HB 580

CONTACT INFORMATION Present law requires a magistrate to provide to an alleged victim who participates in a global positioning monitoring system the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond to wear a global positioning monitoring system device and pay related costs ("condition of bond""). This bill revises this provision to, instead, require the arresting officer to provide the name and telephone number of the appropriate e mergency communications dispatch center and the arresting agency, whom the victim may so call, to an alleged victim. MAGISTRATE DUTIES Present law requires a magistrate to order the entity that operates the global positioning monitoring system to noti fy the designated law enforcement employee and the appropriate emergency communications dispatch center if a defendant violates a condition of bond. This bill revises this provision to, instead, require the magistrate to (i) provide such entity with cont a ct information for the appropriate emergency communications dispatch center and the arresting agency, and (ii) order the entity to notify the appropriate entities pursuant to a written protocol. COUNTY OR MUNICIPALITY DUTIES Present law requires the glo bal positioning monitoring of a defendant to be provided by the county or municipality in which the court ordering the monitoring is located and to not be provided by the board of parole. This bill removes this provision. Present law requires each such county or municipality to enter into a written agreement with a qualified contract service provider. This bill requires such a county or municipality to enter into such agreement with one or more such providers. QUALIFIED CONTRACT SERVICE PROVIDER Pres ent law provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of th o se entities and the entities' employees are in accordance with law and done in good faith and without gross negligence or malice. This bill adds that a qualified contract service provider has no duty to notify the victim if a defendant violates a conditi on of bond. A magistrate, court, or law enforcement officer or agency must not transfer or assign, by contract or otherwise, a duty assigned to the magistrate, court, or law enforcement officer or agency to a qualified contract service provider or manufa c turer or provider of the global positioning monitoring system. Under present law, a ""qualified contract service provider"" means a private or public entity that (i) meets the qualifications of a contract service provider under present law, (ii) has a writ ten agreement with the issuing court that designates specific persons to receive notifications and alerts, and (iii) maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement e m ployee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by law. This bill revises (iii) above to, instead, require the private or public entity to either maintain or contract with a company that provides a global positioning monitoring system that has a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the appropriate entities pursuant to the written protocol req u ired under this bill. FAILURE TO PAY If a defendant fails to pay the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an electronic receptor device, then this bill requires the qualified contract service provider to notify the court in writing within five days of the arrearage. The court must immediately schedule a show cause hearing to be held within 10 days of the qualif i ed contract service provider's notice to the court. At the show cause hearing, the court may do any of the following:  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 global positioning monitoring system device and the costs associated with providing the victim with a cellular device application or an electronic receptor device and, if alternative funding sources are available, order the alternative funding sources to pay the arrearages and future costs associated with operating the defendant's global positioning monitoring system device and with providing the victim with a cellular device application or an electronic receptor device. However, unless a local government entity has established a fund for the purpose of paying the costs associated with a defendant's global positioning monitoring system device and the costs associated with providing a victim with a cellular device application or an electronic receptor device, ""alternative funding sources"" does not include the local sheriff's department or other local government entities. This bill adds that a qualified contract service provider is not required to continue to provide global positioning monitoring system services if the qualified contract service provider is not being compensated in accordance with the court's order for the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an electronic receptor device. ON APRIL 14, 2025, THE SENAT E ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 601, AS AMENDED. AMENDMENT #1 retains the present law definition of ""q ualified contract service provider "" and substitutes the term ""q ualified electronic monitoring provider"" for purposes of this bill. This a mendment defines ""q ualified electronic monitoring provider"" (a ""provider"") to mean a private entity that has been qualified and approved by the local government entity where the provider seeks to operate and enters into a written contract or agreement with the local government entity to supply, maintain, or monitor electronic monitoring