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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 29-9-103	Fines and penalties	(a) The punishment for contempt may be by fine or by imprisonment, or both.(b) Where not otherwise specially provided, the circuit, chancery, and appellate courts are limited to a fine + See more of fifty dollars ($50.00), and imprisonment not exceeding ten (10) days, and, except as provided in § 29-9-108, all other courts are limited to a fine of ten dollars ($10.00).	$0 - $50 may be by fine or by imprisonment, or both. + See more	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 29-9-104	Omissions	(a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until + See more such person performs it.(b) The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court.	the person may be imprisoned . . . [or] separately fined, as authorized by law, for each day it is in contempt + See more until it performs the act or pays the damages ordered by the court.	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 29-9-105	Prohibited acts; performance	If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or + See more by the payment of damages.	the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment + See more of damages	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 29-9-106	Bail	Upon an attachment to answer for a contempt, except in not performing a decree, the officer executing the process shall take bail from the defendant as in other cases.(b)(1) The + See more court ordering the attachment shall specify the penalty of such appearance bond.(2) If the penalty is not fixed by the court, it shall be two hundred fifty dollars ($250).	$0 - $250 only if the penalty is not fixed by the court + See more	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 29-9-108	Local ordinances or environmental violations; failure to oppose	(2) The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation.	$0 - $10 and imprisonment not exceeding five (5) days for each violation + See more	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-101(b)(1)(A)	Assault - Police Officer/Health Care Provider	Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed + See more against a law enforcement officer or a health care provider acting in the discharge of the providers duty, then the maximum fine shall be five thousand dollars ($5,000).	$0 - $5000 no	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-101(b)(2)	Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.	$0 - $200 In addition to the regular assault fine + See more	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(1)	Aggravated Assault - Law Enforcement Officer	However, the maximum fine shall be fifteen thousand dollars ($15,000) for an offense under subdivision (a)(1)(A), subdivision (a)(1)(B), subsection (c), or subsection (d) committed against any of the following persons + See more who are discharging or attempting to discharge their official duties:(i) Law enforcement officer; (ii) Firefighter; (iii) Medical fire responder; (iv) Paramedic; (v) Emergency medical technician; (vi) Health care provider; or (vii) Any other first responder.	$0 - $15000 no	All	No	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.	$0 - $200 In addition to the regular assault fine + See more	All	Yes	Court	N/A
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(3)	Aggravated Assault - Restitution	In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to + See more pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered.(B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601.	no	All	Yes	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-50-507	Community Service Work	By a majority vote of the applicable local legislative body, any county or city may, by resolution or ordinance, establish a program that allows any person who is indigent and + See more who has been convicted of driving while the person's license is cancelled, suspended, or revoked in violation of § 55-50-504(a) to complete community service work in lieu of paying the fines and other costs imposed for the conviction. The community service program shall be administered and monitored by the appropriate entity that administers court-ordered community service within the applicable jurisdiction.	Community service	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-129(b)(4)	Compensation and salaries; work release	(4) If the prisoner is gainfully self-employed, the prisoner shall pay for such board, in default of which the prisoner's privilege under §§ 41-2-127 -- 41-2-132 shall be automatically forfeited.	Other	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-128(5)	Prisoners who may apply for release -- Procedure.	(5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, + See more taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104(b)	Revocation of Driver's License	Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate + See more a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104(a)	Imprisonment	If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into + See more and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.	Incarceration	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-101(a)	Installments	(a) When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows: (1) That the + See more defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or (4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(a)	Collection; fines, costs and litigation taxes; license revocation	Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action. The + See more trial court may also enforce all orders assessing any fine remaining in default by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. Costs and litigation taxes due may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs or litigation taxes. The following shall be the allocation formula for moneys paid into court: the first moneys paid in any case shall first be credited toward payment of litigation taxes and once litigation taxes have been paid, the next moneys shall be credited toward payment of costs; then additional moneys shall be credited toward payment of the fine.	