TennesseeSB 0254114th General Assembly (2025-2026)SenateWALLET

AN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40 and Title 55, relative to criminal law.

Sponsored By: Todd Gardenhire (Republican)

Signed by Governor

Criminal Procedure

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Probationers pay monitoring fees or risk violations

Beginning July 1, 2026, probationers ordered to wear transdermal or alternative monitoring devices must pay all device fees. This applies only when the court has not found them indigent, meaning unable to afford payment. Fees cover installation, monitoring, maintenance, and operation; the law sets no dollar amounts. Payment five days overdue counts as nonpayment. The private provider or government agency must send written notice within three business days of the arrearage. Notice goes to the defendant and supervising probation officer or agency. If the debt remains unpaid five days after notice, monitoring may be suspended or ended after the officer is notified. The officer may then take action allowed by law for a probation violation. Providers and agencies do not have to subsidize unpaid monitoring.

Pretrial defendants pay fees with hearing protections

Beginning July 1, 2026, pretrial defendants ordered to wear transdermal or alternative monitoring devices must pay all device fees. This applies only when the court has not found them indigent, meaning unable to afford payment. Fees cover installation, monitoring, maintenance, and operation; the law sets no dollar amounts. Payment five days overdue counts as nonpayment. The provider or government agency must notify the defendant and court in writing within five days of the arrearage. The court must schedule a hearing within 10 days after receiving notice and hold it within 30 days. The clerk must notify the defendant and provider or agency of the hearing date. Monitoring cannot stop for nonpayment before the hearing, unless the 30-day hearing deadline passes. At the hearing, the court may schedule a bond hearing to consider ending release and ordering jail. It may instead allow immediate payment and continued release, or order available funding sources to cover overdue and future costs. Local sheriffs and other local governments are excluded as funding sources unless the local government has a dedicated device-cost fund. After the hearing, or after 30 days without one, unpaid providers or agencies need not continue monitoring. Government monitoring agencies also follow the same notice and related procedures as qualified private providers.

Sponsors & Cosponsors

Sponsor

Todd Gardenhire
Republican • Senate

Cosponsors

Paul Rose
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 388 • No: 5

House vote • 4/23/2026

FLOOR VOTE: MESSAGE CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/23/2026

Yes: 90 • No: 0

Senate vote • 4/23/2026

FLOOR VOTE: Motion to Concur House Amendment # 2 4/23/2026

Yes: 26 • No: 3

Senate vote • 4/6/2026

FLOOR VOTE: Third Consideration 4/6/2026

Yes: 31 • No: 1

House vote • 4/6/2026

FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/6/2026

Yes: 96 • No: 0