Tenn. Code Ann. § 40-17-104 — TN Code / Title 40 / Chapter 17 / Section 40-17-104
Petition for protective order prohibiting the defendant and defendant's counsel from publishing victim, informant, or witness's name, contact information, or statements at any time prior to or during trial - Issuance of protective order - Violation
Status: in_force

(a) If a district attorney general is required to disclose to the defendant information including the name, contact information, or statements of a victim of a sexual offense under title 39, chapter 13, part 5; law enforcement informant, or witness who is expected to testify against a defendant charged with a crime involving a weapon or the use of force, then the district attorney general may petition the court for a protective order prohibiting the defendant and the defendant's counsel from publishing the victim, informant, or witness's name, contact information, or statements at any time prior to or during the trial. The petition must: (1) Be certified or supported by an affidavit of the victim, informant, or witness; (2) Identify the specific information that should be subject to prohibition from publication; and (3) Show good cause for issuing the protective order, which may include that allowing the defendant to publish the information is likely to result in coercion, intimidation, or harassment designed to discourage the victim, informant, or witness from testifying at trial or appearing as a witness. (b) If, after reviewing the petition, the court finds there is good cause for prohibiting the publishing of the information, then the court shall issue the protective order expressly limiting the publication of the victim, informant, or witness's information at any time prior to or during the trial. (c) This section does not restrict the right of a defendant or defendant's counsel to conduct an investigation or interviews to be used at trial. (d) A person who knowingly violates a protective order issued pursuant to this section commits a Class E felony. Added by 2021 Tenn. Acts, ch. 586,s 1, eff. 7/1/2021.
(a) If a district attorney general is required to disclose to the defendant information including the name, contact information, or statements of a victim of a sexual offense under title 39, chapter 13, part 5; law enforcement informant, or witness who is expected to testify against a defendant charged with a crime involving a weapon or the use of force, then the district attorney general may petition the court for a protective order prohibiting the defendant and the defendant's counsel from publishing the victim, informant, or witness's name, contact information, or statements at any time prior to or during the trial. The petition must: (1) Be certified or supported by an affidavit of the victim, informant, or witness; (2) Identify the specific information that should be subject to prohibition from publication; and (3) Show good cause for issuing the protective order, which may include that allowing the defendant to publish the information is likely to result in coercion, intimidation, or harassment designed to discourage the victim, informant, or witness from testifying at trial or appearing as a witness.
(1) Be certified or supported by an affidavit of the victim, informant, or witness;
(2) Identify the specific information that should be subject to prohibition from publication; and
(3) Show good cause for issuing the protective order, which may include that allowing the defendant to publish the information is likely to result in coercion, intimidation, or harassment designed to discourage the victim, informant, or witness from testifying at trial or appearing as a witness.
(b) If, after reviewing the petition, the court finds there is good cause for prohibiting the publishing of the information, then the court shall issue the protective order expressly limiting the publication of the victim, informant, or witness's information at any time prior to or during the trial.
(c) This section does not restrict the right of a defendant or defendant's counsel to conduct an investigation or interviews to be used at trial.
(d) A person who knowingly violates a protective order issued pursuant to this section commits a Class E felony.
Added by 2021 Tenn. Acts, ch. 586,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 40-23-111 — TN Code / Title 40 / Chapter 23 / Section 40-23-111
Qualifications of guard
Status: in_force

The additional guard or guards that the sheriff and other officers are authorized to summon to assist in conveying convicts to the penitentiary, or to and from the penitentiary, and to prevent a rescue, shall consist of able bodied persons, who shall not be under eighteen (18) years of age. Code 1858, § 5593 (deriv. Acts 1835-1836, ch. 63, § 1); Shan., §7634; Code 1932, § 12263; T.C.A. (orig. ed.), § 40-3114.
The additional guard or guards that the sheriff and other officers are authorized to summon to assist in conveying convicts to the penitentiary, or to and from the penitentiary, and to prevent a rescue, shall consist of able bodied persons, who shall not be under eighteen (18) years of age.
Code 1858, § 5593 (deriv. Acts 1835-1836, ch. 63, § 1); Shan., §7634; Code 1932, § 12263; T.C.A. (orig. ed.), § 40-3114.
Tenn. Code Ann. § 40-30-408 — TN Code / Title 40 / Chapter 30 / Section 40-30-408
Court order for production of laboratory reports, underlying data, and notes
Status: in_force

If evidence has previously been subjected to fingerprint analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the fingerprint analysis, as well as the underlying data and laboratory notes. If any fingerprint or other evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders fingerprint analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the fingerprint analysis and may, in the court's discretion, order production of the underlying data and laboratory notes. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
If evidence has previously been subjected to fingerprint analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the fingerprint analysis, as well as the underlying data and laboratory notes. If any fingerprint or other evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders fingerprint analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the fingerprint analysis and may, in the court's discretion, order production of the underlying data and laboratory notes.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-39-201 — TN Code / Title 40 / Chapter 39 / Section 40-39-201
Short title - Legislative findings
Status: in_force

(a) This part shall be known as and may be cited as the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004." (b) The general assembly finds and declares that: (1) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety. Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or commitment and protection of the public from these offenders is of paramount public interest; (2) It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public to adequately protect themselves and their children from these persons; (3) Persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety; (4) In balancing the sexual offender's and violent sexual offender's due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm; (5) The registration of offenders, utilizing complete and accurate information, along with the public release of specified information concerning offenders, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders; (6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of offenders and for the public release of specified information regarding offenders. This policy of authorizing the release of necessary and relevant information about offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive; (7) The offender is subject to specified terms and conditions that are implemented at sentencing or, at the time of release from incarceration, that require that those who are financially able must pay specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars ($100) of the costs for the administration of this part and the investigation of sexual offenses, including the purchase of specialized equipment for use in the investigation of sexual offenses, and must be reserved for such purposes at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the state treasury to be deposited into the general fund of the state; provided, that a juvenile offender required to register under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years of age; and (8) The general assembly also declares, however, that in making information about certain offenders available to the public, the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders. Amended by 2022 Tenn. Acts, ch. 931, s 1, eff. 4/29/2022. Amended by 2020 Tenn. Acts, ch. 668, s 3, eff. 4/2/2020. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008 , ch. 1164, § 1; 2011 , ch. 483, § 4.
(a) This part shall be known as and may be cited as the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004."
(b) The general assembly finds and declares that: (1) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety. Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or commitment and protection of the public from these offenders is of paramount public interest; (2) It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public to adequately protect themselves and their children from these persons; (3) Persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety; (4) In balancing the sexual offender's and violent sexual offender's due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm; (5) The registration of offenders, utilizing complete and accurate information, along with the public release of specified information concerning offenders, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders; (6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of offenders and for the public release of specified information regarding offenders. This policy of authorizing the release of necessary and relevant information about offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive; (7) The offender is subject to specified terms and conditions that are implemented at sentencing or, at the time of release from incarceration, that require that those who are financially able must pay specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars ($100) of the costs for the administration of this part and the investigation of sexual offenses, including the purchase of specialized equipment for use in the investigation of sexual offenses, and must be reserved for such purposes at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the state treasury to be deposited into the general fund of the state; provided, that a juvenile offender required to register under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years of age; and (8) The general assembly also declares, however, that in making information about certain offenders available to the public, the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders.
(1) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety. Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or commitment and protection of the public from these offenders is of paramount public interest;
(2) It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public to adequately protect themselves and their children from these persons;
(3) Persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety;
(4) In balancing the sexual offender's and violent sexual offender's due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm;
(5) The registration of offenders, utilizing complete and accurate information, along with the public release of specified information concerning offenders, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders;
(6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of offenders and for the public release of specified information regarding offenders. This policy of authorizing the release of necessary and relevant information about offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive;
(7) The offender is subject to specified terms and conditions that are implemented at sentencing or, at the time of release from incarceration, that require that those who are financially able must pay specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars ($100) of the costs for the administration of this part and the investigation of sexual offenses, including the purchase of specialized equipment for use in the investigation of sexual offenses, and must be reserved for such purposes at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the state treasury to be deposited into the general fund of the state; provided, that a juvenile offender required to register under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years of age; and
(8) The general assembly also declares, however, that in making information about certain offenders available to the public, the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders.
Amended by 2022 Tenn. Acts, ch. 931, s 1, eff. 4/29/2022.
Amended by 2020 Tenn. Acts, ch. 668, s 3, eff. 4/2/2020.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008 , ch. 1164, § 1; 2011 , ch. 483, § 4.
Tenn. Code Ann. § 40-39-306 — TN Code / Title 40 / Chapter 39 / Section 40-39-306
Sharing of criminal incident information across state agencies and with vendor - Correlation reports
Status: in_force

Notwithstanding any other provision of law, the department of correction, the board of parole, the Tennessee bureau of investigation and all local law enforcement agencies are specifically authorized to share criminal incident information, limited to the time, place and nature of the crime, with each other and the vendor selected by the department to carry out the purposes of this part, and the department is authorized to direct the vendor so chosen to use data collected pursuant to § 40-39-302(b) in preparing correlation reports as described in that subsection for distribution to and use by state and local law enforcement agencies. Acts 2004, ch. 899, § 5.
Notwithstanding any other provision of law, the department of correction, the board of parole, the Tennessee bureau of investigation and all local law enforcement agencies are specifically authorized to share criminal incident information, limited to the time, place and nature of the crime, with each other and the vendor selected by the department to carry out the purposes of this part, and the department is authorized to direct the vendor so chosen to use data collected pursuant to § 40-39-302(b) in preparing correlation reports as described in that subsection for distribution to and use by state and local law enforcement agencies.
Acts 2004, ch. 899, § 5.
Tenn. Code Ann. § 40-25-136 — TN Code / Title 40 / Chapter 25 / Section 40-25-136
Certification of bills of costs against state or county
Status: in_force

(a) The costs chargeable to the state or county in criminal cases tried in criminal courts, circuit courts or general sessions courts shall be made out so as to show the specific terms, and be examined, entered of record, and certified to be correct by the clerk of the court or judge before whom the case was tried or by whom it was disposed. (b) The clerks of the courts are granted full power, and it is made their duty to examine into, inspect and audit all bills of costs, as above provided, accruing against the state or county, and disallow any part or all of the bills of costs that may be illegally or wrongfully taxed against the state or county. Code 1858, § 5569 (deriv. Acts 1832, ch. 7, § 1); Acts 1891 (Ex. Sess.), ch. 22, § 4; Shan., § 7593; Code 1932, § 12220; Acts 1963, ch. 157, § 2; T.C.A. (orig. ed.), § 40-3343; Acts 1983, ch. 396, § 2.
(a) The costs chargeable to the state or county in criminal cases tried in criminal courts, circuit courts or general sessions courts shall be made out so as to show the specific terms, and be examined, entered of record, and certified to be correct by the clerk of the court or judge before whom the case was tried or by whom it was disposed.
(b) The clerks of the courts are granted full power, and it is made their duty to examine into, inspect and audit all bills of costs, as above provided, accruing against the state or county, and disallow any part or all of the bills of costs that may be illegally or wrongfully taxed against the state or county.
Code 1858, § 5569 (deriv. Acts 1832, ch. 7, § 1); Acts 1891 (Ex. Sess.), ch. 22, § 4; Shan., § 7593; Code 1932, § 12220; Acts 1963, ch. 157, § 2; T.C.A. (orig. ed.), § 40-3343; Acts 1983, ch. 396, § 2.
Tenn. Code Ann. § 40-33-108 — TN Code / Title 40 / Chapter 33 / Section 40-33-108
Claim of interest in conveyance subject to forfeiture - Possession - Bond
Status: in_force

