§ 40-11-116 — Conditions on release

Tennessee § 40-11-116

• Jurisdiction: Tennessee
• Title: 40

Text

(a) If a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court. (b) If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions: (1) Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section; (2) Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or (3) Impose any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117 . (c) A person charged with any of the following offenses shall not be released pursuant to subdivision (b)(1) 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. (d) If the magistrate imposes conditions on release of a defendant charged with a Class A, B, C, or D felony and pretrial services are available within the county, then the court shall also require the defendant to participate in pretrial monitoring to ensure that the defendant is complying with the conditions. If the defendant fails to comply with the conditions of release, then the pretrial monitoring agency shall notify the court having jurisdiction of the defendant's failure to comply.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1055,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 362, s 2, eff. 7/1/2023. Acts 1978, ch. 506, § 16; T.C.A., § 40-1216; Acts 2001, ch. 443, §§ 1, 2; 2012 , ch. 727, § 10.