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PUBLIC CHAPTER NO. 253
SENATE BILL NO. 601
By Rose, Haile, Jackson; Mr. Speaker McNally; Hatcher
Substituted for: House Bill No. 580
By Doggett, Hardaway, White
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, Title 40, Chapter 11, Part 1, is amended by adding
the following as a new section:
40-11-155.
(a) As used in this section, "qualified electronic monitoring provider" and "provider"
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 this state.
(b)(1) An electronic monitoring provider must submit an application petition to the local
government entity in which the provider seeks to operate as a qualified electronic
monitoring provider. The application petition must include:
(A) Proof of the general liability insurance coverage required by
subdivision (c)(1);
(B) One (1) complete set of fingerprints and completed criminal
background checks on each director and employee engaged in the monitoring
of defendants in this state if the provider is contracted to monitor defendants in
this state;
(C) A list of all devices that the qualified electronic monitoring provider
offers and proof that those devices are certified by the federal communications
commission; and
(D) If the provider is contr~cted, or is seeking a contract, to monitor
defendants in this state, proof of the director meeting the education and
experience requirements set forth in subdivision (e)(1).
(2) If the provider's application meets the requirements of subdivision (b)(1 ),
then a local government entity may approve the qualified provider and enter into a
written agreement with the qualified provider. The local government entity shall submit
to the administrative office of the courts a list of qualified and approved providers who
have entered into a written agreement with the local government entity. The
administrative office of the courts shall keep a list of qualified and approved providers
contracted with local government entities on the website of the administrative office of
the courts. Each local government entity must submit updates to the administrative
office of the courts if the status of a qualified electronic monitoring provider changes or
if a new provider is qualified and approved. • •
(c) Each qualified electronic monitoring provider must:
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(1) Maintain general liability insurance coverage of at least one million dollars
($1,000,000) at all times while providing contract services and provide the local
government entity with written documentation of the insurance coverage; and
(2}(A) Except as provided in subdivision (c)(2)(8), have a written agreement
with the local government entity that includes the following:
(i) A clear delineation of responsibilities and services provided
by the qualified electronic monitoring provider, including continuous
monitoring twenty-four (24) hours a day, seven (7) days a week of
defendants assigned to the qualified electronic monitoring provider by
the court;
(ii) Staffing requirements, including minimum staffing levels and
standards for monitoring defendants;
(iii) Written protocols for alert responses and emergencies;
(iv) Default and contract termination procedures; and
(v) A detailed list of fees charged to defendants, including
monitoring installation and equipment fees; or
(8) If the provider is a manufacturer providing only equipment or
software and not providing monitoring services, a written agreement with the
local government entity that includes the following: ••
(i) A clear delineation of responsibilities and services provided
by the provider; and
(ii) Default and contract termination procedures.
(d)(1) A qualified electronic monitoring provider that has entered into an agreement
with a local government entity to monitor defendants in this state has the following
responsibilities:
(A) Providing continuous electronic monitoring twenty-four (24) hours a
day, seven (7) days a week of defendants assigned to the qualified electronic
monitoring provider by the court;
(B) Immediately reporting violations, breaches, and irregularities,
including, but not limited to, unauthorized departure and device tampering,
pursuant to the written protocol required under subdivision (c)(2);
(C) Training all employees to maintain confidentiality and, for those
employees having contact with defendants, to provide accurate information on
the defendant's responsibilities and device instruction;
(D) Maintaining a personnel file for each employee, which includes the
employee's job application, signed confidentiality agreements as required by
this section, training records, criminal justice experience, educational
documentation, and a written notice from the contracting government entity
indicating whether the employee meets the employment criteria based on the
criminal background check;
(E) Executing all court orders pertaining to electronic monitoring;
(F) Prohibiting employees from soliciting defendants for products or
services that would create a conflict of interest;
(G) Notifying the contracting local government entity in writing within
ten (10) days if an owner, director, or employee is charged with, arrested for,
pleads guilty or no contest to, or is convicted of a misdemeanor involving
moral turpitude or a_ felony;
(H) Employing a person as a director who is responsible for the direct
supervision of employees; and
(I) Maintaining accurate, up-to-date, and comprehensive records for
each defendant, including details of the court order, monitoring terms and
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conditions, time-stamped proof of activation, time-stamped location data,
tracking logs, violation reports, device maintenance histories, and
communications with the court system.
(2) The records required by subdivision (d)(1 )(I):
(A) Are subject to audit by the local government entity upon request;
(8) Must be maintained in a secure and confidential manner; and
(C) Must be maintained by the qualified electronic monitoring provider
for a minimum of three (3) years after the defendant is removed from
monitoring.
(3) The responsibilities listed in subdivision (d)(1) do not apply to a qualified
electronic monitoring provider that only provides electronic monitoring equipment or
software to a local government entity; however, if the qualified electronic monitoring
provider begins monitoring defendants pursuant to a contract with the local
government entity, then the requirements of subdivision (c)(2)(A) must be met and the
responsibilities listed in subdivision (d)(1) apply.
(e) Each director of a qualified electronic monitoring services provider must:
(1) Have:
(A) A bachelor's degree from an accredited college or university and
two (2) years of experience in criminal justice or social work; or
(8) A hig.h school diploma and four (4) years of professional
administrative experience With an organization providing services in the field
of criminal justice or social work;
(2) Sign a confidentiality statement agreeing to hold defendant records
confidential;
(3) Be of good moral character and not have been convicted of or pied guilty
or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony
offense within the last ten (10) years unless a pardon has been obtained, or have an
outstanding warrant for the employee's arrest;
(4) Submit to a criminal background check; and
(5) Complete orientation training within six (6) months of beginning operations
and annual in-service training as required by subsection (g).
