Tennessee Code Annotated
Tenn. Code Ann. § 40-11-116 (2026)
Conditions on release
✓ current as of May 2026
- (a) If a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court.
- (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 ensure the safety of the community and 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 law enforcement officer or 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.
- (d) If the magistrate imposes conditions on release of a defendant charged with a Class A, B, C, or D felony and pretrial services are available within the county, then the court shall also require the defendant to participate in pretrial monitoring to ensure that the defendant is complying with the conditions. If the defendant fails to comply with the conditions of release, then the pretrial monitoring agency shall notify the court having jurisdiction of the defendant's failure to comply.
Amended by 2024 Tenn. Acts, ch. 1055,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 362, s 2, eff. 7/1/2023.
Acts 1978, ch. 506, § 16; T.C.A., § 40-1216; Acts 2001, ch. 443, §§ 1, 2; 2012 , ch. 727, § 10.
Notes of Decisions
Cited in 20
cases (9 in the last 5 years), 2001–2026 · leading case: State of Tennessee v. Latickia Tashay Burgins, 464 S.W.3d 298 (Tenn. 2015).
State of Tennessee v. Latickia Tashay Burgins, 464 S.W.3d 298 (Tenn. 2015). “In determining which option is' appropriate, the trial court should consider 1) whether any additional bail conditions or an increased amount of bail would assure the appearance of the- defendant at trial and protect the safety of the community under Tennessee Code-Annotated…”
Graham v. Gen. Sessions Court of Franklin Cnty., 157 S.W.3d 790 (Tenn. Ct. App. 2004). “(T.C.A. § 40-11-116). If it is not shown that conditions on a release on recognizance will reasonably assure the defendant’s appearance as required, the magistrate shall require that bail be given in lieu of conditions of release.”
Hill v. Hall (M.D. Tenn. 2019). “at 15 (citing Tenn. Code Ann. § 40-11-116 ).) If the magistrate determines that bail is necessary, the amount must be set “‘as low as the [magistrate] determines is necessary to reasonably assure the appearance of the defendant,’ in consideration of the factors provided.”
Nashville Cmty. Bail Fund, The v. Howard Gentry (M.D. Tenn. 2020). “” Tenn. Code Ann. § 40-11-116 (a). The conditions that may be imposed include: (1) [r]eleas[ing] the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court .”
State of Tennessee v. June Curtis Loudermilk (Tenn. Crim. App. 2016). “We note, however, that the relevant language of Tennessee Code Annotated section 40-11-116 was amended after James Cravens and Daniel Bilbrey were decided.”
Nashville Cmty. Bail Fund, The v. Howard Gentry (M.D. Tenn. 2020). “Tenn. Code Ann. § 40-11-116 (b). Only if the court determines that “conditions on a release on recognizance” have not been shown to reasonably ensure the defendant’s appearance, may the court, “in lieu of the conditions of release set out in § 40-11-115 or § 40-11-116, require…”
State of Tennessee v. Andrew Jackson (Tenn. Crim. App. 2025). “Tenn. Code Ann. § 40-11-116 . The trial court did not give the requisite consideration to the bail factors outlined in Code section 40-11-118(b).”
State of Tennessee v. Heather Jackson (Tenn. Crim. App. 2025). “Tenn. Code Ann. § 40-11-116 . The trial court did not give the requisite consideration to the bail factors outlined in Code section 40-11-118(b).”
State of Tennessee v. Dalton Bryce Patterson (Tenn. Crim. App. 2025). “Tenn. Code Ann. §§ 40-11-116 , -117. One such condition may include the posting of a secured bond.”
State of Tennessee v. Justin Lloyd (Tenn. Crim. App. 2026). “2015), whether additional bail conditions or an increased amount of bail would assure the appearance of the Defendant and protect the safety of the community under Tenn. Code Ann. §§ 40-11-116 and 40-11- 118(b).”
State of Tennessee v. James Hewitt & Kelli Hewitt (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 40-11-116 (a). Those conditions may include “reasonable restrictions on the activities, movements, associations and residences of the defendant” and “any other reasonable restriction designed to ensure the safety of the community and the defendant’s…”
State of Tennessee v. Bruce Bowen (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 40-11-116 (a). Those conditions may include “reasonable restrictions on the activities, movements, associations and residences of the defendant” and “any other reasonable restriction designed to ensure the safety of the community and the defendant’s…”
— Tenn. Code Ann. § 40-11-116(a) — 1 case
Hill v. Hall (M.D. Tenn. 2019). “at 15 (citing Tenn. Code Ann. § 40-11-116 ).) If the magistrate determines that bail is necessary, the amount must be set “‘as low as the [magistrate] determines is necessary to reasonably assure the appearance of the defendant,’ in consideration of the factors provided.”
— Tenn. Code Ann. § 40-11-116(b)(1) — 1 case
State of Tennessee v. June Curtis Loudermilk (Tenn. Crim. App. 2016). “We note, however, that the relevant language of Tennessee Code Annotated section 40-11-116 was amended after James Cravens and Daniel Bilbrey were decided.”
— Tenn. Code Ann. § 40-11-116(b)(2) — 2 cases
State of Tennessee v. James Hewitt & Kelli Hewitt (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 40-11-116 (a). Those conditions may include “reasonable restrictions on the activities, movements, associations and residences of the defendant” and “any other reasonable restriction designed to ensure the safety of the community and the defendant’s…”
State of Tennessee v. Bruce Bowen (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 40-11-116 (a). Those conditions may include “reasonable restrictions on the activities, movements, associations and residences of the defendant” and “any other reasonable restriction designed to ensure the safety of the community and the defendant’s…”
— Tenn. Code Ann. § 40-11-116(b)(3) — 1 case
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025).
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