SB 591 - HB 1273
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 14, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 591 - HB 1273
SUMMARY OF BILL: Creates a Class E felony for recklessly, by any means of
communication, threatening to commit an act of mass violence on the property of a child care
agency, preschool, or religious institution. Authorizes, as a condition of bail or other pretrial release,
a court to order a defendant to undergo a mental health evaluation to determine whether the
defendant is competent to stand trial or whether the defendant poses a substantial likelihood of
serious harm to the defendant or others.
Creates a Class B misdemeanor for failing to report a threat of mass violence on the property of a
child care agency, preschool, or religious institution.
Authorizes a sentencing court to order a person convicted of threatening to commit an act of mass
violence to pay restitution, including costs and damages resulting from the disruption of the normal
activity that would have otherwise occurred but for the threat to commit an act of mass violence.
Authorizes the suspension of a juvenile’s driving privileges or their ability to obtain a driver license
for one year if the juvenile is adjudicated delinquent for a violation.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$12,500
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $100
Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.
Assumptions:
New Class E Felony Offense
• The proposed legislation will result in one new admission every year for the Class E felony
offense of recklessly, by any means of communication, threatening to commit an act of
mass violence on the property of a child care agency, preschool, or religious institution.
• The average time served for a Class E felony is 0.56 years after adjusting for pre-trial jail
credits.
SB 591 - HB 1273 2
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 12,200 FY25-26
$ 12,400 FY26-27
$ 12,500 FY27-28
• Pursuant to Chapter 1007 of 2022, recurring costs increases are to be estimated on the
highest of the next three fiscal years; therefore, the recurring increase in incarceration costs
will be $12,500.
New Class B Misdemeanor Offense
• Per the proposed legislation, any person who has knowledge of a threat of mass violence on
the property of a child care agency, preschool, or religious institution and knowingly fails to
report the threat commits a Class B misdemeanor.
• The proposed legislation will result in one admission every year for the Class B
misdemeanor offense of failing to report a threat of mass violence on the property of a
child care agency, preschool, or religious institution.
• It is assumed that an individual convicted of a Class B misdemeanor offense will spend an
average of one day in a local jail.
• Based on cost estimates provided by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
• The recurring mandatory increase in expenditures to local governments is estimated to be
$62 (1 conviction x $61.99 x 1 day) in FY25-26 and subsequent years.
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
Mental Health Evaluation
• Pursuant to Tenn. Code Ann. § 40-11-116(3), if a magistrate determines that conditions of
release are necessary, then the magistrate may impose any reasonable restriction designed to
ensure the safety of the community and the defendant's appearance.
• Authorizing, as a condition of bail or other pretrial release, a court to order a defendant to
undergo a mental health evaluation to determine whether the defendant is competent to
stand trial or whether the defendant poses a substantial likelihood of serious harm to the
defendant or others will have no significant impact on state or local government.
SB 591 - HB 1273 3
Suspension of Juvenile Driver License
• The Department of Safety (DOS) does not incur any expenditures from executing a license
revocation. Any juvenile subject to such revocation would be required to pay a $20
reinstatement fee in order to have their driving privileges restored.
• Any impact on state revenue associated with revocation or prohibition of issuance of driver
licenses or issuance of restricted licenses is estimated to be not significant.
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal analysis are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director