Property liens	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(b)	Collection; fines, costs and litigation taxes; license revocation	A license issued under title 55 for any operator or chauffeur shall be revoked by the commissioner of safety if the licensee has not paid all litigation taxes, court costs, + See more and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of disposition of the offense. The license shall remain revoked until such time as the person whose license has been revoked provides proof to the commissioner of safety that all litigation taxes, court costs, and fines have been paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(d)(2)	Collection; fines, costs and litigation taxes; license revocation	On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed + See more forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(g)	Collection; fines, costs and litigation taxes; license revocation	After a fine, costs, or litigation taxes have been in default for at least five (5) years, the criminal or general sessions court clerk may, subject to approval by a + See more court of competent jurisdiction, accept a lump-sum partial payment in full settlement of the outstanding balance due on a case. The court shall not approve a settlement unless the amount accepted is equal to or greater than fifty percent (50%) of the combined outstanding balance of all fines, costs, and litigation taxes due on the case. When moneys are paid into court pursuant to this subsection (g), the allocation formula outlined in subsection (a) shall be followed, except the percentage that may be retained by the clerk pursuant to subsection (d) may be withheld, with the remainder being allocated according to the formula.	Payment plan/installment plan	All	No

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-101(b)(2)	Assault - Domestic Abuse	if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as + See more determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	Misdemeanor	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See more that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-111(c)(5)	Domestic Assault - Additional Fee	In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a + See more fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Imposition of a lower fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-709(e)	Sex Offender Conviction Tax	The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or + See more financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-428(d)	Fines and Penalties; Mandatory Minimums; Allocation	(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum + See more fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-39-305(b)	Sexual Offender Fee	The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or + See more any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	Not provided for	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-128(5)	Prisoners who may apply for release -- Procedure.	(5)(A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into + See more consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).(B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.(C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.(D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.	All	Not provided for	Not provided for	Burden on defendant to show inability to pay	Not provided for	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 8-21-401(m)	Fees for particular services	(m) Indigent parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means + See more of a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.	All	Not provided for	At enforcement of fine or fee	Burden on defendant to show inability to pay	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-15-105(a)(2)(F)	Memoranda of Understanding	(a)(2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following + See more conditions during the period in which the prosecution is suspended: . . . (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay;	All	Not provided for	Not provided for	Burden on defendant to show inability to pay	Not provided for	Yes	Reduction or waiver of the fee
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104	Nonpayment; Crimes and Offenses	(a) If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring + See more into and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.(b) Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.	All	No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other + See more mitigating and enhancing factors.	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	A reduction of a fine or any other alternative mechanism available to the court

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-14-103(b)	Administrative Fee - Court-Appointed Counsel	As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court + See more and with the administrative director of the courts. The report shall indicate the following:(A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer.	Obligation to report/conduct analysis	State courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-4-136	Jailers fees; audits	The jailer's fees for county prisoners shall be referred monthly to the county mayor for inspection, who shall audit the fees and cause the clerk to issue a warrant for + See more the amount allowed.	Obligation to report/conduct analysis	County
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 54-10-112(c)	Possession of municipal or county traffic control sign; violation	(c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway + See more department that erected or caused to be erected the traffic control sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.	Obligation to report/conduct analysis	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 54-10-113(c)	Possession of municipal or county street, road or highway sign; violation	(c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway + See more department that erected or caused to be erected the street, road or highway sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.	Obligation to report/conduct analysis	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-429	Fines and Forefitures; Disposition; Audits	(a) The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition + See more of the proceeds of goods seized and forfeited under § 53-11-451, and for the fines imposed by § 39-17-428.(b) An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement.	Obligation to report/conduct analysis	Law enforcement