(a) Whenever in any proceeding under this part, a claim is filed for any conveyance, the court shall not allow the claim unless the claimant proves that: (1) The claimant has an interest in the conveyance, as owner or otherwise, which the claimant acquired in good faith; and (2) The claimant never had knowledge or reason to believe that the conveyance was used in the commission of a robbery offense under title 39, chapter 13, part 4, or felony theft under title 39, chapter 14, part 1. (b) Pending any proceeding to recover a conveyance seized under this part, the court may order delivery thereof to any claimant who shall establish the claimant's right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the court, and deliver to the clerk of the court, a bond in favor of the state and for the payment of a sum double the appraised value thereof as of the time of the hearing, and conditioned further that, if the conveyance is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the conveyance. (c) Within the discretion of the court, the claimant may be awarded possession of the confiscated conveyance pending an appeal of any adverse decision; provided, that the claimant shall be required to execute a bond payable to the state in an amount double the value of the property seized, the sureties to be approved by the court. The condition of the bond shall be that the obligors shall pay to the state, through the court, the full value of the conveyance seized, unless upon an appeal the decision of the court shall be reversed and the property awarded to the claimant. Acts 1977, ch. 81, § 3; T.C.A., § 40-4108; Acts 1992, ch. 838, § 3.
(a) Whenever in any proceeding under this part, a claim is filed for any conveyance, the court shall not allow the claim unless the claimant proves that: (1) The claimant has an interest in the conveyance, as owner or otherwise, which the claimant acquired in good faith; and (2) The claimant never had knowledge or reason to believe that the conveyance was used in the commission of a robbery offense under title 39, chapter 13, part 4, or felony theft under title 39, chapter 14, part 1.
(1) The claimant has an interest in the conveyance, as owner or otherwise, which the claimant acquired in good faith; and
(2) The claimant never had knowledge or reason to believe that the conveyance was used in the commission of a robbery offense under title 39, chapter 13, part 4, or felony theft under title 39, chapter 14, part 1.
(b) Pending any proceeding to recover a conveyance seized under this part, the court may order delivery thereof to any claimant who shall establish the claimant's right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the court, and deliver to the clerk of the court, a bond in favor of the state and for the payment of a sum double the appraised value thereof as of the time of the hearing, and conditioned further that, if the conveyance is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the conveyance.
(c) Within the discretion of the court, the claimant may be awarded possession of the confiscated conveyance pending an appeal of any adverse decision; provided, that the claimant shall be required to execute a bond payable to the state in an amount double the value of the property seized, the sureties to be approved by the court. The condition of the bond shall be that the obligors shall pay to the state, through the court, the full value of the conveyance seized, unless upon an appeal the decision of the court shall be reversed and the property awarded to the claimant.
Acts 1977, ch. 81, § 3; T.C.A., § 40-4108; Acts 1992, ch. 838, § 3.
Tenn. Code Ann. § 40-39-103 — TN Code / Title 40 / Chapter 39 / Section 40-39-103
Publication of list of persons convicted of animal abuse on TBI website - Length of time name maintained on list - Removal of name
Status: in_force

(a) Beginning January 1, 2016, the TBI shall post a publicly accessible list on its website of any person convicted of an animal abuse offense on and after that date. (b) (1) The list shall include a photograph taken of the convicted animal abuser as part of the booking process, the animal abuser's full legal name, and other identifying data as the TBI determines is necessary to properly identify the animal abuser and to exclude innocent persons. (2) The list shall not include the abuser's social security number, driver license number, or any other state or federal identification number. (c) The court clerks shall forward a copy of the judgment and date of birth of all persons convicted of an animal abuse offense to the TBI within sixty (60) calendar days of the date of judgment. (d) (1) Upon a person's first conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for two (2) years following the date of conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that two-year period. (2) Upon a person's subsequent conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for five (5) years following the date of the most recent conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that five-year period. (e) The list shall remain on the TBI website for such time as determined by the director. (f) The TBI shall remove the person's name and identifying information from the registry list if the sole offense for which the person is required to be subject to the mandates of the registry is expunged, pursuant to § 40-32-101 . Acts 2015 , ch. 413, § 1.
(a) Beginning January 1, 2016, the TBI shall post a publicly accessible list on its website of any person convicted of an animal abuse offense on and after that date.
(b) (1) The list shall include a photograph taken of the convicted animal abuser as part of the booking process, the animal abuser's full legal name, and other identifying data as the TBI determines is necessary to properly identify the animal abuser and to exclude innocent persons. (2) The list shall not include the abuser's social security number, driver license number, or any other state or federal identification number.
(1) The list shall include a photograph taken of the convicted animal abuser as part of the booking process, the animal abuser's full legal name, and other identifying data as the TBI determines is necessary to properly identify the animal abuser and to exclude innocent persons.
(2) The list shall not include the abuser's social security number, driver license number, or any other state or federal identification number.
(c) The court clerks shall forward a copy of the judgment and date of birth of all persons convicted of an animal abuse offense to the TBI within sixty (60) calendar days of the date of judgment.
(d) (1) Upon a person's first conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for two (2) years following the date of conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that two-year period. (2) Upon a person's subsequent conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for five (5) years following the date of the most recent conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that five-year period.
(1) Upon a person's first conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for two (2) years following the date of conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that two-year period.
(2) Upon a person's subsequent conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for five (5) years following the date of the most recent conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that five-year period.
(e) The list shall remain on the TBI website for such time as determined by the director.
(f) The TBI shall remove the person's name and identifying information from the registry list if the sole offense for which the person is required to be subject to the mandates of the registry is expunged, pursuant to § 40-32-101 .
Acts 2015 , ch. 413, § 1.
Tenn. Code Ann. § 40-12-210 — TN Code / Title 40 / Chapter 12 / Section 40-12-210
Conditions for disclosure of proceedings and documents
Status: in_force

Disclosure of grand jury documents and proceedings may also be made under this part when: (1) Directed by a court preliminarily to or in connection with a judicial proceeding; (2) Disclosure is made by the district attorney general to another grand jury; or (3) Permitted by a court upon motion of the defendant showing grounds exist for a motion to dismiss the indictment because of matters occurring before the grand jury. Acts 1990, ch. 1051, § 1.
Disclosure of grand jury documents and proceedings may also be made under this part when:
(1) Directed by a court preliminarily to or in connection with a judicial proceeding;
(2) Disclosure is made by the district attorney general to another grand jury; or
(3) Permitted by a court upon motion of the defendant showing grounds exist for a motion to dismiss the indictment because of matters occurring before the grand jury.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-20-116 — TN Code / Title 40 / Chapter 20 / Section 40-20-116
Order of restitution
Status: in_force

(a) Whenever a felon is convicted of stealing or feloniously taking or receiving property, or defrauding another of property, the jury shall ascertain the value of the property, if not previously restored to the owner, and the court shall, thereupon, order the restitution of the property, and, in case this cannot be done, that the party aggrieved recover the value assessed against the prisoner, for which execution may issue as in other cases. (b) If the property has been feloniously destroyed, the jury shall ascertain the damages sustained, upon which judgment shall be rendered in favor of the party aggrieved against the defendant, and execution shall issue as provided in subsection (a). (c) This section is cumulative, and does not deprive the party injured of any other right the party may have for the recovery of property or its value. Code 1858, §§ 5233-5235 (deriv. Acts 1829, ch. 23, § 79); Shan., §§ 7208-7210; Code 1932, §§ 11795-11797; T.C.A. (orig. ed.), §§ 40-2716 -- 40-2718.
(a) Whenever a felon is convicted of stealing or feloniously taking or receiving property, or defrauding another of property, the jury shall ascertain the value of the property, if not previously restored to the owner, and the court shall, thereupon, order the restitution of the property, and, in case this cannot be done, that the party aggrieved recover the value assessed against the prisoner, for which execution may issue as in other cases.
(b) If the property has been feloniously destroyed, the jury shall ascertain the damages sustained, upon which judgment shall be rendered in favor of the party aggrieved against the defendant, and execution shall issue as provided in subsection (a).
(c) This section is cumulative, and does not deprive the party injured of any other right the party may have for the recovery of property or its value.
Code 1858, §§ 5233-5235 (deriv. Acts 1829, ch. 23, § 79); Shan., §§ 7208-7210; Code 1932, §§ 11795-11797; T.C.A. (orig. ed.), §§ 40-2716 -- 40-2718.
Tenn. Code Ann. § 40-25-137 — TN Code / Title 40 / Chapter 25 / Section 40-25-137
Audit and payment of bills of costs
Status: in_force

(a) A copy of the judgment and bill of costs, certified by the clerk of the court, as provided in § 40-25-136 , shall be presented to the director of accounts, or county mayor, as the case may be, who, after the bills have been examined and approved by the clerk of the court, is granted full power, and it is the director's or county mayor's duty, to examine into, inspect and audit all bills of costs accruing against the state or county; and disallow any part of the bills of costs that may be illegally or wrongfully taxed against the state or county. The commissioner of finance and administration or county mayor may disallow any and all costs taxed against the state or county on account of malicious, frivolous or unnecessary prosecution, in the event the clerk of the court should, by mistake or otherwise, approve any of the bills. (b) After correcting and auditing the bills of costs, the commissioner, or county mayor as the case may be, shall issue a warrant for the amount, which shall be paid to the clerk or any other person authorized by the clerk, in writing, to receive the funds. Code 1858, § 5570 (deriv. Acts 1827, ch. 36, § 6); Acts 1891 (Ex. Sess.), ch. 22, § 5; integrated in Shan., § 7594; Code 1932, § 12221; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), § 33-3344; Acts 1983, ch. 396, §3; 2003 , ch. 90, § 2.
(a) A copy of the judgment and bill of costs, certified by the clerk of the court, as provided in § 40-25-136 , shall be presented to the director of accounts, or county mayor, as the case may be, who, after the bills have been examined and approved by the clerk of the court, is granted full power, and it is the director's or county mayor's duty, to examine into, inspect and audit all bills of costs accruing against the state or county; and disallow any part of the bills of costs that may be illegally or wrongfully taxed against the state or county. The commissioner of finance and administration or county mayor may disallow any and all costs taxed against the state or county on account of malicious, frivolous or unnecessary prosecution, in the event the clerk of the court should, by mistake or otherwise, approve any of the bills.
(b) After correcting and auditing the bills of costs, the commissioner, or county mayor as the case may be, shall issue a warrant for the amount, which shall be paid to the clerk or any other person authorized by the clerk, in writing, to receive the funds.
Code 1858, § 5570 (deriv. Acts 1827, ch. 36, § 6); Acts 1891 (Ex. Sess.), ch. 22, § 5; integrated in Shan., § 7594; Code 1932, § 12221; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), § 33-3344; Acts 1983, ch. 396, §3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 40-18-102 — TN Code / Title 40 / Chapter 18 / Section 40-18-102
Rules of practice
Status: in_force

It is the duty of the judge of each circuit court to adopt such rules of practice in the trial of criminal cases, from time to time, as may tend to diminish the costs of criminal cases. Code 1858, § 5595 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., §7636; Code 1932, § 12265; T.C.A. (orig. ed.), § 40-2502.
It is the duty of the judge of each circuit court to adopt such rules of practice in the trial of criminal cases, from time to time, as may tend to diminish the costs of criminal cases.
Code 1858, § 5595 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., §7636; Code 1932, § 12265; T.C.A. (orig. ed.), § 40-2502.
Tenn. Code Ann. § 40-11-126 — TN Code / Title 40 / Chapter 11 / Section 40-11-126
"Unprofessional conduct" defined for bondsmen and surety agents
Status: in_force

In addition to the criminal sanctions elsewhere provided by law, the following is deemed unprofessional conduct and no bondsman or surety agent shall: (1) Suggest or advise the employment of or name for employment any particular attorney to represent the bondsman's principal; (2) Pay a fee or rebate or give or promise anything of value to any clerk of court, jailer, police officer, peace officer, committing magistrate or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or the forfeiture of the bail bond; (3) Pay a fee or rebate or give anything of value to an attorney in bail bond matters except in defense of any action on a bond; (4) Pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal's behalf; (5) Participate in the capacity of an attorney at a trial or hearing of one on whose bond the person is a surety; (6) Solicit business directly or indirectly, by active or passive means, or engage in any other conduct which may reasonably be construed as intended for the purpose of solicitation of business in any place where prisoners are confined or in any place immediately surrounding where prisoners are confined; (7) Surrender a principal or ask any court to be relieved from a bail bond arbitrarily or without good cause; (8) Accept anything of value from a principal except the premium; provided, that the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond. When a bail bondsman accepts collateral, the bondsman shall give a written receipt for the collateral, and this receipt shall give in detail a full description of the collateral received and the terms of redemption; or (9) Engage in the business of a professional bondsman or surety without maintaining a permanent business office, business telephone and appropriate signage indicating that the office is a professional bail bond business. Acts 1978, ch. 506, § 39; T.C.A., § 40-1226; Acts 2001, ch. 281, § 1; 2008, ch. 1030, §§ 1, 2; 2009, ch. 239, § 1.
In addition to the criminal sanctions elsewhere provided by law, the following is deemed unprofessional conduct and no bondsman or surety agent shall:
(1) Suggest or advise the employment of or name for employment any particular attorney to represent the bondsman's principal;
(2) Pay a fee or rebate or give or promise anything of value to any clerk of court, jailer, police officer, peace officer, committing magistrate or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or the forfeiture of the bail bond;
(3) Pay a fee or rebate or give anything of value to an attorney in bail bond matters except in defense of any action on a bond;
(4) Pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal's behalf;
(5) Participate in the capacity of an attorney at a trial or hearing of one on whose bond the person is a surety;
(6) Solicit business directly or indirectly, by active or passive means, or engage in any other conduct which may reasonably be construed as intended for the purpose of solicitation of business in any place where prisoners are confined or in any place immediately surrounding where prisoners are confined;
(7) Surrender a principal or ask any court to be relieved from a bail bond arbitrarily or without good cause;
(8) Accept anything of value from a principal except the premium; provided, that the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond. When a bail bondsman accepts collateral, the bondsman shall give a written receipt for the collateral, and this receipt shall give in detail a full description of the collateral received and the terms of redemption; or
(9) Engage in the business of a professional bondsman or surety without maintaining a permanent business office, business telephone and appropriate signage indicating that the office is a professional bail bond business.
Acts 1978, ch. 506, § 39; T.C.A., § 40-1226; Acts 2001, ch. 281, § 1; 2008, ch. 1030, §§ 1, 2; 2009, ch. 239, § 1.
Tenn. Code Ann. § 40-12-212 — TN Code / Title 40 / Chapter 12 / Section 40-12-212
Indictments
Status: in_force

