Tennessee Senate Bill SB2412

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to pretrial release.

Impact

The implementation of SB2412 is projected to significantly affect the landscape of pretrial release in Tennessee, potentially leading to increased compliance and accountability among defendants awaiting trial. By mandating GPS monitoring for certain felony offenses, lawmakers aim to reduce flight risk and enhance public safety. Furthermore, the bill stipulates that defendants will be responsible for the costs associated with the GPS device unless deemed indigent, in which case provisions are made for cost assistance through an electronic monitoring indigency fund. This aspect of the bill raises implications for access to pretrial release for low-income individuals who may struggle with the costs of monitoring.

Summary

Senate Bill 2412 is a legislative measure aimed at amending the Tennessee Code concerning pretrial release practices. Specifically, the bill introduces a requirement for defendants charged with serious felonies, including theft, robbery, and burglary, to wear a global positioning system (GPS) monitoring device when released on personal recognizance or an unsecured bond. This requirement is intended to enhance the monitoring of defendants pending their court appearances, thus potentially mitigating risks associated with their release, particularly in cases involving serious crimes.

Conclusion

SB2412 is set to become effective on July 1, 2024, applying to offenses committed on or after this date. As such, this bill reflects a growing trend in criminal justice reform, aiming to balance the needs for public safety with the rights of defendants awaiting trial. The upcoming discussions and debates will likely continue to focus on its practical implications, potential effectiveness, and overall fairness.

Contention

The key points of contention surrounding SB2412 center around the implications for civil liberties and the financial burden placed on defendants. Opponents might argue that mandatory GPS monitoring could infringe on personal freedoms and lead to potential overreach of government surveillance practices. Additionally, while the bill provides safeguards for indigent defendants, there are concerns regarding the adequacy of the funding for the electronic monitoring indigency fund to support those who cannot afford the costs of monitoring. This raises questions about equity in legal processes and whether indigent defendants will be effectively able to participate in the pretrial release system.