AN ACT to amend Tennessee Code Annotated, Section 40-35-302, relative to sentencing requirements for certain misdemeanor offenders.
HB0371 amends Tennessee sentencing law for certain misdemeanor offenders by requiring a person convicted of a Class A misdemeanor in general sessions court to complete a cognitive behavioral training course, unless the court finds that requirement inappropriate. If the sentence includes jail time, the course must be completed after incarceration. The bill also requires the offender to pay for the course, limits the county’s financial responsibility even for indigent defendants, and allows the court to hold a person in contempt for willfully failing to complete the course or provide proof of completion.
The bill sets detailed standards for any qualifying course. It must be available online and on mobile devices, offered in languages other than English, cost no more than $100 with payment options, and include some human interaction such as grading, feedback, or guidance. Online providers must already serve federal, state, or local entities, have documented effectiveness, provide phone support at least five days per week, issue completion certificates within 72 hours, and supply counties with informational or referral materials at no cost. Counties and municipalities may offer in-person programs, but if they do, they must also offer an online option meeting the same requirements.
The bill changes Tennessee Code Annotated section 40-35-302 by adding a new sentencing condition for Class A misdemeanor convictions in general sessions court. It creates a mandatory cognitive behavioral training requirement, establishes enforcement through contempt, and shifts the cost of the program to offenders rather than counties. The act applies only to offenses committed on or after July 1, 2025, and it affects courts, counties, municipalities, offenders, and private or public providers of cognitive behavioral training services.
The bill appears to have broad support in the legislative process, passing subcommittee and committee stages unanimously and clearing the House floor with a strong majority. The final floor vote was 89-3 on regular calendar passage, indicating generally favorable sentiment toward using cognitive behavioral training as a sentencing tool for misdemeanor offenders. The limited opposition suggests the concept was largely accepted, though not without some dissent.
The main points of contention are likely the mandatory nature of the training, the requirement that offenders pay for it, and the fact that counties are not required to cover the cost even for indigent defendants. Another potential issue is the enforcement mechanism, which allows contempt and up to 10 days of confinement for willful noncompliance. The bill also imposes operational requirements on course providers, including online access, multilingual availability, human facilitation, and quick certificate issuance, which may raise implementation and compliance concerns for counties and vendors.