The finding and return of indictments as well as the form of any indictment returned by a grand jury convened pursuant to this part shall be in the same manner and form as indictments returned by the regular grand jury. Acts 1990, ch. 1051, § 1.
The finding and return of indictments as well as the form of any indictment returned by a grand jury convened pursuant to this part shall be in the same manner and form as indictments returned by the regular grand jury.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-28-503 — TN Code / Title 40 / Chapter 28 / Section 40-28-503
Policies governing attendance and use of impact statements - Standard victim notification form - Digital function to submit impact statement video
Status: in_force

(a) The board shall establish a policy governing attendance at board hearings and submission and use of victim impact statements and other impact statements. Copies of the policy shall be available upon request. The policy must govern: (1) The requirement that those requesting notification of parole and parole revocation hearings keep the board advised of their current addresses and telephone numbers; (2) Instructions for attending and participating in parole and parole revocation hearings, including instructions for submitting an impact statement video; (3) The limitations on attendance as set forth in § 40-28-502 ; (4) Reasonable limitations on oral presentations and videos; and (5) Information about board discretion to investigate victim impact statements and other impact statements. (b) The board shall establish a standard victim notification form. The board shall distribute copies of the form to the victim witness coordinator in each judicial district for the state who shall make copies of the form available to the appropriate persons. (c) (1) The board shall establish a digital function that a victim or other impacted person may use to electronically submit an impact statement video to be considered at an inmate's parole or parole revocation hearing. The digital function must allow the victim or other impacted person to submit a video of the victim or other impacted person presenting an impact statement as otherwise permitted by this part. The board may impose reasonable restrictions regarding the length of impact statement videos. (2) The digital function must allow a victim or other impacted person to indicate whether the victim or other impacted person would like the impact statement video to be resubmitted to any future parole or parole revocation hearings involving the same inmate and offense. If the victim or other impacted person indicates that the victim or other impacted person would like the video resubmitted to any future parole or parole revocation hearings involving the same inmate and offense, then the board shall consider the video at future hearings without further request from the victim or other impacted person. Prior to consideration at a subsequent hearing, the board shall notify the victim or other impacted person, in the same manner that notice is provided pursuant to § 40-28-505(b)(4) , that the video will be considered at the hearing unless the victim or other impacted person informs the board, in writing or using the digital function, that the victim or other impacted person no longer wishes to have the video considered. A victim or other impacted person may inform the board at any time, in writing or using the digital function, that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board. If a victim or other impacted person informs the board that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board using the digital function, the digital function must provide the victim or other impacted person the opportunity to indicate whether the victim or other impacted person will be submitting a new impact statement video, and whether the victim or other impacted person is opposed to, in favor of, or indifferent to the granting or revoking of parole to the inmate. (3) Any impact statement video is subject to the board's policies and rules governing the privacy of board records pursuant to §§ 40-28-119 and 40-28-503 . (d) As used in this section, "victim" includes both victims and victim representatives, as those terms are defined in § 40-38-203 . Amended by 2021 Tenn. Acts, ch. 410, Secs.s2, s3 eff. 5/12/2021. Acts 1993, ch. 336, § 3.
(a) The board shall establish a policy governing attendance at board hearings and submission and use of victim impact statements and other impact statements. Copies of the policy shall be available upon request. The policy must govern: (1) The requirement that those requesting notification of parole and parole revocation hearings keep the board advised of their current addresses and telephone numbers; (2) Instructions for attending and participating in parole and parole revocation hearings, including instructions for submitting an impact statement video; (3) The limitations on attendance as set forth in § 40-28-502 ; (4) Reasonable limitations on oral presentations and videos; and (5) Information about board discretion to investigate victim impact statements and other impact statements.
(1) The requirement that those requesting notification of parole and parole revocation hearings keep the board advised of their current addresses and telephone numbers;
(2) Instructions for attending and participating in parole and parole revocation hearings, including instructions for submitting an impact statement video;
(3) The limitations on attendance as set forth in § 40-28-502 ;
(4) Reasonable limitations on oral presentations and videos; and
(5) Information about board discretion to investigate victim impact statements and other impact statements.
(b) The board shall establish a standard victim notification form. The board shall distribute copies of the form to the victim witness coordinator in each judicial district for the state who shall make copies of the form available to the appropriate persons.
(c) (1) The board shall establish a digital function that a victim or other impacted person may use to electronically submit an impact statement video to be considered at an inmate's parole or parole revocation hearing. The digital function must allow the victim or other impacted person to submit a video of the victim or other impacted person presenting an impact statement as otherwise permitted by this part. The board may impose reasonable restrictions regarding the length of impact statement videos. (2) The digital function must allow a victim or other impacted person to indicate whether the victim or other impacted person would like the impact statement video to be resubmitted to any future parole or parole revocation hearings involving the same inmate and offense. If the victim or other impacted person indicates that the victim or other impacted person would like the video resubmitted to any future parole or parole revocation hearings involving the same inmate and offense, then the board shall consider the video at future hearings without further request from the victim or other impacted person. Prior to consideration at a subsequent hearing, the board shall notify the victim or other impacted person, in the same manner that notice is provided pursuant to § 40-28-505(b)(4) , that the video will be considered at the hearing unless the victim or other impacted person informs the board, in writing or using the digital function, that the victim or other impacted person no longer wishes to have the video considered. A victim or other impacted person may inform the board at any time, in writing or using the digital function, that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board. If a victim or other impacted person informs the board that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board using the digital function, the digital function must provide the victim or other impacted person the opportunity to indicate whether the victim or other impacted person will be submitting a new impact statement video, and whether the victim or other impacted person is opposed to, in favor of, or indifferent to the granting or revoking of parole to the inmate. (3) Any impact statement video is subject to the board's policies and rules governing the privacy of board records pursuant to §§ 40-28-119 and 40-28-503 .
(1) The board shall establish a digital function that a victim or other impacted person may use to electronically submit an impact statement video to be considered at an inmate's parole or parole revocation hearing. The digital function must allow the victim or other impacted person to submit a video of the victim or other impacted person presenting an impact statement as otherwise permitted by this part. The board may impose reasonable restrictions regarding the length of impact statement videos.
(2) The digital function must allow a victim or other impacted person to indicate whether the victim or other impacted person would like the impact statement video to be resubmitted to any future parole or parole revocation hearings involving the same inmate and offense. If the victim or other impacted person indicates that the victim or other impacted person would like the video resubmitted to any future parole or parole revocation hearings involving the same inmate and offense, then the board shall consider the video at future hearings without further request from the victim or other impacted person. Prior to consideration at a subsequent hearing, the board shall notify the victim or other impacted person, in the same manner that notice is provided pursuant to § 40-28-505(b)(4) , that the video will be considered at the hearing unless the victim or other impacted person informs the board, in writing or using the digital function, that the victim or other impacted person no longer wishes to have the video considered. A victim or other impacted person may inform the board at any time, in writing or using the digital function, that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board. If a victim or other impacted person informs the board that the victim or other impacted person no longer wishes to have a previously submitted video considered by the board using the digital function, the digital function must provide the victim or other impacted person the opportunity to indicate whether the victim or other impacted person will be submitting a new impact statement video, and whether the victim or other impacted person is opposed to, in favor of, or indifferent to the granting or revoking of parole to the inmate.
(3) Any impact statement video is subject to the board's policies and rules governing the privacy of board records pursuant to §§ 40-28-119 and 40-28-503 .
(d) As used in this section, "victim" includes both victims and victim representatives, as those terms are defined in § 40-38-203 .
Amended by 2021 Tenn. Acts, ch. 410, Secs.s2, s3 eff. 5/12/2021.
Acts 1993, ch. 336, § 3.
Tenn. Code Ann. § 40-23-107 — TN Code / Title 40 / Chapter 23 / Section 40-23-107
Safekeeping of inmates - Transfers to penitentiary
Status: in_force

(a) In counties where, because of the insufficiency of the county jail, or for any other cause, the court may be of opinion that the safekeeping of the inmates may require it, the court may order the immediate removal of inmates to the penitentiary or to the nearest branch prison, at the cost of the state, before the expiration of the time allowed to remove the inmates. (b) The inmates shall, as soon as possible after conviction, be safely removed and conveyed by the person appointed by the commissioner of correction for that purpose, to the penitentiary, or to one (1) of the branch prisons. Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., §§ 7240, 7241; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§11846, 11847; impl. am. Acts 1955, ch. 102, §1; T.C.A. (orig. ed.), §§ 40-3108, 40-3109.
(a) In counties where, because of the insufficiency of the county jail, or for any other cause, the court may be of opinion that the safekeeping of the inmates may require it, the court may order the immediate removal of inmates to the penitentiary or to the nearest branch prison, at the cost of the state, before the expiration of the time allowed to remove the inmates.
(b) The inmates shall, as soon as possible after conviction, be safely removed and conveyed by the person appointed by the commissioner of correction for that purpose, to the penitentiary, or to one (1) of the branch prisons.
Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., §§ 7240, 7241; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§11846, 11847; impl. am. Acts 1955, ch. 102, §1; T.C.A. (orig. ed.), §§ 40-3108, 40-3109.
Tenn. Code Ann. § 40-15-107 — TN Code / Title 40 / Chapter 15 / Section 40-15-107
Uniform application for pretrial diversion
Status: in_force

The administrative office of the courts, in consultation with the Tennessee district attorneys general conference and the Tennessee association of criminal defense lawyers, shall create a statewide uniform application for use in pretrial diversion. Acts 2000, ch. 813, § 1.
The administrative office of the courts, in consultation with the Tennessee district attorneys general conference and the Tennessee association of criminal defense lawyers, shall create a statewide uniform application for use in pretrial diversion.
Acts 2000, ch. 813, § 1.
Tenn. Code Ann. § 40-9-110 — TN Code / Title 40 / Chapter 9 / Section 40-9-110
Contents of demands from other states
Status: in_force

No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth. Acts 1951, ch. 240, § 3 (Williams, § 11935.3); T.C.A. (orig. ed.), § 40-1010.
No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
Acts 1951, ch. 240, § 3 (Williams, § 11935.3); T.C.A. (orig. ed.), § 40-1010.
Tenn. Code Ann. § 40-12-208 — TN Code / Title 40 / Chapter 12 / Section 40-12-208
Record of proceedings
Status: in_force

(a) All proceedings, except when the investigative grand jury is deliberating or voting, shall be recorded stenographically. (b) Any unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution. (c) The recording, the reporter's notes or any transcript prepared from the recording or notes shall remain in the custody or control of the district attorney general unless otherwise ordered by the court in a particular case. Acts 1990, ch. 1051, § 1.
(a) All proceedings, except when the investigative grand jury is deliberating or voting, shall be recorded stenographically.
(b) Any unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution.
(c) The recording, the reporter's notes or any transcript prepared from the recording or notes shall remain in the custody or control of the district attorney general unless otherwise ordered by the court in a particular case.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-38-113 — TN Code / Title 40 / Chapter 38 / Section 40-38-113
Information required to be provided to victim by law enforcement agencies
Status: in_force

Law enforcement agencies shall provide notice of the following information to any victim of crime: (1) The victim's rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system; (2) The availability, if any, of crisis intervention services and emergency and medical services; (3) The name of the law enforcement agency and telephone number; (4) In cases of domestic violence, the procedures and resources available for protection of the victim; (5) The names and telephone numbers of public and private victim assistance programs, including the state criminal injuries compensation program and programs that provide counseling, treatment and other support services; and (6) The procedural steps involved in a criminal prosecution. Acts 2000, ch. 801, § 1.
Law enforcement agencies shall provide notice of the following information to any victim of crime:
(1) The victim's rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system;
(2) The availability, if any, of crisis intervention services and emergency and medical services;
(3) The name of the law enforcement agency and telephone number;
(4) In cases of domestic violence, the procedures and resources available for protection of the victim;
(5) The names and telephone numbers of public and private victim assistance programs, including the state criminal injuries compensation program and programs that provide counseling, treatment and other support services; and
(6) The procedural steps involved in a criminal prosecution.
Acts 2000, ch. 801, § 1.
Tenn. Code Ann. § 40-33-107 — TN Code / Title 40 / Chapter 33 / Section 40-33-107
Procedure for determination of forfeiture
Status: in_force

