Alternative Electronic Monitoring Indigency Fund (AEMIF)

1.       The purpose of the AEMIF endowment grant is to help offset a Tennessee county’s indigent costs for the use, monitoring, and maintenance of an alternative device, such as transdermal monitoring device, other alternative alcohol or drug monitoring device, required pursuant to § 40-11-118(d)(1)&(2), § 55-10-402(d)(2)(A)(iii), § 55-10-402(h)(7), or any other applicable law for a person determined by a court to be indigent.

2.       Alternative Electronic Monitoring Indigency Fund grants are provided as an appropriation grants. At application, agencies submit the number of device months paid from the most recent previous fiscal year in which data is available. The grant funding available is subject to annual appropriation and the amount allocated is based upon a formula which uses eligible device months paid across applicant counties as submitted during the application for the program. 

3.       The Alternative Electronic Monitoring Indigency Fund grant is limited to payments for devices required to be worn by court order by persons as a condition of bond, pretrial release, pretrial diversion, judicial diversion, as part of sentencing, probation, or other alternative sentencing who are determined by the court to be indigent as prescribed by statute.  There are three prerequisites to charge expenses against AEMIF grant funds maintained by the county: a court order for electronic monitoring, an affidavit of indigency, and an attestation from the provider that the charges in the claim are true, accurate, unduplicated, and not previously paid. 

4.      By statute, a provider must be paid no more than a total sum of two hundred dollars ($200) per month for the eligible costs for each AEMIF eligible device, with a minimum of thirty dollars ($30.00) per month paid to the provider by the indigent party and the remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170) per month, paid by the county.  The county is liable for up to one hundred seventy dollars ($170) per each device month of which, half the cost up to eighty-five dollars ($85) may be charged to the county’s AEMIF grant funds.  The county is liable for up to the full one hundred seventy dollars ($170) per month for the balance of the fiscal year once their AEMIF endowment is expended. 

5.       Counties may charge half the cost of expenses up to the eighty-five dollars ($85) per device month statutory limitation against AEMIF grant funds for actual costs of eligible devices, processing, and monitoring via their county government pretrial, probation, or similar services. 

6.       Counties may utilize or rely on third party vendors to provide eligible devices, processing, and monitoring services and charge half the cost of expenses up to the eighty-five dollars ($85) per device month statutory limit against the county’s AEMIF grant funds.  Counties should follow their prescribed and accepted procurement procedures.

7.       The receipt or expenditure of grant funds received by a county under § 55-10-419 are subject to audit by the comptroller of the treasury or the comptroller's designee.

8.       Key Definitions:

8.1. “Alternative - Electronic Monitoring Indigency Fund (AEMIF)” (“EMIF Fund” or “the fund”) means the collective funding in a county including state endowed funds for the purpose of paying costs of eligible Alternative (and/or) Electronic Monitoring devices for indigent offenders.

8.2. "Alternative device" means a transdermal monitoring device, other worn or carried alcohol or drug monitoring device.

8.3 “Device month” means each court ordered device per person per month. For example, an indigent offender ordered to wear a transdermal drug detection patch, and an alcohol monitoring device would be counted as two (2) device months for each month worn pursuant to the court order.  Each device is subject to the offender’s thirty-dollar ($30) portion of the device expense.

8.4. “Eligible costs” means the costs paid from the fund that are associated with:

The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2), § 55-10-402(d)(2)(A)(iii), § 55-10-402(h)(7), or any other applicable law for a person determined by a court to be indigent; Total device costs must not exceed two hundred dollars ($200) per individual per month. Indigent persons must be ordered to pay at least thirty dollars ($30) per month towards their total cost. Grant funding cannot be just to pay any portion of the thirty dollar ($30) indigent person’s amount.  The device must meet the definition of “Eligible Devices” above.

