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Back to SB 254
Tennessee General Assembly· SB 254Signed by Governor.

Criminal Procedure - As enacted, requires a defendant who is ordered to wear a transdermal monitoring device or alternative device, including other alternative alcohol or drug monitoring device, or global positioning mon, the official text

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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
SB254

                   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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SB254
          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

                         ~M ~L~,\.u

                         \             RAND\.McNALLY

                            SPEAKER OF Tik SENATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

~ APPROVED this 2:J.~ day of           2026

         ~u~-
                   BILL LEE, GOVERNOR
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