Tenn. Code Ann. § 40-35-302 — TN Code / Title 40 / Chapter 35 / Section 40-35-302
Misdemeanor sentencing - Rehabilitative program credits - Probation - Supervision of defendants on probation
Status: in_force

(a) In imposing a sentence for a misdemeanor, the court may conduct a separate sentencing hearing. If the court does not conduct a separate sentencing hearing, the court shall allow the parties a reasonable opportunity to be heard on the question of the length of any sentence and the manner in which the sentence is to be served. (b) In imposing a misdemeanor sentence, the court shall fix a specific number of months, days or hours, and the defendant shall be responsible for the entire sentence undiminished by sentence credits of any sort except for credits authorized by § 40-23-101 , relative to pretrial jail credit, or §§ 52-5-407 and 33-7-102 , relative to mental examinations and treatment, and credits awarded in accordance with either, but not both, § 41-2-111 or § 41-2-147 . The court shall impose a sentence consistent with the purposes and principles of this chapter. (c) When a defendant is serving a misdemeanor sentence, the defendant shall be continuously confined for the duration of the sentence except as provided in subsections (d) and (e); provided, that nothing in this section shall be construed as prohibiting a defendant, in the discretion of the workhouse superintendent or sheriff, from participating in work crews during the time the defendant is to be continuously confined. (d) In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that the defendant shall serve. After service of such a percentage of the sentence, the defendant shall be eligible for consideration for work release, furlough, trusty status and related rehabilitative programs. The percentage shall be expressed as zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), seventy-five percent (75%), eighty percent (80%), ninety percent (90%), or one hundred percent (100%). If no percentage is expressed in the judgment, the percentage shall be considered zero percent (0%). When the defendant has served the required percentage, the administrative authority governing the rehabilitative program shall have the authority, in its discretion, to place the defendant in the programs as provided by law. In determining the percentage of the sentence to be served in actual confinement, the court shall consider the purposes of this chapter, the principles of sentencing and the enhancement and mitigating factors set forth in this chapter and shall not impose such percentages arbitrarily. (e) The court has authority to place the defendant on probation either: (1) After service of a portion of the sentence in periodic confinement or continuous confinement; or (2) Immediately after sentencing. (f) (1) The general sessions courts shall not place a defendant who is convicted of a misdemeanor on probation under the supervision of the state department of correction. Nothing in this subsection (f) is intended to restrict the use, where necessary, of any county or public probation service or private probation company established for the purpose of supervising defendants convicted of misdemeanors, unless the offender is currently being supervised by the state department of correction on a felony offense. (2) When a person employed to provide probation services to defendants convicted of a misdemeanor, whether employed by a municipality, county, public or a private probation company, is first assigned a new probationer, the person shall conduct a search of the Tennessee bureau of investigation's sexual offender and violent sexual offender registration, verification and tracking database to determine if the probationer is a sexual offender or violent sexual offender. If so, the probation officer shall inform the sentencing judge of the probationer's status, if the status is not already known. If the probationer remains on probation, the officer shall also monitor the probationer's compliance with the requirements of § 40-39-211 . (g) (1) Except as provided in subdivision (g)(2): (A) A private entity that provides probation supervisory services shall be required to perform all of the following: (i) Provide a report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner as is specified by the clerk; provided, that the report shall contain all of the information required in subdivision (g)(1)(G); (ii) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. The application shall be on a form and in a manner specified by the judges and shall contain all of the information required by subdivision (g)(1)(E); (iii) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the entity and to assist the defendants so sentenced in completing all court-ordered conditions of probation; (iv) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the entity. All books, records, and documentation maintained by the entity relating to work performed or money received for the supervision of misdemeanor defendants so sentenced must be maintained for a period of three (3) full years from the date of the final payment or audit. The books, records, and documentation are subject to a fiscal and performance audit and review at any reasonable time and upon reasonable notice by the court or courts in which the entity operates, or by their duly appointed representatives, and by the comptroller of the treasury as deemed necessary or appropriate. The comptroller of the treasury may appoint a certified public accountant to prepare the audit. The entity being audited by either the comptroller of the treasury or the comptroller's designee shall pay the cost of the audit. Officials of the entity shall cooperate fully with the comptroller of the treasury or its designee in the performance of the audit; and (v) Any additional duties that the judge or judges of the courts for which the entity provides misdemeanor probation supervisory services may in writing require; (B) The following minimum education standards are required for certain employees of an entity established for the purpose of supervising misdemeanor probationers: (i) The chief executive officer of an entity offering probation supervision shall have a bachelor's degree from an accredited university in any of the following fields: criminal justice, administration, social work or the behavioral sciences and two (2) years of experience in criminal justice or social work; provided, that four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor's degree; and (ii) An employee responsible for providing probation supervision and employed by an entity shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor's degree or associate's degree from an accredited college or university; (C) Any entity providing probation supervisory services shall post a liability insurance policy and a performance bond in the amounts stated: (i) A liability insurance policy in an amount at least equal to the limits of governmental liability established in the Governmental Tort Liability Act, compiled in title 29, chapter 20, that is in effect on the date the services are provided. Nothing in this subdivision (g)(1)(C)(i) shall be construed as prohibiting the entity from carrying a liability insurance policy in excess of the limits of liability provided in the Governmental Tort Liability Act. The policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction; (ii) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). The bond shall be to provide recourse to the governmental entity for which the entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services; (iii) The comptroller of the treasury shall design a uniform performance bond form to be used by all private entities providing misdemeanor probation supervisory services in this state; (iv) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide probation supervisory services; (D) Any entity providing or proposing to provide misdemeanor probation services shall investigate the criminal record for each employee and shall include in its application form any criminal conviction of each employee; (E) The application form required by subdivision (g)(1)(A)(ii) shall contain the following information: (i) The title of the entity; (ii) Its form of business organization; (iii) The office and mailing address of the entity; (iv) The names of the employees who will provide services and their position with the entity and their credentials; (v) A sworn statement that the credentials of all employees meet the minimum standards under subdivision (g)(1)(B); (vi) A sworn statement that a criminal record search has been conducted and, if a criminal conviction has been discovered, the name of the employee and the criminal conviction; (vii) A credit history of the entity including any judgments or lawsuits; and (viii) A description of the services to be provided by the entity and the fee structure for the services to be provided; (F) The application required by subdivision (g)(1)(A)(ii) shall also contain an affidavit filed under penalties of perjury that it is complete and accurate and contains all of the information required by subdivision (g)(1)(E). The application with the affidavit shall be filed with the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services; (G) The quarterly report required to be filed pursuant to subdivision (g)(1)(A)(i) shall include the following information: (i) The caseload for the entity; (ii) The number of contact hours with offenders; (iii) The services provided; (iv) The number of filings for probation revocation and their dispositions; (v) A financial statement including administrative costs and service costs; and (vi) Contributions, if any, to the criminal injuries compensation fund; (H) (i) It is an offense for a governmental employee, including a judge, or the employee's immediate family, to have a direct or indirect personal interest in a private entity that provides probation supervisory services or to receive anything of value in an individual capacity from the entity; (ii) It is an offense for a private entity that provides probation supervisory services to give or offer to give anything of value to a governmental employee, including a judge, or the employee's immediate family, in the employee's individual capacity; (iii) A violation of subdivision (g)(1)(H)(i) or (g)(1)(H)(ii) is a Class C misdemeanor; and (iv) This section shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying probation supervisory services to a court or county government pursuant to this chapter; (I) No private corporation, enterprise, or agency contracting to provide probation services under this section shall engage in any of the following: (i) Any employment, business or activity that interferes or conflicts with the duties and responsibilities under the contracts authorized by this section; (ii) No corporation, enterprise or agency shall have personal business dealings, including, but not limited to, lending money, with probationers under its supervision; and (iii) No corporation, enterprise or agency shall permit any person to supervise a probationer who is a member of the supervisory personnel's immediate family; (J) As used in this subdivision (g)(1), "immediate family" means and includes the supervisor's mother, father, siblings, adult children or maternal and paternal grandparents. (2) Except for fiscal and performance audits and reviews conducted by the comptroller of the treasury or the comptroller's designee in accordance with subdivision (g)(1)(A)(iv), subdivision (g)(1) does not apply in counties having a population, according to the 1990 federal census or any subsequent federal census, of: not less than nor more than 4,700 4,750 7,100 7,175 27,500 27,750 31,500 31,800 31,900 32,200 34,500 34,730 40,200 40,500 (h) As used in this section, the term "governmental employee" means employees and officials of the state and its political subdivisions who are employed as law enforcement employees or officials, probation and parole employees or officials, judicial employees or officials or correctional employees or officials, including employees and officials of jails and workhouses. (i) (1) As used in this subsection (i), "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization. (2) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given. (3) This subsection (i) shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services. (j) [Deleted by 2021 amendment.] Amended by 2024 Tenn. Acts, ch. 688,s 131, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 743,s 1, eff. 4/22/2024. Amended by 2021 Tenn. Acts, ch. 358, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 244, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 148, Secs.s 1, s 2 eff. 4/17/2019. Amended by 2018 Tenn. Acts, ch. 917, s 2, eff. 5/1/2018. Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 37; 1991, ch. 458, § 1; 1997 , ch. 408, §§ 1-4; 2000, ch. 827, § 1; 2000, ch. 947, § 8J; 2001, ch. 359, § 1; 2002, ch. 802, § 1; 2007 , ch. 158, § 1; 2009 , ch. 124, § 1; 2011 , ch. 319, §§ 1, 2; 2012 , ch. 727, § 44.
(a) In imposing a sentence for a misdemeanor, the court may conduct a separate sentencing hearing. If the court does not conduct a separate sentencing hearing, the court shall allow the parties a reasonable opportunity to be heard on the question of the length of any sentence and the manner in which the sentence is to be served.
(b) In imposing a misdemeanor sentence, the court shall fix a specific number of months, days or hours, and the defendant shall be responsible for the entire sentence undiminished by sentence credits of any sort except for credits authorized by § 40-23-101 , relative to pretrial jail credit, or §§ 52-5-407 and 33-7-102 , relative to mental examinations and treatment, and credits awarded in accordance with either, but not both, § 41-2-111 or § 41-2-147 . The court shall impose a sentence consistent with the purposes and principles of this chapter.
(c) When a defendant is serving a misdemeanor sentence, the defendant shall be continuously confined for the duration of the sentence except as provided in subsections (d) and (e); provided, that nothing in this section shall be construed as prohibiting a defendant, in the discretion of the workhouse superintendent or sheriff, from participating in work crews during the time the defendant is to be continuously confined.
(d) In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that the defendant shall serve. After service of such a percentage of the sentence, the defendant shall be eligible for consideration for work release, furlough, trusty status and related rehabilitative programs. The percentage shall be expressed as zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), seventy-five percent (75%), eighty percent (80%), ninety percent (90%), or one hundred percent (100%). If no percentage is expressed in the judgment, the percentage shall be considered zero percent (0%). When the defendant has served the required percentage, the administrative authority governing the rehabilitative program shall have the authority, in its discretion, to place the defendant in the programs as provided by law. In determining the percentage of the sentence to be served in actual confinement, the court shall consider the purposes of this chapter, the principles of sentencing and the enhancement and mitigating factors set forth in this chapter and shall not impose such percentages arbitrarily.
(e) The court has authority to place the defendant on probation either: (1) After service of a portion of the sentence in periodic confinement or continuous confinement; or (2) Immediately after sentencing.
(1) After service of a portion of the sentence in periodic confinement or continuous confinement; or
(2) Immediately after sentencing.
(f) (1) The general sessions courts shall not place a defendant who is convicted of a misdemeanor on probation under the supervision of the state department of correction. Nothing in this subsection (f) is intended to restrict the use, where necessary, of any county or public probation service or private probation company established for the purpose of supervising defendants convicted of misdemeanors, unless the offender is currently being supervised by the state department of correction on a felony offense. (2) When a person employed to provide probation services to defendants convicted of a misdemeanor, whether employed by a municipality, county, public or a private probation company, is first assigned a new probationer, the person shall conduct a search of the Tennessee bureau of investigation's sexual offender and violent sexual offender registration, verification and tracking database to determine if the probationer is a sexual offender or violent sexual offender. If so, the probation officer shall inform the sentencing judge of the probationer's status, if the status is not already known. If the probationer remains on probation, the officer shall also monitor the probationer's compliance with the requirements of § 40-39-211 .
(1) The general sessions courts shall not place a defendant who is convicted of a misdemeanor on probation under the supervision of the state department of correction. Nothing in this subsection (f) is intended to restrict the use, where necessary, of any county or public probation service or private probation company established for the purpose of supervising defendants convicted of misdemeanors, unless the offender is currently being supervised by the state department of correction on a felony offense.
