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State f/Jennessee
PUBLIC CHAPTER NO. 1051
SENATE BILL NO. 254
By Gardenhire, Rose
Substituted for: House Bill No. 489
By Doggett, Lafferty, Sherrell
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40 and Title 55, relative to
criminal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-118, is amended by redesignating
the current subdivision (f)(5) as subdivision (f)(6) and adding the following as a new subdivision
(f)(5):
(5)(A) A defendant who is ordered to wear a transdermal monitoring device or
alternative device, as defined in§ 55-10-419(a), as a condition of pretrial release, and
who has not been determined by the court to be indigent, is responsible for the
payment of all fees associated with the installation, monitoring, maintenance, and
operation of the device.
(B) A defendant's failure to make a payment within five (5) days after the due
date constitutes nonpayment and may result in termination of device monitoring.
(C) If a defendant fails to pay the costs associated with operating the
defendant's transdermal monitoring device or alternative device, then the qualified
electronic monitoring provider or the government agency providing electronic
monitoring services of defendants must notify the court and the defendant in writing
within five (5) days of the arrearage. The court shall, within ten (10) days of receiving
the qualified electronic monitoring provider's or government agency's notice to the
court, set a show cause hearing to be held within thirty (30) days. The clerk of the
court shall notify the defendant and the qualified electronic monitoring provider, or the
government agency providing electronic monitoring services, of the date and time of
the show cause hearing. The qualified electronic monitoring provider, or the
government agency providing electronic monitoring services, shall not discontinue the
defendant's monitoring before the show cause hearing has been held. At the show
cause hearing, the court may:
(i) Schedule a bond hearing to determine whether to revoke the
defendant's bond and incarcerate the defendant;
(ii) Allow the defendant to immediately bring the payments current and
continue the defendant's pretrial release; or
(iii) Determine whether alternative funding sources are available to pay
the costs associated with operating the defendant's transdermal monitoring
device or alternative 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 transdermal monitoring device or
alternative device.
(D) As used in this subdivision (f)(5), unless a local government entity has
established a fund for the purpose of paying the costs associated with a defendant's
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transdermal monitoring device or alternative device, "alternative funding sources"
does not include the local sheriff's department or other local government entities.
(E) After a show cause hearing has been held pursuant to this subdivision
(f)(5), or if a show cause hearing has not been held within the thirty-day timeframe
required by this subdivision (f)(5), then a qualified electronic monitoring provider, or a
government agency providing electronic monitoring services, is not required to
continue to provide monitoring services pursuant to this section if the qualified
electronic monitoring provider, or government agency providing electronic monitoring
services, is not being compensated in accordance with the court's order for the costs
associated with operating the defendant's transdermal monitoring device or
alternative device.
SECTION 2. Tennessee Code Annotated, Section 40-35-303, is amended by adding the
following as a new subsection:
(s)(1) A defendant who is ordered to wear a transdermal monitoring device or
alternative device, as defined in § 55-10-419(a), as a condition of probation, and who
has not been determined by the court to be indigent, is responsible for payment of all
fees associated with the installation, monitoring, maintenance, and operation of the
device.
(2) A defendant's failure to make a payment within five (5) days after the due
date constitutes nonpayment.
(3)(A) If a defendant fails to pay the costs associated with operating the
. defendant's transdermal monitoring device or alternative device, then the
qualified electronic monitoring provider, or the government agency providing
electronic monitoring services, must provide written notice of the arrearage to:
(i) The supervising probation officer or supervising agency; and
(ii) The defendant.
(B) The notice required under subdivision (s)(3)(A) must be provided
within three (3) business days of the arrearage.
(4) If the defendant does not pay the arrearage within five (5) days of the
issuance of the notice required under subdivision (s)(3)(A), then the qualified
electronic monitoring provider, or the government agency providing electronic
monitoring services, may suspend or terminate monitoring services for the defendant
after providing notice of the pending suspension or termination to the supervising
probation officer.
(5) If monitoring services are suspended or terminated due to nonpayment,
then the supervising probation officer may take any action authorized by law for
violation of a condition of probation.
(6) A qualified electronic monitoring provider, or a government agency
providing monitoring services, is not required to provide monitoring· services without
compensation, and this subsection (s) does not require a provider to subsidize
mo~itoring services ordered by the court.
SECTION 3. Tennessee Code Annotated, Section 40-11-152(n)(1 ), is amended by deleting
"qualified electronic monitoring provider that provides monitoring services" and substituting "qualified
electronic monitoring provider or the government agency that provides monitoring services".
SECTION 4. Tennessee Code Annotated, Section 40-11-152(n)(1 ), is amended by deleting
"notify the qualified electronic monitoring provider," and substituting "notify the qualified electronic
monitoring provider, or the government agency providing electronic monitoring,".
SECTION 5. Tennessee Code Annotated, Section 40-11-152(n)(1), is amended by deleting
"The qualified electronic monitoring provider shall not" and substituting "The qualified electronic
monitoring provider, or the government agency providing:electronic monitoring services, shall not".
SECTION 6. Tennessee Code Annotated, Section 40-11-152(n)(1 ), is amended by deleting
"qualified electronic monitoring provider's" and substituting "qualified. electronic monitoring provider's
or government agency's".
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SECTION 7. Tennessee Code Annotated, Section 40-11-152(n)(2), is amended by deleting
"qualified electronic monitoring provider" wherever it appears and substituting "qualified electronic
monitoring provider, or government agency providing electronic monitoring services,".
SECTION 8. This act takes effect July 1, 2026, the public welfare requiring it.
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SENATE BILL NO. 254
PASSED: April 23, 2026
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\ RAND\.McNALLY
SPEAKER OF Tik SENATE
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
~ APPROVED this 2:J.~ day of 2026
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.