40-11-118 - Execution and deposit Bail set no higher than necessary Factors considered Bonds and sureties. - Tennessee Statutes

40-11-118. Execution and deposit Bail set no higher than necessary Factors considered Bonds and sureties.

(a)  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. 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.

[Acts 1978, ch. 506, § 18; 1982, ch. 620, § 1; T.C.A., § 40-1218; Acts 1992, ch. 946, § 1; 1996, ch. 851, § 1.]