(2) When a person employed to provide probation services to defendants convicted of a misdemeanor, whether employed by a municipality, county, public or a private probation company, is first assigned a new probationer, the person shall conduct a search of the Tennessee bureau of investigation's sexual offender and violent sexual offender registration, verification and tracking database to determine if the probationer is a sexual offender or violent sexual offender. If so, the probation officer shall inform the sentencing judge of the probationer's status, if the status is not already known. If the probationer remains on probation, the officer shall also monitor the probationer's compliance with the requirements of § 40-39-211 .
(g) (1) Except as provided in subdivision (g)(2): (A) A private entity that provides probation supervisory services shall be required to perform all of the following: (i) Provide a report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner as is specified by the clerk; provided, that the report shall contain all of the information required in subdivision (g)(1)(G); (ii) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. The application shall be on a form and in a manner specified by the judges and shall contain all of the information required by subdivision (g)(1)(E); (iii) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the entity and to assist the defendants so sentenced in completing all court-ordered conditions of probation; (iv) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the entity. All books, records, and documentation maintained by the entity relating to work performed or money received for the supervision of misdemeanor defendants so sentenced must be maintained for a period of three (3) full years from the date of the final payment or audit. The books, records, and documentation are subject to a fiscal and performance audit and review at any reasonable time and upon reasonable notice by the court or courts in which the entity operates, or by their duly appointed representatives, and by the comptroller of the treasury as deemed necessary or appropriate. The comptroller of the treasury may appoint a certified public accountant to prepare the audit. The entity being audited by either the comptroller of the treasury or the comptroller's designee shall pay the cost of the audit. Officials of the entity shall cooperate fully with the comptroller of the treasury or its designee in the performance of the audit; and (v) Any additional duties that the judge or judges of the courts for which the entity provides misdemeanor probation supervisory services may in writing require; (B) The following minimum education standards are required for certain employees of an entity established for the purpose of supervising misdemeanor probationers: (i) The chief executive officer of an entity offering probation supervision shall have a bachelor's degree from an accredited university in any of the following fields: criminal justice, administration, social work or the behavioral sciences and two (2) years of experience in criminal justice or social work; provided, that four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor's degree; and (ii) An employee responsible for providing probation supervision and employed by an entity shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor's degree or associate's degree from an accredited college or university; (C) Any entity providing probation supervisory services shall post a liability insurance policy and a performance bond in the amounts stated: (i) A liability insurance policy in an amount at least equal to the limits of governmental liability established in the Governmental Tort Liability Act, compiled in title 29, chapter 20, that is in effect on the date the services are provided. Nothing in this subdivision (g)(1)(C)(i) shall be construed as prohibiting the entity from carrying a liability insurance policy in excess of the limits of liability provided in the Governmental Tort Liability Act. The policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction; (ii) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). The bond shall be to provide recourse to the governmental entity for which the entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services; (iii) The comptroller of the treasury shall design a uniform performance bond form to be used by all private entities providing misdemeanor probation supervisory services in this state; (iv) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide probation supervisory services; (D) Any entity providing or proposing to provide misdemeanor probation services shall investigate the criminal record for each employee and shall include in its application form any criminal conviction of each employee; (E) The application form required by subdivision (g)(1)(A)(ii) shall contain the following information: (i) The title of the entity; (ii) Its form of business organization; (iii) The office and mailing address of the entity; (iv) The names of the employees who will provide services and their position with the entity and their credentials; (v) A sworn statement that the credentials of all employees meet the minimum standards under subdivision (g)(1)(B); (vi) A sworn statement that a criminal record search has been conducted and, if a criminal conviction has been discovered, the name of the employee and the criminal conviction; (vii) A credit history of the entity including any judgments or lawsuits; and (viii) A description of the services to be provided by the entity and the fee structure for the services to be provided; (F) The application required by subdivision (g)(1)(A)(ii) shall also contain an affidavit filed under penalties of perjury that it is complete and accurate and contains all of the information required by subdivision (g)(1)(E). The application with the affidavit shall be filed with the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services; (G) The quarterly report required to be filed pursuant to subdivision (g)(1)(A)(i) shall include the following information: (i) The caseload for the entity; (ii) The number of contact hours with offenders; (iii) The services provided; (iv) The number of filings for probation revocation and their dispositions; (v) A financial statement including administrative costs and service costs; and (vi) Contributions, if any, to the criminal injuries compensation fund; (H) (i) It is an offense for a governmental employee, including a judge, or the employee's immediate family, to have a direct or indirect personal interest in a private entity that provides probation supervisory services or to receive anything of value in an individual capacity from the entity; (ii) It is an offense for a private entity that provides probation supervisory services to give or offer to give anything of value to a governmental employee, including a judge, or the employee's immediate family, in the employee's individual capacity; (iii) A violation of subdivision (g)(1)(H)(i) or (g)(1)(H)(ii) is a Class C misdemeanor; and (iv) This section shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying probation supervisory services to a court or county government pursuant to this chapter; (I) No private corporation, enterprise, or agency contracting to provide probation services under this section shall engage in any of the following: (i) Any employment, business or activity that interferes or conflicts with the duties and responsibilities under the contracts authorized by this section; (ii) No corporation, enterprise or agency shall have personal business dealings, including, but not limited to, lending money, with probationers under its supervision; and (iii) No corporation, enterprise or agency shall permit any person to supervise a probationer who is a member of the supervisory personnel's immediate family; (J) As used in this subdivision (g)(1), "immediate family" means and includes the supervisor's mother, father, siblings, adult children or maternal and paternal grandparents. (2) Except for fiscal and performance audits and reviews conducted by the comptroller of the treasury or the comptroller's designee in accordance with subdivision (g)(1)(A)(iv), subdivision (g)(1) does not apply in counties having a population, according to the 1990 federal census or any subsequent federal census, of: not less than nor more than 4,700 4,750 7,100 7,175 27,500 27,750 31,500 31,800 31,900 32,200 34,500 34,730 40,200 40,500
(1) Except as provided in subdivision (g)(2): (A) A private entity that provides probation supervisory services shall be required to perform all of the following: (i) Provide a report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner as is specified by the clerk; provided, that the report shall contain all of the information required in subdivision (g)(1)(G); (ii) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. The application shall be on a form and in a manner specified by the judges and shall contain all of the information required by subdivision (g)(1)(E); (iii) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the entity and to assist the defendants so sentenced in completing all court-ordered conditions of probation; (iv) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the entity. All books, records, and documentation maintained by the entity relating to work performed or money received for the supervision of misdemeanor defendants so sentenced must be maintained for a period of three (3) full years from the date of the final payment or audit. The books, records, and documentation are subject to a fiscal and performance audit and review at any reasonable time and upon reasonable notice by the court or courts in which the entity operates, or by their duly appointed representatives, and by the comptroller of the treasury as deemed necessary or appropriate. The comptroller of the treasury may appoint a certified public accountant to prepare the audit. The entity being audited by either the comptroller of the treasury or the comptroller's designee shall pay the cost of the audit. Officials of the entity shall cooperate fully with the comptroller of the treasury or its designee in the performance of the audit; and (v) Any additional duties that the judge or judges of the courts for which the entity provides misdemeanor probation supervisory services may in writing require; (B) The following minimum education standards are required for certain employees of an entity established for the purpose of supervising misdemeanor probationers: (i) The chief executive officer of an entity offering probation supervision shall have a bachelor's degree from an accredited university in any of the following fields: criminal justice, administration, social work or the behavioral sciences and two (2) years of experience in criminal justice or social work; provided, that four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor's degree; and (ii) An employee responsible for providing probation supervision and employed by an entity shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor's degree or associate's degree from an accredited college or university; (C) Any entity providing probation supervisory services shall post a liability insurance policy and a performance bond in the amounts stated: (i) A liability insurance policy in an amount at least equal to the limits of governmental liability established in the Governmental Tort Liability Act, compiled in title 29, chapter 20, that is in effect on the date the services are provided. Nothing in this subdivision (g)(1)(C)(i) shall be construed as prohibiting the entity from carrying a liability insurance policy in excess of the limits of liability provided in the Governmental Tort Liability Act. The policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction; (ii) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). The bond shall be to provide recourse to the governmental entity for which the entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services; (iii) The comptroller of the treasury shall design a uniform performance bond form to be used by all private entities providing misdemeanor probation supervisory services in this state; (iv) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide probation supervisory services; (D) Any entity providing or proposing to provide misdemeanor probation services shall investigate the criminal record for each employee and shall include in its application form any criminal conviction of each employee; (E) The application form required by subdivision (g)(1)(A)(ii) shall contain the following information: (i) The title of the entity; (ii) Its form of business organization; (iii) The office and mailing address of the entity; (iv) The names of the employees who will provide services and their position with the entity and their credentials; (v) A sworn statement that the credentials of all employees meet the minimum standards under subdivision (g)(1)(B); (vi) A sworn statement that a criminal record search has been conducted and, if a criminal conviction has been discovered, the name of the employee and the criminal conviction; (vii) A credit history of the entity including any judgments or lawsuits; and (viii) A description of the services to be provided by the entity and the fee structure for the services to be provided; (F) The application required by subdivision (g)(1)(A)(ii) shall also contain an affidavit filed under penalties of perjury that it is complete and accurate and contains all of the information required by subdivision (g)(1)(E). The application with the affidavit shall be filed with the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services; (G) The quarterly report required to be filed pursuant to subdivision (g)(1)(A)(i) shall include the following information: (i) The caseload for the entity; (ii) The number of contact hours with offenders; (iii) The services provided; (iv) The number of filings for probation revocation and their dispositions; (v) A financial statement including administrative costs and service costs; and (vi) Contributions, if any, to the criminal injuries compensation fund; (H) (i) It is an offense for a governmental employee, including a judge, or the employee's immediate family, to have a direct or indirect personal interest in a private entity that provides probation supervisory services or to receive anything of value in an individual capacity from the entity; (ii) It is an offense for a private entity that provides probation supervisory services to give or offer to give anything of value to a governmental employee, including a judge, or the employee's immediate family, in the employee's individual capacity; (iii) A violation of subdivision (g)(1)(H)(i) or (g)(1)(H)(ii) is a Class C misdemeanor; and (iv) This section shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying probation supervisory services to a court or county government pursuant to this chapter; (I) No private corporation, enterprise, or agency contracting to provide probation services under this section shall engage in any of the following: (i) Any employment, business or activity that interferes or conflicts with the duties and responsibilities under the contracts authorized by this section; (ii) No corporation, enterprise or agency shall have personal business dealings, including, but not limited to, lending money, with probationers under its supervision; and (iii) No corporation, enterprise or agency shall permit any person to supervise a probationer who is a member of the supervisory personnel's immediate family; (J) As used in this subdivision (g)(1), "immediate family" means and includes the supervisor's mother, father, siblings, adult children or maternal and paternal grandparents.
