Amends TCA Title 39; Title 40; Title 55 and Title 69.

ON APRIL 20, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2000, AS AMENDED. AMENDMENT #1 rewrites this bill to require a private entity that enters into a written contract or agreement with a government entity of this state to provide supervision, counseling, or collection services for offenders using an electronic monitoring device, excluding ignition interlock providers, (a "contract service provider") to: (1) Have a written contract with the government entity containing nine terms specified in the full text of this amendment; and (2) Maintain general liability insurance coverage of at least $1,000,000 at all times while providing contract services and provide the government entity with written documentation of the insurance coverage. The full text of this amendment specifies 10 responsibilities of a contract service provider. The full text of this amendment also establishes experience, background, and confidentiality requirements for: (1) Each director of a contract service provider; (2) Person employed as a caseworker with a contract service provider; and (3) Employee with a contract service provider (other than a caseworker) who provides services to offenders, who has access to contract service provider records, who has telephone or face-to-face contact with offenders, or who has access to offender data. This amendment requires contract service providers to: (1) Provide annual training to all employees consisting of a minimum of 40 hours of instruction. The full text of this amendment specifies 12 subjects that must be included in the annual training; (2) Provide the contracting government entity with a report in such detail and at such time intervals as required by the contracting government entity and the court; (3) Maintain certain records and make the records available and accessible for inspection by the contracting government entity and the court; (4) Make records, files, and other documentation pertaining to an individual offender available to a law enforcement agency requesting the records in writing if the offender is the subject of an investigation or a potential witness in an active case; (5) Notify the contracting government entity and the court in writing within 10 days of the effective date of a transaction by which the contract service provider becomes associated with another corporation, enterprise, or agency; and (6) Notify the contracting government entity and the court in writing of any change in the contract service provider's location, address, or telephone number. This amendment prohibits a contract service provider from doing the following: (1) Assessing, collecting, or disbursing any funds pertaining to the collection of court-ordered monies, except by written order of the court; (2) Offering any program service or component for an additional fee unless the fee charge has been ordered by the court; or (3) Asserting or representing that it is owned, operated, or endorsed by this state or any political subdivision of this state. This amendment prohibits the following persons from owning, operating, directing, or serving as an employee or agent of a contract service provider: (1) A person for whom owning, operating, directing, or serving as an employee or agent of the contract service provider would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business, or personal relationship with any offender, or due to the existence of any other relationship that would place the owner, operator, employee, or agent in a position to exert undue influence on, exploit, take undue advantage of, or breach the confidentiality of any offender; or (2) A judge, public probation or parole officer or employee, court employee, detention or correctional agency employee, law enforcement agency employee, or any spouse thereof, if the contract service provider's services are provided within the same jurisdiction served by the judge, public or private probation office, court, detention or correctional agency, or law enforcement agency. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2000 FOR HOUSE BILL 2040, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2000, AS AMENDED. AMENDMENT #1 specifies that "contract service provider" does not include an electronic monitoring device manufacturer or producer. This amendment also revises some of the responsibilities of a contract service provider and the experience, background, and confidentiality requirements for the directors, persons employed as a caseworker with a contract service provider, and employees with a contract service provider (other than a caseworker) who provides services to offenders, who has access to contract service provider records, who has telephone or face-to-face contact with offenders, or who has access to offender data. This amendment revises the training requirements from "annual training of at least 40 hours of instruction" to "at least 40 hours of orientation training that must be completed within six months of employment and 20 hours of annual in-service training." This amendment requires that fingerprint-based criminal background checks required by this bill must be conducted by the TBI, FBI, or both, and specifies that the contract service provider will be responsible for the cost of the criminal background check. The results of the criminal background check must be forwarded to the contracting government entity. This amendment sets out in detail other requirements of the contracting government entity in regard to background checks.