Tennessee legislation · 114th General Assembly
Tennessee SB1868: AN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1, relative to children.
Status: Chaptered, May 27, 2026
Fiscal Summary STATE GOVERNMENTEXPENDITURESGeneral FundFY26-27 & Subsequent Years$10,720,600 OTHER FISCAL IMPACT The Governor's proposed budget for FY26-27, on page A-38, includes a recurring appropriation in the amount of $10,721,000. Bill Summary Present law describes when a child may be detained in a secure facility. This bill expands present law by providing that a child may be detained in a secure facility when there is probable cause to believe the child is a child in need of heightened supervision. As used in this bill, a "child in need of heightened supervision" means a child who a court determines meets either of the below requirements: The child has exhibited or threatened violent behavior consistent with first degree murder; second degree murder; rape; aggravated rape; rape of a child; aggravated robbery; especially aggravated robbery; kidnapping; aggravated kidnapping; especially aggravated kidnapping; aggravated assault; felony reckless endangerment; aggravated sexual battery; voluntary manslaughter; criminally negligent homicide; sexual battery by an authority figure; statutory rape by an authority figure; prohibited weapon; unlawful carrying or possession of a firearm; carrying weapons on school property; carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds; handgun possession; providing handguns to juveniles; any felony drug offense; or cruelty to animals. This applies regardless of whether a petition has been filed alleging the child committed a delinquent act and regardless of the child's adjudication or diversion status. The child is incompetent to be adjudicated delinquent but has exhibited behavior consistent with a violent offense or an attempt to commit a violent offense, including those listed above. APPROPRIATE LOCATIONS FOR DETAINED CH
What the bill says
From the amended text:
Amendment No. 2 to SB1868 Campbell Signature of Sponsor AMEND S e n ate Bill No. 1868* House Bill No. 2526 by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 37-1-131(a)(2)(A)(v)(c)(2), is amended by deleting the subdivision and substituting: (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v)(c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six-month period if the court finds after a hearing or stipulation that: (A) (i) The child needs services or treatment that are available only if the child is in custody; and (ii) The services or treatment the child needs are evidence-based and will be provided by a qualified provider; or (B) (i) The child committed an assault against a staff member at the child's residential placement if the court finds: (aa) The placement was fully staffed with appropriately trained and credentialed professionals qualified to serve the child; (bb) The alleged assault was not related to staff misconduct or inadequate training; and SA1048 (cc) The alleged assault was not …