SB 673 - HB 661 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 14, 2025 Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564 SB 673 - HB 661 SUMMARY OF BILL: Requires a judge to sentence a defendant convicted of assault, stalking, aggravated stalking, or especially aggravated stalking to attend an individual counseling program that addresses violence and control issues, including a batterer's intervention program that has been certified by the Domestic Violence State Coordinating Council (the Council). Requires a defendant convicted of domestic assault to complete the full term of an available counseling program that addresses violence and control issues. Removes the exemption that a defendant does not have to complete the program if one is unavailable in the sentencing county. Requires the Council the establish specified standards for batterer’s intervention programs. Requires the Administrative Office of the Courts (AOC) and the Domestic Violence State Coordinating Council to create a continuing education curriculum concerning domestic violence that must be for at least 12 hours each year for all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES General Fund FY25-26 $274,100 FY26-27 & Subsequent Years $262,700 Total Positions Required: 2 Assumptions: Batterer’s Intervention Programs • The proposed legislation requires a judge to sentence a defendant convicted of assault, stalking, aggravated stalking, or especially aggravated stalking to attend an individual counseling program that addresses violence and control issues, including a batterer's intervention program that has been certified by the Domestic Violence State Coordinating Council. • Any additional workload on the courts related to sentencing can be accommodated within existing resources and personnel. • Pursuant to Tenn. Code Ann. § 38-12-110, the Council shall promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse as defined in § 36-3- 601, and shall certify compliance with the regulations. • The proposed legislation requires the Council to prescribe the term of the batterer's intervention programs to meet for a minimum of 26 weeks and not more than 48 weeks. SB 673 - HB 661 2 Each meeting must be at least three hours long. The ratio of participants to intervention counselors must be not more than six participants to one counselor, with not more than ten participants in each course. • Based on information provided by the Department of Finance & Administration (F&A), there are currently insufficient batterer’s intervention programs to meet the needs of those currently ordered to complete the program. • The proposed legislation will increase the number of participants in these programs and increase the need for more staff and offered programs. • The Tennessee Coalition to End Domestic Violence and Sexual Violence serves as the administrative agent for the Domestic Violence State Coordinating Council. The Council is funded by a grant from F&A. • The Council will need one additional Batters Intervention Program Manager to provide certifications for new providers and to oversee the new programs to meet the requirements of the proposed legislation. • The salary and benefits for the manager position is estimated to be $73,493 ($56,150 salary + $17,343 benefits). There will a recurring increase in state expenditures for supplies, communications, travel, etc. estimated to be $5,000. The total recurring cost is estimated to be $78,493 ($73,493 + $5,000). • There will be a one-time increase in state expenditures estimated to be $5,700 ($3,200 computer costs + $2,500 office furniture) in FY25-26. • The total increase in state expenditures associated with the one new position is estimated to be $84,193 ($78,493 + $5,700) in FY25-26 and $78,493 in FY26-27 and subsequent years. Domestic Violence Training for Court Personnel • Pursuant to Tenn. Code Ann. § 38-12-109, the Administrative Office of the Courts (AOC) shall establish a policy regarding, and a continuing education curriculum concerning, domestic violence and shall provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. The AOC may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion. • The proposed legislation requires AOC to coordinate with the Council in creating the continuing education curriculum, and requires the program to be for a period of at least 12 hours per year. • Based on information provided by AOC, over 1,500 court personnel would be required to meet the continuing education requirements of the proposed legislation. • AOC will have to provide additional training opportunities for all court personnel to have the opportunity to meet the new requirement. • Additionally, it is estimated that AOC will require one, full-time training program manager to develop, implement, and coordinate the training program required. • The salary and benefits for the training program manager position is estimated to be $153,183 ($124,500 salary + $28,683 benefits). • There will be a recurring increase in state expenditures of $10,000 for supplies, communications, travel, etc. estimated. • The total recurring increase in state expenditures for AOC associated with the one new training program manager position is estimated to be $163,183 ($153,183 + $10,000). SB 673 - HB 661 3 • The one-time increase in state expenditures for AOC in FY25-26 associated with the one new position is $5,700 ($3,200 computer costs + $2,500 office furniture). • The total increase in state expenditures for AOC is estimated to be $168,883 ($163,183 + $5,700) in FY25-26 and $163,183 in FY26-27 and subsequent years. • The proposed legislation requires the continuing education curriculum to be a minimum of 12 hours. In order to accommodate this requirement, AOC will need to offer additional training opportunities outside of its annual conferences. • AOC will provide a virtual, asynchronous training for impacted judges and court personnel to complete their annual training at their convenience. • The cost of a virtual, asynchronous training will be $1,750 per hour. • The recurring increase in state expenditures associated with providing an asynchronous annual domestic violence training is estimated to be $21,000 ($1,750 x 12 hours) in FY25-26 and subsequent years. • There will be additional, recurring increases in state expenditures to the AOC associated with administrative costs required to conduct the annual training. The extent and timing of such additional expenditures cannot be determined with reasonable certainty but is assumed to absorbed within existing resources. Total Impact • The total increase in state expenditures to the General Fund is estimated to be $274,076 ($168,883 + $84,193 + $21,000) in FY25-26 and $262,675 ($163,183 + $78,493 + $21,000) in FY26-27 and subsequent years. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director