In all cases of seizure of any conveyance subject to forfeiture under this part, the procedure shall be as follows: (1) The officer or other person making the seizure shall deliver to the person, if any found in possession of the seized conveyance, a receipt. The receipt shall state a general description of the seized conveyance, the reasons for the seizure, the procedure by which recovery of the conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the court having jurisdiction over the property shall make a reasonable effort to notify the owner or lienholder or both of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. A copy of the receipt shall be filed with the clerk of the court having jurisdiction over the property and shall be open to the public for inspection; (2) All conveyances seized under this part shall be sold at public sale by the county sheriff at the direction of the court having jurisdiction over the property in the manner provided by law for judicial sales in civil cases; however, any vehicle seized by a county or municipal law enforcement agency, and forfeited under this part, may, with the permission of the county sheriff at the direction of the court having jurisdiction over the property, be retained by the county or municipal law enforcement agency and used for purposes of law enforcement; provided, that any liens that are filed against the vehicle shall be satisfied by the law enforcement agency retaining the vehicle. Subject to § 40-33-110 , the proceeds that inure to the local governing body under this part shall be earmarked and used exclusively for law enforcement purposes in the county or municipality; (3) Any person claiming any conveyance so seized may, within fifteen (15) days after receipt of notification of seizure, file with the court a claim in writing, requesting a hearing and stating the person's interest in the conveyance seized. The claimant shall also file with the claimant's claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state. An indigent person may file the indigent's claim in forma pauperis by filing with the indigent's claim affidavit stating that the indigent is unable to bear the cost of the proceeding; (4) The court shall set a date for hearing within forty-five (45) days from the day a claim requesting the hearing is filed with the court. At each proceeding involving the disposition of the seized property, the state shall have the burden of proving by a preponderance of the evidence that the seized conveyance was used in a manner making it subject to forfeiture under this part, and failure to carry the burden of proof shall operate as a bar at any forfeiture hereunder. The state or local governing body shall be represented at the hearing by the district attorney general, the county attorney or the city attorney for the county or municipality wherein the seizure occurred; and (5) In the event the decision of the court is favorable to the claimant, the clerk of the court shall deliver to the claimant the conveyance so seized. If the ruling of the court is adverse to the claimant, the clerk of the court shall proceed to direct the county sheriff to sell or dispose of the conveyance in accordance with subdivision (2). The expenses of storage, transportation, etc., shall be adjudged as part of the cost of the proceeding in the manner as the court shall fix. Acts 1977, ch. 81, § 2; 1981, ch. 266, § 1; T.C.A., § 40-4107; Acts 1983, ch. 240, § 1; 1986, ch. 613, §§ 1-3; 1992, ch. 623, § 1.
In all cases of seizure of any conveyance subject to forfeiture under this part, the procedure shall be as follows:
(1) The officer or other person making the seizure shall deliver to the person, if any found in possession of the seized conveyance, a receipt. The receipt shall state a general description of the seized conveyance, the reasons for the seizure, the procedure by which recovery of the conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the court having jurisdiction over the property shall make a reasonable effort to notify the owner or lienholder or both of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. A copy of the receipt shall be filed with the clerk of the court having jurisdiction over the property and shall be open to the public for inspection;
(2) All conveyances seized under this part shall be sold at public sale by the county sheriff at the direction of the court having jurisdiction over the property in the manner provided by law for judicial sales in civil cases; however, any vehicle seized by a county or municipal law enforcement agency, and forfeited under this part, may, with the permission of the county sheriff at the direction of the court having jurisdiction over the property, be retained by the county or municipal law enforcement agency and used for purposes of law enforcement; provided, that any liens that are filed against the vehicle shall be satisfied by the law enforcement agency retaining the vehicle. Subject to § 40-33-110 , the proceeds that inure to the local governing body under this part shall be earmarked and used exclusively for law enforcement purposes in the county or municipality;
(3) Any person claiming any conveyance so seized may, within fifteen (15) days after receipt of notification of seizure, file with the court a claim in writing, requesting a hearing and stating the person's interest in the conveyance seized. The claimant shall also file with the claimant's claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state. An indigent person may file the indigent's claim in forma pauperis by filing with the indigent's claim affidavit stating that the indigent is unable to bear the cost of the proceeding;
(4) The court shall set a date for hearing within forty-five (45) days from the day a claim requesting the hearing is filed with the court. At each proceeding involving the disposition of the seized property, the state shall have the burden of proving by a preponderance of the evidence that the seized conveyance was used in a manner making it subject to forfeiture under this part, and failure to carry the burden of proof shall operate as a bar at any forfeiture hereunder. The state or local governing body shall be represented at the hearing by the district attorney general, the county attorney or the city attorney for the county or municipality wherein the seizure occurred; and
(5) In the event the decision of the court is favorable to the claimant, the clerk of the court shall deliver to the claimant the conveyance so seized. If the ruling of the court is adverse to the claimant, the clerk of the court shall proceed to direct the county sheriff to sell or dispose of the conveyance in accordance with subdivision (2). The expenses of storage, transportation, etc., shall be adjudged as part of the cost of the proceeding in the manner as the court shall fix.
Acts 1977, ch. 81, § 2; 1981, ch. 266, § 1; T.C.A., § 40-4107; Acts 1983, ch. 240, § 1; 1986, ch. 613, §§ 1-3; 1992, ch. 623, § 1.
Tenn. Code Ann. § 40-20-201 — TN Code / Title 40 / Chapter 20 / Section 40-20-201
Department of correction - Authority
Status: in_force

Notwithstanding any other provision of the law to the contrary, in the event that an offender is sentenced to confinement in the department of correction for six (6) years or less and is committed to the department, the department shall have the authority to place the offender in a special alternative incarceration unit in lieu of confinement in a regular state penal facility. In such a unit the offender shall, at a minimum, be required to participate for a period of ninety (90) days in an intensive regimen of work, exercise, military-type discipline and available treatment programs in accordance with policies and procedures established by the department. Acts 1989, ch. 217, § 2.
Notwithstanding any other provision of the law to the contrary, in the event that an offender is sentenced to confinement in the department of correction for six (6) years or less and is committed to the department, the department shall have the authority to place the offender in a special alternative incarceration unit in lieu of confinement in a regular state penal facility. In such a unit the offender shall, at a minimum, be required to participate for a period of ninety (90) days in an intensive regimen of work, exercise, military-type discipline and available treatment programs in accordance with policies and procedures established by the department.
Acts 1989, ch. 217, § 2.
Tenn. Code Ann. § 40-20-207 — TN Code / Title 40 / Chapter 20 / Section 40-20-207
Eligibility of certain drug offenders
Status: in_force

Notwithstanding the six (6) year or less sentence limitation of this part, an especially mitigated offender, as defined by § 40-35-109 , or a standard offender, as defined by § 40-35-105 , who is convicted of a violation of § 39-17-417(a) with respect to a controlled substance in an amount less than that set out in § 39-17-417(i) , is eligible for placement in the special alternative incarceration unit as defined and authorized by this part. Acts 1989, ch. 591, § 117.
Notwithstanding the six (6) year or less sentence limitation of this part, an especially mitigated offender, as defined by § 40-35-109 , or a standard offender, as defined by § 40-35-105 , who is convicted of a violation of § 39-17-417(a) with respect to a controlled substance in an amount less than that set out in § 39-17-417(i) , is eligible for placement in the special alternative incarceration unit as defined and authorized by this part.
Acts 1989, ch. 591, § 117.
Tenn. Code Ann. § 40-11-203 — TN Code / Title 40 / Chapter 11 / Section 40-11-203
Exoneration by surrender of defendant
Status: in_force

(a) After the liability of the bail bondsman or surety has become fixed by forfeiture, and before payment, the bail bondsman or surety may be exonerated from the liability by the surrender of the defendant and the payment of all costs; but may be exonerated from costs also if, in the opinion of the court, the bail bondsman or surety has been in no fault. (b) It is left to the sound discretion of the court whether the bail bondsman or surety shall be relieved from the liability of bail to any and to what extent. Code 1858, §§ 5180, 5181 (deriv. Acts 1811, ch. 2); Shan., §§ 7144, 7145; Code 1932, §§ 11693, 11694; T.C.A. (orig. ed.), § 40-1303.
(a) After the liability of the bail bondsman or surety has become fixed by forfeiture, and before payment, the bail bondsman or surety may be exonerated from the liability by the surrender of the defendant and the payment of all costs; but may be exonerated from costs also if, in the opinion of the court, the bail bondsman or surety has been in no fault.
(b) It is left to the sound discretion of the court whether the bail bondsman or surety shall be relieved from the liability of bail to any and to what extent.
Code 1858, §§ 5180, 5181 (deriv. Acts 1811, ch. 2); Shan., §§ 7144, 7145; Code 1932, §§ 11693, 11694; T.C.A. (orig. ed.), § 40-1303.
Tenn. Code Ann. § 40-33-111 — TN Code / Title 40 / Chapter 33 / Section 40-33-111
Lien for fees of attorney for accused
Status: in_force

The right to a forfeiture as provided in this part shall be inferior to and subject to any lien filed with the court in which the action is pending by an attorney representing the accused on the charge for which the forfeiture or confiscation resulted for the reasonable value of the services of the attorney. The value of the reasonable services represented by the lien shall be subject to the approval of the court that tried the case from which the forfeiture resulted. The arresting officer shall be furnished a copy of the attorney's claimed lien. Acts 1977, ch. 81, § 6; T.C.A., § 40-4111.
The right to a forfeiture as provided in this part shall be inferior to and subject to any lien filed with the court in which the action is pending by an attorney representing the accused on the charge for which the forfeiture or confiscation resulted for the reasonable value of the services of the attorney. The value of the reasonable services represented by the lien shall be subject to the approval of the court that tried the case from which the forfeiture resulted. The arresting officer shall be furnished a copy of the attorney's claimed lien.
Acts 1977, ch. 81, § 6; T.C.A., § 40-4111.
Tenn. Code Ann. § 40-30-307 — TN Code / Title 40 / Chapter 30 / Section 40-30-307
Appointment of counsel for indigents
Status: in_force

The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-407.
The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-407.
Tenn. Code Ann. § 40-38-608 — TN Code / Title 40 / Chapter 38 / Section 40-38-608
Cancellation of program participant's certification - Notice of cancellation - Request to withdraw from program - Responsibility to notify others that substitute address is no longer valid
Status: in_force