(A) A private entity that provides probation supervisory services shall be required to perform all of the following: (i) Provide a report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner as is specified by the clerk; provided, that the report shall contain all of the information required in subdivision (g)(1)(G); (ii) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. The application shall be on a form and in a manner specified by the judges and shall contain all of the information required by subdivision (g)(1)(E); (iii) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the entity and to assist the defendants so sentenced in completing all court-ordered conditions of probation; (iv) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the entity. All books, records, and documentation maintained by the entity relating to work performed or money received for the supervision of misdemeanor defendants so sentenced must be maintained for a period of three (3) full years from the date of the final payment or audit. The books, records, and documentation are subject to a fiscal and performance audit and review at any reasonable time and upon reasonable notice by the court or courts in which the entity operates, or by their duly appointed representatives, and by the comptroller of the treasury as deemed necessary or appropriate. The comptroller of the treasury may appoint a certified public accountant to prepare the audit. The entity being audited by either the comptroller of the treasury or the comptroller's designee shall pay the cost of the audit. Officials of the entity shall cooperate fully with the comptroller of the treasury or its designee in the performance of the audit; and (v) Any additional duties that the judge or judges of the courts for which the entity provides misdemeanor probation supervisory services may in writing require;
(i) Provide a report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner as is specified by the clerk; provided, that the report shall contain all of the information required in subdivision (g)(1)(G);
(ii) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. The application shall be on a form and in a manner specified by the judges and shall contain all of the information required by subdivision (g)(1)(E);
(iii) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the entity and to assist the defendants so sentenced in completing all court-ordered conditions of probation;
(iv) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the entity. All books, records, and documentation maintained by the entity relating to work performed or money received for the supervision of misdemeanor defendants so sentenced must be maintained for a period of three (3) full years from the date of the final payment or audit. The books, records, and documentation are subject to a fiscal and performance audit and review at any reasonable time and upon reasonable notice by the court or courts in which the entity operates, or by their duly appointed representatives, and by the comptroller of the treasury as deemed necessary or appropriate. The comptroller of the treasury may appoint a certified public accountant to prepare the audit. The entity being audited by either the comptroller of the treasury or the comptroller's designee shall pay the cost of the audit. Officials of the entity shall cooperate fully with the comptroller of the treasury or its designee in the performance of the audit; and
(v) Any additional duties that the judge or judges of the courts for which the entity provides misdemeanor probation supervisory services may in writing require;
(B) The following minimum education standards are required for certain employees of an entity established for the purpose of supervising misdemeanor probationers: (i) The chief executive officer of an entity offering probation supervision shall have a bachelor's degree from an accredited university in any of the following fields: criminal justice, administration, social work or the behavioral sciences and two (2) years of experience in criminal justice or social work; provided, that four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor's degree; and (ii) An employee responsible for providing probation supervision and employed by an entity shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor's degree or associate's degree from an accredited college or university;
(i) The chief executive officer of an entity offering probation supervision shall have a bachelor's degree from an accredited university in any of the following fields: criminal justice, administration, social work or the behavioral sciences and two (2) years of experience in criminal justice or social work; provided, that four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor's degree; and
(ii) An employee responsible for providing probation supervision and employed by an entity shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor's degree or associate's degree from an accredited college or university;
(C) Any entity providing probation supervisory services shall post a liability insurance policy and a performance bond in the amounts stated: (i) A liability insurance policy in an amount at least equal to the limits of governmental liability established in the Governmental Tort Liability Act, compiled in title 29, chapter 20, that is in effect on the date the services are provided. Nothing in this subdivision (g)(1)(C)(i) shall be construed as prohibiting the entity from carrying a liability insurance policy in excess of the limits of liability provided in the Governmental Tort Liability Act. The policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction; (ii) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). The bond shall be to provide recourse to the governmental entity for which the entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services; (iii) The comptroller of the treasury shall design a uniform performance bond form to be used by all private entities providing misdemeanor probation supervisory services in this state; (iv) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide probation supervisory services;
(i) A liability insurance policy in an amount at least equal to the limits of governmental liability established in the Governmental Tort Liability Act, compiled in title 29, chapter 20, that is in effect on the date the services are provided. Nothing in this subdivision (g)(1)(C)(i) shall be construed as prohibiting the entity from carrying a liability insurance policy in excess of the limits of liability provided in the Governmental Tort Liability Act. The policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction;
(ii) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). The bond shall be to provide recourse to the governmental entity for which the entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services;
(iii) The comptroller of the treasury shall design a uniform performance bond form to be used by all private entities providing misdemeanor probation supervisory services in this state;
(iv) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide probation supervisory services;
(D) Any entity providing or proposing to provide misdemeanor probation services shall investigate the criminal record for each employee and shall include in its application form any criminal conviction of each employee;
(E) The application form required by subdivision (g)(1)(A)(ii) shall contain the following information: (i) The title of the entity; (ii) Its form of business organization; (iii) The office and mailing address of the entity; (iv) The names of the employees who will provide services and their position with the entity and their credentials; (v) A sworn statement that the credentials of all employees meet the minimum standards under subdivision (g)(1)(B); (vi) A sworn statement that a criminal record search has been conducted and, if a criminal conviction has been discovered, the name of the employee and the criminal conviction; (vii) A credit history of the entity including any judgments or lawsuits; and (viii) A description of the services to be provided by the entity and the fee structure for the services to be provided;
(i) The title of the entity;
(ii) Its form of business organization;
(iii) The office and mailing address of the entity;
(iv) The names of the employees who will provide services and their position with the entity and their credentials;
(v) A sworn statement that the credentials of all employees meet the minimum standards under subdivision (g)(1)(B);
(vi) A sworn statement that a criminal record search has been conducted and, if a criminal conviction has been discovered, the name of the employee and the criminal conviction;
(vii) A credit history of the entity including any judgments or lawsuits; and
(viii) A description of the services to be provided by the entity and the fee structure for the services to be provided;
(F) The application required by subdivision (g)(1)(A)(ii) shall also contain an affidavit filed under penalties of perjury that it is complete and accurate and contains all of the information required by subdivision (g)(1)(E). The application with the affidavit shall be filed with the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services;
(G) The quarterly report required to be filed pursuant to subdivision (g)(1)(A)(i) shall include the following information: (i) The caseload for the entity; (ii) The number of contact hours with offenders; (iii) The services provided; (iv) The number of filings for probation revocation and their dispositions; (v) A financial statement including administrative costs and service costs; and (vi) Contributions, if any, to the criminal injuries compensation fund;
(i) The caseload for the entity;
(ii) The number of contact hours with offenders;
(iii) The services provided;
(iv) The number of filings for probation revocation and their dispositions;
(v) A financial statement including administrative costs and service costs; and
(vi) Contributions, if any, to the criminal injuries compensation fund;
(H) (i) It is an offense for a governmental employee, including a judge, or the employee's immediate family, to have a direct or indirect personal interest in a private entity that provides probation supervisory services or to receive anything of value in an individual capacity from the entity; (ii) It is an offense for a private entity that provides probation supervisory services to give or offer to give anything of value to a governmental employee, including a judge, or the employee's immediate family, in the employee's individual capacity; (iii) A violation of subdivision (g)(1)(H)(i) or (g)(1)(H)(ii) is a Class C misdemeanor; and (iv) This section shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying probation supervisory services to a court or county government pursuant to this chapter;
(i) It is an offense for a governmental employee, including a judge, or the employee's immediate family, to have a direct or indirect personal interest in a private entity that provides probation supervisory services or to receive anything of value in an individual capacity from the entity;
(ii) It is an offense for a private entity that provides probation supervisory services to give or offer to give anything of value to a governmental employee, including a judge, or the employee's immediate family, in the employee's individual capacity;
(iii) A violation of subdivision (g)(1)(H)(i) or (g)(1)(H)(ii) is a Class C misdemeanor; and
(iv) This section shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying probation supervisory services to a court or county government pursuant to this chapter;
(I) No private corporation, enterprise, or agency contracting to provide probation services under this section shall engage in any of the following: (i) Any employment, business or activity that interferes or conflicts with the duties and responsibilities under the contracts authorized by this section; (ii) No corporation, enterprise or agency shall have personal business dealings, including, but not limited to, lending money, with probationers under its supervision; and (iii) No corporation, enterprise or agency shall permit any person to supervise a probationer who is a member of the supervisory personnel's immediate family;
(i) Any employment, business or activity that interferes or conflicts with the duties and responsibilities under the contracts authorized by this section;
(ii) No corporation, enterprise or agency shall have personal business dealings, including, but not limited to, lending money, with probationers under its supervision; and
(iii) No corporation, enterprise or agency shall permit any person to supervise a probationer who is a member of the supervisory personnel's immediate family;
(J) As used in this subdivision (g)(1), "immediate family" means and includes the supervisor's mother, father, siblings, adult children or maternal and paternal grandparents.
(2) Except for fiscal and performance audits and reviews conducted by the comptroller of the treasury or the comptroller's designee in accordance with subdivision (g)(1)(A)(iv), subdivision (g)(1) does not apply in counties having a population, according to the 1990 federal census or any subsequent federal census, of: not less than nor more than 4,700 4,750 7,100 7,175 27,500 27,750 31,500 31,800 31,900 32,200 34,500 34,730 40,200 40,500
not less than nor more than
4,700 4,750
7,100 7,175
27,500 27,750
31,500 31,800
31,900 32,200
34,500 34,730
40,200 40,500
(h) As used in this section, the term "governmental employee" means employees and officials of the state and its political subdivisions who are employed as law enforcement employees or officials, probation and parole employees or officials, judicial employees or officials or correctional employees or officials, including employees and officials of jails and workhouses.
(i) (1) As used in this subsection (i), "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization. (2) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given. (3) This subsection (i) shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.
(1) As used in this subsection (i), "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization.
(2) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.
(3) This subsection (i) shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.
(j) [Deleted by 2021 amendment.]
Amended by 2024 Tenn. Acts, ch. 688,s 131, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 743,s 1, eff. 4/22/2024.
Amended by 2021 Tenn. Acts, ch. 358, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 244, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 148, Secs.s 1, s 2 eff. 4/17/2019.
Amended by 2018 Tenn. Acts, ch. 917, s 2, eff. 5/1/2018.
Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 37; 1991, ch. 458, § 1; 1997 , ch. 408, §§ 1-4; 2000, ch. 827, § 1; 2000, ch. 947, § 8J; 2001, ch. 359, § 1; 2002, ch. 802, § 1; 2007 , ch. 158, § 1; 2009 , ch. 124, § 1; 2011 , ch. 319, §§ 1, 2; 2012 , ch. 727, § 44.
Tenn. Code Ann. § 40-31-101 — TN Code / Title 40 / Chapter 31 / Section 40-31-101
Enactment of agreement - Text
Status: in_force

The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. ARTICLE II As used in this agreement: (a) "Receiving state" means a state in which trial is to be had on an indictment, information or complaint pursuant to article III or article IV hereof; (b) "Sending state" means a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof; and (c) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico. ARTICLE III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the person shall be brought to trial within one hundred eighty (180) days after having caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of the person's imprisonment and request for a final disposition to be made of the indictment, information or complaint; provided, that for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner's body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to the prisoner's execution of the request for final disposition referred to in paragraph (a) hereof shall void the request. ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the appropriate officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request. Provided, further, that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the motion of the governor of the sending state or upon motion of the prisoner. (b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. These authorities in the sending state simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceedings made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoner's delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. ARTICLE V (a) In response to a request made under article III or article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of such person's authority to act for the state into whose temporary custody the prisoner is being given; and (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of such person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and while being transported to or from any place at which the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good and honor time shall be earned by the prisoner only if and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner as in the case of other criminal prosecution costs. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (b) No provision of this agreement and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement. ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1970, ch. 560, § 1; 1972, ch. 865, § 1; T.C.A., § 40-3901.
The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:
The contracting states solemnly agree that:
ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
ARTICLE II As used in this agreement: (a) "Receiving state" means a state in which trial is to be had on an indictment, information or complaint pursuant to article III or article IV hereof; (b) "Sending state" means a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof; and (c) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico.
As used in this agreement:
(a) "Receiving state" means a state in which trial is to be had on an indictment, information or complaint pursuant to article III or article IV hereof;
(b) "Sending state" means a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof; and
(c) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico.
ARTICLE III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the person shall be brought to trial within one hundred eighty (180) days after having caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of the person's imprisonment and request for a final disposition to be made of the indictment, information or complaint; provided, that for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner's body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to the prisoner's execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the person shall be brought to trial within one hundred eighty (180) days after having caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of the person's imprisonment and request for a final disposition to be made of the indictment, information or complaint; provided, that for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner's body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to the prisoner's execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the appropriate officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request. Provided, further, that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the motion of the governor of the sending state or upon motion of the prisoner. (b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. These authorities in the sending state simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceedings made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoner's delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the appropriate officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request. Provided, further, that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the motion of the governor of the sending state or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good and honor time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. These authorities in the sending state simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
(c) In respect of any proceedings made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoner's delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
ARTICLE V (a) In response to a request made under article III or article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of such person's authority to act for the state into whose temporary custody the prisoner is being given; and (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of such person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and while being transported to or from any place at which the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good and honor time shall be earned by the prisoner only if and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner as in the case of other criminal prosecution costs. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves.
(a) In response to a request made under article III or article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of such person's authority to act for the state into whose temporary custody the prisoner is being given; and (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(1) Proper identification and evidence of such person's authority to act for the state into whose temporary custody the prisoner is being given; and
(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of such person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and while being transported to or from any place at which the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good and honor time shall be earned by the prisoner only if and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner as in the case of other criminal prosecution costs. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves.
ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (b) No provision of this agreement and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
(a) In determining the duration and expiration dates of the time periods provided in articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1970, ch. 560, § 1; 1972, ch. 865, § 1; T.C.A., § 40-3901.
