Electronic Monitoring

Ordered to wear a GPS monitor on bond in Tennessee? Brooks Law Firm explains which offenses trigger monitoring, the 2024 mandatory domestic-violence GPS law, victim notification, who pays, sex-offender and DUI monitoring, and how to challenge or defend a violation.

GPS and electronic monitoring have become a routine part of Tennessee criminal cases — not only after a conviction, but as a condition of bond while a case is still pending. For some offenses a court may order monitoring; for certain domestic violence charges, recent law makes it mandatory unless the court makes specific findings. The device, the costs, the exclusion zones, and the consequences of a violation can shape a case long before trial. If monitoring has been ordered — or you expect it to be — in a Shelby County case or anywhere in the Mid-South, call Brooks Law Firm at (901) 324-5000 for a confidential consultation.

The Three Settings Where Monitoring Comes Up

Electronic monitoring in Tennessee falls into three broad categories, each with its own rules:

  • Pretrial GPS as a condition of bond — most often in domestic violence, stalking, and order-of-protection cases.
  • Post-conviction monitoring — including satellite-based monitoring of certain sex offenders and GPS as a condition of probation or parole.
  • Alcohol and ignition monitoring in DUI cases — ignition interlock devices and transdermal (SCRAM) alcohol monitoring.

Pretrial GPS as a Condition of Bond

This is the setting most defendants encounter first. Under T.C.A. § 40-11-150, when a person is arrested for certain offenses, the magistrate must review the facts and decide whether the defendant is a threat to the alleged victim or public safety, or is unlikely to return to court. If so, the court must impose at least one condition of release — and one of the available conditions is a global positioning monitoring system device under T.C.A. § 40-11-152, with victim notification.

Offenses That Can Trigger Pretrial GPS

The bond-monitoring statutes apply to a defined set of arrests, including:

  • Any offense in Title 39, Chapter 13 (assaultive and related offenses) in which the alleged victim is a domestic abuse victim as defined in T.C.A. § 36-3-601;
  • Stalking, aggravated stalking, or especially aggravated stalking (§ 39-17-315);
  • Violation of an order of protection (Title 36, Chapter 3, Part 6);
  • Child abuse, child neglect, or child endangerment and the aggravated forms (§§ 39-15-401, 39-15-402).

When Pretrial GPS Is Now Mandatory

The Debbie and Marie Domestic Violence Protection Act, effective in 2024, made GPS monitoring mandatory in a specific situation. Under § 40-11-152, if the court finds probable cause that certain aggravating circumstances occurred, the court shall order a defendant charged with aggravated assault against a domestic abuse victim (under the specified subsections of § 39-13-102) to wear a GPS device as a condition of bail and pay the associated costs — unless the court finds, in a written order, that the defendant no longer poses a threat to the alleged victim or public safety. In other words, for these aggravated domestic assault cases, monitoring is the default and the burden shifts to showing it is unnecessary. See our domestic violence defense page for how these charges and their consequences work.

How Victim Notification Works

The GPS systems used under § 40-11-152 are designed to notify the alleged victim — through a cellular app or a dedicated receptor device — if the defendant enters a court-ordered exclusion zone or comes within a set proximity of the victim. The magistrate must give the alleged victim an opportunity to identify areas to be designated as off-limits. If a defendant is released without a GPS device, the court must make reasonable efforts to tell the victim that no proximity notifications will be provided.

Bond Issues That Arise With GPS Monitoring

It Is a Condition of Release, Not a Substitute for Bond

GPS can be imposed in addition to a money bond and a no-contact order, or, in some cases, in lieu of a higher bond. How these pieces fit together is negotiable: the right presentation at the bond hearing can mean a lower bond amount, monitoring instead of a cash bond a defendant cannot post, or release without monitoring where the defendant is genuinely low-risk. The Tennessee Constitution guarantees the right to bail in all non-capital cases, and conditions must be tied to protecting the victim and ensuring the defendant returns to court.

The 12-Hour Hold Comes First

In domestic abuse arrests, a mandatory hold of at least 12 hours generally applies before release, and the hold can be extended if the magistrate finds the defendant remains a threat. Monitoring conditions are set at or after the bond determination that follows that hold.

Who Pays

By statute, the defendant is generally ordered to pay the costs of operating the monitoring system — and, where the victim chooses to carry a receptor device, the cost of that device as well. If the court determines the defendant is indigent, the cost obligation is adjusted accordingly, and Tennessee maintains an electronic-monitoring indigency fund to help cover monitoring for those who cannot afford it. Documenting inability to pay is an important part of the bond presentation.