8.5. “Indigent” means a person who has been determined by a court to not possess sufficient means to pay for eligible costs applying the factors in subdivision 55-10-419(h)(4)

8.6. “Legacy Device” means a device that is otherwise qualifying as an eligible device where the monitoring order and indigency finding/order were issued prior to October 1, 2023.  Local governments are bound by the conditions of pre-existing orders.  Offenders cannot be mandated to pay $30 towards the cost under the revised 55-10-419 of the devices but must pay any amount the Court ordered in the order for the device.

8.7. “Local government” means a county or metropolitan government.

8.8.  “Offender” for OCJP purposes, refers collectively to a person who is ordered by a Court to wear an AEMIF eligible device as condition of bond or pretrial release, or a person who is ordered by a Court as a condition of probation or alternative sentence to wear an AEMIF eligible device.  It is not a reference or statement regarding the person’s status of conviction.

8.9.  “Provider” / “Contract service providers” means vendor/provider of an alternative device and/or service.  The requirements for providers are found in TCA § 55-10-426.

8.10. “Statutorily Required Documentation” means documentation required by the statute in support of an invoice or claim for it to be paid from the AEMIF.  The statute requires: (1) The court order requiring the device; (2) The affidavit/order of indigency, and any other information considered by the court to arrive at a determination of the person's indigency; and  (3) An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted for reimbursement.

It is suggested vendors include and acknowledge the attestation, (3) above, on their invoices.

The new Affidavit of Indigency prescribed by the Administrative Office of the Courts includes the calculations and financial conditions considered by the Court in making its determination and the Court’s Order to use the indigency fund to affect the separate electronic monitoring order.  It is sufficient for OCJP purposes to constitute “any other information considered by the court” to arrive at a determination of the person's indigency”.

The Affidavit of Indigency and Order as one document are available in English and Spanish as “EMIF - Uniform Affidavit of Indigency” from the Administrative Office of the Courts website under Trial & General Sessions Court Forms.

1.           Counties and Metropolitan governments who are responsible for the installation and monitoring of “alternative devices” pursuant to a court order and who is mandated under TCA 55-10-419 to pay a portion of these costs for indigent persons.

2.           Only one application will be accepted per county or metropolitan government. If a county or metropolitan government contains multiple agencies responsible for the installation and monitoring of “alternative devices” they are encouraged to collaborate.

Ignition Interlock devices are not eligible for reimbursement under this program. 

For information on the ignition interlock program see the Tennessee Department of the Treasury website.  Treasury manages the Interlock Program.

General Requirements

1.1 Agencies must meet all other relevant requirements of grant management as set out in the OCJP Grants Manual.

1.2 Agencies must follow Generally Accepted Accounting Principles and maintain internal controls.

1.3. A grant accounting system must be in place that accurately accounts for funds awarded to the county. The system must maintain an accurate record with ability to report on the receipt, obligation, and expenditure of grant funds, including the ability to track grant funds separately from other funds.

1.3.1 Agencies must maintain invoices and records supporting invoices including:

1.3.1.1. The electronic monitoring order,

1.3.1.2. The indigency finding/order,

1.3.1.3. Any subsequent amending orders,

1.3.1.4. A provider attestation indicating that the charges contained in the claim or invoice are true and accurate and do not contain duplicate claims or charges previously submitted for reimbursement.

1. AEMIF subrecipients must meet all allowable and unallowable cost requirements listed in the OCJP Grants Manual Chapter XIV. And XV.

2. The only allowable cost is the sharing of a county’s cost for their AEMIF up to a maximum of eighty-five dollars ($85) per device, per person, per month. 

2.1 Beginning October 1, 2023, A provider must be paid no more than a total sum of two hundred dollars ($200.00) per month for the eligible costs for an eligible device.

2.2. Of the $200, a minimum of thirty dollars ($30.00) per month must be paid to the provider by the indigent defendant. 

2.3 The remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170.00) per month, paid to the provider from the fund.

2.4.  No more than eighty-five dollars ($85.00) per device per month may be charged against the endowed funds held by the county in their AEMIF fund. 

2.5. County and state funds should be “billed” proportionally at 50% each for invoices with state funds billed no more than $85.