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-10-306	Records and Recordation	Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation or other legal form of traffic charge + See more deposited with or presented to the court or the traffic violations bureau of its jurisdiction, and shall keep a record of every official action by the court or the traffic violations bureau of its jurisdiction in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint, warrant, or citation deposited with or presented to the court or traffic violations bureau.(b)(1) Except as provided by § 55-50-409, within thirty (30) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of chapter 8, parts 1-5 of this chapter and § 55-12-139 or other law regulating the operation of vehicles on highways, every such magistrate or judge of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle	Obligation to collect or record	Traffic court
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-12-129(f)	Report	From each fee received in accordance with § 55-10-306, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of each conviction resulting + See more in a suspension or revocation, including forfeiture of bail not vacated, or payment of a fine or penalty, for one (1) or more of the offenses enumerated in § 55-12-115(a).	Obligation to report/conduct analysis	Law enforcement
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-110	Accounts and reports	(a)(1) The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for + See more the workhouse, keeping the account for supplies separate from implements and tools.(2) The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date.(3) The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.(b) The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body.	Obligation to collect or record	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-116	Sentence; certified statement	(a) A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and + See more to the county mayor by the clerk of the court trying the case and shall specify:. . . (5) Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.	Obligation to collect or record	Law enforcement
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-119	State prisoners; costs; reimbursement	(a) The state shall pay for the board of state prisoners in accordance with chapter 8 of this title.(b) Within the time requirements of § 41-8-106, the number of prisoners + See more held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk.	Obligation to collect or record	Law enforcement

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(d)(2)	Collection; fines, costs and litigation taxes; license revocation	Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney general + See more or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay.	State courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(d)(1)	Collection Agency	After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain + See more an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula.	Private actors
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(d)(1)	In-House State Collection Agency	After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain + See more an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula.	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(e)(1)	Collection; fines, costs and litigation taxes; license revocation	The governing body of any municipality may by ordinance authorize the employment of a collection agency to collect fines and costs assessed by the municipal court where the fines and + See more costs have not been collected within sixty (60) days after they were due. The authorizing ordinance shall include the requirement that the contract between the municipality and the collection agency be in writing.	Private actors
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-10-304	Collection - Commissioner of Safety	The commissioner of safety is empowered in the name of the state to take all steps necessary to enforce the collection and prompt return of all the fines, penalties, and + See more forfeitures of bonds; and the same when so collected shall be credited to the department of safety and used to carry out chapters 8 and 9 of this title, parts 1-5 of this chapter and § 55-12-139.	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(c)	Collection; fines, costs and litigation taxes; license revocation	(c) The district attorney general or the county or municipal attorney, as applicable, may, in that person's discretion, and shall, upon order of the court, institute proceedings to collect the + See more fine, costs and litigation taxes as a civil judgment.	State/statewide agency
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(f)	Collection; fines, costs and litigation taxes; license revocation	f) If any fine, costs or litigation taxes assessed against the defendant in a criminal case remain in default when the defendant is released from the sentence imposed, the sentence + See more expires or the criminal court otherwise loses jurisdiction over the defendant, the sentencing judge, clerk or district attorney general may have the amount remaining in default converted to a civil judgment pursuant to the Tennessee Rules of Civil Procedure. The judgment may be enforced as is provided in this section or in any other manner authorized by law for a civil judgment.	State courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-3-902	Private Probation Services Council - Purpose	The purpose of the council is to ensure that uniform professional and contract standards are practiced and maintained by private corporations, enterprises and entities engaged in rendering general misdemeanor probation + See more supervision, counseling and collection services to the courts.	State/statewide agency

