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SB 2388

Criminal Procedure - As introduced, increases from $10 to $15 the minimum fee a defendant must pay per month as part payment of expenses incurred by the agency, department, program, group, or association supervising the defendant; removes the limitation on the penalty for illegally possessing a telecommunication device in a penal institution that required the Class E felony to be punished by a fine only; specifies that when an autopsy is requested by a municipality or municipal law enforcement agency, the cost of the autopsy must be paid by the municipality unless the cost is paid by the state. - Amends TCA Title 38; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Joey Hensley

The bill raises probation/judicial-diversion supervision fees, shifts autopsy costs to the municipality, and allows broader penalties (not just fines) for illegal telecommunication

Placed on Senate Regular Calendar for 4/22/2026
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Bill Summary · SB 2388

Summary of SB 2388 (Session 114, Tennessee)

Purpose and Intent

SB 2388, as amended, makes targeted changes to criminal procedure in Tennessee. The bill focuses on:
- adjusting certain probation/judicial-diversion supervision fees (increasing the minimum and maximum amounts),
- clarifying the penalty framework for possessing telecommunication devices in penal institutions (removing a restriction that the offense be punished by a fine only),
- and directing autopsy costs in cases where autopsies are requested by municipalities or municipal law enforcement (specifically who pays).

Key Provisions

  1. Autopsy Costs (TCA Titles 38, 39, 40)

    • When a municipality or municipal law enforcement requests an autopsy, the cost must be paid by the municipality unless the state pays. This clarifies cost responsibility for autopsies requested by local authorities.

  2. Supervision Fees for Probation/Judicial Diversion (TCA § 40-35-303(i)(1) and § 40-35-313(a)(1)(A))

    • The minimum monthly payment required of eligible defendants is increased from $10 to $15.
    • The amended statute also raises the maximum monthly payment limit, effectively increasing the range to a maximum of $60 per month (previously $45 maximum in one section and $35 in another), with the defendant’s monthly payment still determined by the supervising entity and defendant’s ability to pay.
    • Fees are paid to the clerk of the court, who disburses them to the appropriate supervising entity. The clerk may retain up to 5% of collected proceeds for administering the collection.

  3. Telecommunication Devices in Penal Institutions (TCA § 39-16-201)

    • The law removes the existing limitation that a Class E felony for illegally possessing a telecommunication device in a penal institution be punishable by a fine only.
    • The offense would no longer be restricted to a punishment limited to fines; this could allow imprisonment or other penalties in addition to or instead of fines.

Who/What Is Affected

  • Defendants subject to misdemeanor supervision through probation or judicial diversion programs (county-level implementations of supervision costs).
  • Municipalities and municipal law enforcement agencies requesting autopsies, and the state as it relates to funding/autopsy costs.
  • Individuals found in illegal possession of telecommunication devices in penal institutions (potentially changing sentencing outcomes from fines-only to broader penalties).

Procedural and Timeline Aspects

  • The amendments apply to current statutory provisions for supervision fees (40-35-303(i)(1) and 40-35-313(a)(1)(A)).
  • The bill went through committee consideration and was scheduled for Senate Finance, Ways, and Means after passage in Judiciary, with additional calendar entries reflecting ongoing readings and potential fiscal impact discussions.
  • Fiscal notes estimate state incarceration cost increases and potential local revenue changes due to higher monthly fees, but emphasize that local revenue timing and amounts depend on current defendant participation and county practices.

Fiscal Impact (as Amended)

  • State: Estimated increase in incarceration costs of about $2.43 million annually (starting FY26-27 through FY28-29), reflecting the broader penalties for telecommunication-device offenses.
  • Local: Potential increase in county revenue from higher monthly supervision fees, though exact amounts depend on county-level conditions and the number of affected defendants.
  • Autopsy costs: Generally not expected to create significant new expenditures; cost responsibility shifted toward the locality unless covered by the state.

Sponsors: Coresponsor Joey Hensley, with Senate action history indicating passage in committees and readings leading to floor consideration.

Compiled from official sources — confirm details with the bill’s official record.

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