2.6. Counties are responsible for any costs over the $85 in endowed funding on legacy orders. 

3. Endowment funds are provided once during the fiscal year subject to fund availability.

3.1. No additional funds will be awarded. 

3.2. Once a county’s endowed funds are expended, the county is solely responsible for invoices charged to their AEMIF fund.

4.  55-10-419 establishes the AEMIF eligible offenses for which an electronic or transdermal monitoring device or other alternative alcohol or drug monitoring devices may be ordered as a condition of release, probation, or alternative sentence.

4.1. § 40-11-118(d)(2), Drug and alcohol monitoring as a Special Condition of Release of Defendant Pre-trial.

4.1.1 As a special condition of bond/pretrial release for a defendant whose alleged offense involved the use of alcohol who has one (1) or more prior convictions of § 55-10-401, vehicular assault, under § 39-13-106, aggravated vehicular assault, under § 39-13-115, vehicular homicide, under § 39-13-213(a)(2), or aggravated vehicular homicide, under § 39-13-218. 

4.2 § 40-11-148 Special Condition Required When Defendant Charged with Commission of Crime While Free on Bail.

4.2.1. If a defendant has been released on bond for: driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under

§ 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, and while released, is arrested on the listed offenses, the court shall consider the use of a transdermal monitoring device or other alternative alcohol monitoring device as a special condition for the defendant’s release on bond in addition to any other statutory requirements.  If the defendant is found indigent, the defendant must pay a minimum of $30 a month toward the cost of the monitoring device with the balance eligible to be paid by AEMIF.

4.3. § 40-11-152, Global Positioning Monitoring System (GPS) as a Condition of Bail / Pre-trial release…

4.3.1. As amended effective July 1, 2024, GPS monitoring as a condition of bail for indigent offenders charged with domestic violence, sexual assault and stalking offenses and required to wear a GPS device are no longer eligible for AEMIF/EMIF.

4.4. § 55-10-402(d)(2)(A)(i)(ii), & (iv) Drug, Alcohol and GPS Monitoring as A Penalty, Condition of Probation or Alternative Sentencing for DUI.

4.4.1.  After service of at least the minimum sentence day for day, the judge has the discretion to require an individual convicted of a violation of § 55-10-401…

4.4.2.  …to be subject to monitoring using one (1) or more of the following: (i)Transdermal or other alternative alcohol or drug monitoring device:

(ii) Electronic monitoring with random alcohol or drug testing.

(iii) Global positioning monitoring system.

(iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.

4.4.3 § 55-10-402(d)(3) … a person violating § 55-10-401, upon conviction for a third or subsequent offense, shall pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance under this part, regardless of whether the person is indigent.

4.5. § 55-10-402(h)(7), Penalty for violations of § 55-10-401 (Driving under the Influence of alcohol or intoxicant / DUI) as a requirement in addition to intensive outpatient treatment.

4.5.1 Where the Court orders intensive outpatient treatment, it may also order an offender to use GPS, electronic or transdermal monitoring devices or other alternative alcohol or drug monitoring devices that the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation.

4.6. (Drug and alcohol monitoring devices) as a condition of probation, pre-trial or judicial diversion sentence pursuant to “any other applicable law…” “where defendant’s use of alcohol or drugs was a contributing factor in the defendant’s unlawful conduct”. 

4.6.0 NOTE: There is no statutorily authorized use of AEMIF funds for GPS devices as a condition of release, penalty, diversion, probation or parole.

4.6.1. T.C.A. 69-9-219(c)(3) Boating Under the Influence BUI Probation Condition.

4.6.2. T.C.A. 40-35-303 (d)(12)(A) Probation Condition if defendant’s use of alcohol or drugs was a contributing factor in the defendant’s unlawful conduct. 

4.6.3. T.C.A. 40-15-105 (a)(2)(I) Pre-Trial Diversion Condition if defendant’s use of alcohol or drugs was a contributing factor in the defendant’s unlawful conduct.

