violates a condition of bond
imposed under this section.
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SECTION 3. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (i) and substituting:
(i) The magistrate who imposes a condition described by subsection (b) shall:
(1) Provide the entity that operates the global positioning monitoring
system with contact information for the appropriate emergency communications
dispatch center and the arresting agency; and
(2) Order the entity that operates the global positioning monitoring
system to notify the appropriate entities pursuant to the written protocol required
under subdivision (a)(2)(B).
SECTION 4. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (k) and substituting:
(k) Each county or municipality shall enter into a written agreement with one (1)
or more qualified contract service providers.
SECTION 5. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (m) and substituting:
(m)
(1) A qualified contract service provider and the manufacturer or provider
of the global positioning monitoring system device are not civilly or criminally
liable for injuries or damages resulting from actions of the defendant when the
actions of those entities and the entities' employees are in accordance with this
section and done in good faith and without gross negligence or malice.
(2) A qualified contract service provider has no duty to notify the victim if
a defendant violates a condition of bond imposed under this section.
(3) A magistrate, court, or law enforcement officer or agency shall not
transfer or assign, by contract or otherwise, a duty assigned to the magistrate,
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court, or law enforcement officer or agency to a qualified contract service
provider or manufacturer or provider of the global positioning monitoring system.
SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by adding
the following as a new subsection:
( )
(1) If a defendant fails to pay the costs associated with operating the
defendant's global positioning monitoring system device or the costs associated
with providing the victim with a cellular device application or an electronic
receptor device, then the qualified contract service provider shall notify the court
in writing within five (5) days of the arrearage. The court shall immediately
schedule a show cause hearing to be held within ten (10) days of the qualified
contract service provider's notice to the court. At the show cause hearing, the
court may:
(A) Revoke the defendant's bond and incarcerate the defendant;
(B) Allow the defendant to immediately bring the payments
current and continue the defendant's pretrial release; or
(C)
(i) Determine whether alternative funding sources are
available to pay the costs associated with operating the
defendant's global positioning monitoring system device and the
costs associated with providing the victim with a cellular device
application or an electronic receptor device and, if alternative
funding sources are available, order the alternative funding
sources to pay the arrearages and future costs associated with
operating the defendant's global positioning monitoring system
- 4 - 001451
device and with providing the victim with a cellular device
application or an electronic receptor device.
(ii) As used in this subdivision ( )(1)(C), unless a local
government entity has established a fund for the purpose of
paying the costs associated with a defendant's global positioning
monitoring system device and the costs associated with providing
a victim with a cellular device application or an electronic receptor
device, "alternative funding sources" does not include the local
sheriff's department or other local government entities.
(2) A qualified contract service provider is not required to continue to
provide services pursuant to this section if the qualified contract service provider
is not being compensated in accordance with the court's order for the costs
associated with operating the defendant's global positioning monitoring system
device or the costs associated with providing the victim with a cellular device
application or an electronic receptor device.
SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.