SB 963 - HB 1177
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 4, 2025
Fiscal Analyst: Jennifer Grissom | Email: jennifer.grissom@capitol.tn.gov | Phone: 615-741-2564
SB 963 - HB 1177
SUMMARY OF BILL: Deletes provisions that require any misdemeanor charges pending
against an individual that was found to be incompetent to stand trial be retired no later than 11
months and 29 days after the date of the associated arrest, unless the individual has been restored to
competency prior to that date.
FISCAL IMPACT:
OTHER FISCAL IMPACT
Passage of this legislation is expected increase state expenditures as a result of in-patient stays
beyond 11 months and 29 days. Additional staffing and beds may be necessary to accommodate
such extensions. The extent and timing cannot be determined with any reasonable certainty.
Assumptions:
• Pursuant to Tenn. Code Ann. §§ 33-7-301(d) and 52-6-102(e)(2), if a defendant is found to
be incompetent to stand trial, then any misdemeanor charges pending at the time of the
incompetency determination must be retired no later than 11 months and 29 days after the
date of arrest when the misdemeanor charge or charges have not otherwise been disposed
of. However, misdemeanor charges must not be retired if the defendant is restored to
competency prior to the date on which the misdemeanor charge or charges would have
otherwise been retired under this provision.
• The proposed legislation deletes these provisions from both sections of the code, thereby
removing the time limitation in which charges are required to be retired.
• As a result, some misdemeanants may be held in an in-patient facility longer than 11
months and 29 days.
• Tennessee Code Annotated § 33-7-302 requires that when a defendant in a state hospital or
treatment resource who is charged with a crime is deemed to have restored competence to
stand trial, the chief officer of the facility shall give notice of that fact to the clerk of the
court by whose order the defendant was confined and deliver the defendant to the sheriff
of the county from which the defendant was admitted.
• Pursuant to Tenn. Code Ann. § 33-7-303(b)(3), at six-month intervals in which a defendant
has been hospitalized, the chief officer of the hospital is required to file a written report
with the clerk of the court by whose order the defendant was confined and to the District
Attorney General.
SB 963 - HB 1177 2
• It can be reasonably assumed that courts will at some point retire misdemeanor charges, as
retired charges are not dismissed with prejudice, or a person will eventually be deemed
competent to stand trial; however a number of defendants may be held in in-patient
programs beyond 11 months and 29 days.
• Pursuant to Tenn. Code Ann. § 33-7-304, cost of evaluation and treatment, if the person is
found indigent, will be paid by the state. The projected FY25-26 sub-acute per diem rate is
$854.94.
• Further, hospitals may need additional staffing and beds to accommodate additional days of
in-patient care. The timing and extent of such cannot be determined with any reasonable
certainty.
• Passage of this legislation is expected increase state expenditures as a result of in-patient
stays beyond 11 months and 29 days. Additional staffing and beds may be necessary to
accommodate such extensions. The extent and timing cannot be determined with any
reasonable certainty.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director