(a) The secretary of state shall cancel the certification of a program participant if any of the following are true: (1) The program participant's application contained one or more false statements; (2) The program participant failed to relocate to a new address or failed to provide documentary evidence of the new residence address to the secretary of state, in the form and manner prescribed by the secretary of state, within ninety (90) days from the date of application, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined by § 71-6-202 , or a similar facility; (3) The program participant obtains a name change, unless the program participant provides the secretary of state with documentation of a legal name change within ten (10) business days of the name change; (4) The program participant's certification has expired and the program participant has not renewed the certification in accordance with § 40-38-605 ; (5) The program participant is found by the secretary of state, after proper notice, to be unreachable for a period of twenty (20) days or more, as defined by rules promulgated by the secretary of state; (6) The secretary of state becomes aware that circumstances have changed such that the participant no longer meets the criteria set forth under this part that would allow participation in the program; (7) The participant submits to the secretary of state a written, notarized request to cease being a program participant on a form prescribed by the secretary of state; (8) The program participant, who applied to participate in the program as a co-applicant, no longer has a legal spousal, parental, or fiduciary relationship that would qualify them to participate in the program as a co-applicant; or (9) The program participant, who applied to participate in the program as a co-applicant, no longer resides at the same residence as the applicant with whom the co-applicant applied. (b) The secretary of state shall send notice of certification cancellation to the program participant setting out the reasons for cancellation. The program participant has the right to appeal the cancellation and request, within thirty (30) days from the date of the notice of cancellation, a contested case hearing before an administrative law judge, in accordance with rules promulgated by the secretary of state and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) A program participant may request to withdraw the program participant's participation in the program by submitting a written, notarized request, on a form prescribed by the secretary of state that includes all of the following: (1) The person's program participant identification number; (2) A statement that the participant wishes to cease being a program participant; (3) An acknowledgement that by withdrawing their participation, the person's address will no longer be kept confidential, the secretary of state will no longer accept or process mail received on the person's behalf, and the person's voter registration will no longer be kept confidential; and (4) A statement that the administrator of elections will either: (A) Treat the person's existing voter registration form in the same manner as other voter registration forms; or (B) Purge the participant's voter registration. (d) If an individual ceases to be a program participant, by reason of either cancellation or withdrawal, it shall be the responsibility of the individual to notify persons and entities that use the substitute address that the substitute address is no longer valid. Amended by 2021 Tenn. Acts, ch. 140, s 10, eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 577, Secs.s4, s5 eff. 3/19/2020. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) The secretary of state shall cancel the certification of a program participant if any of the following are true: (1) The program participant's application contained one or more false statements; (2) The program participant failed to relocate to a new address or failed to provide documentary evidence of the new residence address to the secretary of state, in the form and manner prescribed by the secretary of state, within ninety (90) days from the date of application, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined by § 71-6-202 , or a similar facility; (3) The program participant obtains a name change, unless the program participant provides the secretary of state with documentation of a legal name change within ten (10) business days of the name change; (4) The program participant's certification has expired and the program participant has not renewed the certification in accordance with § 40-38-605 ; (5) The program participant is found by the secretary of state, after proper notice, to be unreachable for a period of twenty (20) days or more, as defined by rules promulgated by the secretary of state; (6) The secretary of state becomes aware that circumstances have changed such that the participant no longer meets the criteria set forth under this part that would allow participation in the program; (7) The participant submits to the secretary of state a written, notarized request to cease being a program participant on a form prescribed by the secretary of state; (8) The program participant, who applied to participate in the program as a co-applicant, no longer has a legal spousal, parental, or fiduciary relationship that would qualify them to participate in the program as a co-applicant; or (9) The program participant, who applied to participate in the program as a co-applicant, no longer resides at the same residence as the applicant with whom the co-applicant applied.
(1) The program participant's application contained one or more false statements;
(2) The program participant failed to relocate to a new address or failed to provide documentary evidence of the new residence address to the secretary of state, in the form and manner prescribed by the secretary of state, within ninety (90) days from the date of application, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined by § 71-6-202 , or a similar facility;
(3) The program participant obtains a name change, unless the program participant provides the secretary of state with documentation of a legal name change within ten (10) business days of the name change;
(4) The program participant's certification has expired and the program participant has not renewed the certification in accordance with § 40-38-605 ;
(5) The program participant is found by the secretary of state, after proper notice, to be unreachable for a period of twenty (20) days or more, as defined by rules promulgated by the secretary of state;
(6) The secretary of state becomes aware that circumstances have changed such that the participant no longer meets the criteria set forth under this part that would allow participation in the program;
(7) The participant submits to the secretary of state a written, notarized request to cease being a program participant on a form prescribed by the secretary of state;
(8) The program participant, who applied to participate in the program as a co-applicant, no longer has a legal spousal, parental, or fiduciary relationship that would qualify them to participate in the program as a co-applicant; or
(9) The program participant, who applied to participate in the program as a co-applicant, no longer resides at the same residence as the applicant with whom the co-applicant applied.
(b) The secretary of state shall send notice of certification cancellation to the program participant setting out the reasons for cancellation. The program participant has the right to appeal the cancellation and request, within thirty (30) days from the date of the notice of cancellation, a contested case hearing before an administrative law judge, in accordance with rules promulgated by the secretary of state and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) A program participant may request to withdraw the program participant's participation in the program by submitting a written, notarized request, on a form prescribed by the secretary of state that includes all of the following: (1) The person's program participant identification number; (2) A statement that the participant wishes to cease being a program participant; (3) An acknowledgement that by withdrawing their participation, the person's address will no longer be kept confidential, the secretary of state will no longer accept or process mail received on the person's behalf, and the person's voter registration will no longer be kept confidential; and (4) A statement that the administrator of elections will either: (A) Treat the person's existing voter registration form in the same manner as other voter registration forms; or (B) Purge the participant's voter registration.
(1) The person's program participant identification number;
(2) A statement that the participant wishes to cease being a program participant;
(3) An acknowledgement that by withdrawing their participation, the person's address will no longer be kept confidential, the secretary of state will no longer accept or process mail received on the person's behalf, and the person's voter registration will no longer be kept confidential; and
(4) A statement that the administrator of elections will either: (A) Treat the person's existing voter registration form in the same manner as other voter registration forms; or (B) Purge the participant's voter registration.
(A) Treat the person's existing voter registration form in the same manner as other voter registration forms; or
(B) Purge the participant's voter registration.
(d) If an individual ceases to be a program participant, by reason of either cancellation or withdrawal, it shall be the responsibility of the individual to notify persons and entities that use the substitute address that the substitute address is no longer valid.
Amended by 2021 Tenn. Acts, ch. 140, s 10, eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 577, Secs.s4, s5 eff. 3/19/2020.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-17-201 — TN Code / Title 40 / Chapter 17 / Section 40-17-201
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings." Acts 1939, ch. 148, § 1; C. Supp. 1950, § 11979.1; T.C.A. (orig. ed.), § 40-2429.
This part shall be known and may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings."
Acts 1939, ch. 148, § 1; C. Supp. 1950, § 11979.1; T.C.A. (orig. ed.), § 40-2429.
Tenn. Code Ann. § 40-30-103 — TN Code / Title 40 / Chapter 30 / Section 40-30-103
Grounds for relief
Status: in_force

Relief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-203 .
Relief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-203 .
Tenn. Code Ann. § 40-30-302 — TN Code / Title 40 / Chapter 30 / Section 40-30-302
"DNA analysis" defined
Status: in_force

As used in this part, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-402.
As used in this part, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-402.
Tenn. Code Ann. § 40-1-104 — TN Code / Title 40 / Chapter 1 / Section 40-1-104
Fraudulent sale of pledged property
Status: in_force

Where cotton, tobacco, produce or other personal property is sold or pledged in violation of § 39-14-116 , the courts in the county where the office or place of business of the person or persons having made advances on the produce or property is situated shall have jurisdiction of the cases arising under § 39-14-116 , and of the person violating it. Acts 1879, ch. 131, § 2; Shan., § 6587; Code 1932, §10971; modified; T.C.A. (orig. ed.), § 40-111.
Where cotton, tobacco, produce or other personal property is sold or pledged in violation of § 39-14-116 , the courts in the county where the office or place of business of the person or persons having made advances on the produce or property is situated shall have jurisdiction of the cases arising under § 39-14-116 , and of the person violating it.
Acts 1879, ch. 131, § 2; Shan., § 6587; Code 1932, §10971; modified; T.C.A. (orig. ed.), § 40-111.
Tenn. Code Ann. § 40-25-142 — TN Code / Title 40 / Chapter 25 / Section 40-25-142
Payment to federal authorities
Status: in_force

The costs in §§ 40-25-140 and 40-25-141 shall be paid upon warrant of the commissioner of finance and administration, or county mayor, as the case may be, which warrant shall be issued upon properly authenticated and itemized bills of costs certified by the United States district attorney and judge holding the federal court, in the same manner as other similar costs are paid by the state or counties. Acts 1882 (2nd Ex. Sess.), ch. 2, § 2; Shan., § 7629; Code 1932, § 12258; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12258; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; T.C.A. (orig. ed.), §40-3349; Acts 2003 , ch. 90, § 2.
The costs in §§ 40-25-140 and 40-25-141 shall be paid upon warrant of the commissioner of finance and administration, or county mayor, as the case may be, which warrant shall be issued upon properly authenticated and itemized bills of costs certified by the United States district attorney and judge holding the federal court, in the same manner as other similar costs are paid by the state or counties.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 2; Shan., § 7629; Code 1932, § 12258; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12258; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; T.C.A. (orig. ed.), §40-3349; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 40-28-205 — TN Code / Title 40 / Chapter 28 / Section 40-28-205
Civil recovery of unpaid supervision fees
Status: in_force

(a) (1) Notwithstanding any law to the contrary, upon expiration of the term of probation or parole supervision, if any portion of a fee prescribed by § 39-13-705 , § 40-28-201 , § 40-35-303 or § 40-39-305 remains unpaid and has not been waived by the department or sentencing judge, then the department or its agent may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this section. (2) Within the twelve-month period following the expiration of the term of probation or parole supervision, the department or its agent may file a certified copy of the parole certificate, probation certificate or other court document that imposes a statutory duty to pay a supervision fee, along with an affidavit certifying the amount of fees that remain unpaid with an appropriate civil court having jurisdiction over the total amount of the unpaid balance. (3) When the department or its agent files a certified copy of the parole certificate, probation certificate or other court document imposing a statutory supervision fee, and the affidavit certifying the unpaid balance with the civil court, the department or its agent shall have the defendant personally served in accordance with the Tennessee Rules of Civil Procedure. The service shall give notice to the defendant of the department's intent to convert the unpaid balance of supervision fees to a civil judgment, include a copy of the documents filed with the court evidencing the duty to pay the supervision fees, and include a statement as to the amount of unpaid fees the department alleges the defendant still owes. (4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee Rules of Civil Procedure. (b) (1) The department may retain an agent to collect, institute proceedings to collect or establish an in-house collection procedure to collect unpaid supervision fees as provided for in this section. If an agent is used, the department shall utilize state competitive bidding procedures to select and retain the agent. (2) The agent may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the unpaid fees. (3) The written contract between the agent and the department shall include a provision specifying whether the agent may institute an action to collect the unpaid supervision fees in a judicial proceeding. Acts 2008, ch. 1078, § 1; 2012, ch. 727, § 40.
(a) (1) Notwithstanding any law to the contrary, upon expiration of the term of probation or parole supervision, if any portion of a fee prescribed by § 39-13-705 , § 40-28-201 , § 40-35-303 or § 40-39-305 remains unpaid and has not been waived by the department or sentencing judge, then the department or its agent may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this section. (2) Within the twelve-month period following the expiration of the term of probation or parole supervision, the department or its agent may file a certified copy of the parole certificate, probation certificate or other court document that imposes a statutory duty to pay a supervision fee, along with an affidavit certifying the amount of fees that remain unpaid with an appropriate civil court having jurisdiction over the total amount of the unpaid balance. (3) When the department or its agent files a certified copy of the parole certificate, probation certificate or other court document imposing a statutory supervision fee, and the affidavit certifying the unpaid balance with the civil court, the department or its agent shall have the defendant personally served in accordance with the Tennessee Rules of Civil Procedure. The service shall give notice to the defendant of the department's intent to convert the unpaid balance of supervision fees to a civil judgment, include a copy of the documents filed with the court evidencing the duty to pay the supervision fees, and include a statement as to the amount of unpaid fees the department alleges the defendant still owes. (4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee Rules of Civil Procedure.
(1) Notwithstanding any law to the contrary, upon expiration of the term of probation or parole supervision, if any portion of a fee prescribed by § 39-13-705 , § 40-28-201 , § 40-35-303 or § 40-39-305 remains unpaid and has not been waived by the department or sentencing judge, then the department or its agent may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this section.
(2) Within the twelve-month period following the expiration of the term of probation or parole supervision, the department or its agent may file a certified copy of the parole certificate, probation certificate or other court document that imposes a statutory duty to pay a supervision fee, along with an affidavit certifying the amount of fees that remain unpaid with an appropriate civil court having jurisdiction over the total amount of the unpaid balance.
(3) When the department or its agent files a certified copy of the parole certificate, probation certificate or other court document imposing a statutory supervision fee, and the affidavit certifying the unpaid balance with the civil court, the department or its agent shall have the defendant personally served in accordance with the Tennessee Rules of Civil Procedure. The service shall give notice to the defendant of the department's intent to convert the unpaid balance of supervision fees to a civil judgment, include a copy of the documents filed with the court evidencing the duty to pay the supervision fees, and include a statement as to the amount of unpaid fees the department alleges the defendant still owes.
(4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee Rules of Civil Procedure.
(b) (1) The department may retain an agent to collect, institute proceedings to collect or establish an in-house collection procedure to collect unpaid supervision fees as provided for in this section. If an agent is used, the department shall utilize state competitive bidding procedures to select and retain the agent. (2) The agent may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the unpaid fees. (3) The written contract between the agent and the department shall include a provision specifying whether the agent may institute an action to collect the unpaid supervision fees in a judicial proceeding.
(1) The department may retain an agent to collect, institute proceedings to collect or establish an in-house collection procedure to collect unpaid supervision fees as provided for in this section. If an agent is used, the department shall utilize state competitive bidding procedures to select and retain the agent.
(2) The agent may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the unpaid fees.
(3) The written contract between the agent and the department shall include a provision specifying whether the agent may institute an action to collect the unpaid supervision fees in a judicial proceeding.
Acts 2008, ch. 1078, § 1; 2012, ch. 727, § 40.
Tenn. Code Ann. § 40-38-501 — TN Code / Title 40 / Chapter 38 / Section 40-38-501
Creation
Status: in_force