Tenn. Code Ann. § 40-35-114 — TN Code / Title 40 / Chapter 35 / Section 40-35-114
Enhancement factors
Status: in_force

If appropriate for the offense and if not already an essential element of the offense, the court shall consider, but is not bound by, the following advisory factors in determining whether to enhance a defendant's sentence: (1) The defendant has a previous history of criminal convictions or criminal behavior, in addition to those necessary to establish the appropriate range; (2) The defendant was a leader in the commission of an offense involving two (2) or more criminal actors; (3) The offense involved more than one (1) victim; (4) A victim of the offense was particularly vulnerable because of age or physical or mental disability; (5) The defendant treated, or allowed a victim to be treated, with exceptional cruelty during the commission of the offense; (6) The personal injuries inflicted upon, or the amount of damage to property sustained by or taken from, the victim was particularly great; (7) The offense involved a victim and was committed to gratify the defendant's desire for pleasure or excitement; (8) The defendant, before trial or sentencing, failed to comply with the conditions of a sentence involving release into the community; (9) The defendant possessed or employed a firearm, explosive device or other deadly weapon during the commission of the offense; (10) The defendant had no hesitation about committing a crime when the risk to human life was high; (11) The felony resulted in death or serious bodily injury, or involved the threat of death or serious bodily injury, to another person, and the defendant has previously been convicted of a felony that resulted in death or serious bodily injury; (12) During the commission of the felony, the defendant intentionally inflicted serious bodily injury upon another person, or the actions of the defendant resulted in the death of, or serious bodily injury to, a victim or a person other than the intended victim; (13) At the time the felony was committed, one (1) of the following classifications was applicable to the defendant: (A) Released on bail or pretrial release, if the defendant is ultimately convicted of the prior misdemeanor or felony; (B) Released on parole; (C) Released on probation; (D) On work release; (E) On community corrections; (F) On some form of judicially ordered release; (G) On any other type of release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government; (H) On escape status; or (I) Incarcerated in any penal institution on a misdemeanor or felony charge or a misdemeanor or felony conviction; (14) The defendant abused a position of public or private trust, or used a professional license in a manner that significantly facilitated the commission or the fulfillment of the offense; (15) The defendant committed the offense on the grounds or facilities of a pre-kindergarten through grade twelve (pre-K-12) public or private institution of learning when minors were present; (16) The defendant was adjudicated to have committed a delinquent act or acts as a juvenile that would constitute a felony if committed by an adult; (17) The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry or gender of that person or the owner or occupant of that property; however, this subdivision (17) should not be construed to permit the enhancement of a sexual offense on the basis of gender selection alone; (18) The offense was an act of terrorism or was related to an act of terrorism; (19) If the defendant is convicted of the offense of aggravated assault pursuant to § 39-13-102 , the victim of the aggravated assault was a law enforcement officer, firefighter, correctional officer, youth services officer, probation and parole officer, a state registered security guard/officer, an employee of the department of correction or the department of children's services, a uniformed member of the armed forces or national guard, an emergency medical or rescue worker, emergency medical technician or paramedic, whether compensated or acting as a volunteer; provided, that the victim was performing an official duty and the defendant knew or should have known that the victim was such an officer or employee; (20) If the defendant is convicted of the offenses of rape pursuant to § 39-13-503 , sexual battery pursuant to § 39-13-505 or rape of a child pursuant to § 39-13-522 , the defendant caused the victim to be mentally incapacitated or physically helpless by use of a controlled substance or controlled substance analogue; (21) If the defendant is convicted of the offenses of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , rape of a child pursuant to § 39-13-522 or statutory rape pursuant to § 39-13-506 , the defendant knew or should have known that, at the time of the offense, the defendant was HIV positive; (22) (A) If the defendant is convicted of the offenses of aggravated arson pursuant to § 39-14-302 or vandalism pursuant to § 39-14-408 , the damage or destruction was caused to a structure, whether temporary or permanent in nature, used as a place of worship and the defendant knew or should have known that it was a place of worship; (B) As used in subdivision (22)(A), "place of worship" means any structure that is: (i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (ii) Utilized on a regular basis by a religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship; (23) The defendant is an adult and sells to or gives or exchanges a controlled substance, controlled substance analogue or other illegal drug with a minor; (24) The offense involved the theft of property and, as a result of the manner in which the offense was committed, the victim suffered significant damage to other property belonging to the victim or for which the victim was responsible; (25) (A) The defendant commits an offense: (i) During the time period between the first occurrence of events or conduct that later results in a declaration of a state of emergency by a county, the governor, or the president of the United States and the time the county, governor, or the president of the United States terminates the state of emergency, as provided in § 58-2-107 ; (ii) Within the area or areas threatened by the emergency, as established by the county's, governor's, or president's declaration of a state of emergency; and (iii) Knowing of the existence of the emergency; (B) As used in this subdivision (25): (i) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; and (ii) "Offense" means the defendant is convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-408 , or any other offense involving theft or vandalism that is graded by value pursuant to § 39-14-105 , and the value of the property or service taken or property damaged is no greater than the value provided in § 39-14-105 for a Class E felony; (26) The defendant committed the offense of robbery pursuant to § 39-13-401 , aggravated robbery pursuant to § 39-13-402 , or especially aggravated robbery pursuant to § 39-13-403 , on the premises of a licensed pharmacy in an effort to unlawfully obtain, sell, give, or exchange a controlled substance, controlled substance analogue, or other illegal drug; (27) The defendant commits a violent offense, as classified in § 40-35-120(b) , against a uniformed law enforcement officer or uniformed member of the armed forces or national guard; and the defendant intentionally selected the person against whom the crime was committed, in whole or in part, because of the person's status as a law enforcement officer or member of the armed forces or national guard; (28) At the time the instant offense was committed, the defendant was illegally or unlawfully in the United States; (29) The offense involved the theft of a firearm from a motor vehicle, as defined in § 55-1-103 ; (30) (A) The defendant committed the offense of aggravated assault, as defined in § 39-13-102(a) , or attempted first degree murder, as defined in § 39-13-202 , on the grounds or premises of a healthcare facility; (B) As used in this subdivision (30), "healthcare facility" means a hospital licensed under title 33 or 68; and (31) The defendant committed an offense under title 39, chapter 13, part 1, 2, 3, 4, or 5 while engaged in the performance of official duties as a law enforcement officer. Amended by 2023 Tenn. Acts, ch. 318, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 306, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 108, s 11, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 580, s 18, eff. 7/1/2020. Amended by 2017 Tenn. Acts, ch. 492, s 1, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 265, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 265, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 934, s 1, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 1025, s 1, eff. 1/1/2017. Amended by 2015 Tenn. Acts, ch. 443, s 1, eff. 7/1/2015. Acts 1989, ch. 591, § 6; 1992, ch. 837, § 1; 1994, ch. 821, § 1; 1994, ch. 978, § 5; 1995, ch. 302, § 1; 1995, ch. 322, § 2; 1995, ch. 515, § 2; 1997 , ch. 437, § 3; 1997 , ch. 547, § 3; 2000, ch. 896, § 1; 2002, ch. 849, § 2c; 2005, ch. 353, § 5; 2007 , ch. 173, § 1; 2008 , ch. 690, § 2; 2012 , ch. 848, § 33.
If appropriate for the offense and if not already an essential element of the offense, the court shall consider, but is not bound by, the following advisory factors in determining whether to enhance a defendant's sentence:
(1) The defendant has a previous history of criminal convictions or criminal behavior, in addition to those necessary to establish the appropriate range;
(2) The defendant was a leader in the commission of an offense involving two (2) or more criminal actors;
(3) The offense involved more than one (1) victim;
(4) A victim of the offense was particularly vulnerable because of age or physical or mental disability;
(5) The defendant treated, or allowed a victim to be treated, with exceptional cruelty during the commission of the offense;
(6) The personal injuries inflicted upon, or the amount of damage to property sustained by or taken from, the victim was particularly great;
(7) The offense involved a victim and was committed to gratify the defendant's desire for pleasure or excitement;
(8) The defendant, before trial or sentencing, failed to comply with the conditions of a sentence involving release into the community;
(9) The defendant possessed or employed a firearm, explosive device or other deadly weapon during the commission of the offense;
(10) The defendant had no hesitation about committing a crime when the risk to human life was high;
(11) The felony resulted in death or serious bodily injury, or involved the threat of death or serious bodily injury, to another person, and the defendant has previously been convicted of a felony that resulted in death or serious bodily injury;
(12) During the commission of the felony, the defendant intentionally inflicted serious bodily injury upon another person, or the actions of the defendant resulted in the death of, or serious bodily injury to, a victim or a person other than the intended victim;
(13) At the time the felony was committed, one (1) of the following classifications was applicable to the defendant: (A) Released on bail or pretrial release, if the defendant is ultimately convicted of the prior misdemeanor or felony; (B) Released on parole; (C) Released on probation; (D) On work release; (E) On community corrections; (F) On some form of judicially ordered release; (G) On any other type of release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government; (H) On escape status; or (I) Incarcerated in any penal institution on a misdemeanor or felony charge or a misdemeanor or felony conviction;
(A) Released on bail or pretrial release, if the defendant is ultimately convicted of the prior misdemeanor or felony;
(B) Released on parole;
(C) Released on probation;
(D) On work release;
(E) On community corrections;
(F) On some form of judicially ordered release;
(G) On any other type of release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government;
(H) On escape status; or
(I) Incarcerated in any penal institution on a misdemeanor or felony charge or a misdemeanor or felony conviction;
(14) The defendant abused a position of public or private trust, or used a professional license in a manner that significantly facilitated the commission or the fulfillment of the offense;
(15) The defendant committed the offense on the grounds or facilities of a pre-kindergarten through grade twelve (pre-K-12) public or private institution of learning when minors were present;
(16) The defendant was adjudicated to have committed a delinquent act or acts as a juvenile that would constitute a felony if committed by an adult;
(17) The defendant intentionally selected the person against whom the crime was committed or selected the property that was damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, ancestry or gender of that person or the owner or occupant of that property; however, this subdivision (17) should not be construed to permit the enhancement of a sexual offense on the basis of gender selection alone;
(18) The offense was an act of terrorism or was related to an act of terrorism;
(19) If the defendant is convicted of the offense of aggravated assault pursuant to § 39-13-102 , the victim of the aggravated assault was a law enforcement officer, firefighter, correctional officer, youth services officer, probation and parole officer, a state registered security guard/officer, an employee of the department of correction or the department of children's services, a uniformed member of the armed forces or national guard, an emergency medical or rescue worker, emergency medical technician or paramedic, whether compensated or acting as a volunteer; provided, that the victim was performing an official duty and the defendant knew or should have known that the victim was such an officer or employee;
(20) If the defendant is convicted of the offenses of rape pursuant to § 39-13-503 , sexual battery pursuant to § 39-13-505 or rape of a child pursuant to § 39-13-522 , the defendant caused the victim to be mentally incapacitated or physically helpless by use of a controlled substance or controlled substance analogue;
(21) If the defendant is convicted of the offenses of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , rape of a child pursuant to § 39-13-522 or statutory rape pursuant to § 39-13-506 , the defendant knew or should have known that, at the time of the offense, the defendant was HIV positive;
(22) (A) If the defendant is convicted of the offenses of aggravated arson pursuant to § 39-14-302 or vandalism pursuant to § 39-14-408 , the damage or destruction was caused to a structure, whether temporary or permanent in nature, used as a place of worship and the defendant knew or should have known that it was a place of worship; (B) As used in subdivision (22)(A), "place of worship" means any structure that is: (i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (ii) Utilized on a regular basis by a religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(A) If the defendant is convicted of the offenses of aggravated arson pursuant to § 39-14-302 or vandalism pursuant to § 39-14-408 , the damage or destruction was caused to a structure, whether temporary or permanent in nature, used as a place of worship and the defendant knew or should have known that it was a place of worship;
(B) As used in subdivision (22)(A), "place of worship" means any structure that is: (i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (ii) Utilized on a regular basis by a religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and
(ii) Utilized on a regular basis by a religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(23) The defendant is an adult and sells to or gives or exchanges a controlled substance, controlled substance analogue or other illegal drug with a minor;
(24) The offense involved the theft of property and, as a result of the manner in which the offense was committed, the victim suffered significant damage to other property belonging to the victim or for which the victim was responsible;
(25) (A) The defendant commits an offense: (i) During the time period between the first occurrence of events or conduct that later results in a declaration of a state of emergency by a county, the governor, or the president of the United States and the time the county, governor, or the president of the United States terminates the state of emergency, as provided in § 58-2-107 ; (ii) Within the area or areas threatened by the emergency, as established by the county's, governor's, or president's declaration of a state of emergency; and (iii) Knowing of the existence of the emergency; (B) As used in this subdivision (25): (i) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; and (ii) "Offense" means the defendant is convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-408 , or any other offense involving theft or vandalism that is graded by value pursuant to § 39-14-105 , and the value of the property or service taken or property damaged is no greater than the value provided in § 39-14-105 for a Class E felony;
(A) The defendant commits an offense: (i) During the time period between the first occurrence of events or conduct that later results in a declaration of a state of emergency by a county, the governor, or the president of the United States and the time the county, governor, or the president of the United States terminates the state of emergency, as provided in § 58-2-107 ; (ii) Within the area or areas threatened by the emergency, as established by the county's, governor's, or president's declaration of a state of emergency; and (iii) Knowing of the existence of the emergency;
(i) During the time period between the first occurrence of events or conduct that later results in a declaration of a state of emergency by a county, the governor, or the president of the United States and the time the county, governor, or the president of the United States terminates the state of emergency, as provided in § 58-2-107 ;
(ii) Within the area or areas threatened by the emergency, as established by the county's, governor's, or president's declaration of a state of emergency; and
(iii) Knowing of the existence of the emergency;
(B) As used in this subdivision (25): (i) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; and (ii) "Offense" means the defendant is convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-408 , or any other offense involving theft or vandalism that is graded by value pursuant to § 39-14-105 , and the value of the property or service taken or property damaged is no greater than the value provided in § 39-14-105 for a Class E felony;
(i) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; and
(ii) "Offense" means the defendant is convicted of a violation of § 39-14-103 , § 39-14-104 , § 39-14-408 , or any other offense involving theft or vandalism that is graded by value pursuant to § 39-14-105 , and the value of the property or service taken or property damaged is no greater than the value provided in § 39-14-105 for a Class E felony;
(26) The defendant committed the offense of robbery pursuant to § 39-13-401 , aggravated robbery pursuant to § 39-13-402 , or especially aggravated robbery pursuant to § 39-13-403 , on the premises of a licensed pharmacy in an effort to unlawfully obtain, sell, give, or exchange a controlled substance, controlled substance analogue, or other illegal drug;
(27) The defendant commits a violent offense, as classified in § 40-35-120(b) , against a uniformed law enforcement officer or uniformed member of the armed forces or national guard; and the defendant intentionally selected the person against whom the crime was committed, in whole or in part, because of the person's status as a law enforcement officer or member of the armed forces or national guard;
(28) At the time the instant offense was committed, the defendant was illegally or unlawfully in the United States;
(29) The offense involved the theft of a firearm from a motor vehicle, as defined in § 55-1-103 ;
(30) (A) The defendant committed the offense of aggravated assault, as defined in § 39-13-102(a) , or attempted first degree murder, as defined in § 39-13-202 , on the grounds or premises of a healthcare facility; (B) As used in this subdivision (30), "healthcare facility" means a hospital licensed under title 33 or 68; and
(A) The defendant committed the offense of aggravated assault, as defined in § 39-13-102(a) , or attempted first degree murder, as defined in § 39-13-202 , on the grounds or premises of a healthcare facility;
(B) As used in this subdivision (30), "healthcare facility" means a hospital licensed under title 33 or 68; and
(31) The defendant committed an offense under title 39, chapter 13, part 1, 2, 3, 4, or 5 while engaged in the performance of official duties as a law enforcement officer.
