Tennessee Code Annotated

Title 40: Criminal Procedure

Chapter 11: Bail

Part 1: Admission to Bail

TCA 40-11-105: Right to bail -- Bail by clerk -- Maximum amounts.

(a) (1) When the defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal court, or by the clerk of any circuit or criminal court; provided, that if admitted to bail by the clerk of any circuit or criminal court, the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive, and shall be given notice of this fact by the clerk.

(2) The clerk of any circuit or criminal court may only admit the defendant to bail when the judge is not present in the court and the clerk reasonably believes that the judge will not be present within three (3) hours after the defendant has been committed to the county or city jail, following arrest.

(b) Except as provided in subsection (c), in no event may a clerk set the amount of bail in excess of:

(1) One thousand dollars ($1,000) if the defendant is charged with a misdemeanor;

(2) Ten thousand dollars ($10,000) if the defendant is charged with a felony that does not involve a crime committed against a person;

(3) Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a crime committed against a person; or

(4) One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide.

(c) A clerk may set the amount of bail in excess of the listed amounts in subsection (b) if the defendant is deemed a risk of flight pursuant to SC 40-11-118.

History: [Acts 1978, ch. 506, SC 5; T.C.A., SC 40-1205; Acts 2012, ch. 1011, SCSC 2, 3.