There is created the statewide automated victim information and notification system, referred to as the "victim notification system" in this part, to be organized and administered in accordance with this part and to make the statewide automated victim information and notification system operational. Acts 2009, ch. 488, § 2.
There is created the statewide automated victim information and notification system, referred to as the "victim notification system" in this part, to be organized and administered in accordance with this part and to make the statewide automated victim information and notification system operational.
Acts 2009, ch. 488, § 2.
Tenn. Code Ann. § 40-12-216 — TN Code / Title 40 / Chapter 12 / Section 40-12-216
Witness' right to consult counsel
Status: in_force

A witness before a grand jury convened pursuant to this part shall have the right to leave the grand jury room to consult the witness's counsel at reasonable intervals and for a reasonable period of time upon the request of the witness. Acts 1990, ch. 1051, § 1.
A witness before a grand jury convened pursuant to this part shall have the right to leave the grand jury room to consult the witness's counsel at reasonable intervals and for a reasonable period of time upon the request of the witness.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-9-105 — TN Code / Title 40 / Chapter 9 / Section 40-9-105
Commitment awaiting extradition
Status: in_force

If, from the examination before the judge or magistrate, it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under § 40-9-113 , that the person has fled from justice, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in § 40-9-106 , or until the accused is legally discharged. Acts 1951, ch. 240, § 15 (Williams, § 11935.15); T.C.A. (orig. ed.), § 40-1005.
If, from the examination before the judge or magistrate, it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under § 40-9-113 , that the person has fled from justice, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in § 40-9-106 , or until the accused is legally discharged.
Acts 1951, ch. 240, § 15 (Williams, § 11935.15); T.C.A. (orig. ed.), § 40-1005.
Tenn. Code Ann. § 40-9-107 — TN Code / Title 40 / Chapter 9 / Section 40-9-107
Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender according to the condition of the person's bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state. Acts 1951, ch. 240, § 18 (Williams, § 11935.18); T.C.A. (orig. ed.), § 40-1007.
If the prisoner is admitted to bail, and fails to appear and surrender according to the condition of the person's bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Acts 1951, ch. 240, § 18 (Williams, § 11935.18); T.C.A. (orig. ed.), § 40-1007.
Tenn. Code Ann. § 40-38-603 — TN Code / Title 40 / Chapter 38 / Section 40-38-603
Eligibility to participate in address confidentiality program
Status: in_force

A person who is required by law to be registered under any of the following is not eligible to participate in the address confidentiality program: (1) Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in chapter 39, part 2 of this title; (2) Tennessee Animal Abuser Registration Act, compiled in chapter 39, part 1 of this title; (3) Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled in title 68, chapter 11, part 10; or (4) Drug offender registry under § 39-17-436 . Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
A person who is required by law to be registered under any of the following is not eligible to participate in the address confidentiality program:
(1) Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in chapter 39, part 2 of this title;
(2) Tennessee Animal Abuser Registration Act, compiled in chapter 39, part 1 of this title;
(3) Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled in title 68, chapter 11, part 10; or
(4) Drug offender registry under § 39-17-436 .
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-35-207 — TN Code / Title 40 / Chapter 35 / Section 40-35-207
Presentence report - Contents - Validated risk and needs assessment defined
Status: in_force

(a) The presentence report shall set forth: (1) The characteristics and circumstances of the offense committed by the defendant; (2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits; (3) Information relating to enhancement or mitigating factors asserted by the parties and its source; (4) The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult; (5) Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained; (6) If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant; (7) If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity; (8) Any statement relating to sentencing submitted by the victim of the offense or the investigative agency; (9) Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence; (10) The results of the validated risk and needs assessment; and (11) Any other matters the court directs to be included. (b) The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law. (c) In misdemeanor cases where the court has ordered a presentence report or hearing and in cases in which neither party asserts the existence of any enhancement or mitigating factors, the court may direct the presentence service officer not to include certain types of information normally required in the report. (d) As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool designated by the department that assesses the dynamic and static factors that drive criminal behavior. Amended by 2016 Tenn. Acts, ch. 906, Secs.s 7, s 8 eff. 1/1/2017. Acts 1989, ch. 591, § 6; 2010 , ch. 861, § 4.
(a) The presentence report shall set forth: (1) The characteristics and circumstances of the offense committed by the defendant; (2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits; (3) Information relating to enhancement or mitigating factors asserted by the parties and its source; (4) The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult; (5) Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained; (6) If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant; (7) If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity; (8) Any statement relating to sentencing submitted by the victim of the offense or the investigative agency; (9) Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence; (10) The results of the validated risk and needs assessment; and (11) Any other matters the court directs to be included.
(1) The characteristics and circumstances of the offense committed by the defendant;
(2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits;
(3) Information relating to enhancement or mitigating factors asserted by the parties and its source;
(4) The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult;
(5) Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained;
(6) If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant;
(7) If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity;
(8) Any statement relating to sentencing submitted by the victim of the offense or the investigative agency;
(9) Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence;
(10) The results of the validated risk and needs assessment; and
(11) Any other matters the court directs to be included.
(b) The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law.
(c) In misdemeanor cases where the court has ordered a presentence report or hearing and in cases in which neither party asserts the existence of any enhancement or mitigating factors, the court may direct the presentence service officer not to include certain types of information normally required in the report.
(d) As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool designated by the department that assesses the dynamic and static factors that drive criminal behavior.
Amended by 2016 Tenn. Acts, ch. 906, Secs.s 7, s 8 eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 2010 , ch. 861, § 4.
Tenn. Code Ann. § 40-28-119 — TN Code / Title 40 / Chapter 28 / Section 40-28-119
Records of parolees
Status: in_force

(a) The board shall cause to be kept records which may include social, physical, mental, psychiatric and criminal information for every inmate considered for or released. (b) The board may make rules, as it deems proper, as to the privacy of the record and of the records of its employment bureau, and their use by others than the board and its staff. Acts 1937, ch. 276, §§ 5, 15; C. Supp. 1950, §§ 11818.5, 11818.15 (Williams, §§ 11843.5, 11843.15); modified; Acts 1979, ch. 359, § 20; T.C.A. (orig. ed.), § 40-3616; Acts 1989, ch. 227, §§ 37, 38; 1998, ch. 1049, §§ 36, 37; 2012, ch. 727, § 26.
(a) The board shall cause to be kept records which may include social, physical, mental, psychiatric and criminal information for every inmate considered for or released.
(b) The board may make rules, as it deems proper, as to the privacy of the record and of the records of its employment bureau, and their use by others than the board and its staff.
Acts 1937, ch. 276, §§ 5, 15; C. Supp. 1950, §§ 11818.5, 11818.15 (Williams, §§ 11843.5, 11843.15); modified; Acts 1979, ch. 359, § 20; T.C.A. (orig. ed.), § 40-3616; Acts 1989, ch. 227, §§ 37, 38; 1998, ch. 1049, §§ 36, 37; 2012, ch. 727, § 26.
Tenn. Code Ann. § 40-36-104 — TN Code / Title 40 / Chapter 36 / Section 40-36-104
Goals of this chapter - Use of funding - Appropriation of funding
Status: in_force

(a) This chapter is intended to accomplish the following goals: (1) Maintain safe and cost efficient community correctional programs that also involve close supervision of offenders; (2) Promote accountability of offenders to their local community by requiring direct financial restitution to victims of crimes and community service restitution to local governments and community agencies; (3) [Deleted by 2021 amendment.] (4) Reduce the number of nonviolent felony offenders committed by participating counties to correctional institutions and jails by punishing these offenders in noncustodial options as provided in this chapter; (5) Provide opportunities for offenders demonstrating special needs to receive services that enhance their ability to provide for their families and become contributing members of their community; (6) Encourage the involvement of local officials and leading citizens in their local correctional system; and (7) Promote the development of community corrections programs which are tailored to the specific needs of each participating county, and which are creative and innovative, within this state. (b) Funds awarded under this chapter, including funds paid pursuant to contracts entered in accordance with this chapter, must not be used to supplant existing state or local government funds and must not be used for: (1) Construction, renovation, or operation of local correctional facilities; provided, however, that this subdivision (b)(1) does not prohibit the use of such funds to expand jail-based programs for offenders sentenced to split confinement in conjunction with a sentence of probation under chapter 35 of this title; (2) Construction, renovation, or operation of state facilities; or (3) Salaries of state probation and parole officers. (c) Administrative costs connected with the expenditure of funds awarded under this chapter shall not exceed a percentage amount established by the department of correction. (d) Funding under this chapter shall be appropriated on an annual basis and any unspent moneys shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter. Amended by 2021 Tenn. Acts, ch. 409, s 14, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 13, eff. 7/1/2021. Acts 1985 (1st Ex. Sess.), ch. 3, § 4.
(a) This chapter is intended to accomplish the following goals: (1) Maintain safe and cost efficient community correctional programs that also involve close supervision of offenders; (2) Promote accountability of offenders to their local community by requiring direct financial restitution to victims of crimes and community service restitution to local governments and community agencies; (3) [Deleted by 2021 amendment.] (4) Reduce the number of nonviolent felony offenders committed by participating counties to correctional institutions and jails by punishing these offenders in noncustodial options as provided in this chapter; (5) Provide opportunities for offenders demonstrating special needs to receive services that enhance their ability to provide for their families and become contributing members of their community; (6) Encourage the involvement of local officials and leading citizens in their local correctional system; and (7) Promote the development of community corrections programs which are tailored to the specific needs of each participating county, and which are creative and innovative, within this state.
(1) Maintain safe and cost efficient community correctional programs that also involve close supervision of offenders;
(2) Promote accountability of offenders to their local community by requiring direct financial restitution to victims of crimes and community service restitution to local governments and community agencies;
(3) [Deleted by 2021 amendment.]
(4) Reduce the number of nonviolent felony offenders committed by participating counties to correctional institutions and jails by punishing these offenders in noncustodial options as provided in this chapter;
(5) Provide opportunities for offenders demonstrating special needs to receive services that enhance their ability to provide for their families and become contributing members of their community;
(6) Encourage the involvement of local officials and leading citizens in their local correctional system; and
(7) Promote the development of community corrections programs which are tailored to the specific needs of each participating county, and which are creative and innovative, within this state.
(b) Funds awarded under this chapter, including funds paid pursuant to contracts entered in accordance with this chapter, must not be used to supplant existing state or local government funds and must not be used for: (1) Construction, renovation, or operation of local correctional facilities; provided, however, that this subdivision (b)(1) does not prohibit the use of such funds to expand jail-based programs for offenders sentenced to split confinement in conjunction with a sentence of probation under chapter 35 of this title; (2) Construction, renovation, or operation of state facilities; or (3) Salaries of state probation and parole officers.
(1) Construction, renovation, or operation of local correctional facilities; provided, however, that this subdivision (b)(1) does not prohibit the use of such funds to expand jail-based programs for offenders sentenced to split confinement in conjunction with a sentence of probation under chapter 35 of this title;
(2) Construction, renovation, or operation of state facilities; or
(3) Salaries of state probation and parole officers.
(c) Administrative costs connected with the expenditure of funds awarded under this chapter shall not exceed a percentage amount established by the department of correction.
(d) Funding under this chapter shall be appropriated on an annual basis and any unspent moneys shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter.
Amended by 2021 Tenn. Acts, ch. 409, s 14, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 13, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 4.
Tenn. Code Ann. § 40-33-208 — TN Code / Title 40 / Chapter 33 / Section 40-33-208
Bonding procedure
Status: in_force