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-101(b)(2)	Assault - Domestic Abuse	The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general + See more fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.	Private actors	n/a	Misdemeanor
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-102(e)(2)	Aggravated Assault - Domestic Abuse	The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general + See more fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.	Private actors	n/a	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-10-412(c)	Reckless Endangerment - Additional Fee	The respective counties shall be authorized to expend the funds generated by the increased fines provided for in chapter 948 of the Public Acts of 1994, by appropriations to any + See more of the following:(1) Alcohol, drug, and mental health treatment facilities licensed by the department of mental health and substance abuse services; (2) Metropolitan drug commissions or other similar programs sanctioned by the governor's Drug Free Tennessee program for the purposes of chapter 948 of the Public Acts of 1994 ; (3) Organizations exempted from the payment of federal income taxes by § 501(c)(3) of the federal Internal Revenue Code, codified in 26 U.S.C. § 501(c)(3), whose primary mission is to educate the public on the dangers of illicit drug use, alcohol abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness or to render treatment for alcohol and drug addiction, or the co-occurring disorder of both alcohol and drug abuse and mental illness; (4) Specialized court programs and specialized court dockets that supervise offenders who suffer from alcohol and drug abuse, or the co-occurring disorder of both alcohol and drug abuse and mental illness; (5) Organizations that operate drug, alcohol, or co-occurring disorder treatment programs for the homeless or indigent; (6) Agencies or organizations for purposes of drug testing of offenders who have been placed on misdemeanor probation; and (7) The employment of a probation officer for the purposes of supervising drug and alcohol offenders.	Private actors	Treatment Facilities; Drug Commissions; Drug Education Organizations; Court Programs; Probation Officers	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-111(c)(5)	Domestic Assault - Additional Fee	The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general + See more fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. This appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.	Private actors	n/a	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-13-709(c)	Sex Offender Conviction Tax	The clerk of the court shall allocate the tax required by subsection (b) as follows:(1) Five percent (5%) of the tax paid shall be retained by the clerk for administrative + See more costs incurred pursuant to this subsection (c); and (2) Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to § 67-4-602, and shall be includible as an amount subject to apportionment pursuant to § 67-4-606.	State courts	Corrections Institute; General Revenue Fund; Crime Assistance Fund; State Treasury; Indigent Representation Fund; Sex Offender Treatment Fund; Driver Education	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-428(c)(1)	Fines and Penalties; Mandatory Minimums; Allocation	Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420. The remaining fifty percent (50%) shall be paid + See more to the general fund of the governing body of the law enforcement agency responsible for the investigation and arrest which resulted in the drug conviction; provided, that if a drug task force is responsible for the investigation and arrest, the amount above the minimum fine shall be paid to the general fund of the governing body of one (1) or more counties and cities within the judicial district as directed by the court. Notwithstanding § 39-17-420(a)(1) or any other law to the contrary, a portion of any fine collected pursuant to subsection (b) may be expended to fund programs and services for infants and children who are afflicted by HIV or AIDS. Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall be accounted for in a special revenue fund of the jurisdiction that initiated the arrest, or in a special reserve fund of the university employing the campus police officers if the arrest was initiated by campus police officers as defined in § 49-7-118 or in the special revenue fund of the department of correction if the arrest was initiated by the internal affairs director or an internal affairs special agent of the department of correction. All financial activities related to funds received under this part shall be accounted for in this fund. Cash transactions related to undercover investigative operations of county or municipal drug enforcement programs shall be administered in compliance with procedures established by the comptroller of the treasury. Moneys in the special revenue fund may be used only for the following purposes: (A) Local drug enforcement program; (B) Local drug education program; (C) Local drug treatment program; and (D) Nonrecurring general law enforcement expenditures.	Law enforcement	Drug Enforcement, Education, and Treatment Programs	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-14-510	Proceeds from fines - Litter Control	(a) All proceeds from the fines imposed by this part shall be deposited in the general fund of the county where the offense occurred and designated for county operating costs + See more with preference given to litter prevention programs and education such as those conducted by Keep America Beautiful.(b) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for mitigated criminal littering shall receive a reward of fifty dollars ($50.00). Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for criminal littering or aggravated criminal littering shall receive a reward of two hundred fifty dollars ($250). The county where the offense occurred shall provide the reward money from the proceeds of the mandatory fines collected under this section.	County	n/a	Misdemeanor