4.6.4. T.C.A. 40-35-313 (a)(1)(B)(iii) Judicial Diversion Condition if defendant’s use of alcohol or drugs was a contributing factor in the defendant’s unlawful conduct. 

5. T.C.A 55-10-426 sets forth the requirements of a contract service provider for Alternative Electronic Monitoring Indigency Fund devices. 

5.1.  Counties should procure contract service providers using their normal procurement and contracting procedures.

5.2.  Participating counties are responsible for ensuring their providers meet qualifications and maintain records or certifications the provider meets 55-10-426 requirements in the grant file.

The Project Director is responsible for timely submission of completed program reports each quarter and at the end of the year. Inability to submit required reports in a timely fashion is considered a failure of required contract obligations. 

1. Quarterly Report

Quarterly reports are filed online at: File Quarterly Report

This is a two-part report. The first part is a Formstack report, and the second part is a tracking spreadsheet which is uploaded via Formstack. The spreadsheet tracks the following data on two tabs. 

Download the AEMIF Quarterly tracking Excel spreadsheet. RON Add hyperlink to report Quarterly AEMIF Reporting Sheet

NOTE:  Agencies may use the workbook/spreadsheet for their day-to-day documentation and tracking.  When reporting a quarter, save the workbook with a new name and delete the lines not in the quarter being reported so that only that quarter remains in the copied workbook.  The copied workbook becomes the county’s quarterly report without duplicating effort and keeps the original as an ongoing tracking device for the county.

1.1   EMIF Records Tab and LEGACY EMIF Records Tabs on the spreadsheet.

NOTE:  Use the “Report EMIF Records” Tab for orders issued on or after October 1, 2023.  Use the “Report Legacy EMIF Records” Tab for orders predating October1, 2023 that are still active, because the $30 minimum does not apply to legacy orders.

INSTRUCTIONS:  Enter one device, per person, per month, per line incurred during this QUARTER of the FISCAL YEAR.

Example:

·        An individual with one device billed all or part of two months in the quarter, would have two lines – one for each month billed.

·        An individual with two devices billed all or part of three months, would have six lines – one line for each device for each month billed.             

1.1.1 Client Last Name               The last name of the indigent person.

1.1.2 Client First Name               The first name of the indigent person.

1.1.3 Month being reported       The month for which the county was invoiced for a device for an indigent person.

1.1.4 Total Rate                             The pro-rated or full monthly cost of the device (must be less than $200 to qualify).  Be sure to include the offenders court ordered portion.

1.1.5. Client Responsibility        The monthly cost the client was ordered to pay. (Must be $30 or greater to qualify for orders issued after October 1, 2023).  USE the LEGACY TAB for orders predating October1, 2023 that are still active because the $30 minimum does not apply to legacy orders.

1.1.6 Effective Total                     Will automatically calculate the total rate minus the offender portion.  The amount to be divided between the county and state grant funds.

1.1.7 Grant Allowable                 Will automatically calculate the amount of the effective total that can be charged to the grant up to a maximum of $85.

1.1.8. County’s Cost                    Will automatically calculate the county’s liability which is up to $85 on device orders after 10/1/2023 and up to $115 on legacy device orders predating 10/1/2023.

1.1.9 Notes                                     Anything the county needs to document for OCJP such as reporting a previously unreported device month outside the quarter it occurred.  Or any other relevant information the county needs to document for OCJP or the county.

1.1.10 Discretionary                    The columns in gray are provided for the county’s convenience.  They are not part of the required report, but it is not necessary to delete them for the report.

1.2. Summary Sheet Tab:  This tab functions as a validation check of sorts. There are only three cells on this page to change. County Name, Fiscal Year, and, Quarter, which are all pull-down menus.  Complete the summary tab first so the reporting tabs validate properly.

The other fields will automatically populate from the data entered in the report tabs at the bottom of the Excel report. The data listed on the Summary Sheet tab is automatically calculated from the Report EMIF Records and the Report Legacy EMIF Records tabs.

2. Annual Report

AEMIF Year End Report – This report is filed online and due annually by July 31 of each year.