(a) (1) Pending any proceeding to forfeit seized property, any owner or co-owner may, and any secured party shall, unless a warrant for the forfeiture of the secured party's interest is issued or unless the seizing agency objects, obtain immediate possession of the property by submitting to the jurisdiction of the applicable agency and executing, with one (1) or more sureties approved by the applicable agency, a bond in favor of the state of Tennessee in the amount provided by this section. If the seizing agency objects, a secured party, owner or co-owner may not obtain possession of the property pursuant to this section until five (5) days after the date the property is seized. (2) If the property seized was other than a motor vehicle, bond shall be in an amount equal to two (2) times the retail value of the property. (3) If the property seized was a motor vehicle titled in the name of one (1) or more persons who are not secured parties, the bond shall be in an amount equal to the NADA Southeastern Edition retail value of the vehicle. (b) A secured party may obtain immediate possession of the seized property by executing the bond provided in subdivision (a)(2) or by executing an annual bond or letter of credit with a regulated financial institution in the amount of twenty-five thousand dollars ($25,000). Upon submitting proof of the bond or letter of credit, the applicable agency may release the property to the secured party. (c) Any owner, co-owner or secured party who fails to produce the seized property upon the issuance of a forfeiture order, or who fails to tender to the applicable agency the value of the interest that is forfeited, shall have the bond posted with the applicable agency forfeited in lieu of and in the same manner as the seized property. (d) Notwithstanding the provisions of any conditional sales contract, security agreement or title 47, chapter 9, to the contrary, a secured party who obtains possession of seized property under this section shall be prohibited from releasing the property to the person in possession of it at the time of seizure, but the secured party shall not otherwise be limited in exercising any right the party could exercise under the security agreement or law. The person in possession of the property at the time of seizure shall be ineligible to redeem any property released to a secured party, or to bid at any sale of the property by any holder of the security interest acting pursuant to a security agreement, contract or title 47, chapter 9. (e) Any secured party or successor in interest to the secured party who, pending a forfeiture hearing, bonds out and obtains immediate possession of a conveyance seized pursuant to this part shall notify the applicable agency and the seizing agency of any sale of the seized property conducted by the secured party or successor in interest. The secured party or successor in interest shall send to the seizing agency any proceeds resulting from the sale that were in excess of the amount required to satisfy the existing security interest. If the secured party or successor in interest sells the vehicle prior to the disposition of the forfeiture proceeding, the secured party or successor in interest shall notify the applicable agency in writing that a sale was conducted and the results of the sale. The secured party or successor in interest shall also notify the applicable agency of the amount of the security interest and the amount that resulted from the sale. The seizing agency shall be responsible for maintaining possession of any proceeds in excess of the amount of the security interest that the secured party or successor in interest returns to it following the sale of the confiscated vehicle. The seizing agency shall maintain possession of the proceeds until a final disposition in the forfeiture proceeding. (f) The state of Tennessee or any governmental official acting pursuant to this section shall not be liable for giving immediate possession of seized property to a person or entity pursuant to this section. Acts 1994, ch. 925, § 1.
(a) (1) Pending any proceeding to forfeit seized property, any owner or co-owner may, and any secured party shall, unless a warrant for the forfeiture of the secured party's interest is issued or unless the seizing agency objects, obtain immediate possession of the property by submitting to the jurisdiction of the applicable agency and executing, with one (1) or more sureties approved by the applicable agency, a bond in favor of the state of Tennessee in the amount provided by this section. If the seizing agency objects, a secured party, owner or co-owner may not obtain possession of the property pursuant to this section until five (5) days after the date the property is seized. (2) If the property seized was other than a motor vehicle, bond shall be in an amount equal to two (2) times the retail value of the property. (3) If the property seized was a motor vehicle titled in the name of one (1) or more persons who are not secured parties, the bond shall be in an amount equal to the NADA Southeastern Edition retail value of the vehicle.
(1) Pending any proceeding to forfeit seized property, any owner or co-owner may, and any secured party shall, unless a warrant for the forfeiture of the secured party's interest is issued or unless the seizing agency objects, obtain immediate possession of the property by submitting to the jurisdiction of the applicable agency and executing, with one (1) or more sureties approved by the applicable agency, a bond in favor of the state of Tennessee in the amount provided by this section. If the seizing agency objects, a secured party, owner or co-owner may not obtain possession of the property pursuant to this section until five (5) days after the date the property is seized.
(2) If the property seized was other than a motor vehicle, bond shall be in an amount equal to two (2) times the retail value of the property.
(3) If the property seized was a motor vehicle titled in the name of one (1) or more persons who are not secured parties, the bond shall be in an amount equal to the NADA Southeastern Edition retail value of the vehicle.
(b) A secured party may obtain immediate possession of the seized property by executing the bond provided in subdivision (a)(2) or by executing an annual bond or letter of credit with a regulated financial institution in the amount of twenty-five thousand dollars ($25,000). Upon submitting proof of the bond or letter of credit, the applicable agency may release the property to the secured party.
(c) Any owner, co-owner or secured party who fails to produce the seized property upon the issuance of a forfeiture order, or who fails to tender to the applicable agency the value of the interest that is forfeited, shall have the bond posted with the applicable agency forfeited in lieu of and in the same manner as the seized property.
(d) Notwithstanding the provisions of any conditional sales contract, security agreement or title 47, chapter 9, to the contrary, a secured party who obtains possession of seized property under this section shall be prohibited from releasing the property to the person in possession of it at the time of seizure, but the secured party shall not otherwise be limited in exercising any right the party could exercise under the security agreement or law. The person in possession of the property at the time of seizure shall be ineligible to redeem any property released to a secured party, or to bid at any sale of the property by any holder of the security interest acting pursuant to a security agreement, contract or title 47, chapter 9.
(e) Any secured party or successor in interest to the secured party who, pending a forfeiture hearing, bonds out and obtains immediate possession of a conveyance seized pursuant to this part shall notify the applicable agency and the seizing agency of any sale of the seized property conducted by the secured party or successor in interest. The secured party or successor in interest shall send to the seizing agency any proceeds resulting from the sale that were in excess of the amount required to satisfy the existing security interest. If the secured party or successor in interest sells the vehicle prior to the disposition of the forfeiture proceeding, the secured party or successor in interest shall notify the applicable agency in writing that a sale was conducted and the results of the sale. The secured party or successor in interest shall also notify the applicable agency of the amount of the security interest and the amount that resulted from the sale. The seizing agency shall be responsible for maintaining possession of any proceeds in excess of the amount of the security interest that the secured party or successor in interest returns to it following the sale of the confiscated vehicle. The seizing agency shall maintain possession of the proceeds until a final disposition in the forfeiture proceeding.
(f) The state of Tennessee or any governmental official acting pursuant to this section shall not be liable for giving immediate possession of seized property to a person or entity pursuant to this section.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-11-138 — TN Code / Title 40 / Chapter 11 / Section 40-11-138
Release of bail bondsmen or sureties from obligations
Status: in_force

(a) If the conditions of the bail bond have been performed and the defendant has been discharged from the defendant's obligations in the cause, the clerk of the court shall return to the bondsman the deposit of any cash. If the bail has been secured by real estate, the clerk of the court shall immediately prepare and forward to the register a written release of the deed of trust on the real estate. The costs of the release shall be paid by the defendant. (b) (1) A bail bondsman or surety shall be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, whether diversion or otherwise, or retirement. (2) (A) If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence. (B) After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety. (c) If after the bond has been active and in effect for three (3) years and the state has failed to seek an original indictment before a grand jury against the defendant covered by the bond, the bond shall not be forfeited against the surety and shall not be included in the calculation of a professional bondsman's capacity, solvency, or otherwise negatively impact the surety involved. Amended by 2017 Tenn. Acts, ch. 262,s 1, eff. 5/2/2017. Amended by 2014 Tenn. Acts, ch. 922,s 1, eff. 5/16/2014. Amended by 2013 Tenn. Acts, ch. 388,s 2, eff. 5/6/2013. Acts 1978, ch. 506, § 34; T.C.A., § 40-1238; Acts 1988, ch. 877, § 1; 1989, ch. 109, § 1.
(a) If the conditions of the bail bond have been performed and the defendant has been discharged from the defendant's obligations in the cause, the clerk of the court shall return to the bondsman the deposit of any cash. If the bail has been secured by real estate, the clerk of the court shall immediately prepare and forward to the register a written release of the deed of trust on the real estate. The costs of the release shall be paid by the defendant.
(b) (1) A bail bondsman or surety shall be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, whether diversion or otherwise, or retirement. (2) (A) If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence. (B) After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety.
(1) A bail bondsman or surety shall be released from an obligation under a bail bond if the charge against the surety's principal is disposed of by acquittal, agreement with the state, whether diversion or otherwise, or retirement.
(2) (A) If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence. (B) After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety.
(A) If the charge is disposed of by conviction or a plea of guilty, the bond shall remain in effect until the court renders the defendant's sentence.
(B) After conviction or a plea of guilty, and before the court renders the defendant's sentence, the bond shall not be forfeited against a surety, shall not be included in the calculation of a professional bondsman's capacity or solvency, or otherwise negatively impact the surety.
(c) If after the bond has been active and in effect for three (3) years and the state has failed to seek an original indictment before a grand jury against the defendant covered by the bond, the bond shall not be forfeited against the surety and shall not be included in the calculation of a professional bondsman's capacity, solvency, or otherwise negatively impact the surety involved.
Amended by 2017 Tenn. Acts, ch. 262,s 1, eff. 5/2/2017.
Amended by 2014 Tenn. Acts, ch. 922,s 1, eff. 5/16/2014.
Amended by 2013 Tenn. Acts, ch. 388,s 2, eff. 5/6/2013.
Acts 1978, ch. 506, § 34; T.C.A., § 40-1238; Acts 1988, ch. 877, § 1; 1989, ch. 109, § 1.
Tenn. Code Ann. § 40-25-125 — TN Code / Title 40 / Chapter 25 / Section 40-25-125
Costs on peace warrant
Status: in_force

Upon the trial of a person who has been arrested on a warrant to keep the peace, and bound over for appearance at court to answer the charge, the court may, at its discretion, order the person, or the person at whose instance the warrant was taken out, to pay the costs. Code 1858, § 5584 (deriv. Acts 1835-1836, ch. 59, § 1); Shan., §7618; Code 1932, § 12245; T.C.A. (orig. ed.), § 40-3327.
Upon the trial of a person who has been arrested on a warrant to keep the peace, and bound over for appearance at court to answer the charge, the court may, at its discretion, order the person, or the person at whose instance the warrant was taken out, to pay the costs.
Code 1858, § 5584 (deriv. Acts 1835-1836, ch. 59, § 1); Shan., §7618; Code 1932, § 12245; T.C.A. (orig. ed.), § 40-3327.
Tenn. Code Ann. § 40-12-204 — TN Code / Title 40 / Chapter 12 / Section 40-12-204
Record of filing
Status: in_force

(a) Upon the filing of a petition to convene an investigative grand jury, the clerk shall mark the petition as filed, note the date and time of filing on the petition, and shall record the filing of the petition in records kept for proceedings under this part. (b) The clerk shall then immediately forward the petition to the presiding judge of the judicial district. Acts 1990, ch. 1051, § 1.
(a) Upon the filing of a petition to convene an investigative grand jury, the clerk shall mark the petition as filed, note the date and time of filing on the petition, and shall record the filing of the petition in records kept for proceedings under this part.
(b) The clerk shall then immediately forward the petition to the presiding judge of the judicial district.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-22-101 — TN Code / Title 40 / Chapter 22 / Section 40-22-101
Postponement of execution of sentence pending application for clemency
Status: in_force

In case of the conviction and sentence of a defendant to imprisonment, the presiding judge may, in all proper cases, postpone the execution of the sentence for the amount of time as may be necessary to make application to the executive for a pardon or commutation of punishment. Code 1858, §5255; Shan., § 7230; Code 1932, § 11821; T.C.A. (orig. ed.), § 40-3001.
In case of the conviction and sentence of a defendant to imprisonment, the presiding judge may, in all proper cases, postpone the execution of the sentence for the amount of time as may be necessary to make application to the executive for a pardon or commutation of punishment.
Code 1858, §5255; Shan., § 7230; Code 1932, § 11821; T.C.A. (orig. ed.), § 40-3001.
Tenn. Code Ann. § 40-13-108 — TN Code / Title 40 / Chapter 13 / Section 40-13-108
Presentation of indictment
Status: in_force

An indictment, when found by the grand jury and endorsed as prescribed by this part, shall be presented by the foreman to the clerk of the court who shall file the indictment as provided by law. Code 1858, § 5098; Shan., § 7060; Code 1932, § 11604; T.C.A. (orig. ed.), § 40-1709; Acts 2003, ch. 64, § 1.
An indictment, when found by the grand jury and endorsed as prescribed by this part, shall be presented by the foreman to the clerk of the court who shall file the indictment as provided by law.
Code 1858, § 5098; Shan., § 7060; Code 1932, § 11604; T.C.A. (orig. ed.), § 40-1709; Acts 2003, ch. 64, § 1.
Tenn. Code Ann. § 40-7-122 — TN Code / Title 40 / Chapter 7 / Section 40-7-122
Fee for booking and processing of persons subject to arrest or summons
Status: in_force