Amended by 2023 Tenn. Acts, ch. 318, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 306, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 108, s 11, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 580, s 18, eff. 7/1/2020.
Amended by 2017 Tenn. Acts, ch. 492, s 1, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 265, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 265, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 934, s 1, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 1025, s 1, eff. 1/1/2017.
Amended by 2015 Tenn. Acts, ch. 443, s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 6; 1992, ch. 837, § 1; 1994, ch. 821, § 1; 1994, ch. 978, § 5; 1995, ch. 302, § 1; 1995, ch. 322, § 2; 1995, ch. 515, § 2; 1997 , ch. 437, § 3; 1997 , ch. 547, § 3; 2000, ch. 896, § 1; 2002, ch. 849, § 2c; 2005, ch. 353, § 5; 2007 , ch. 173, § 1; 2008 , ch. 690, § 2; 2012 , ch. 848, § 33.
Tenn. Code Ann. § 40-13-204 — TN Code / Title 40 / Chapter 13 / Section 40-13-204
Presumptions and matters of judicial notice
Status: in_force

Presumptions of law and matters of which judicial notice is taken need not be stated. Code 1858, § 5118; Shan., § 7081; mod. Code 1932, § 11626; T.C.A. (orig. ed.), § 40-1804.
Presumptions of law and matters of which judicial notice is taken need not be stated.
Code 1858, § 5118; Shan., § 7081; mod. Code 1932, § 11626; T.C.A. (orig. ed.), § 40-1804.
Tenn. Code Ann. § 40-35-112 — TN Code / Title 40 / Chapter 35 / Section 40-35-112
Sentence ranges
Status: in_force

(a) A Range I sentence is as follows: (1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years; (2) For a Class B felony, not less than eight (8) nor more than twelve (12) years; (3) For a Class C felony, not less than three (3) nor more than six (6) years; (4) For a Class D felony, not less than two (2) nor more than four (4) years; and (5) For a Class E felony, not less than one (1) nor more than two (2) years. (b) A Range II sentence is as follows: (1) For a Class A felony, not less than twenty-five (25) nor more than forty (40) years; (2) For a Class B felony, not less than twelve (12) nor more than twenty (20) years; (3) For a Class C felony, not less than six (6) nor more than ten (10) years; (4) For a Class D felony, not less than four (4) nor more than eight (8) years; and (5) For a Class E felony, not less than two (2) nor more than four (4) years. (c) A Range III sentence is as follows: (1) For a Class A felony, not less than forty (40) nor more than sixty (60) years; (2) For a Class B felony, not less than twenty (20) nor more than thirty (30) years; (3) For a Class C felony, not less than ten (10) nor more than fifteen (15) years; (4) For a Class D felony, not less than eight (8) nor more than twelve (12) years; and (5) For a Class E felony, not less than four (4) nor more than six (6) years. Acts 1989, ch. 591, § 6.
(a) A Range I sentence is as follows: (1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years; (2) For a Class B felony, not less than eight (8) nor more than twelve (12) years; (3) For a Class C felony, not less than three (3) nor more than six (6) years; (4) For a Class D felony, not less than two (2) nor more than four (4) years; and (5) For a Class E felony, not less than one (1) nor more than two (2) years.
(1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years;
(2) For a Class B felony, not less than eight (8) nor more than twelve (12) years;
(3) For a Class C felony, not less than three (3) nor more than six (6) years;
(4) For a Class D felony, not less than two (2) nor more than four (4) years; and
(5) For a Class E felony, not less than one (1) nor more than two (2) years.
(b) A Range II sentence is as follows: (1) For a Class A felony, not less than twenty-five (25) nor more than forty (40) years; (2) For a Class B felony, not less than twelve (12) nor more than twenty (20) years; (3) For a Class C felony, not less than six (6) nor more than ten (10) years; (4) For a Class D felony, not less than four (4) nor more than eight (8) years; and (5) For a Class E felony, not less than two (2) nor more than four (4) years.
(1) For a Class A felony, not less than twenty-five (25) nor more than forty (40) years;
(2) For a Class B felony, not less than twelve (12) nor more than twenty (20) years;
(3) For a Class C felony, not less than six (6) nor more than ten (10) years;
(4) For a Class D felony, not less than four (4) nor more than eight (8) years; and
(5) For a Class E felony, not less than two (2) nor more than four (4) years.
(c) A Range III sentence is as follows: (1) For a Class A felony, not less than forty (40) nor more than sixty (60) years; (2) For a Class B felony, not less than twenty (20) nor more than thirty (30) years; (3) For a Class C felony, not less than ten (10) nor more than fifteen (15) years; (4) For a Class D felony, not less than eight (8) nor more than twelve (12) years; and (5) For a Class E felony, not less than four (4) nor more than six (6) years.
(1) For a Class A felony, not less than forty (40) nor more than sixty (60) years;
(2) For a Class B felony, not less than twenty (20) nor more than thirty (30) years;
(3) For a Class C felony, not less than ten (10) nor more than fifteen (15) years;
(4) For a Class D felony, not less than eight (8) nor more than twelve (12) years; and
(5) For a Class E felony, not less than four (4) nor more than six (6) years.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-36-306 — TN Code / Title 40 / Chapter 36 / Section 40-36-306
Supervision fee
Status: in_force

(a) A supervision fee in the amount of fifteen dollars ($15.00) per month is imposed upon every offender serving a sentence under the supervision of a community corrections grantee. The fee may be waived in those cases determined to be hardship cases, as defined in § 40-28-202 . (b) The grantee shall be responsible for collecting and accounting for the fees. (c) Any fees collected pursuant to this section shall be retained by the grantee and reported to the department of correction. (d) The department of correction shall offset the amount of any fees collected under this section against any sums due under the grant contract with the grantee. (e) The grantee shall make an investigation of the financial and other circumstances of any person under its supervision and, based upon the person's ability to pay, shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the grantee to the general fund beginning thirty (30) days from the date the offender is placed under the supervision of the grantee or, in the case of an offender, the date of employment. The payment required under this subsection (e) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as defined in § 40-28-202 , the department of correction may modify the payment required by this subsection (e) to an appropriate amount given the nature and magnitude of the hardship. (f) In addition to any other fees imposed by this section, the trial court may assess an additional fee against any offender sentenced to participate in a community corrections program, either as a community corrections sentence or as a condition of probation, to offset the cost of the program; provided, that the program is one that has been certified by the department of correction as meeting promulgated criteria relating to achievement of goals and cost of the program. Acts 1990, ch. 616, § 2; 1996, ch. 871, §§ 2, 3; 1996, ch. 951, § 1; 1998, ch. 1049, § 45; 2012, ch. 727, § 46.
(a) A supervision fee in the amount of fifteen dollars ($15.00) per month is imposed upon every offender serving a sentence under the supervision of a community corrections grantee. The fee may be waived in those cases determined to be hardship cases, as defined in § 40-28-202 .
(b) The grantee shall be responsible for collecting and accounting for the fees.
(c) Any fees collected pursuant to this section shall be retained by the grantee and reported to the department of correction.
(d) The department of correction shall offset the amount of any fees collected under this section against any sums due under the grant contract with the grantee.
(e) The grantee shall make an investigation of the financial and other circumstances of any person under its supervision and, based upon the person's ability to pay, shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the grantee to the general fund beginning thirty (30) days from the date the offender is placed under the supervision of the grantee or, in the case of an offender, the date of employment. The payment required under this subsection (e) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as defined in § 40-28-202 , the department of correction may modify the payment required by this subsection (e) to an appropriate amount given the nature and magnitude of the hardship.
(f) In addition to any other fees imposed by this section, the trial court may assess an additional fee against any offender sentenced to participate in a community corrections program, either as a community corrections sentence or as a condition of probation, to offset the cost of the program; provided, that the program is one that has been certified by the department of correction as meeting promulgated criteria relating to achievement of goals and cost of the program.
Acts 1990, ch. 616, § 2; 1996, ch. 871, §§ 2, 3; 1996, ch. 951, § 1; 1998, ch. 1049, § 45; 2012, ch. 727, § 46.
Tenn. Code Ann. § 40-38-602 — TN Code / Title 40 / Chapter 38 / Section 40-38-602
Crime victim address confidentiality program
Status: in_force

(a) The secretary of state shall establish a crime victim address confidentiality program, which must be open to applicants who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense, as well as co-applicants, the children of an applicant or co-applicant living at the same address as the applicant or co-applicant, and persons with disabilities for whom an applicant or co-applicant serves as a fiduciary and are living at the same address as the applicant or co-applicant if those persons satisfy the requirements of this part, at no cost to the program participant. (b) This program shall provide the participant with the use of a substitute address for the participant and shall not disclose the participant's name, confidential address, phone number, or any other information contained within the program participant's file except as otherwise provided by this part. (c) Whenever a program participant is required by law to swear to or affirm the participant's address, the participant may use the participant's substitute address. Wherever a program participant is required by law to establish residency, the participant may present evidence of program participation and use the participant's substitute address. Where residency must be verified in order to establish eligibility for public benefits, the governmental entity requiring verification shall submit a written request to the secretary of state, on a form prescribed by the secretary of state, whereby the secretary of state shall provide the governmental entity with a statement as to whether the program participant is eligible for benefits, based on the information known to the secretary of state. (d) The substitute address shall not be used: (1) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or (2) On any document related to real property recorded with a county clerk and recorder. (e) Notwithstanding any other applicable law, the substitute address may be used for motor vehicle records and may be printed on a person's driver or photo identification license. (f) Except as otherwise provided in this part, a program participant's confidential address, and any other information contained within a program participant's file, maintained by a state or local government agency, or disclosed by the secretary of state under this part, is not a public record. This subsection (f) shall not apply: (1) To any public record created more than thirty (30) days prior to the date that the program participant applied to be certified in the program; or (2) If a program participant voluntarily requests that a state or local government agency use the participant's confidential address or voluntarily gives the confidential address to the state or local government agency, except voter registration records and absentee ballot requests shall be confidential for purposes of this part. (g) For any public record created within thirty (30) days prior to the date that a program participant applied to be certified in the program, a state or local governmental agency shall redact the confidential address from a public record or change the confidential address to the substitute address in the public record, if a program participant presents evidence of program certification and requests the agency that maintains the public record to use the substitute address instead of the confidential address on the public record. (h) Except as provided in this part, where a program participant has provided evidence of program participation to a governmental entity, any record that includes a program participant's confidential address pursuant to this part shall be confidential and not available for inspection by anyone other than the program participant. (i) Notwithstanding any other applicable law, documentation concerning any tool of designation or identification or internal processes implemented by a governmental entity in documenting program participation within the governmental entity's records shall be confidential and not available for inspection. (j) An application or voter registration form completed under this part, along with any supporting materials, is not a public record that is subject to inspection and shall be kept confidential. Amended by 2021 Tenn. Acts, ch. 140, Secs.s4, s5, s6 eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 577, s 2, eff. 3/19/2020. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) The secretary of state shall establish a crime victim address confidentiality program, which must be open to applicants who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense, as well as co-applicants, the children of an applicant or co-applicant living at the same address as the applicant or co-applicant, and persons with disabilities for whom an applicant or co-applicant serves as a fiduciary and are living at the same address as the applicant or co-applicant if those persons satisfy the requirements of this part, at no cost to the program participant.
