HB 580 – SB 601
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 15, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 580 – SB 601
SUMMARY OF BILL: Requires, if a defendant who is ordered to wear a global positioning
system (GPS) monitoring device as a condition of pretrial release fails to pay the costs associated
with operating the device, or the costs associated with the victim’s associated cellular application or
electronic receptor device, the GPS service provider to notify the court in writing within five days of
the arrearage. Requires, upon receiving such notice, the court to immediately schedule a show cause
hearing to be held within 10 days. Authorizes the court in such hearings to: (1) revoke the
defendant's bond and incarcerate the defendant; (2) allow the defendant to immediately bring the
payments current and continue the defendant's pretrial release, or; (3) determine whether alternative
funding sources are available to pay the costs associated with operating the defendant's or the
victim’s GPS devices. Authorizes the court to order alternative funding sources, if any are available,
to pay for the arrearages and future costs associated with the devices in such cases. Specifies that
local governments are not responsible for the costs associated with the devices in such cases unless
the local government has established a fund for that specific purpose. Establishes that a GPS
service provider is not required to continue to provide service for devices for which they are not
receiving appropriate payment.
Makes other minor revisions to the existing requirements and processes regarding GPS monitoring
devices for defendants on pretrial release as they relate to the responsibilities of local authorities,
GPS service providers, and the notifications of violations.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 40-11-152(b), a magistrate may order a defendant accused
of certain offenses to wear a GPS monitoring device, and provide for a cellular application
or electronic receptor device for the alleged victim, as a condition of pretrial release. In
such cases, the defendant is responsible for paying all costs associated with those devices or
applications.
• It is assumed there will be an unknown number of defendants that will fail to pay the costs
associated with their, or their victim’s, GPS monitoring device as required by law and court
order.
• In such cases, the legislation requires the GPS service provider to provide written notice of
such failure to the court, and the court to schedule a show cause hearing to be held within
10 days of receiving the notice.
• In the hearing the court may:
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o revoke the defendant's bond and incarcerate the defendant;
o allow the defendant to immediately bring the payments current and continue the
defendant's pretrial release, or;
o determine whether alternative funding sources are available to pay the costs
associated with operating the defendant's or the victim’s GPS devices, and order any
such funding sources to pay for the arrearages and future costs.
• It is not known how many such cases or hearings there will be in any given year, or what a
judge may determine as the appropriate course of action.
• A judge or magistrate is authorized under current law to revoke a defendant’s bond and
order a defendant incarcerated for a violation of any condition of pretrial release, including
a condition requiring the use of GPS devices. Failure to pay the costs associated with such
devices is understood to be a violation that could currently result in the revocation of bond
and subsequent incarceration of the defendant.
• Therefore, the legislation is not estimated to result in a significant increase in local
expenditures related to incarceration.
• It is not known what or how many alternative funding sources may be available in any given
county to pay for any such costs. The legislation specifies that such sources do not include
the local law enforcement agency or any local governmental entity, unless the local
government has established a fund specifically for such purposes.
• Pursuant to Tenn. Code Ann. §§ 55-10-419(h)(1) and (2), eligible costs incurred in order to
comply with a court order to use a GPS monitoring device must be paid by the person
ordered to use the device, unless the court finds such person to be indigent. If the court
determines the person to be indigent, the person is still required to pay a minimum of $30
per month for the devices, and the remainder of the costs must be paid from the Electronic
Monitoring Indigency Fund (EMIF), up to a maximum amount of an additional $170 per
month.
• Pursuant to Tenn. Code Ann. § 55-10-419(g), the Office of Criminal Justice Programs
(OCJP) within the Department of Finance and Administration operates a cost-sharing grant
program to assist local governments with up to 50 percent of eligible costs for GPS devices
for indigent defendants.
• As part of participation in that program, some local government have established specific
funds for the purpose of paying costs associated with GPS monitoring devices.
• The particular policies governing the operation and expenditures of those local funds may
vary among the various local governments that have established them and are not known,
but it is assumed that the local funds are intended to provide payments for GPS devices for
indigent defendants, and not otherwise capable defendants who simply fail to make the
payments.
• The legislation does not revise any requirements regarding payments for GPS devices for
indigent defendants. Therefore, there is not estimated to be any impact to annual
expenditures from the EMIF.
• Based on information provided by the OCJP, any fiscal impact to the OCJP is estimated to
be not significant.
• It is unknown whether or not any local fund established for payments of GPS devices
would be impacted by the proposed legislation. Any such impacts are assumed to be
dependent on the policies established for that particular local fund.
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• However, it is assumed that such funds are appropriated for, or budgeted for, a specific
amount of expenditures per year. Therefore, the legislation is not estimated to significantly
impact the total annual local expenditures related to GPS monitoring costs for defendants
on pretrial release.
• Any fiscal impact to local law enforcement agencies or the courts is estimated to be not
significant.
• Any impacts to GPS service providers will be borne by those private providers.
• 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