[Effective Until 7/1/2024]

(a) If a defendant does not qualify for a release upon recognizance under § 40-11-115, then the magistrate shall impose the least onerous conditions reasonably likely to assure the defendant’s appearance in court.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A felony15 to 60 yearsup to $50,000
class B felony8 to 30 yearsup to $25,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 40-11-116

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions:

(1) Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section;
(2) Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or
(3) Impose any other reasonable restriction designed to assure the defendant’s appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117.
(c) A person charged with any of the following offenses shall not be released pursuant to subdivision (b)(1) without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges:

(1) A Class A felony;
(2) A Class B felony;
(3) Aggravated assault, as defined in § 39-13-102;
(4) Aggravated assault against a first responder, as defined in § 39-13-116; or
(5) Domestic assault, as defined in § 39-13-111, if the violation is a felony offense.
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