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-439(b)	Alcohol and Drug Addiction Treatment Fee	All proceeds collected pursuant to subsection (a) shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the alcohol and drug addiction treatment fund + See more administered by the department.	State courts	n/a	All
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 39-17-114(d)	Trannsport of illegal aliens	Any moneys received from a violation of this section shall go to the arresting agency or agencies.	Law enforcement	n/a	Misdemeanor
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-108(a)	Sexual Offense Convictions	The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general + See more fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding sexual assault program services pursuant to title 71, chapter 6, part 3.	State/statewide agency	Sexual Assault Prevention Programs	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Tennessee	Tenn. R. Crim. P. 15(d)	Expenses	If a deposition is taken at the instance of the state or of a defendant who is unable to pay the deposition expenses, the court may order the state to + See more pay:(1) the expense of the defendant and defendant's attorney for travel and subsistence to attend the deposition; and (2) the cost of the deposition transcript.	Ability to pay

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Tennessee	TN Const. Art. 6, § 1	Enumeration of Courts	"The judicial power of this State shall be vested in one Supreme Court and in such Circuit, Chancery and other inferior Courts as the Legislature shall from time to time, + See more ordain and establish; in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established."	All Courts	Creation of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-1-101	Vesting	"The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery + See more courts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."	All Courts	Creation of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-1-102	Powers	"Every court has the power to:(1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; (2) Enforce order + See more before a person or body acting under its authority; (3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court; (4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding; (5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and (6) Control its process and orders."	All Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-3-201	Jurisdiction	"(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is + See more now conferred by law upon the present supreme court.(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code. (c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction. (d)(1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section. (e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure."	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-4-108	Jurisdiction	"(a)(1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g).(2) All cases within + See more the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct. (b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter."	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-5-108	Jurisdiction	"(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:(1) Criminal cases, both felony + See more and misdemeanor; (2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case; (3) Civil or criminal contempt arising out of a criminal matter; and (4) Extradition cases. (b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law."	Court of Criminal Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-10-101; Tenn. Code Ann. § 16-10-102; Tenn. Code Ann. § 16-10-112	General Jurisdiction	"The circuit court is a court of general jurisdiction, and the judge of the circuit court shall administer right and justice according to law, in all cases where the jurisdiction + See more is not conferred upon another tribunal." The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this code. The circuit court has an appellate jurisdiction of all suits and actions, of whatsoever nature, unless otherwise provided, instituted before any inferior jurisdiction, whether brought by appeal, certiorari, or in any other manner prescribed by law.	Circuit Court	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-11-102	Concurrent Jurisdiction	"(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person + See more or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law."	Chancery Court	Jurisdiction of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-15-101	Creation	"(a) There is created and established a court in and for each county of the state, except in counties having a population of not less than nine thousand one hundred + See more seventy-five (9,175) nor more than nine thousand two hundred (9,200), according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.(b) It is the intent of this section to create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that the county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties."	Court of General Sessions	Creation of the courts
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 16-15-401	Powers	"(a) Each general sessions court judge is vested with power to:(1) Grant writs of attachment, returnable to the circuit court, in the same manner and to the same extent as + See more the circuit judge; (2) Enter up judgment by confession of a defendant to any amount within the judge's jurisdiction in the particular case; (3) Issue an execution in the judge's county upon a certified execution from another county; (4) Issue a subpoena for witnesses, in any matter to be tried before the judge, to the judge's own or an adjoining county; (5) Issue scire facias to revive judgments against the personal representatives and heirs of deceased parties, to any county in the state; (6) Issue alias and pluries executions whenever necessary; (7) Issue counterpart writs to any county in the state for the principal maker of any bill, bond, or note, at the instance of the surety or endorser who is sued