§ 40-11-115 — Release on recognizance or unsecured bond - Imposition of least restrictive conditions of release - Factors considered

Tennessee § 40-11-115

• Jurisdiction: Tennessee
• Title: 40

Text

(a) (1) Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial: (A) On the person's personal recognizance; (B) Upon the execution of an unsecured appearance bond in an amount specified by the magistrate; or (C) With conditions of release, pursuant to this section and § 40-11-116 , which may include the deposit of bail. (2) In making a determination pursuant to subdivision (a)(1), the magistrate shall give first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community. (b) In determining under subsection (a) whether or not a defendant shall be released, and if so, the least restrictive conditions of release that will reasonably ensure the appearance of the defendant as required and the safety of the community, the magistrate must consider any available results of a validated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. In making this determination, the magistrate may also consider: (1) The defendant's length of residence in the community; (2) The defendant's employment status; (3) The defendant's prior criminal record, including prior releases on recognizance or bail; (4) Whether, at the time of being charged with the offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense; (5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance and the safety of the community; (6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and (7) Any other factors indicating the defendant's ties to the community or bearing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state. (c) Any person charged only with a violation of § 55-50-504 whose driving privilege was cancelled, suspended, or revoked under § 40-24-105 solely because of a failure to pay litigation taxes, court costs, or fines assessed as a result of the disposition of any offense under the criminal laws of this state, and who does not have a prior conviction for failure to appear under § 39-16-609 within the previous ten (10) years, must be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. (d) Notwithstanding subsection (a), a person charged with any of the following offenses shall not be released on their own recognizance without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges: (1) A Class A felony; (2) A Class B felony; (3) Aggravated assault, as defined in § 39-13-102 ; (4) Aggravated assault against a law enforcement officer or first responder, as defined in § 39-13-116 ; or (5) Domestic assault, as defined in § 39-13-111 , if the violation is a felony offense. (e) A defendant charged with a violation of § 39-13-102 or § 39-13-116 that involves strangulation of the victim shall not be released on the defendant's personal recognizance or upon execution of an unsecured bond. The magistrate must require the defendant to post bail to reasonably ensure the appearance of the person as required and the safety of the community, in addition to any other conditions of release imposed.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1063,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 440, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 362, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 409, Secs.s 7, s 8 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 6, eff. 7/1/2021. Acts 1978, ch. 506, § 15; T.C.A., § 40-1215.