Polk County Detention Center Inmate Bail & Bonds
Polk County bail and bond: Benton, the Copper Basin and the Ocoee Valley
Polk County holds arrested adults at the Polk County Detention Center, part of the judicial complex at 164 Industrial Access Circle in Benton. The Sheriff's Office has two phone lines for the two ends of the county: 423-338-4540 for Benton and 423-496-3301 for the Copper Basin. To learn whether someone is booked, and what bail has been set, use Polk County Inmate Search. A court clerk, not the jail, receives cash for bail, so plan on two stops.
1. Which Sheriff's Office number should I call, Benton or Copper Basin?
Either one reaches the department. The Benton office, 423-338-4540, sits in the judicial complex with the detention center. The Copper Basin office, 423-496-3301, serves the Ducktown and Copperhill end of the county. For a booking question, the Benton line is the closer match.
The department's non-emergency line for west Polk is 423-338-8215. Dial 911 for emergencies.
2. My husband was arrested at the Ocoee River. How do I find him?
Arrests in the Ocoee Valley are made by different agencies, including the Sheriff's Office, town police and state or federal officers. Ask the arresting agency which jail and which court, and get a report number. Then run his name through Polk County Inmate Search.
A person arrested on a county charge is booked at the Benton detention center. If he was arrested by a federal officer, the Sheriff's Office at 423-338-4540 can say whether he is in county custody.
3. Who runs the detention center?
Sheriff Steve Ross is responsible for inmate custody and court appearances in the county. The detention center is at 164 Industrial Access Circle, Benton, TN 37307. Mail for the department goes to P.O. Box 1189, Benton.
4. How is the bail amount decided?
By a judge or magistrate, for each person. Tennessee Code 40-11-105 entitles an arrested person to bail on a bailable offense, and an officer can take bail only after it is set (40-11-106). A fixed printed price list cannot replace that decision.
The General Sessions judge's office is reached at 423-338-4532. The courthouse is at 6239 Highway 411 in Benton.
5. Where do I pay cash bail?
A cash bond equals the full bail and is deposited with the court clerk (40-11-118). The clerk may take a debit card or payment app and add its fee. The Circuit Court Clerk's phone is 423-338-4525, and the Clerk and Master is at 423-338-4522.
Before you drive over, ask the Sheriff's Office how and where a payment is accepted at night, then keep your receipt.
6. What does a bondsman charge?
The consumer notice in 40-11-151 says a Tennessee resident's premium should be about 10 percent of the bond, with a one-time $25 initiation fee and a $12 bail tax added. A nonresident may be asked for 10 to 15 percent. Collateral beyond the fee requires a written receipt with each item described and how to redeem it.
The bondsman cannot surrender your relative without good cause.
7. Are all bondsmen allowed to write bonds in Polk County?
No. Each must be licensed by the Board of Professional Bondsmen under 40-11-321 and approved by the courts of the judicial district. Polk County is in the 10th Judicial District with Bradley, McMinn and Monroe. Ask the company to show both approvals, and check with the Circuit Court Clerk before you pay.
8. Can mountain land or a house be used as security?
Real estate in Tennessee can secure a bond, as can a bond signed by two sufficient sureties who are not bondsmen or lawyers. These routes take longer than paying cash. Ask the Circuit Court Clerk what the court needs, and bring each owner's photo ID, the deed and a recent tax bill.
9. Are there rules about who may vouch for him?
Yes. Under 40-11-118(b), a responsible community member can speak for the defendant, but no one may do so for more than two defendants at one time while charges are pending. The judge also weighs time in the area, work history, family, record, past court appearances and the nature of the charge.
10. Is release without paying ever possible?
It is the first thing the court must consider. Section 40-11-115(b) points to release on recognizance or an unsecured bond, based on community ties, work and record. Next come the least onerous conditions (40-11-116), and money bail is used only when conditions will not reasonably assure a return (40-11-117).
The public defender for the 10th District, at 423-478-0348, can help with a request.
11. Why would a person who paid bail stay in jail?
A hold from another court, a probation office or another agency stops the release. So does a domestic or stalking arrest during the first 12 hours, unless the official finds no threat to the victim (40-11-150). An aggravated assault involving strangulation or a weapon can extend that to 24 hours and brings GPS monitoring. A capital charge is not bailable at all under Article I, section 15 of the Tennessee Constitution.