thereon; and (8) Punish persons disturbing them in the discharge of their official duties. (b) Judges of general sessions courts have the same authority as circuit court judges or chancellors to grant fiats for writs of injunction, attachments and other extraordinary process. They also have the same jurisdiction relative to the suspension and revocation of sentences imposed by them as that conferred upon all trial judges by title 40, chapter 29. (c) The judges of courts of general sessions of counties of the third class, as defined in § 16-15-204, having a population of not less than forty-seven thousand eight hundred fifty (47,850) nor more than forty-seven thousand eight hundred seventy-five (47,875), according to the 1970 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred elsewhere in this chapter, have the authority to sit by interchange for the county judge in nonsupport, probate, juvenile and lunacy proceedings."	Court of General Sessions	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Tennessee	State v. Taylor, 70 S.W.3d 717, 723 (Tenn. 2002); State v. Smith, 898 S.W.2d 742, 747 (Tenn. Crim. App. 1994); Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564, + See more at *4 (Tenn. Ct. App. Mar. 27, 2000)	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	In imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors. The burden is on the + See more defendant to prove a present inability to pay.	The trial court's imposition of a fine, within the limits set by the jury, is to be based upon the factors provided by the 1989 Sentencing Act, which include the + See more defendant's ability to pay that fine, and other factors of judgment involved in setting the total sentence. Trial and appellate courts must also consider other factors, including prior history, potential for rehabilitation, financial means, and mitigating and enhancing factors that are relevant to an appropriate, overall sentence. The seriousness of a conviction offense may also support a punitive fine. [T]he burden is on the contemner to prove inability to pay	Ability to pay
Add to Dashboard + Create New	Tennessee	State v. Rose, No. C.C.A. 3, 1989 WL 22804, at *2 (Tenn. Crim. App. Mar. 15, 1989) (Daughtrey, J., concurring in part)	Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue?	To some degree. Only the legislature can establish that conduct is criminal and is subject to a fine. Courts cannot impose a fine for behavior that the legislature has not + See more criminalized	The power to declare conduct to be criminal and to set forth the gradation of penalties for various offenses is a matter wholly within the power and discretion of the + See more legislature, which discretion, exercised within constitutional limits, is not subject to review by the courts.	Fines and fees
Add to Dashboard + Create New	Tennessee	State v. Smith, No. C.C.A. 86-121-III, 1986 WL 10893 (Tenn. Crim. App. Oct. 3, 1986)	Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See more law enforcement agencies?	This has not been explicitly addressed by courts. However, in the right-to-counsel context, Tennesee generally recognizes that conflicts of interests should be avoided where they are likely to occur. Furthermore, + See more in at least one instance, the Tennesee Court of Criminal Appeals has recognized that conflicts might arise regarding fines and law enforcement.	Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect + See more each defendant's right to counsel. "There is in the record an interesting letter from this assistant district attorney general to the defendants' attorney in which he asserts there is a conflict of interest because the state wished to talk with four of the accused, out of the presence of counsel, to explain the possibility of entering a nolle as to one or more of these persons and agreeing to a fine upon a guilty plea as to the others. If the state has no case against these people they could and should move to dismiss the charges without need to consult with them, either with or without counsel present."	Enforcement
Add to Dashboard + Create New	Tennessee	State v. Miller, No. W200200640CCAR3CD, 2003 WL 1618070, at *3 (Tenn. Crim. App. Mar. 28, 2003)	Are there limits to the states ability to recoup fees for counsel under the state constitution?	In making its ability-to-pay determination, the court can require a defendant to pay as much as it determines the defendant is able to pay. It can modify this order if + See more there is a change in the defendant's financial circumstances.	"If the court appoints counsel to represent an accused in a felony case under this section or in a misdemeanor case as required by law, but finds the accused is + See more financially able to defray a portion or all of the cost of the accused's representation, the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of a discharge from probation. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances of the accused."	Ability to pay
Add to Dashboard + Create New	Tennessee	Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564, at *2 (Tenn. Ct. App. Mar. 27, 2000)	Other applicable caselaw	Defendants can be imprisoned for failure to pay fines if the court determines the person being imprisoned has the ability to pay the fine.	"[I]mprisonment for failure to pay a fine, which is allowed under T.C.A. § 29-9-104, so long as the person being imprisoned has the ability to pay the fine."	Ability to pay
Add to Dashboard + Create New	Tennessee	State v. Dubrock, 649 S.W.2d 602 (Tenn.Crim.App.1983)		Defendant is entitled to ability-to-pay hearing whenever they claim indigency.	"We think it is clear from the plain meaning of the statute that an indigency hearing must be held whenever a criminal defendant claims that he is financially unable to + See more retain counsel. Furthermore, the legislature has placed no limits on the word whenever. Thus, an indigency hearing is required at any point that the defendant claims indigency."	Ability to pay