(b) This program shall provide the participant with the use of a substitute address for the participant and shall not disclose the participant's name, confidential address, phone number, or any other information contained within the program participant's file except as otherwise provided by this part.
(c) Whenever a program participant is required by law to swear to or affirm the participant's address, the participant may use the participant's substitute address. Wherever a program participant is required by law to establish residency, the participant may present evidence of program participation and use the participant's substitute address. Where residency must be verified in order to establish eligibility for public benefits, the governmental entity requiring verification shall submit a written request to the secretary of state, on a form prescribed by the secretary of state, whereby the secretary of state shall provide the governmental entity with a statement as to whether the program participant is eligible for benefits, based on the information known to the secretary of state.
(d) The substitute address shall not be used: (1) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or (2) On any document related to real property recorded with a county clerk and recorder.
(1) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or
(2) On any document related to real property recorded with a county clerk and recorder.
(e) Notwithstanding any other applicable law, the substitute address may be used for motor vehicle records and may be printed on a person's driver or photo identification license.
(f) Except as otherwise provided in this part, a program participant's confidential address, and any other information contained within a program participant's file, maintained by a state or local government agency, or disclosed by the secretary of state under this part, is not a public record. This subsection (f) shall not apply: (1) To any public record created more than thirty (30) days prior to the date that the program participant applied to be certified in the program; or (2) If a program participant voluntarily requests that a state or local government agency use the participant's confidential address or voluntarily gives the confidential address to the state or local government agency, except voter registration records and absentee ballot requests shall be confidential for purposes of this part.
(1) To any public record created more than thirty (30) days prior to the date that the program participant applied to be certified in the program; or
(2) If a program participant voluntarily requests that a state or local government agency use the participant's confidential address or voluntarily gives the confidential address to the state or local government agency, except voter registration records and absentee ballot requests shall be confidential for purposes of this part.
(g) For any public record created within thirty (30) days prior to the date that a program participant applied to be certified in the program, a state or local governmental agency shall redact the confidential address from a public record or change the confidential address to the substitute address in the public record, if a program participant presents evidence of program certification and requests the agency that maintains the public record to use the substitute address instead of the confidential address on the public record.
(h) Except as provided in this part, where a program participant has provided evidence of program participation to a governmental entity, any record that includes a program participant's confidential address pursuant to this part shall be confidential and not available for inspection by anyone other than the program participant.
(i) Notwithstanding any other applicable law, documentation concerning any tool of designation or identification or internal processes implemented by a governmental entity in documenting program participation within the governmental entity's records shall be confidential and not available for inspection.
(j) An application or voter registration form completed under this part, along with any supporting materials, is not a public record that is subject to inspection and shall be kept confidential.
Amended by 2021 Tenn. Acts, ch. 140, Secs.s4, s5, s6 eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 577, s 2, eff. 3/19/2020.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-28-501 — TN Code / Title 40 / Chapter 28 / Section 40-28-501
Short title
Status: in_force

This part shall be known and may be cited as the "Open Parole Hearings Act." Acts 1993, ch. 336, § 1.
This part shall be known and may be cited as the "Open Parole Hearings Act."
Acts 1993, ch. 336, § 1.
Tenn. Code Ann. § 40-7-104 — TN Code / Title 40 / Chapter 7 / Section 40-7-104
Time of arrest by officer
Status: in_force

Arrests by officers for public offenses may be made on any day and at any time. Code 1858, § 5033; Shan., § 6993; Code 1932, § 11532; T.C.A. (orig. ed.), § 40-804.
Arrests by officers for public offenses may be made on any day and at any time.
Code 1858, § 5033; Shan., § 6993; Code 1932, § 11532; T.C.A. (orig. ed.), § 40-804.
Tenn. Code Ann. § 40-14-303 — TN Code / Title 40 / Chapter 14 / Section 40-14-303
Qualifications of reporters - Seminars
Status: in_force

(a) The qualifications of court reporters shall be determined in accordance with standards formulated by the administrative director. (b) The administrative director is authorized to conduct training or educational seminars for persons designated as court reporters pursuant to § 40-14-302 and to require their attendance at training or educational seminars. Acts 1965, ch. 221, § 3; T.C.A., § 40-2031; Acts 1985, ch. 14, § 1; 1993, ch. 66, §§ 56, 57.
(a) The qualifications of court reporters shall be determined in accordance with standards formulated by the administrative director.
(b) The administrative director is authorized to conduct training or educational seminars for persons designated as court reporters pursuant to § 40-14-302 and to require their attendance at training or educational seminars.
Acts 1965, ch. 221, § 3; T.C.A., § 40-2031; Acts 1985, ch. 14, § 1; 1993, ch. 66, §§ 56, 57.
Tenn. Code Ann. § 40-20-117 — TN Code / Title 40 / Chapter 20 / Section 40-20-117
Jail or workhouse sentences of less than one (1)
Status: in_force

(a) Whenever any person is sentenced to imprisonment in a county jail or workhouse for a period not to exceed eleven (11) months and twenty-nine (29) days, the judge of the court in which the sentence is imposed may, in the judge's discretion, include in the order of judgment suitable provisions and directions to the officer to whose custody the prisoner is committed for safekeeping as will ensure that the convicted person will be allowed to serve the sentence on nonconsecutive days, which may include, but is not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the judge of the committing court until the sentence is served or until the convicted person is lawfully released prior to the expiration of the person's sentence. (b) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the convicted person in any jail or workhouse shall adopt procedures for the release of the convicted person at the times specified in the order of judgment and for receiving the person back into custody at the specified times. Willful failure of any official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally. (c) Failure of the convicted person to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the convicted person's safekeeping in the jail or workhouse within the time specified in the order of judgment constitutes grounds for the suspension or revocation of the privilege granted, in the discretion of the court. The order of judgment may specify time limits beyond which a continued absence shall be considered an escape and the offender shall then be liable to punishment for escape as provided by law; provided, that the person sentenced may elect to serve the person's sentence on consecutive days. Acts 1970, ch. 458, § 1; T.C.A., § 40-2719.
(a) Whenever any person is sentenced to imprisonment in a county jail or workhouse for a period not to exceed eleven (11) months and twenty-nine (29) days, the judge of the court in which the sentence is imposed may, in the judge's discretion, include in the order of judgment suitable provisions and directions to the officer to whose custody the prisoner is committed for safekeeping as will ensure that the convicted person will be allowed to serve the sentence on nonconsecutive days, which may include, but is not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the judge of the committing court until the sentence is served or until the convicted person is lawfully released prior to the expiration of the person's sentence.
(b) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the convicted person in any jail or workhouse shall adopt procedures for the release of the convicted person at the times specified in the order of judgment and for receiving the person back into custody at the specified times. Willful failure of any official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(c) Failure of the convicted person to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the convicted person's safekeeping in the jail or workhouse within the time specified in the order of judgment constitutes grounds for the suspension or revocation of the privilege granted, in the discretion of the court. The order of judgment may specify time limits beyond which a continued absence shall be considered an escape and the offender shall then be liable to punishment for escape as provided by law; provided, that the person sentenced may elect to serve the person's sentence on consecutive days.
Acts 1970, ch. 458, § 1; T.C.A., § 40-2719.
Tenn. Code Ann. § 40-39-202 — TN Code / Title 40 / Chapter 39 / Section 40-39-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Conviction" means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, a finding of guilt by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. "Conviction" includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court in any other state of the United States, other jurisdiction or other country. A conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court for an offense committed in another jurisdiction that would be classified as a sexual offense or a violent sexual offense if committed in this state shall be considered a conviction for the purposes of this part. An adjudication in another state for a delinquent act committed in another jurisdiction that would be classified as a violent juvenile sexual offense under this section, if committed in this state, shall be considered a violent juvenile sexual offense for the purposes of this part. "Convictions," for the purposes of this part, also include a plea taken in conjunction with § 40-35-313 or its equivalent in any other jurisdiction. "Conviction" also includes a juvenile delinquency adjudication for a violent juvenile sexual offense if the offense occurs on or after July 1, 2011; (2) "Designated law enforcement agency" means any law enforcement agency that has jurisdiction over the primary or secondary residence, place of physical presence, place of employment, school or institution of higher education where the student is enrolled or, for offenders on supervised probation or parole, the department of correction or court ordered probation officer; (3) "Employed or practices a vocation" means any full-time or part-time employment in the state, with or without compensation, or employment that involves counseling, coaching, teaching, supervising, volunteering or working with minors in any way, regardless of the period of employment, whether the employment is financially compensated, volunteered or performed for the purpose of any government or education benefit; (4) "Institution of higher education" means a public or private: (A) Community college; (B) College; (C) University; or (D) Independent postsecondary institution; (5) "Law enforcement agency of any institution of higher education" means any campus law enforcement arrangement authorized by § 49-7-118 ; (6) "Local law enforcement agency" means: (A) Within the territory of a municipality, the municipal police department; (B) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or (C) Within the unincorporated territory of a county, the sheriff's office; (7) "Minor" means any person under eighteen (18) years of age; (8) "Month" means a calendar month; (9) "Offender" means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. An offender who qualifies both as a sexual offender and a violent sexual offender or as a violent juvenile sexual offender and as a violent sexual offender shall be considered a violent sexual offender; (10) "Offender against children" means any sexual offender, violent sexual offender or violent juvenile sexual offender if the victim in one (1) or more of the offender's crimes was a child of twelve (12) years of age or less; (11) "Parent" means any biological parent, adoptive parent or step-parent, and includes any legal or court-appointed guardian or custodian; however, "parent" shall not include step-parent if the offender's victim was a minor less than thirteen (13) years of age; (12) "Primary residence" means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for five (5) consecutive days; (13) "Register" means the initial registration of an offender, or the re-registration of an offender after deletion or termination from the SOR; (14) "Registering agency" means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board; (15) "Relevant information deemed necessary to protect the public" means that information set forth in § 40-39-206(d)(1)-(15) ; (16) "Report" means appearance before the proper designated law enforcement agency for any of the purposes set out in this part; (17) "Resident" means any person who abides, lodges, resides or establishes any other living accommodations in this state, including establishing a physical presence in this state; (18) "Secondary residence" means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence; for a person whose primary residence is not in this state, a place where the person is employed, practices a vocation or is enrolled as a student for a period of fourteen (14) or more days in the aggregate during any calendar year; or a place where the person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and that is not the person's primary residence, including any out-of-state address; (19) "Sexual offender" means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction; (20) "Sexual offense" means: (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of: (i) Sexual battery, under § 39-13-505 ; (ii) Statutory rape, under § 39-13-506 , if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a) , statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c) , or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d) ; (iii) [Deleted by 2024 amendment.] (iv) Sexual exploitation of a minor, under § 39-17-1003 ; (v) False imprisonment where the victim is a minor, under § 39-13-302 , except when committed by a parent of the minor; (vi) Kidnapping, where the victim is a minor, under § 39-13-303 , except when committed by a parent of the minor; (vii) Indecent exposure, under § 39-13-511 , upon a third or subsequent conviction; (viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor; (ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former [former] § 39-13-507 [repealed]; (x) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (20)(A); (xi) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (20)(A); (xii) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (20)(A); (xiii) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (20)(A); (xiv) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (20)(A); (xv) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (20)(A); (xvi) Aggravated statutory rape, under § 39-13-506(c) ; (xvii) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, under § 39-13-529 ; (xviii) Promotion of prostitution, under § 39-13-515 ; (xix) Patronizing prostitution where the victim is a minor, under § 39-13-514 ; (xx) Observation without consent, under § 39-13-607 , upon a third or subsequent conviction; (xxi) Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony; (xxii) Unlawful photographing under § 39-13-605 when the offense is classified as a Class E or Class D felony; (xxiii) Sexual contact with inmates, under § 39-16-408 ; (xxiv) Unlawful photographing, under § 39-13-605 , when convicted as a misdemeanor if the judge orders the person to register as a sexual offender pursuant to § 39-13-605 ; (xxv) Aggravated unlawful photography, under § 39-13-611 ; or (xxvi) Sexual abuse of a corpse, under § 39-17-312(a)(4) ; (B) The commission of any act, that prior to November 1, 1989, constituted the criminal offense of: (i) Sexual battery, under [former] § 39-2-607 [repealed]; (ii) Statutory rape, under [former] § 39-2-605 [repealed], only if the facts of the conviction satisfy the definition of aggravated statutory rape; (iii) Assault with intent to commit rape or attempt to commit sexual battery, under [former] § 39-2-608 [repealed]; (iv) Incest, under [former] § 39-4-306 [repealed]; (v) Use of a minor for obscene