Violating a Monitoring Condition

A violation of a § 40-11-150 release condition is serious. The person is subject to immediate arrest, with or without a warrant, under T.C.A. § 40-7-103. If the violation also amounts to violating a protective order under § 39-13-113, the person can be charged with that separate offense; if it does not, the violation can be punished as contempt of the court that imposed the condition. In either case, the court may revoke bond — meaning the defendant can be returned to jail to await trial. Entering an exclusion zone, tampering with the device, letting it lose charge, or failing to keep it operational can all trigger these consequences.

Post-Conviction Monitoring of Sex Offenders

Tennessee’s Serious and Violent Sex Offender Monitoring program (T.C.A. §§ 40-39-301 through 40-39-306) authorizes continuous satellite-based GPS monitoring of serious and violent sexual offenders who remain under the active supervision of the Department of Correction. The monitoring can be passive (location reported about once a day) or active (near-real-time), and the offender can be charged a fee to offset the cost. For those required to register, the monitoring obligations work alongside the registration, verification, and residence and movement restrictions of the Sexual Offender Registration and Monitoring Act. Because these consequences can extend for many years — in some cases for life — and because a sex-offense plea or conviction triggers them automatically, the monitoring exposure should be understood before any resolution of the underlying charge.

DUI: Ignition Interlock and Alcohol Monitoring

In DUI cases, “monitoring” usually means alcohol monitoring rather than GPS location tracking. Tennessee has used ignition interlock devices for DUI since 1989 and transdermal alcohol monitoring (often called SCRAM) since 2014. An ignition interlock — required in many DUI situations, including a first offense with a sufficiently high BAC if a restricted license is sought — prevents the vehicle from starting if alcohol is detected and logs every test. Transdermal devices continuously measure alcohol through the skin and can be ordered as a condition of bond or probation. These devices carry installation and monthly monitoring costs, and an indigency fund exists to assist eligible drivers. Our separate DUI defense page covers ignition interlock requirements and compliance-based removal in detail.

How These Conditions Can Be Challenged or Modified

  • At the bond hearing. Whether monitoring is imposed, and on what terms, turns on the court’s threat and flight-risk findings. Evidence of ties to the community, lack of prior record, employment, and the actual circumstances of the arrest can reduce or avoid monitoring — and for the mandatory aggravated-domestic-assault category, the defense can present the case for the written “no longer poses a threat” finding the statute allows.
  • Indigency. Where a defendant cannot afford the cost, that should be documented and raised so the obligation is adjusted or covered by the indigency fund rather than becoming a basis for re-incarceration.
  • Modification. Conditions of release are not permanent. As a case develops, counsel can move to modify or remove monitoring, adjust exclusion zones, or address device problems that are not the defendant’s fault.
  • Defending alleged violations. Device errors, GPS drift, dead zones inside buildings, charging issues, and inaccurate proximity alerts are real. A reported “violation” is not the end of the inquiry, and an alleged violation should be defended, not assumed.

How Brooks Law Firm Helps

  • Bond strategy: We prepare for the bond hearing to seek the least restrictive conditions consistent with the facts — arguing against unnecessary monitoring and for reasonable bond terms.
  • The mandatory-GPS category: In aggravated domestic assault cases, we develop the record needed for the written finding that can avoid mandatory monitoring where the facts support it.
  • Cost and indigency: We document inability to pay so monitoring costs do not become a path back to jail.
  • Violation defense: We investigate device data and the circumstances behind any alleged violation before bond is revoked or a new charge sticks.
  • The whole case: We keep the monitoring issue connected to the underlying charge and to any order-of-protection or family-law matter, so the pieces work together.

What to Do Right Now

  1. Read your conditions of release carefully and know exactly where your exclusion zones are. Accidentally entering one can mean arrest.
  2. Keep the device charged and operational at all times, and report any malfunction immediately and in writing.
  3. Have no contact with the alleged victim, even indirectly, even if they reach out first.
  4. Document any cost hardship so indigency can be raised properly.
  5. Do not tamper with or remove the device under any circumstances.
  6. Call Brooks Law Firm at (901) 324-5000 before the bond hearing if possible — and immediately if a violation is alleged.

Schedule a Confidential Consultation

Brooks Law Firm handles bond hearings, monitoring conditions, and alleged violations in domestic violence, stalking, DUI, and related cases throughout Shelby County and surrounding West Tennessee counties — in General Sessions and Criminal Court. We offer Spanish-language services. Consultations are confidential and without obligation.

Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
patrickbrookslaw.com

Disclaimer: This page provides general information about Tennessee law current as of the 2024 Tennessee Code and is not legal advice. Monitoring requirements, mandatory-condition triggers, costs, and bond procedures depend on the specific offense and the facts of the case, and statutory citations may be amended after the date above. Reading this page does not create an attorney-client relationship. Every case is different. If you are facing a monitoring condition or an alleged violation, contact a qualified Tennessee attorney about the specific facts of your matter.