TennesseeDefendants must pay monitoring fees before trial or on probation
Starting July 1, 2026, people ordered to wear monitoring devices before trial or on probation must pay the fees if the court has not found them indigent.
What it does
People ordered to wear a monitoring device before trial or on probation must pay its fees if the court has not found them indigent.
Before monitoring can stop over unpaid fees, the court must hold a hearing. It may consider immediate payment, other available funding, or whether to review the person's release.
On probation, a person who remains behind on device fees after written notice may lose monitoring, and the supervising officer may respond under the law.
The law names government monitoring agencies alongside private providers in several court notice procedures.
Argument forFor people on pretrial release, a court could keep monitoring in place by ordering another available funding source to cover unpaid and future costs.
Argument againstPeople who cannot pay device fees could lose monitoring and face a bond review or probation consequences, even if they have not been found indigent.
More detail
A defendant who is not found indigent must pay the fees for an ordered device. This covers transdermal or alternative monitoring devices ordered as a condition of pretrial release or probation. The payment duty applies only if the court has not found the defendant indigent. The law takes effect July 1, 2026.
For pretrial release, a monitoring provider or government agency must notify the court and defendant in writing when device costs are unpaid. These steps apply when a person on pretrial release does not pay costs for an ordered transdermal or alternative device. A payment more than five days past its due date counts as nonpayment. The provider or agency must give notice within five days after the arrearage. The court must set a hearing within ten days after receiving notice, and the hearing must be held within thirty days. Monitoring cannot stop before the hearing. The court may consider a bond hearing, immediate payment, or available alternative funding. Local government funds count only if the local government has established a fund for these costs. After the hearing, or if it is not held within thirty days, monitoring may end if the provider or agency is not paid as the court ordered.
For probation, a monitoring provider or government agency must send written notice of overdue device costs to the defendant and supervising officer or agency. These steps apply to a person on probation who is ordered to wear a transdermal or alternative monitoring device. A payment more than five days past its due date counts as nonpayment. If the defendant does not pay within five days after the notice, monitoring may be suspended or ended after notice to the supervising officer. If monitoring is suspended or ended for nonpayment, the supervising officer may take any action the law allows for a probation violation. A provider or agency need not monitor without payment. Notice of overdue costs is due within three business days. The defendant then has five days from the notice to pay before monitoring may be suspended or ended.
Government agencies that provide electronic monitoring are included alongside private providers in listed court notice procedures. This applies to the listed electronic monitoring procedures in section 40-11-152(n). These provisions take effect July 1, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 27Pub. Ch. 1051Latest
- May 27Effective date(s) 07/01/2026
- May 22Signed by Governor Bill Lee.Became Law
- May 11Transmitted to Governor for action.To Governor
- May 7Signed by H. SpeakerMajor
- Apr 30Enrolled and ready for signaturesMinor
- Apr 30Signed by Senate SpeakerMajor
- Apr 23H. adopted am. 2 (Amendment 2 - HA1070)Major
- Vote recorded FLOOR VOTE: MESSAGE CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/23/2026 Passed. Result: pass.Lower
- Vote recorded FLOOR VOTE: Motion to Concur House Amendment # 2 4/23/2026 Passed. Result: pass.Upper
- Apr 23Passed H., as am., Ayes 90, Nays 0, PNV 0Major
- Apr 23Placed on Senate Message Calendar 3 for 4/23/2026
- Apr 23Concurred, Ayes 26, Nays 3 (Amendment 2 - HA1070)Major
- Apr 22H. Placed on Message Calendar for 4/23/26
- Apr 16Reset on Message cal. for 4/20/2026
- Apr 15Reset on next available Message calendar
- Apr 15H. Placed on Message Calendar for 4/16/2026
- Apr 14Motion to lift from table adopted.
- Apr 14Motion to reconsider adopted.
- Apr 14Reset on next avail. Message cal.
- Apr 14H. Placed on Message Calendar for 4/15/2026
- Apr 13H. Placed on Message Calendar
- Apr 9Senate returned to the House
- Apr 8Requested S. to return.
- Apr 8Enrolled and ready for signaturesMinor
- Apr 6Passed Senate, Ayes 31, Nays 1Passed House
- Vote recorded FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/6/2026 Passed. Result: pass.Lower
- Vote recorded FLOOR VOTE: Third Consideration 4/6/2026 Passed. Result: pass.Upper
- Apr 6Engrossed; ready for transmission to HouseMinor
- Apr 6Subst. for comp. HB.Major
- Apr 6Am. withdrawn. (Amendment 1 - HA0995)Minor
- Apr 6Passed H., Ayes 96, Nays 0, PNV 0Passed Senate
- Apr 6Sponsor(s) Added.Minor
- Apr 2Placed on Senate Regular Calendar for 4/6/2026
- Mar 24Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0
- Vote recorded SENATE JUDICIARY COMMITTEE: Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 3/24/2026 Passed. Result: pass.Upper
- Mar 23Action deferred in Senate Judiciary Committee to 3/24/2026
- Mar 23Placed on Senate Judiciary Committee calendar for 3/24/2026
- Mar 18Placed on Senate Judiciary Committee calendar for 3/23/2026
- Mar 16Reset on Final calendar of Senate Judiciary Committee
- Mar 11Placed on Senate Judiciary Committee calendar for 3/16/2026
- 2025
- Feb 10Passed on Second Consideration, refer to Senate Judiciary CommitteeMinor
- Jan 27Introduced, Passed on First ConsiderationMinor
- Jan 22Filed for introductionIntroduced
Criminal Justice