Endowments for Alternative Electronic Monitoring Indigency Funds are state earmarked funding subject to audit by the Comptroller of the Treasury or their delegated agency.

1.        Can AEMIF funds continue to be used for an indigent defendant ordered to wear an AEMIF eligible device as a condition of bond in General Sessions or court of concurrent jurisdiction if their case is bound or waived to the grand jury?

o   Yes

2.         Can AEMIF funds continue to be used for an indigent defendant ordered to wear an AEMIF eligible device as a condition of bond in General Sessions or court of concurrent jurisdiction if they are indicted and pre-trial in circuit or criminal court?

o   Yes

3.         Can AEMIF funds be used for an indigent defendant ordered to wear an AEMIF eligible device as a condition of probation or judicial diversion ordered by a circuit or criminal court?

o   Yes

4.        Does the 2025 amendment of 55-10-419 by Public Chapter 0269 make person who receive SNAP, TANF or TennCare/State Medicare presumptively indigent for alternative devices under AEMIF?

o   No.  PC0269 amended 55-10-419(h)(4) to make persons ordered to use specifically an ignition interlock device presumptively indigent if they receive SNAP, TANF or TennCare / State Medicare and removes the necessity of an affidavit of indigency. Persons ordered to use an alternative device such as a patch or monitor must still establish indigency via the prescribed affidavit and court hearing. 

5.         Can an offender or victims GPS devices be covered by AEMIF funding?

o   No.  Effective July1, 2024, pursuant to TCA 40-11-152(h) A defendant ordered to wear a global positioning monitoring system device or to provide the victim with a cellular device application or an electronic receptor device… (b) shall pay all costs associated with operating that system\\\\ The defendant is not eligible for assistance from the electronic monitoring indigency fund, as established pursuant to § 55-10-419, regardless of whether the defendant is indigent.

6.        Pursuant to the July 1, 2025, PC0253 revision to 40-11-152, can AEMIF grant funds be used as an “alternative funding source” to pay for the operation or arrearages of a defendant’s GPS or their victim’s GPS systems under 40-11-152(Pending)(1)(C)(i)?

o   No. PC0253 did not amend the 40-11-152 (h) requirement that: A defendant ordered to wear a global positioning monitoring system device or to provide the victim with a cellular device application or an electronic receptor device… (b) shall pay all costs associated with operating that system\\\\ The defendant is not eligible for assistance from the electronic monitoring indigency fund, as established pursuant to § 55-10-419, regardless of whether the defendant is indigent.

7.        Can county budgeted funds set aside for the purpose of matching AEMIF alternative or electronic monitoring grant funds to pay for a defendant’s or their victim’s GPS monitoring devices pursuant to a show cause hearing where the defendant has not or is able to pay for GPS monitoring?

o   Presumably, yes... 

1.        If the county structured the budgeted funds as BOTH match funds for their AEMIF grant AND to “pay the costs associated with operating the defendant's global positioning monitoring system device and the costs associated with providing the victim with a cellular device application or an electronic receptor device. it would seem to satisfy 40-11-152 (Pending)(1)(C)(ii) “alternative funding source”. 

2.        OR the county established a separate county funded line or “alternative source” for the purpose of funding GPS devices in the above circumstances.

3.        BUT none of the cost can be billed against AEMIF grant funds.  The entire cost must be borne by the county funds only. 

8.         An offender is being served based on electronic monitoring and indigency orders issued before October 1, 2023.  Is that offender responsible for the (minimum of) $30 offender portion that went into effect October 1, 2023?  And, how much of the (up to) $170 balance per device month may be charged against the grant?

o    The court order predates the statutory change.  An offender being served based on a “legacy order” predating October 1, 2023, should not pay the mandated $30 offender portion unless the order is/was amended after October 1 by the Court.  The new or amended order should include the mandated $30 offender portion. 

1.        The county may charge up to $85 per device month for service under the pre-October 1 orders against grant funds.  The liability for the difference is to the county.

