HB 629 – SB 1186 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 17, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 HB 629 – SB 1186 SUMMARY OF BILL: Authorizes a juvenile court to order a child who is accused of being delinquent or unruly and has been released prior to a hearing to wear a global positioning monitoring system (GPS) device. Requires the entity operating the GPS system to notify the probation officer or other entity ordered to take charge of the child if the child violates the instructions issued by the court upon release. Requires students who are expelled for committing a zero-tolerance offense for threatening mass violence on school property or at a school-related activity to undergo counseling and a mental health evaluation before returning to school. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: Global Positioning Monitoring Systems: • Pursuant to Tenn. Code Ann. § 37-1-128(a)(1), when a child who is alleged to be delinquent or unruly is brought to court, the court may order a probation officer, the Department of Children’s Services (DCS), or any other such persons or agencies available to the court to monitor the child. • The proposed legislation authorizes a juvenile court to require the child to wear a GPS device while awaiting further hearing. If the child violates the release conditions, the entity that operates the GPS system must notify the appointed person or entity of the violation. • According to DCS, a judge is currently authorized to order the department to monitor a child. Additionally, the existing contract between DCS and their GPS vendor requires the vendor to notify the department if a child violates release conditions. The DCS typically pays for the monitoring for children in the department’s custody. The local government or private parties typically pay the costs for other children ordered to wear a monitor. • It is assumed that the proposed legislation codifies existing practices. It is not expected to increase the total number of children ordered to wear a GPS monitor. • Therefore, any fiscal impacts to state or local governments related to paying monitoring costs for children are estimated to be not significant. Mental Health Evaluations: • Pursuant to Tenn. Code Ann. §§ 49-6-3401(g)(2)(D) and (g)(5), threatening to commit an act of mass violence on school property or at a school sponsored event is a zero-tolerance offense that may result in the student being suspended or expelled. HB 629 – SB 1186 2 • The proposed legislation requires the director of schools or the head of a public charter school to require a student who was expelled for the offense to undergo counseling and a mental health evaluation to determine whether the student is a danger to themselves or others before returning to school. The student’s parents, or the student if 18 years of age or older, are responsible for the cost of the counseling and mental health evaluation. • The precise cost of any subsequent counseling is not known and could vary significantly depending on the patient’s needs; however, any fiscal impact related to mental health evaluations and counseling will be borne by private parties. • It is assumed that some families may not be able to cover the cost of an evaluation or any subsequent counseling. • The legislation stipulates that the requirement is a pre-condition for returning to school. It does not, however, establish any further penalties for an individual that does not undergo an evaluation or counseling. • It is therefore assumed that those individuals and families who desire to return to school will complete the requirements at their own expense. Those that do not desire to return to school, or cannot find a way to pay for the mental health care, will not complete the requirement and will not return to school. • Any fiscal impacts to state or local government entities related to the costs of mental health evaluations and counseling is therefore estimated to be not significant. • Directors of schools can comply with the requirements in the normal course of their professional duties. • Any fiscal impact to state or local government is estimated to be not significant. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director