Execution and deposit – Bail set no higher than necessary – Factors considered – Bonds and sureties

[Effective Until 7/1/2024] (a) (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.Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105Property: includes both personal and real property. See Tennessee Code 1-3-105Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) Any defendant for whom bail has been set may execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bail. The clerk may accept a deposit by means of a debit card or mobile cash application and, if the clerk accepts such methods of payment, may charge a fee to pay for any cost charged to the clerk for accepting the applicable method of payment. (2) Upon depositing this sum, the defendant shall be released from custody subject to the conditions of the bail bond. Bail shall be set as low as the court determines is necessary to reasonably assure the appearance of the defendant as required. (b) In determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, the magistrate shall consider the following: (1) The defendant’s length of residence in the community; (2) The defendant’s employment status and history and financial condition; (3) The defendant’s family ties and relationships; (4) The defendant’s reputation, character and mental condition; (5) The defendant’s prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings; (6) The nature of the offense and the apparent probability of conviction and the likely sentence; (7) The defendant’s prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community; (8) The identity of responsible members of the community who will vouch for the defendant’s reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and (9) Any other factors indicating the defendant’s ties to the community or bearing on the risk of the defendant’s willful failure to appear. (c) (1) Whenever a court’s judgment includes the requirement that the defendant pay a fine or cost, the court may require that the payment of the fine or cost be secured by surety bond or other appropriate undertaking if such defendant has a history of past due fines and costs. A parent, guardian or other responsible party may be permitted to act as surety in order to guarantee the payment of the fine or cost. (2) Notwithstanding any other provision of law to the contrary, unless the surety executes a bond or agreement which specifically makes the surety liable for the fine, cost, or restitution, no surety shall be held liable for the fine, cost or restitution without the surety’s consent. (d) (1) (A) Unless the court determines that the requirement would not be in the best interest of justice and public safety, when the court is determining the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant, under § 55-10-401, vehicular assault, under § 39-13-106, aggravated vehicular assault, under § 39-13-115, vehicular homicide, under § 39-13-213(a)(2), or aggravated vehicular homicide, under § 39-13-218, and the alleged offense involved the use of alcohol, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of the alleged offense; (iii) The defendant’s driver license has previously been suspended for a violation of § 55-10-406; or (iv) The defendant has a prior conviction for: (a) Reckless driving, under § 55-10-205; (b) Reckless endangerment, under § 39-13-103; (c) Driving under the influence of an intoxicant, under § 55-10-401; (d) Vehicular assault, under § 39-13-106; (e) Aggravated vehicular assault, under § 39-13-115; (f) Vehicular homicide, under § 39-13-213(a)(2); or (g) Aggravated vehicular homicide, under § 39-