12. What happens at the first court date?
Under Rule 5 of the Tennessee Rules of Criminal Procedure the person must be brought to a magistrate without unnecessary delay. The judge explains the charge, the right to a lawyer, and the right to stay silent. A felony defendant is entitled to a preliminary hearing within 14 days if held, and within 30 days if free on bond.
13. Is a drunk-driving arrest handled differently?
Sometimes. Under 40-11-118(d), release in certain alcohol cases requires an ignition interlock device, unless the judge finds that it would not serve justice. For repeat DUI offenses and some vehicular assault or homicide cases, transdermal alcohol monitoring can be required, paid for by the defendant.
14. Where do juveniles go, and who do I call?
Juvenile arrests are not shown in the adult search. Call the Sheriff's Office at 423-338-4540 and ask where the youth is held and which court officer has the case. Have the child's name and birth date ready.
15. Is the money on his commissary account part of bail?
No. Commissary and phone money stays inside the jail account. Bail must reach the clerk or a bondsman. Be wary of any caller who wants an app transfer or gift cards to "release" someone.
16. What if he fails to appear?
The court can forfeit the bond (40-11-139 and 40-11-201) and order his arrest. A bondsman can also return him to custody by surrender under 40-11-132. Call the clerk the same day at 423-338-4525.
17. How do I get my deposit back?
The clerk refunds a cash deposit once the conditions are met and the defendant is discharged (40-11-119), after fines and costs are taken first (40-11-121). The premium paid to a bondsman is not refundable.
Polk County bail contacts
- Jail
- Polk County Detention Center, 164 Industrial Access Circle, Benton, TN 37307; Sheriff's Office 423-338-4540
- Copper Basin office
- 423-496-3301
- Custody lookup
- Polk County Inmate Search
- Courthouse
- 6239 Highway 411, Benton, TN 37307
- Circuit Court Clerk
- 423-338-4525
- Clerk and Master
- 423-338-4522
- General Sessions judge
- 423-338-4532
- Public defender
- 10th Judicial District, 423-478-0348
- Bond help
- Polk County bail and bond instructions
Numbers, hours and fees change over time, and judges may set their own terms. Check by phone before you bring money; this page is not legal advice.
How do Bail Bonds work at Polk County Detention Center
The Polk County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Polk County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in Polk County, or in some cases the state of Tennessee, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in Polk County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in Tennessee is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1,500.00.
- Pay by cash, cashier's check, money order or credit card at the Polk County Detention Center, or the courthouse in Polk County where the offense took place.
Call 423-338-8215 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Polk County inmate locator.
Polk County Detention Center
Address:
164 Industrial Access Circle
Benton, TN 37307
Phone:
423-338-8215
Frequently Asked Questions about Bail and Bonds in Polk County
What kind of bonds are accepted in Polk County?
Who can set bail in Polk County?
When is bail set in Polk County Tennessee?
Does Polk County have bail?
Yes, Polk County recognizes most types of bonds.
What kind of bonds are accepted in Polk County?
Polk County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Polk County?
Bail is set by a magistrate or judge.
When is bail set in Polk County Tennessee?
Bail is set during the defendant’s first court hearing, also known as a bail hearing. This court appearance will be scheduled within 72 hrs. of arrest not counting weekends or holidays.
What is Bail?
Bail is what the arrested in Polk County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Tennessee feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Polk County Detention Center until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Polk County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Polk County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
A Transfer Bond is transferable across state lines but generally a bond company will only assume the loan to adjoining states. In addition to the 10% fee, there is a transfer fee owed to the bonding company between $50-$100.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Polk County have bail?
Yes, Polk County recognizes most types of bonds.
What kind of bonds are accepted in Polk County?
Polk County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Polk County?
Bail is set by a magistrate or judge.
When is bail set in Tennessee?
Bail is set during the defendant’s first court hearing, also known as a bail hearing. This court appearance will be scheduled within 72 hrs. of arrest not counting weekends or holidays.
Can I get the bail or bond reduced in Polk County Tennessee?
Yes, your attorney can request a bond reduction.
In Polk County Tennessee, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Tennessee could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Polk County Tennessee?
Yes, Tennessee does offer online bail payment. Please contact the jail for specific information on how to pay bail. Go to the Polk County Detention Center for more information about the jails in Polk County.
What options are there to pay bail in Polk County Tennessee?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Polk County Detention Center for more information about posting bail in Polk County.
Will I get all my bond money back in Tennessee?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Polk County?
No, unless released on own recognizance you will be required to pay some money down to secure bail.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
What are the least expensive and affordable bail bonds in Tennessee?
The Polk County Detention Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.