purposes, under [former] § 39-6-1137 [repealed]; (vi) Promotion of performance including sexual conduct by a minor, under [former] § 39-6-1138 [repealed]; (vii) Criminal sexual conduct in the first degree, under [former] § 39-3703 [repealed]; (viii) Criminal sexual conduct in the second degree, under [former] § 39-3704 [repealed]; (ix) Criminal sexual conduct in the third degree, under [former] § 39-3705 [repealed]; (x) Kidnapping where the victim is a minor, under [former] § 39-2-303 [repealed], except when committed by a parent of the minor; (xi) Solicitation, under [former] § 39-1-401 [repealed] or [former] § 39-118(b) [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xii) Attempt, under § [former] 39-1-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xiii) Conspiracy, under [former] § 39-1-601 [repealed] or [former] § 39-1104 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); or (xiv) Accessory before or after the fact, or aider and abettor, under title 39, chapter 1, part 3 [repealed], to any of the offenses enumerated in this subdivision (20)(B); (21) "Social media" means websites and other online means of communication that are usually used by large groups of people to share information, to develop social and professional contacts, and that customarily require an identifying password and user identification to participate; (22) "SOR" means the TBI's centralized record system of offender registration, verification and tracking information; (23) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning; (24) "TBI" means the Tennessee bureau of investigation; (25) "TBI registration form" means the Tennessee sexual offender registration, verification and tracking form; (26) "TDOC" means the Tennessee department of correction; (27) "TIES" means the Tennessee information enforcement system; (28) (A) "Violent juvenile sexual offender" means a person who is adjudicated delinquent in this state for any act that constitutes a violent juvenile sexual offense; provided, that the person is at least fourteen (14) years of age but less than eighteen (18) years of age at the time the act is committed; (B) Upon an adjudication of delinquency in this state for an act that constitutes a violent juvenile sexual offense, the violent juvenile sexual offender shall also be considered a violent sexual offender under this part, unless otherwise set out in this part; (29) (A) "Violent juvenile sexual offense" means an adjudication of delinquency, for any act committed on or after July 1, 2011, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Rape of a child, under § 39-13-522 , if: (a) The victim is at least four (4) years younger than the offender; or (b) For acts occurring on or after July 1, 2024, the victim is less than four (4) years younger than the offender, and the judge, taking into account the facts and circumstances surrounding the delinquent act, orders that the juvenile be required to register as a violent juvenile sexual offender; (iv) Aggravated rape of a child, under § 39-13-531 ; or (v) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(A); (B) "Violent juvenile sexual offense" also means an adjudication of delinquency, for any act committed on or after July 1, 2014, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated sexual battery, under § 39-13-504 ; (ii) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(B); (30) "Violent sexual offender" means a person who has been convicted in this state of committing a violent sexual offense or has another qualifying conviction; (31) "Violent sexual offense" means the commission of any act that constitutes the criminal offense of: (A) Aggravated rape, under [former] § 39-2-603 [repealed] or § 39-13-502 ; (B) Rape, under [former] § 39-2-604 [repealed] or § 39-13-503 ; (C) Aggravated sexual battery, under [former] § 39-2-606 [repealed] or § 39-13-504 ; (D) Rape of a child, under § 39-13-522 ; (E) Attempt to commit rape, under [former] § 39-2-608 [repealed]; (F) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (G) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (H) Aggravated kidnapping where the victim is a minor, under § 39-13-304 , except when committed by a parent of the minor; (I) Especially aggravated kidnapping where the victim is a minor, under § 39-13-305 , except when committed by a parent of the minor; (J) Sexual battery by an authority figure, under § 39-13-527 ; (K) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony; (L) Spousal rape, under [former] § 39-13-507(b)(1) [repealed]; (M) Aggravated spousal rape, under [former] § 39-13-507(c)(1) [repealed]; (N) [Deleted by 2023 amendment.] (O) Statutory rape by an authority figure, under § 39-13-532 ; (P) Criminal attempt, under § 39-12-101 , [former] § 39-12-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (31); (Q) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (31); (R) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (31); (S) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (31); (T) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (31); (U) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (31); (V) Incest, under § 39-15-302 ; (W) Aggravated rape of a child under § 39-13-531 ; (X) [Deleted by 2024 amendment.] (Y) Trafficking for a commercial sex act, under § 39-13-309 ; (Z) Promotion of prostitution, under § 39-13-515 , where the person has a prior conviction for promotion of prostitution; or (AA) Continuous sexual abuse of a child, under § 39-13-518 ; and (32) "Within forty-eight (48) hours" means a continuous forty-eight-hour period, not including Saturdays, Sundays or federal or state holidays. Amended by 2024 Tenn. Acts, ch. 888,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 545,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 545,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 459, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 402, s 3, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 437, s 2, eff. 5/22/2019. Amended by 2018 Tenn. Acts, ch. 719, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 941, s 2, eff. 7/1/2016.
As used in this part, unless the context otherwise requires:
(1) "Conviction" means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, a finding of guilt by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. "Conviction" includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court in any other state of the United States, other jurisdiction or other country. A conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court for an offense committed in another jurisdiction that would be classified as a sexual offense or a violent sexual offense if committed in this state shall be considered a conviction for the purposes of this part. An adjudication in another state for a delinquent act committed in another jurisdiction that would be classified as a violent juvenile sexual offense under this section, if committed in this state, shall be considered a violent juvenile sexual offense for the purposes of this part. "Convictions," for the purposes of this part, also include a plea taken in conjunction with § 40-35-313 or its equivalent in any other jurisdiction. "Conviction" also includes a juvenile delinquency adjudication for a violent juvenile sexual offense if the offense occurs on or after July 1, 2011;
(2) "Designated law enforcement agency" means any law enforcement agency that has jurisdiction over the primary or secondary residence, place of physical presence, place of employment, school or institution of higher education where the student is enrolled or, for offenders on supervised probation or parole, the department of correction or court ordered probation officer;
(3) "Employed or practices a vocation" means any full-time or part-time employment in the state, with or without compensation, or employment that involves counseling, coaching, teaching, supervising, volunteering or working with minors in any way, regardless of the period of employment, whether the employment is financially compensated, volunteered or performed for the purpose of any government or education benefit;
(4) "Institution of higher education" means a public or private: (A) Community college; (B) College; (C) University; or (D) Independent postsecondary institution;
(A) Community college;
(B) College;
(C) University; or
(D) Independent postsecondary institution;
(5) "Law enforcement agency of any institution of higher education" means any campus law enforcement arrangement authorized by § 49-7-118 ;
(6) "Local law enforcement agency" means: (A) Within the territory of a municipality, the municipal police department; (B) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or (C) Within the unincorporated territory of a county, the sheriff's office;
(A) Within the territory of a municipality, the municipal police department;
(B) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or
(C) Within the unincorporated territory of a county, the sheriff's office;
(7) "Minor" means any person under eighteen (18) years of age;
(8) "Month" means a calendar month;
(9) "Offender" means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. An offender who qualifies both as a sexual offender and a violent sexual offender or as a violent juvenile sexual offender and as a violent sexual offender shall be considered a violent sexual offender;
(10) "Offender against children" means any sexual offender, violent sexual offender or violent juvenile sexual offender if the victim in one (1) or more of the offender's crimes was a child of twelve (12) years of age or less;
(11) "Parent" means any biological parent, adoptive parent or step-parent, and includes any legal or court-appointed guardian or custodian; however, "parent" shall not include step-parent if the offender's victim was a minor less than thirteen (13) years of age;
(12) "Primary residence" means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for five (5) consecutive days;
(13) "Register" means the initial registration of an offender, or the re-registration of an offender after deletion or termination from the SOR;
(14) "Registering agency" means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board;
(15) "Relevant information deemed necessary to protect the public" means that information set forth in § 40-39-206(d)(1)-(15) ;
(16) "Report" means appearance before the proper designated law enforcement agency for any of the purposes set out in this part;
(17) "Resident" means any person who abides, lodges, resides or establishes any other living accommodations in this state, including establishing a physical presence in this state;
(18) "Secondary residence" means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence; for a person whose primary residence is not in this state, a place where the person is employed, practices a vocation or is enrolled as a student for a period of fourteen (14) or more days in the aggregate during any calendar year; or a place where the person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and that is not the person's primary residence, including any out-of-state address;
(19) "Sexual offender" means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction;
(20) "Sexual offense" means: (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of: (i) Sexual battery, under § 39-13-505 ; (ii) Statutory rape, under § 39-13-506 , if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a) , statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c) , or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d) ; (iii) [Deleted by 2024 amendment.] (iv) Sexual exploitation of a minor, under § 39-17-1003 ; (v) False imprisonment where the victim is a minor, under § 39-13-302 , except when committed by a parent of the minor; (vi) Kidnapping, where the victim is a minor, under § 39-13-303 , except when committed by a parent of the minor; (vii) Indecent exposure, under § 39-13-511 , upon a third or subsequent conviction; (viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor; (ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former [former] § 39-13-507 [repealed]; (x) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (20)(A); (xi) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (20)(A); (xii) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (20)(A); (xiii) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (20)(A); (xiv) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (20)(A); (xv) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (20)(A); (xvi) Aggravated statutory rape, under § 39-13-506(c) ; (xvii) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, under § 39-13-529 ; (xviii) Promotion of prostitution, under § 39-13-515 ; (xix) Patronizing prostitution where the victim is a minor, under § 39-13-514 ; (xx) Observation without consent, under § 39-13-607 , upon a third or subsequent conviction; (xxi) Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony; (xxii) Unlawful photographing under § 39-13-605 when the offense is classified as a Class E or Class D felony; (xxiii) Sexual contact with inmates, under § 39-16-408 ; (xxiv) Unlawful photographing, under § 39-13-605 , when convicted as a misdemeanor if the judge orders the person to register as a sexual offender pursuant to § 39-13-605 ; (xxv) Aggravated unlawful photography, under § 39-13-611 ; or (xxvi) Sexual abuse of a corpse, under § 39-17-312(a)(4) ; (B) The commission of any act, that prior to November 1, 1989, constituted the criminal offense of: (i) Sexual battery, under [former] § 39-2-607 [repealed]; (ii) Statutory rape, under [former] § 39-2-605 [repealed], only if the facts of the conviction satisfy the definition of aggravated statutory rape; (iii) Assault with intent to commit rape or attempt to commit sexual battery, under [former] § 39-2-608 [repealed]; (iv) Incest, under [former] § 39-4-306 [repealed]; (v) Use of a minor for obscene purposes, under [former] § 39-6-1137 [repealed]; (vi) Promotion of performance including sexual conduct by a minor, under [former] § 39-6-1138 [repealed]; (vii) Criminal sexual conduct in the first degree, under [former] § 39-3703 [repealed]; (viii) Criminal sexual conduct in the second degree, under [former] § 39-3704 [repealed]; (ix) Criminal sexual conduct in the third degree, under [former] § 39-3705 [repealed]; (x) Kidnapping where the victim is a minor, under [former] § 39-2-303 [repealed], except when committed by a parent of the minor; (xi) Solicitation, under [former] § 39-1-401 [repealed] or [former] § 39-118(b) [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xii) Attempt, under § [former] 39-1-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xiii) Conspiracy, under [former] § 39-1-601 [repealed] or [former] § 39-1104 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); or (xiv) Accessory before or after the fact, or aider and abettor, under title 39, chapter 1, part 3 [repealed], to any of the offenses enumerated in this subdivision (20)(B);
(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of: (i) Sexual battery, under § 39-13-505 ; (ii) Statutory rape, under § 39-13-506 , if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a) , statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c) , or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d) ; (iii) [Deleted by 2024 amendment.] (iv) Sexual exploitation of a minor, under § 39-17-1003 ; (v) False imprisonment where the victim is a minor, under § 39-13-302 , except when committed by a parent of the minor; (vi) Kidnapping, where the victim is a minor, under § 39-13-303 , except when committed by a parent of the minor; (vii) Indecent exposure, under § 39-13-511 , upon a third or subsequent conviction; (viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor; (ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former [former] § 39-13-507 [repealed]; (x) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (20)(A); (xi) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (20)(A); (xii) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (20)(A); (xiii) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (20)(A); (xiv) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (20)(A); (xv) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (20)(A); (xvi) Aggravated statutory rape, under § 39-13-506(c) ; (xvii) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, under § 39-13-529 ; (xviii) Promotion of prostitution, under § 39-13-515 ; (xix) Patronizing prostitution where the victim is a minor, under § 39-13-514 ; (xx) Observation without consent, under § 39-13-607 , upon a third or subsequent conviction; (xxi) Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony; (xxii) Unlawful photographing under § 39-13-605 when the offense is classified as a Class E or Class D felony; (xxiii) Sexual contact with inmates, under § 39-16-408 ; (xxiv) Unlawful photographing, under § 39-13-605 , when convicted as a misdemeanor if the judge orders the person to register as a sexual offender pursuant to § 39-13-605 ; (xxv) Aggravated unlawful photography, under § 39-13-611 ; or (xxvi) Sexual abuse of a corpse, under § 39-17-312(a)(4) ;
(i) Sexual battery, under § 39-13-505 ;
(ii) Statutory rape, under § 39-13-506 , if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a) , statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c) , or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d) ;
(iii) [Deleted by 2024 amendment.]
