Amends TCA Title 8, Chapter 6; Title 39; Title 40 and Title 55.

This bill creates a statewide 24/7 sobriety program to be administered by the office of the attorney general and reporter. The program must coordinate efforts among various state and local government entities for the purposes of finding and implementing alternatives to incarceration for certain offenses that involve driving under the influence and other offenses involving alcohol, marijuana, or controlled substances. Under this bill:<br /> <br /> (1) Each county, through the sheriff, may participate in the program. If the sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice-a-day testing is ordered, the sheriff or designated entity will establish the testing locations and times for each county with at least one location and two daily testing times approximately 12 hours apart;<br /> <br /> (2) The department of correction may participate in the program for electronic alcohol monitoring device testing and mobile breath alcohol testing of a parolee; <br /> <br /> (3) A court may condition: <br /> <br /> (A) Any or pre-trial release upon participation in the program and payment of associated costs and expenses by the defendant;<br /> <br /> (B) The granting of a suspended sentence or probation upon participation in the program and payment of associated costs and expenses by the defendant; or<br /> <br /> (C) At any stage of the proceedings pursuant to present law provisions regarding juvenile courts and proceedings, the placement or return of an apparent, alleged, or adjudicated dependent or neglected child on the child's parent or guardian participating in the program and payment of associated costs and expenses; <br /> <br /> (4) The board of parole may condition parole upon participation in the program and payment of associated cost and expense; and <br /> <br /> (5) The office of the attorney general and reporter will promulgate rules for administration of this bill and to, among other things, regulate the nature, method, and manner of testing. <br /> <br /> This bill also: <br /> <br /> (1) Details how any fees collected under this bill must be distributed, including requiring any daily user fee collected in the administration of twice-a-day testing, drug patch testing, or urinalysis testing under the program be collected by the sheriff or designated entity and deposited with the county treasurer of the proper county; and<br /> <br /> (2) Creates the 24/7 sobriety fund to be maintained and administered by the office of the attorney general and reporter to defray costs of operating the program. The office of the attorney general and reporter may accept for deposit into the fund money from donations, gifts, grants, participation fees, and user fees or payments. Expenditures from the fund must be budgeted through the normal budget process, and unexpended funds and interest must remain in the fund.<br />