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Tennessee	Bradford v. Bradford, No. 86-262-II, 1986 WL 2874, at *5 (Tenn. Ct. App. Mar. 7, 1986); Daniels v. Grimac, 342 S.W.3d 511, 517 (Tenn. Ct. App. 2010)	Case law	Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See more the proceedings may only result in additional fines or non-incarceration penalties?	Courts have recognzied that defendants are entitled to counsel, an opportunity to be heard, and notice in civil proceedings which may result in incarceration.	We are of the opinion that in light of Lassiter, due process mandates that an indigent defendant has the right to be represented by counsel at a contempt proceeding whether + See more it be called civil or criminal if the indigent defendant faces the loss of his freedom. Indirect contempt arises from acts committed out of the presence of the court, and cannot be punished unless the accused has been given the due process protections of notice and an opportunity to be heard.	Enforcement
Add to Dashboard + Create New	Tennessee	Cf. Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989)	Imprisonment for Contempt of Non-Payment of Fines	Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the states constitution?	Municipalities can set their own standards as long as the standards comply with constitutional and statutory protections	"The municipal charter provides that the city court may imprison a party for up to ten days for violation of city ordinances, and the city council has passed a resolution + See more to this effect.It appears that the municipal provision outlined above complies with the procedures described in T.C.A. § 4024104, as well as constitutional safeguards, for determination of the defendant's ability to pay, thereby giving rise to an inference of willful disobedience and contempt of court where there has been a subsequent missed payment without notice of good cause to the court."	Ability to pay
Add to Dashboard + Create New	Tennessee	See Tenn. Code Ann. § 40-24-105(d)(1)	Collection; fines, costs and litigation taxes; license revocation	Which fines and/or fees may be collected by a private vendor?	Statutory law provides that all fines and fees may be collected by a private vendor when a defendant has been in default for more than six months.	"After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain + See more an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes."	Enforcement
Add to Dashboard + Create New	Tennessee	Tenn. Op. Att'y Gen. No. 89-104 (Aug. 17, 1989) (citing State ex rel. Wright v. Upchurch, 254 S.W.2d 748, 749 (Tenn. 1953))	Whether a Defendant Found in Willful Contempt of Court for Failure to Pay Child Support May Be Incarcerated Where He Lacks the Present Ability to Pay the Arrearage.	Who has the burden of proof in an ability to pay determination? What is the standard of proof required?	At least in civil contempt proceedings, the burden of proof is on the defendant.	"In any case, the inability to pay is an affirmative defense to a petition for civil contempt and the burden of proof is on the defendant to establish his inability + See more to pay."	Ability to pay
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104; Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989)	Imprisonment for Contempt for NonPayment of Fines	Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?	Statutory law provides that ability to pay must be considered when collecting fines, but at least some courts consider ability to pay when imposing fines and fees as well.	If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into + See more and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor. In the instant situation, the following circumstances form the factual basis resulting in the issuance of a capias for contempt of court: When a fine is imposed, a hearing is held at the same time to determine the defendant's ability to pay. If it appears that defendant cannot pay, the case is continued for several months to see if circumstances change during that time. If the court determines that defendant is able to pay or to make payments, a payment schedule is set up. Defendant is instructed at that time to notify the court if any emergency comes up and, if so, the court will consider defendant's excuse. If defendant thereafter misses a payment and has not notified the court, then a capias is issued for his arrest for contempt of court, since there has already been a finding that that defendant is able to pay.	Ability to pay
Add to Dashboard + Create New	Tennessee	Town of Nolensville v. King, 151 S.W.3d 427, 433 (Tenn. 2004); TN Const. Art. 6, § 14;	case law	What authority do county or municipal courts have to set fines or fees?	The Tennessee constitution does not allow a county or municipal court to set a fine or fee greater than $50 without a trial by jury.	"Accordingly, for the reasons stated herein, we hold that Article VI, section 14 of the Tennessee Constitution prohibits a municipal court judge from imposing fines in excess of fifty dollars + See more for a violation of a municipal ordinance, absent a valid waiver of the defendant's Article VI, section 14 right."	Fines and fees
Add to Dashboard + Create New	Tennessee	Corum v. Holston Health & Rehab. Ctr., 104 S.W.3d 451, 454 (Tenn. 2003)	case law	What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?	The state supreme court has the power to impose rules which govern the practice and procedure of the lower courts.	"[I]t is well settled that the Tennessee Supreme Court has the inherent power to promulgate rules governing the practice and procedure of the courts of this state. This inherent power + See more exists by virtue of the establishment of a Court and not by largess of the legislature"	Enforcement
Add to Dashboard + Create New	Tennessee	State v. Smith, No. C.C.A. 86-121-III, 1986 WL 10893 (Tenn. Crim. App. Oct. 3, 1986)	case law	Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law?	This has not been explicitly addressed by courts. However, in the right-to-counsel context, Tennesee generally recognizes that conflicts of interests should be avoided where they are likely to occur.	Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect + See more each defendant's right to counsel.	Enforcement