devices for defendants under a court order, and includes manufacturers and contracted third-party vendors with employees who provide monitoring services in Tennessee . This amendment requires a p rovider to appl y to the local government entity in which the provider seeks to operate as a qualified electronic monitoring provider. Th e application must include proof of insurance in the amount of at least $1, 000, 000, fingerprints and criminal background checks for each director and employee engaged in the monitoring of defendants in Tennessee, a list of all devices that the provider offers and proof that those devices are certified by the federal communications commission, and proof that each of the provider's directors meets education and work experience as specified in the full text of this amendment. If the provider's application meets the requirements of this amendment, then a local government entity may approve the quali fied provider and enter into a written agreement with the qualified provider. The full text of this amendment specifies contents that must be included in a written agreement between a provider and a local government entity. The local government entity sh all submit to the administrative office of the courts (the ""AOC"") a list of qualified and approved providers who have entered into a written agreement with the local government entity. The AOC shall keep a list of qualified and approved providers contract ed with local government entities on its website. and approved. A p rovider, other than that only provides electronic monitoring equipment or software to a local government entity, that enter s into an agreement with a local government entity to monitor defendants has the following responsibilities: (1 ) Providing continuous electronic monitoring 24 hours a day, seven days a week of defendants assigned to the qualified electronic monitoring provider by the court; ( 2 ) Immediately reporting violations, breaches, and irregularities, including, but not limited to, unauthorized departure and device tampering, pursuant to the written protocol required under this amendment ; ( 3 ) Training the director and all employees . T he full text of this amendment describes the required training ; ( 4 ) Maintaining a personnel file for each employee . The full text of this amendment specifies components that must be included in such files; (5) Executing all court orders pertaining to electronic monitoring; ( 6 ) Prohibiting employees from soliciting defendants for products or services that would create a conflict of interest; ( 7 ) Notifying the contracting local government entity in writing within 10 days if an owner, director, or em ployee is charged with, arrested for, pleads guilty or no contest to, or is convicted of a misdemeanor involving moral turpitude or a felony; ( 8 ) Employing a person as a director who is responsible for the direct supervision of employees; ( 9 ) Maintain ing accurate, up-to-date, and comprehensive records for each defendant. The records are subject to audit by the local government entity upon request ; and (10) Providing reports in such detail and at such time intervals as required by the contracting loc al government entity. When a provider enrolls a defendant in the provider's monitoring program, the provider is required to verify the defendant's identity, instruct the defendant concerning the defendant's responsibilities, e nsure professional installat ion, and c onfirm device activation and proper functionality. This amendment requires a ll providers to offer customer service to: assist law enforcement in case of device issues, emergencies, or general inquiries; o ffer a responsive system for troubleshooting and resolving device issues ; and p rovide a hotline . Th is amendment prohibits th e following persons from own ing, operat ing, direct ing, or serv ing as an employee or agent of a qualified electronic monitoring provider: (1) A person whose ownership, operation, direction, or role as an employee or agent of the qualified electronic monitoring provider creates a conflict of interest due to a fiduciary, business, or personal relationship with a defendant, or any other relationship that could l e ad to undue influence, exploitation, or breach of confidentiality; (2) A judge, probation or parole officer, court employee, detention or correctional provider employee, or a law enforcement officer, or any spouse thereof, if the qualified electronic mo nitoring provider operates within the same jurisdiction; or (3) An owner, operator, or employee of a professional bondsman. Under this amendment, a show cause hearing to determine whether a defendant's GPS monitoring system should be discontinued for nonpayment must be held within 30 days of the court's receipt of notice of an arrearage. This amendment specifies that the provider, the defendant, and victim may all participate in the hearing. This amendment further clarifies that a court's decision t o revo ke the defendant's bond and incarcerat e the defendant must follow a bond hearing. After a show cause hearing has been held, or if a show cause hearing has not been held within the thirty-day timeframe, a provider is not required to continue to provi de monitoring services if the provider is not being compensated in accordance with the court's order for the costs associated with operating the defendant's GPS monitoring system device or the costs associated with providing the victim with a cellular dev i ce application or an electronic receptor device."