House Bill 489, also known as Senate Bill 254, proposes amendments to various sections of the Tennessee Code Annotated related to criminal law, specifically focusing on the responsibilities and procedures surrounding electronic monitoring devices for defendants. The bill mandates that defendants ordered to wear a transdermal monitoring device or alternative device as a condition of pretrial release or probation are responsible for all associated costs unless they are deemed indigent. It establishes a framework for handling nonpayment, including a requirement for monitoring providers to notify the court and the defendant of any arrearages, and outlines the procedures for a show cause hearing to address payment issues.
Additionally, the bill includes several amendments to clarify the roles of qualified electronic monitoring providers and government agencies in the monitoring process. It specifies that these entities are not required to provide services without compensation and details the steps to be taken if a defendant fails to make timely payments. The bill also updates language throughout the relevant sections to ensure consistency in referring to both qualified electronic monitoring providers and government agencies. The act is set to take effect upon becoming law, with certain provisions scheduled for implementation on July 1, 2026.
Statutes affected: Introduced: 40-36-105(2), 40-36-105
Amended with HA1070 -- 04/23/2026: 40-36-105(2), 40-36-105, 40-11-118, 40-35-303, 40-11-152(n)(1), 40-11-152, 40-11-152(n)(2)