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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) As used in this section, “qualified electronic monitoring provider” and “provider” 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 this state.
(b)(1) An electronic monitoring provider must submit an application petition to the local government entity in which the provider seeks to operate as a qualified electronic monitoring provider. The application petition must include:
(A) Proof of the general liability insurance coverage required by subdivision (c)(1);
(B) One (1) complete set of fingerprints and completed criminal background checks on each director and employee engaged in the monitoring of defendants in this state if the provider is contracted to monitor defendants in this state;
(C) A list of all devices that the qualified electronic monitoring provider offers and proof that those devices are certified by the federal communications commission; and
(D) If the provider is contracted, or is seeking a contract, to monitor defendants in this state, proof of the director meeting the education and experience requirements set forth in subdivision (e)(1).
(2) If the provider's application meets the requirements of subdivision (b)(1), then a local government entity may approve the qualified provider and enter into a written agreement with the qualified provider. The local government entity shall submit to the administrative office of the courts a list of qualified and approved providers who have entered into a written agreement with the local government entity. The administrative office of the courts shall keep a list of qualified and approved providers contracted with local government entities on the website of the administrative office of the courts. Each local government entity must submit updates to the administrative office of the courts if the status of a qualified electronic monitoring provider changes or if a new provider is qualified and approved.
(c) Each qualified electronic monitoring provider must:
(1) Maintain general liability insurance coverage of at least one million dollars ($1,000,000) at all times while providing contract services and provide the local government entity with written documentation of the insurance coverage; and
(2)(A) Except as provided in subdivision (c)(2)(B), have a written agreement with the local government entity that includes the following:
(i) A clear delineation of responsibilities and services provided by the qualified electronic monitoring provider, including continuous monitoring twenty-four (24) hours a day, seven (7) days a week of defendants assigned to the qualified electronic monitoring provider by the court;
(ii) Staffing requirements, including minimum staffing levels and standards for monitoring defendants;
(iii) Written protocols for alert responses and emergencies;
(iv) Default and contract termination procedures; and
(v) A detailed list of fees charged to defendants, including monitoring installation and equipment fees; or
(B) If the provider is a manufacturer providing only equipment or software and not providing monitoring services, a written agreement with the local government entity that includes the following:
(i) A clear delineation of responsibilities and services provided by the provider; and
(ii) Default and contract termination procedures.
(d)(1) A qualified electronic monitoring provider that has entered into an agreement with a local government entity to monitor defendants in this state has the following responsibilities:
(A) Providing continuous electronic monitoring twenty-four (24) hours a day, seven (7) days a week of defendants assigned to the qualified electronic monitoring provider by the court;
(B) Immediately reporting violations, breaches, and irregularities, including, but not limited to, unauthorized departure and device tampering, pursuant to the written protocol required under subdivision (c)(2);
(C) Training all employees to maintain confidentiality and, for those employees having contact with defendants, to provide accurate information on the defendant's responsibilities and device instruction;
(D) Maintaining a personnel file for each employee, which includes the employee's job application, signed confidentiality agreements as required by this section, training records, criminal justice experience, educational documentation, and a written notice from the contracting government entity indicating whether the employee meets the employment criteria based on the criminal background check;
(E) Executing all court orders pertaining to electronic monitoring;
(F) Prohibiting employees from soliciting defendants for products or services that would create a conflict of interest;
(G) Notifying the contracting local government entity in writing within ten (10) days if an owner, director, or employee is charged with, arrested for, pleads guilty or no contest to, or is convicted of a misdemeanor involving moral turpitude or a felony;
(H) Employing a person as a director who is responsible for the direct supervision of employees; and
(I) Maintaining accurate, up-to-date, and comprehensive records for each defendant, including details of the court order, monitoring terms and conditions, time-stamped proof of activation, time-stamped location data, tracking logs, violation reports, device maintenance histories, and communications with the court system.
(2) The records required by subdivision (d)(1)(I):
(A) Are subject to audit by the local government entity upon request;
(B) Must be maintained in a secure and confidential manner; and
(C) Must be maintained by the qualified electronic monitoring provider for a minimum of three (3) years after the defendant is removed from monitoring.