9.         Can an offender be ordered to pay more than $30 per month toward an AEMIF eligible device?

o   Yes, at the discretion of the Court: (h)(2) If a court determines that a person is indigent, then the court shall order the person to pay a minimum of thirty dollars ($30.00) per month toward the eligible costs for a functioning alternative device.

10.   Where do county’s send the electronic monitoring and indigency orders for approval before paying invoices?

o   The county is solely responsible for maintaining the statutorily required documentation, approving, and paying invoices, and reconciling against grant funds.  The county will make an accounting to OCJP at the end of the fiscal year. 

1.        Remember these are state earmarked funds, subject to audit by the Comptroller or their designate.

11.   Must our Court use the Administrative Office of the Courts (AOC) Order for Electronic Monitoring and Affidavit/Order of Indigency?

o   AOC created the Order for Electronic Monitoring Order in conjunction with the revised Affidavit/Order of Indigency (available on their website under General Sessions Court Forms) as a convenience.  The Court does not have to use AOCs, but they must have something comparable that equates as an Order for Electronic Monitoring.

o   The Court must use the AOC’s Affidavit of Indigency.  The statute (h)(3): “All statements made by the person must be by written affidavit of indigency created by the Administrative Office of the Courts and sworn to before the court.”  And (m): The provider shall ensure that the court orders submitted to either the state treasurer or the local government do not contain handwritten changes and are submitted on a uniform court order prescribed by the administrative office of the courts. 

1.        The AOC documents may be found on their website under Trial & General Sessions Court Forms.

2.         It is OCJP’s current reading and understanding in conjunction with AOC, that the “uniform court order” referenced is the Indigency Order that is part of the Affidavit of Indigency”.

12.    Should county’s require vendors to prorate invoices for partial device months?

o   That is OCJP’s reading of the TCA 55-10-419(l)(1) “a provider must be paid no more than a total sum of two hundred dollars ($200) per month for the eligible costs for a device, with a minimum of thirty dollars ($30.00) per month paid to the provider by the indigent defendant pursuant to subdivision (h)(2) and the remainder of the total monthly costs, which must not exceed one hundred seventy dollars ($170) per month, paid to the provider from the fund.”

1.        The implication is that the device month would be prorated for the actual period used during a month versus up to $200 for any part of a month.

2.        That said, OCJP would agree a county could, at their discretion, contract or enter an agreement with a vendor for lesser agreed on fixed amounts for any part of a period less than a month such as weekly or biweekly.  The time periods should accurately represent a portion of the month, and the total cost of the time periods added together must be no more than the $170 fund liability per device month.

1.        There should be documented formality to such an agreement and documentation of any such agreement must be maintained with the grant files.

1.        Offender liability is $30 for any part of a device month and is not prorated based on OCJP reading of (l)(1) “…a minimum of thirty dollars ($30.00) paid to the provider by the indigent defendant…”

13.    Can a vendor charge the offender additional fees, such as enrollment, installation, and removal fees, lost or damaged device fees, etc.?

o   The statute defines in (a)(2) “eligible costs” to the indigency fund as: (a)(2)(B) “The use, monitoring, and maintenance of an alternative device…”

o   No more than $170 per device per month may be charged to the county and grant for Alternative - Electronic Monitoring for indigent offenders.

o   OCJP will not opine on fees outside use, monitoring, and maintenance of an alternative device.  OCJP will refer counties to 55-10-419 (l)(1) and defer to the county and judicial authority on whether additional fees to the offender are appropriate or allowable.       

14.    Does the county pay invoices that were not paid by Treasury for service between July 1 and September 30, 2023?  And can AEMIF grant funding be used?

o    Yes.  The county should pay open invoices for service incurred between July 1 and September 30, 2023, if they were not paid by Treasury.  The maximum amount per device month before October 1 was $200.

o   Yes.  Grant funding can be used to offset county costs for service incurred between July 1 and September 30, 2023.  BUT, only to a maximum of $85 per device month or part thereof.  The liability for the difference is to the county.