(f) An employee of a qualified electronic monitoring services provider must:
(1) Be at least eighteen (18) years of age, except that an employee who
interacts with defendants must be at least twenty-one (21) years of age;
(2) Sign a confidentiality statement agreeing to hold defendant records
confidential;
(3) Be of good moral character and not have been convicted of or pied guilty
or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony
offense within the last ten (10) years unless a pardon has been obtained, or have an
outstanding warrant for the employee's arrest;
(~) Submit to a criminal background check;
(5) Complete orientation training within six (6) months of beginning operations
and annual in~service training as required by subsection (g); and •
(6) Sign a statement that is cosigned by the director of the electronic
monitoring services provider and indicates that the employee has received an
orientation on the policies, procedures, and guidelines relevant to the employee's job
duties.
(g) If ~ qualified electronic monitoring provider contracts with a local government
entity to provide monitoring of defendants in this state, then the provider must provide
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training to the director and all employees engaged in the monitoring of defendants in this
state consisting of a minimum of forty (40) hours of orientation training and fifteen (15) hours
of annual in-service training. The training must include:
(1) Orientation to electronic monitoring;
(2) An overview of the types of equipment used for electronic monitoring;
(3) An overview of the criminal justice system;
(4) Instruction on recognizing and reading court orders;
(5) Staff and victim safety issues;
(6) Installing equipment and troubleshooting equipment issues; and
(7) Data entry and familiarization with forms.
(h) Each qualified electronic monitoring provider that provides monitoring services of
defendants in this state shall, when enrolling defendants:
(1) Verify a defendant's identity, the completion of necessary paperwork, and
participant eligibility with the required court documentation prior to enrollment and
issuance of a monitoring device; •
(2) At the time of defendant enrollment, provide defendants with clear
instructions on the terms of monitoring and the defendant's responsibilities and device
care, including charging and tamper detection;
•(3) Ensure that monitoring devices are in.stalled by a professional and securely
attached to the defendant; and
(4) Confirm device activation and proper functionality with a time-stamped
record of activation before the defendant is released.
(i) All qualified electronic monitoring providers must:
(1) Offer customer service to assist law enforcement in case of device issues,
emergencies, or general inquiries;
(2) Offer a responsive system for troubleshooting and resolving device issues,
including device replaceme~t or repair on the event of malfunctions or tampering;
(3) Train support staff to handle technical issues and escalate matters to
supervising authorities as necessary; and
(4) Provide a hotline to report technical problems, device malfunctions, and
emergencies.
0) The following persons shall not own, operate, direct, or serve 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 lead 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 monitoring provide,r operates within the same jurisdiction; or
(3) An owner, operator, or employee of a professional bondsman, as defined
in§ 40-11-301.
(k) All qualified electronic monitoring providers shall provide reports to the local
government entity in such detail and at such time intervals as required by the contracting
local government entity.
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SECTION 2. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subdivision (a)(2) and substituting: •
(2) "Qualified electronic monitoring provider" means a private entity that:
(A) Complies with the requirements of§ 40-11-155; and
l (B) Has a written protocol with the issuing court that designates specific
agencies to receive notifications and alerts as required by subsection (i).
SECTION 3. 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.
SECTION 4. 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 qualified electronic monitoring provider with contact
information for the appropriate emergency communications dispatch center and the
. arresting agency; and •
(2) Order the qualified electronic monitoring provider to notify the appropriate
entities pursuant to the written protocol required under subdivision (a)(2)(B).
SECTION 5. 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 electronic monitoring providers.
SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
subsection (m) and substituting:
(m)(1) A qualified electronic monitoring 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 electronic monitoring 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, court, or law
enforcement officer or agency to a qualified electronic monitoring provider or
manufacturer or provider of the global positioning monitoring system.
SECTION 7. 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 electronic monitoring provider that provides monitoring _services of
defendants shall notify the court and the defendant in writing within five (5) days of
the arrearage.· The court shall, within ten (10) days of the qualified electronic
monitoring provider'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 qualified electronic monitoring
provider, the defendant, and the victim of the date and time of the show cause
hearing. The victim must also be notified of the victim's right to be present and to
pr~sent testimony at the hearing. The qualified electronic monitoring provider shall
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not discontinue the defendant's monitoring or victim alerts before the show cause
hearing has been held. At the show cause hearing, the court may:
(A) Schedule a bond hearing to determine whether to revoke the
defendant's bond and incarcerate the defendant;
(8) 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 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 defen_dant'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) After a show cause hearing has been held pursuant to subdivision ( )(1 ), or
if a show cause hearing has not been held within tt,e thirty-day timeframe required by
subdivision ( )(1 ), a qualified electronic monitoring provider is not required to continue
to provide monitoring services pursuant to this section if the qualified electronic
monitoring 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 8. This act takes effect July 1, 2025, the public welfare requiring it.
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SENATE BILL NO. 601
PASSED: April 14, 2025
RANDY l\ltNALLY
SPEAKER OF THE JENA TE
-~
CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
Jlfli APPROVED this day of Arril 2025
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