(3) The responsibilities listed in subdivision (d)(1) do not apply to a qualified electronic monitoring provider that only provides electronic monitoring equipment or software to a local government entity; however, if the qualified electronic monitoring provider begins monitoring defendants pursuant to a contract with the local government entity, then the requirements of subdivision (c)(2)(A) must be met and the responsibilities listed in subdivision (d)(1) apply.
(e) Each director of a qualified electronic monitoring services provider must:
(1) Have:
(A) A bachelor's degree from an accredited college or university and two (2) years of experience in criminal justice or social work; or
(B) A high school diploma and four (4) years of professional administrative experience with an organization providing services in the field of criminal justice or social work;
(2) Sign a confidentiality statement agreeing to hold defendant records confidential;
(3) Be of good moral character and not have been convicted of or pled guilty or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony offense within the last ten (10) years unless a pardon has been obtained, or have an outstanding warrant for the employee's arrest;
(4) Submit to a criminal background check; and
(5) Complete orientation training within six (6) months of beginning operations and annual in-service training as required by subsection (g).
(f) An employee of a qualified electronic monitoring services provider must:
(1) Be at least eighteen (18) years of age, except that an employee who interacts with defendants must be at least twenty-one (21) years of age;
(2) Sign a confidentiality statement agreeing to hold defendant records confidential;
(3) Be of good moral character and not have been convicted of or pled guilty or nolo contendere to a misdemeanor offense involving moral turpitude, or to a felony offense within the last ten (10) years unless a pardon has been obtained, or have an outstanding warrant for the employee's arrest;
(4) Submit to a criminal background check;
(5) Complete orientation training within six (6) months of beginning operations and annual in-service training as required by subsection (g); and
(6) Sign a statement that is cosigned by the director of the electronic monitoring services provider and indicates that the employee has received an orientation on the policies, procedures, and guidelines relevant to the employee's job duties.
(g) If a qualified electronic monitoring provider contracts with a local government entity to provide monitoring of defendants in this state, then the provider must provide training to the director and all employees engaged in the monitoring of defendants in this state consisting of a minimum of forty (40) hours of orientation training and fifteen (15) hours of annual in-service training. The training must include:
(1) Orientation to electronic monitoring;
(2) An overview of the types of equipment used for electronic monitoring;
(3) An overview of the criminal justice system;
(4) Instruction on recognizing and reading court orders;
(5) Staff and victim safety issues;
(6) Installing equipment and troubleshooting equipment issues; and
(7) Data entry and familiarization with forms.
(h) Each qualified electronic monitoring provider that provides monitoring services of defendants in this state shall, when enrolling defendants:
(1) Verify a defendant's identity, the completion of necessary paperwork, and participant eligibility with the required court documentation prior to enrollment and issuance of a monitoring device;
(2) At the time of defendant enrollment, provide defendants with clear instructions on the terms of monitoring and the defendant's responsibilities and device care, including charging and tamper detection;
(3) Ensure that monitoring devices are installed by a professional and securely attached to the defendant; and
(4) Confirm device activation and proper functionality with a time-stamped record of activation before the defendant is released.
(i) All qualified electronic monitoring providers must:
(1) Offer customer service to assist law enforcement in case of device issues, emergencies, or general inquiries;
(2) Offer a responsive system for troubleshooting and resolving device issues, including device replacement or repair on the event of malfunctions or tampering;
(3) Train support staff to handle technical issues and escalate matters to supervising authorities as necessary; and
(4) Provide a hotline to report technical problems, device malfunctions, and emergencies.
(j) The following persons shall not own, operate, direct, or serve 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 lead 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 monitoring provider operates within the same jurisdiction; or
(3) An owner, operator, or employee of a professional bondsman, as defined in § 40-11-301.
(k) All qualified electronic monitoring providers shall provide reports to the local government entity in such detail and at such time intervals as required by the contracting local government entity.
Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-11-155 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-11-155/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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