HB 489

ON APRIL 6, 2026, THE SENATE PASSED SENATE BILL 254. ON APRIL 8, 2026, THE HOUSE REQUESTED THAT THE SENATE RETURN SENATE BILL 254. ON APRIL 9, 2026, THE SENATE RETURNED SENATE BILL 254 TO THE HOUSE. ON APRIL 23, 2026, THE HOUSE ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 254, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, require that a defendant who is ordered to wear a transdermal monitoring device or alternative device, including other alternative alcohol or drug monitoring device, or global positioning monitoring device (col lectively "device""), as a condition of pretrial release, and who has not been determined by the court to be indigent, to pay all fees associated with the installation, monitoring, maintenance, and operation of the device. PRE-TRIAL RELEASE This amendment provides that a defendant's failure to make a payment within five days after the due date constitutes nonpayment and may result in termination of device monitoring. If a defendant fails to pay the costs associated with operating the defen dant's device, then the qualified electronic monitoring provider or the government agency providing such services (collectively ""provider""), must notify the court and the defendant in writing within five days of the arrearage. The court must, within 10 d ay s of receiving the notice, set a show cause hearing to be held within 30 days. The clerk of the court must notify the defendant and the provider of the date and time of such hearing. The provider may not discontinue the defendant's monitoring before the such hearing has been held. At the show cause hearing, this amendment authorizes the court to take any of the following actions: • Schedule a bond hearing to determine whether to revoke the defendant's bond and incarcerate the defendant. • Allow the defendant to immediately bring the payments current and continue the defendant's pretrial release. • Determine whether alternative funding sources are available to pay the costs associated with operating the defendant's device and, if alternative funding sources are available, order such sources to pay the arrearages and future costs associated with op erating the defendant's device. Unless a local government entity has established a fund for the purpose of paying the costs associated with a defendant's device, this amendment provides that ""alternative funding sources"" do not include the local sheriff's department or other local government entities. After a show cause hearing has been held, or if a show cause hearing has not been held within the 30-day timeframe, then this amendment provides that a provider is not required to continue to provide monitoring services if the provider is not being compe nsated in accordance with the court's order for the costs associated with operating the defendant's device. PROBATION This amendment requires a defendant who is ordered to wear a device as a condition of probation, and who has not been determined by the court to be indigent, to pay all fees associated with the installation, monitoring, maintenance, and operation of the device. This amendment provides that a defendant's failure to make a payment within five days after the due date constitutes nonpayment. If a defendant fails to pay the costs associated with operating the defendant's device, then the provider must provide writt en notice of the arrearage to the supervising probation officer or supervising agency and the defendant. Such notice must be provided within three business days of the arrearage. If the defendant does not pay the arrearage within five days of the issuance of the notice, then this amendment authorizes the provider to suspend or terminate monitoring services for the defendant after providing notice of the pending suspension or term ination to the supervising probation officer. If monitoring services are suspended or terminated due to nonpayment, then the supervising probation officer may take any action authorized by law for violation of a condition of probation. This amendment provides that a provider is not required to provide monitoring services without compensation, and this amendment's provisions under the summary heading ""PROBATION"" does not require a provider to subsidize monitoring services ordered by the court. ON APRIL 23, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #2."