(iv) Sexual exploitation of a minor, under § 39-17-1003 ;
(v) False imprisonment where the victim is a minor, under § 39-13-302 , except when committed by a parent of the minor;
(vi) Kidnapping, where the victim is a minor, under § 39-13-303 , except when committed by a parent of the minor;
(vii) Indecent exposure, under § 39-13-511 , upon a third or subsequent conviction;
(viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor;
(ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former [former] § 39-13-507 [repealed];
(x) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (20)(A);
(xi) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (20)(A);
(xii) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (20)(A);
(xiii) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (20)(A);
(xiv) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (20)(A);
(xv) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (20)(A);
(xvi) Aggravated statutory rape, under § 39-13-506(c) ;
(xvii) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, under § 39-13-529 ;
(xviii) Promotion of prostitution, under § 39-13-515 ;
(xix) Patronizing prostitution where the victim is a minor, under § 39-13-514 ;
(xx) Observation without consent, under § 39-13-607 , upon a third or subsequent conviction;
(xxi) Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony;
(xxii) Unlawful photographing under § 39-13-605 when the offense is classified as a Class E or Class D felony;
(xxiii) Sexual contact with inmates, under § 39-16-408 ;
(xxiv) Unlawful photographing, under § 39-13-605 , when convicted as a misdemeanor if the judge orders the person to register as a sexual offender pursuant to § 39-13-605 ;
(xxv) Aggravated unlawful photography, under § 39-13-611 ; or
(xxvi) Sexual abuse of a corpse, under § 39-17-312(a)(4) ;
(B) The commission of any act, that prior to November 1, 1989, constituted the criminal offense of: (i) Sexual battery, under [former] § 39-2-607 [repealed]; (ii) Statutory rape, under [former] § 39-2-605 [repealed], only if the facts of the conviction satisfy the definition of aggravated statutory rape; (iii) Assault with intent to commit rape or attempt to commit sexual battery, under [former] § 39-2-608 [repealed]; (iv) Incest, under [former] § 39-4-306 [repealed]; (v) Use of a minor for obscene purposes, under [former] § 39-6-1137 [repealed]; (vi) Promotion of performance including sexual conduct by a minor, under [former] § 39-6-1138 [repealed]; (vii) Criminal sexual conduct in the first degree, under [former] § 39-3703 [repealed]; (viii) Criminal sexual conduct in the second degree, under [former] § 39-3704 [repealed]; (ix) Criminal sexual conduct in the third degree, under [former] § 39-3705 [repealed]; (x) Kidnapping where the victim is a minor, under [former] § 39-2-303 [repealed], except when committed by a parent of the minor; (xi) Solicitation, under [former] § 39-1-401 [repealed] or [former] § 39-118(b) [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xii) Attempt, under § [former] 39-1-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); (xiii) Conspiracy, under [former] § 39-1-601 [repealed] or [former] § 39-1104 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); or (xiv) Accessory before or after the fact, or aider and abettor, under title 39, chapter 1, part 3 [repealed], to any of the offenses enumerated in this subdivision (20)(B);
(i) Sexual battery, under [former] § 39-2-607 [repealed];
(ii) Statutory rape, under [former] § 39-2-605 [repealed], only if the facts of the conviction satisfy the definition of aggravated statutory rape;
(iii) Assault with intent to commit rape or attempt to commit sexual battery, under [former] § 39-2-608 [repealed];
(iv) Incest, under [former] § 39-4-306 [repealed];
(v) Use of a minor for obscene purposes, under [former] § 39-6-1137 [repealed];
(vi) Promotion of performance including sexual conduct by a minor, under [former] § 39-6-1138 [repealed];
(vii) Criminal sexual conduct in the first degree, under [former] § 39-3703 [repealed];
(viii) Criminal sexual conduct in the second degree, under [former] § 39-3704 [repealed];
(ix) Criminal sexual conduct in the third degree, under [former] § 39-3705 [repealed];
(x) Kidnapping where the victim is a minor, under [former] § 39-2-303 [repealed], except when committed by a parent of the minor;
(xi) Solicitation, under [former] § 39-1-401 [repealed] or [former] § 39-118(b) [repealed], to commit any of the offenses enumerated in this subdivision (20)(B);
(xii) Attempt, under § [former] 39-1-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B);
(xiii) Conspiracy, under [former] § 39-1-601 [repealed] or [former] § 39-1104 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); or
(xiv) Accessory before or after the fact, or aider and abettor, under title 39, chapter 1, part 3 [repealed], to any of the offenses enumerated in this subdivision (20)(B);
(21) "Social media" means websites and other online means of communication that are usually used by large groups of people to share information, to develop social and professional contacts, and that customarily require an identifying password and user identification to participate;
(22) "SOR" means the TBI's centralized record system of offender registration, verification and tracking information;
(23) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning;
(24) "TBI" means the Tennessee bureau of investigation;
(25) "TBI registration form" means the Tennessee sexual offender registration, verification and tracking form;
(26) "TDOC" means the Tennessee department of correction;
(27) "TIES" means the Tennessee information enforcement system;
(28) (A) "Violent juvenile sexual offender" means a person who is adjudicated delinquent in this state for any act that constitutes a violent juvenile sexual offense; provided, that the person is at least fourteen (14) years of age but less than eighteen (18) years of age at the time the act is committed; (B) Upon an adjudication of delinquency in this state for an act that constitutes a violent juvenile sexual offense, the violent juvenile sexual offender shall also be considered a violent sexual offender under this part, unless otherwise set out in this part;
(A) "Violent juvenile sexual offender" means a person who is adjudicated delinquent in this state for any act that constitutes a violent juvenile sexual offense; provided, that the person is at least fourteen (14) years of age but less than eighteen (18) years of age at the time the act is committed;
(B) Upon an adjudication of delinquency in this state for an act that constitutes a violent juvenile sexual offense, the violent juvenile sexual offender shall also be considered a violent sexual offender under this part, unless otherwise set out in this part;
(29) (A) "Violent juvenile sexual offense" means an adjudication of delinquency, for any act committed on or after July 1, 2011, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Rape of a child, under § 39-13-522 , if: (a) The victim is at least four (4) years younger than the offender; or (b) For acts occurring on or after July 1, 2024, the victim is less than four (4) years younger than the offender, and the judge, taking into account the facts and circumstances surrounding the delinquent act, orders that the juvenile be required to register as a violent juvenile sexual offender; (iv) Aggravated rape of a child, under § 39-13-531 ; or (v) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(A); (B) "Violent juvenile sexual offense" also means an adjudication of delinquency, for any act committed on or after July 1, 2014, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated sexual battery, under § 39-13-504 ; (ii) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(B);
(A) "Violent juvenile sexual offense" means an adjudication of delinquency, for any act committed on or after July 1, 2011, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Rape of a child, under § 39-13-522 , if: (a) The victim is at least four (4) years younger than the offender; or (b) For acts occurring on or after July 1, 2024, the victim is less than four (4) years younger than the offender, and the judge, taking into account the facts and circumstances surrounding the delinquent act, orders that the juvenile be required to register as a violent juvenile sexual offender; (iv) Aggravated rape of a child, under § 39-13-531 ; or (v) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(A);
(i) Aggravated rape, under § 39-13-502 ;
(ii) Rape, under § 39-13-503 ;
(iii) Rape of a child, under § 39-13-522 , if: (a) The victim is at least four (4) years younger than the offender; or (b) For acts occurring on or after July 1, 2024, the victim is less than four (4) years younger than the offender, and the judge, taking into account the facts and circumstances surrounding the delinquent act, orders that the juvenile be required to register as a violent juvenile sexual offender;
(a) The victim is at least four (4) years younger than the offender; or
(b) For acts occurring on or after July 1, 2024, the victim is less than four (4) years younger than the offender, and the judge, taking into account the facts and circumstances surrounding the delinquent act, orders that the juvenile be required to register as a violent juvenile sexual offender;
(iv) Aggravated rape of a child, under § 39-13-531 ; or
(v) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(A);
(B) "Violent juvenile sexual offense" also means an adjudication of delinquency, for any act committed on or after July 1, 2014, that, if committed by an adult, constitutes the criminal offense of: (i) Aggravated sexual battery, under § 39-13-504 ; (ii) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(B);
(i) Aggravated sexual battery, under § 39-13-504 ;
(ii) Criminal attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (29)(B);
(30) "Violent sexual offender" means a person who has been convicted in this state of committing a violent sexual offense or has another qualifying conviction;
(31) "Violent sexual offense" means the commission of any act that constitutes the criminal offense of: (A) Aggravated rape, under [former] § 39-2-603 [repealed] or § 39-13-502 ; (B) Rape, under [former] § 39-2-604 [repealed] or § 39-13-503 ; (C) Aggravated sexual battery, under [former] § 39-2-606 [repealed] or § 39-13-504 ; (D) Rape of a child, under § 39-13-522 ; (E) Attempt to commit rape, under [former] § 39-2-608 [repealed]; (F) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (G) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (H) Aggravated kidnapping where the victim is a minor, under § 39-13-304 , except when committed by a parent of the minor; (I) Especially aggravated kidnapping where the victim is a minor, under § 39-13-305 , except when committed by a parent of the minor; (J) Sexual battery by an authority figure, under § 39-13-527 ; (K) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony; (L) Spousal rape, under [former] § 39-13-507(b)(1) [repealed]; (M) Aggravated spousal rape, under [former] § 39-13-507(c)(1) [repealed]; (N) [Deleted by 2023 amendment.] (O) Statutory rape by an authority figure, under § 39-13-532 ; (P) Criminal attempt, under § 39-12-101 , [former] § 39-12-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (31); (Q) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (31); (R) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (31); (S) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (31); (T) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (31); (U) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (31); (V) Incest, under § 39-15-302 ; (W) Aggravated rape of a child under § 39-13-531 ; (X) [Deleted by 2024 amendment.] (Y) Trafficking for a commercial sex act, under § 39-13-309 ; (Z) Promotion of prostitution, under § 39-13-515 , where the person has a prior conviction for promotion of prostitution; or (AA) Continuous sexual abuse of a child, under § 39-13-518 ; and
(A) Aggravated rape, under [former] § 39-2-603 [repealed] or § 39-13-502 ;
(B) Rape, under [former] § 39-2-604 [repealed] or § 39-13-503 ;
(C) Aggravated sexual battery, under [former] § 39-2-606 [repealed] or § 39-13-504 ;
(D) Rape of a child, under § 39-13-522 ;
(E) Attempt to commit rape, under [former] § 39-2-608 [repealed];
(F) Aggravated sexual exploitation of a minor, under § 39-17-1004 ;
(G) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ;
(H) Aggravated kidnapping where the victim is a minor, under § 39-13-304 , except when committed by a parent of the minor;
(I) Especially aggravated kidnapping where the victim is a minor, under § 39-13-305 , except when committed by a parent of the minor;
(J) Sexual battery by an authority figure, under § 39-13-527 ;
(K) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony;
(L) Spousal rape, under [former] § 39-13-507(b)(1) [repealed];
(M) Aggravated spousal rape, under [former] § 39-13-507(c)(1) [repealed];
(N) [Deleted by 2023 amendment.]
(O) Statutory rape by an authority figure, under § 39-13-532 ;
(P) Criminal attempt, under § 39-12-101 , [former] § 39-12-501 [repealed], [former] § 39-605 [repealed], or [former] § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (31);
(Q) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (31);
(R) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (31);
(S) Criminal responsibility, under § 39-11-402(2) , to commit any of the offenses enumerated in this subdivision (31);
(T) Facilitating the commission, under § 39-11-403 , to commit any of the offenses enumerated in this subdivision (31);
(U) Being an accessory after the fact, under § 39-11-411 , to commit any of the offenses enumerated in this subdivision (31);
(V) Incest, under § 39-15-302 ;
(W) Aggravated rape of a child under § 39-13-531 ;
(X) [Deleted by 2024 amendment.]
(Y) Trafficking for a commercial sex act, under § 39-13-309 ;
(Z) Promotion of prostitution, under § 39-13-515 , where the person has a prior conviction for promotion of prostitution; or
(AA) Continuous sexual abuse of a child, under § 39-13-518 ; and
(32) "Within forty-eight (48) hours" means a continuous forty-eight-hour period, not including Saturdays, Sundays or federal or state holidays.
Amended by 2024 Tenn. Acts, ch. 888,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 545,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 545,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 459, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 402, s 3, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 437, s 2, eff. 5/22/2019.
Amended by 2018 Tenn. Acts, ch. 719, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 941, s 2, eff. 7/1/2016.