Additional factors in determining amount of bail – Conditional release – Discharge of conditions – Notification to law enforcement

(a) In addition to the factors set out in § 40-11-118, in making a decision concerning the amount of bail required for the release of a defendant who is arrested for the offense of child abuse, child neglect, or child endangerment, as defined in § 39-15-401; the offense of aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as defined in § 39-15-402; the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315; a violation of § 39-15-507 or § 39-15-508, involving neglect or aggravated neglect of an elderly or vulnerable adult; a violation of § 39-15-510 or § 39-15-511 involving abuse or aggravated abuse of an elderly or vulnerable adult; any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (10), or (11), or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrest and detention of the defendant and determine whether the defendant is: Ask a legal question, get an answer ASAP!(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 1-3-105Probable cause: A reasonable ground for belief that the offender violated a specific law.Record: 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 1-3-105State: when applied to the different parts of the 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) A threat to the alleged victim; (2) A threat to public safety; and (3) Reasonably likely to appear in court. (b) Before releasing a person arrested for or charged with an offense specified in subsection (a), or a violation of an order of protection, the magistrate shall make findings on the record, if possible, concerning the determination made in accordance with subsection (a), and shall impose one (1) or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding. The conditions may include: (1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim; (2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly; (3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be; (4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the magistrate; (5) An order prohibiting the defendant from possession or consumption of alcohol, controlled substances or controlled substance analogues; (6) An order requiring the defendant to carry or wear a global positioning monitoring system device and, if able, pay the costs associated with operating that device and electronic receptor device provided to the victim, pursuant to § 40-11-152; and (7) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the defendant in court. (c) Concurrent with the imposition of one (1) or more conditions of release, the magistrate shall: (1) Issue a written order for conditional release containing the conditions of the release on a form prepared by the administrative office of the courts, in consultation with the Tennessee task force against domestic violence, and distributed to judges and magistrates by the administrative office of the courts; (2) Immediately distribute a copy of the order to the law enforcement agency having custody of the defendant, which agency shall file and maintain the order in the same manner as is done for orders of protection; and (3) Provide the law enforcement agency with any available information concerning the location of the victim in a manner that protects the safety of the victim. (d) The law enforcement agency having custody of the defendant shall provide a copy of the conditions to the defendant upon the defendant’s release. Failure to provide the defendant with a copy of the conditions of release does not invalidate the conditions if the defendant has notice of such conditions. (e) If conditions of release are imposed without a hearing, the defendant may request a prompt hearing before the court having