In addition to any other fees the sheriff is entitled to demand and receive in accordance with § 8-21-901 , a county legislative body may vote to impose an additional fee of not more than ten dollars ($10.00) for the booking and processing of each person subject to arrest or summons. The fee shall be collected at the same time and in the same manner as other fees are collected by a sheriff in accordance with title 8, chapter 21, part 9. The fee shall not be charged to any person determined by the court to be indigent. Acts 2007, ch. 586, § 2.
In addition to any other fees the sheriff is entitled to demand and receive in accordance with § 8-21-901 , a county legislative body may vote to impose an additional fee of not more than ten dollars ($10.00) for the booking and processing of each person subject to arrest or summons. The fee shall be collected at the same time and in the same manner as other fees are collected by a sheriff in accordance with title 8, chapter 21, part 9. The fee shall not be charged to any person determined by the court to be indigent.
Acts 2007, ch. 586, § 2.
Tenn. Code Ann. § 40-6-214 — TN Code / Title 40 / Chapter 6 / Section 40-6-214
Authority of clerks and deputies of general sessions courts
Status: in_force

Clerks of courts of general sessions and their duly sworn deputies have jurisdiction and authority, concurrent with that of the judges of the general sessions court, to issue warrants for the arrest of persons. Acts 1955, ch. 150, § 1; T.C.A., § 40-715; Acts 1993, ch. 241, § 67.
Clerks of courts of general sessions and their duly sworn deputies have jurisdiction and authority, concurrent with that of the judges of the general sessions court, to issue warrants for the arrest of persons.
Acts 1955, ch. 150, § 1; T.C.A., § 40-715; Acts 1993, ch. 241, § 67.
Tenn. Code Ann. § 40-25-126 — TN Code / Title 40 / Chapter 25 / Section 40-25-126
Taxing of costs of malicious or frivolous prosecution
Status: in_force

(a) When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs. (b) This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs. Code 1858, §§ 5579, 5580 (deriv. Acts 1794, ch. 1, § 76; 1807, ch. 24, § 1; 1851-1852, ch. 70, §§ 1, 2); Shan., §§ 7611, 7612; Code 1932, §§12239, 12240; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3328.
(a) When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs.
(b) This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs.
Code 1858, §§ 5579, 5580 (deriv. Acts 1794, ch. 1, § 76; 1807, ch. 24, § 1; 1851-1852, ch. 70, §§ 1, 2); Shan., §§ 7611, 7612; Code 1932, §§12239, 12240; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3328.
Tenn. Code Ann. § 40-36-106 — TN Code / Title 40 / Chapter 36 / Section 40-36-106
Eligible offenders
Status: in_force

(a) (1) An offender who meets all of the following minimum criteria shall be considered eligible for punishment in the community under this chapter: (A) Persons who, without this option, would be incarcerated in a correctional institution; (B) Persons who are convicted of property-related or drug- or alcohol-related felony offenses or other felony offenses not involving crimes against the person as provided in title 39, chapter 13, parts 1-5; (C) Persons who are convicted of nonviolent felony offenses; (D) Persons who are convicted of felony offenses in which the use or possession of a weapon was not involved; (E) Persons who do not demonstrate a present or past pattern of behavior indicating violence; (F) Persons who do not demonstrate a pattern of committing violent offenses; (G) Persons who have not been convicted of a sexual offense under title 39, chapter 13, part 5; (H) Persons who do not meet the definition of a sexual offender or violent sexual offender under § 40-39-202 ; and (I) Persons who are not required to serve a sentence of community supervision for life under § 39-13-524 . (2) Persons who are sentenced to incarceration or are on escape at the time of consideration will not be eligible for punishment in the community. (b) Offenders shall not be excluded from the program on the basis of prior convictions for nonviolent felony offenses, but may, at the discretion of the court and local community corrections advisory board, be excluded on the basis of prior convictions for felony offenses that would not meet the eligibility criteria provided in subsection (a). (c) Felony offenders not otherwise eligible under subsection (a), and who would be usually considered unfit for probation due to histories of chronic alcohol or drug abuse or mental health problems, but whose special needs are treatable and could be served best in the community rather than in a correctional institution, may be considered eligible for punishment in the community under this chapter. (d) The eligibility criteria established in this section shall be interpreted as minimum state standards, guiding the determination of eligibility of offenders under this chapter. (e) (1) Notwithstanding any law to the contrary, the court is authorized to sentence an eligible defendant as defined in this section to any appropriate community-based alternative to incarceration provided in accordance with the terms of this chapter, and under the additional terms and conditions as the court may prescribe, in lieu of incarceration in a state penal institution or local jail or workhouse. (2) In sentencing an eligible defendant to any community-based alternative to incarceration, the court shall possess the power to set the duration of the sentence for the offense committed at any period of time up to the maximum sentence within the appropriate sentence range and shall retain the authority to alter or amend at any time the length, terms or conditions of the sentence imposed. (3) (A) The court also has the power to terminate an offender from the program and to place the offender on supervised or unsupervised probation upon a showing that the offender did abide by the conditions imposed on the original sentence and that the offender's placement on probation presents no substantial risk to public safety. This authority of the court extends to offenders not originally eligible for probation after service of at least one (1) year. (B) Failure to comply with the terms of probation subjects the offender to revocation proceedings conducted by the court pursuant to § 40-35-311 . If incarcerated, the offender receives credit only for actual time served in the community-based alternative program. (4) The court shall also possess the power to revoke the sentence imposed at any time due to the conduct of the defendant or the termination or modification of the program to which the defendant has been sentenced, and the court may resentence the defendant to any appropriate sentencing alternative, including incarceration, for any period of time up to the maximum sentence provided for the offense committed, less any time actually served in any community-based alternative to incarceration. The resentencing shall be conducted in compliance with § 40-35-210 . (5) The district attorney general, victim, defense attorney and probation and parole officer should be consulted regarding potential referrals to the program; however, the court shall have the final decision. (6) Upon a judge sentencing a person to be supervised under this chapter by an organization under contract with a governmental entity and governed by this chapter, the department of correction or another state agency shall not penalize, financially or otherwise, the organization for providing such service. (f) Nothing in this section shall prevent a court from permitting an eligible defendant to participate in a community-based alternative to incarceration as a condition of probation in conjunction with a suspended sentence, split confinement or periodic confinement as provided in chapter 35 of this title. Amended by 2023 Tenn. Acts, ch. 483, s 2, eff. 6/30/2023. Amended by 2021 Tenn. Acts, ch. 409, s 11, eff. 7/1/2021. Acts 1985 (1st Ex. Sess.), ch. 3, § 6; 1993, ch. 221, § 2; 1996, ch. 675, § 38; 1998, ch. 1049, § 48; 2005, ch. 353, § 17.
(a) (1) An offender who meets all of the following minimum criteria shall be considered eligible for punishment in the community under this chapter: (A) Persons who, without this option, would be incarcerated in a correctional institution; (B) Persons who are convicted of property-related or drug- or alcohol-related felony offenses or other felony offenses not involving crimes against the person as provided in title 39, chapter 13, parts 1-5; (C) Persons who are convicted of nonviolent felony offenses; (D) Persons who are convicted of felony offenses in which the use or possession of a weapon was not involved; (E) Persons who do not demonstrate a present or past pattern of behavior indicating violence; (F) Persons who do not demonstrate a pattern of committing violent offenses; (G) Persons who have not been convicted of a sexual offense under title 39, chapter 13, part 5; (H) Persons who do not meet the definition of a sexual offender or violent sexual offender under § 40-39-202 ; and (I) Persons who are not required to serve a sentence of community supervision for life under § 39-13-524 . (2) Persons who are sentenced to incarceration or are on escape at the time of consideration will not be eligible for punishment in the community.
(1) An offender who meets all of the following minimum criteria shall be considered eligible for punishment in the community under this chapter: (A) Persons who, without this option, would be incarcerated in a correctional institution; (B) Persons who are convicted of property-related or drug- or alcohol-related felony offenses or other felony offenses not involving crimes against the person as provided in title 39, chapter 13, parts 1-5; (C) Persons who are convicted of nonviolent felony offenses; (D) Persons who are convicted of felony offenses in which the use or possession of a weapon was not involved; (E) Persons who do not demonstrate a present or past pattern of behavior indicating violence; (F) Persons who do not demonstrate a pattern of committing violent offenses; (G) Persons who have not been convicted of a sexual offense under title 39, chapter 13, part 5; (H) Persons who do not meet the definition of a sexual offender or violent sexual offender under § 40-39-202 ; and (I) Persons who are not required to serve a sentence of community supervision for life under § 39-13-524 .
(A) Persons who, without this option, would be incarcerated in a correctional institution;
(B) Persons who are convicted of property-related or drug- or alcohol-related felony offenses or other felony offenses not involving crimes against the person as provided in title 39, chapter 13, parts 1-5;
(C) Persons who are convicted of nonviolent felony offenses;
(D) Persons who are convicted of felony offenses in which the use or possession of a weapon was not involved;
(E) Persons who do not demonstrate a present or past pattern of behavior indicating violence;
(F) Persons who do not demonstrate a pattern of committing violent offenses;
(G) Persons who have not been convicted of a sexual offense under title 39, chapter 13, part 5;
(H) Persons who do not meet the definition of a sexual offender or violent sexual offender under § 40-39-202 ; and
(I) Persons who are not required to serve a sentence of community supervision for life under § 39-13-524 .
(2) Persons who are sentenced to incarceration or are on escape at the time of consideration will not be eligible for punishment in the community.
(b) Offenders shall not be excluded from the program on the basis of prior convictions for nonviolent felony offenses, but may, at the discretion of the court and local community corrections advisory board, be excluded on the basis of prior convictions for felony offenses that would not meet the eligibility criteria provided in subsection (a).
(c) Felony offenders not otherwise eligible under subsection (a), and who would be usually considered unfit for probation due to histories of chronic alcohol or drug abuse or mental health problems, but whose special needs are treatable and could be served best in the community rather than in a correctional institution, may be considered eligible for punishment in the community under this chapter.
(d) The eligibility criteria established in this section shall be interpreted as minimum state standards, guiding the determination of eligibility of offenders under this chapter.
(e) (1) Notwithstanding any law to the contrary, the court is authorized to sentence an eligible defendant as defined in this section to any appropriate community-based alternative to incarceration provided in accordance with the terms of this chapter, and under the additional terms and conditions as the court may prescribe, in lieu of incarceration in a state penal institution or local jail or workhouse. (2) In sentencing an eligible defendant to any community-based alternative to incarceration, the court shall possess the power to set the duration of the sentence for the offense committed at any period of time up to the maximum sentence within the appropriate sentence range and shall retain the authority to alter or amend at any time the length, terms or conditions of the sentence imposed. (3) (A) The court also has the power to terminate an offender from the program and to place the offender on supervised or unsupervised probation upon a showing that the offender did abide by the conditions imposed on the original sentence and that the offender's placement on probation presents no substantial risk to public safety. This authority of the court extends to offenders not originally eligible for probation after service of at least one (1) year. (B) Failure to comply with the terms of probation subjects the offender to revocation proceedings conducted by the court pursuant to § 40-35-311 . If incarcerated, the offender receives credit only for actual time served in the community-based alternative program. (4) The court shall also possess the power to revoke the sentence imposed at any time due to the conduct of the defendant or the termination or modification of the program to which the defendant has been sentenced, and the court may resentence the defendant to any appropriate sentencing alternative, including incarceration, for any period of time up to the maximum sentence provided for the offense committed, less any time actually served in any community-based alternative to incarceration. The resentencing shall be conducted in compliance with § 40-35-210 . (5) The district attorney general, victim, defense attorney and probation and parole officer should be consulted regarding potential referrals to the program; however, the court shall have the final decision. (6) Upon a judge sentencing a person to be supervised under this chapter by an organization under contract with a governmental entity and governed by this chapter, the department of correction or another state agency shall not penalize, financially or otherwise, the organization for providing such service.
(1) Notwithstanding any law to the contrary, the court is authorized to sentence an eligible defendant as defined in this section to any appropriate community-based alternative to incarceration provided in accordance with the terms of this chapter, and under the additional terms and conditions as the court may prescribe, in lieu of incarceration in a state penal institution or local jail or workhouse.
(2) In sentencing an eligible defendant to any community-based alternative to incarceration, the court shall possess the power to set the duration of the sentence for the offense committed at any period of time up to the maximum sentence within the appropriate sentence range and shall retain the authority to alter or amend at any time the length, terms or conditions of the sentence imposed.
(3) (A) The court also has the power to terminate an offender from the program and to place the offender on supervised or unsupervised probation upon a showing that the offender did abide by the conditions imposed on the original sentence and that the offender's placement on probation presents no substantial risk to public safety. This authority of the court extends to offenders not originally eligible for probation after service of at least one (1) year. (B) Failure to comply with the terms of probation subjects the offender to revocation proceedings conducted by the court pursuant to § 40-35-311 . If incarcerated, the offender receives credit only for actual time served in the community-based alternative program.
(A) The court also has the power to terminate an offender from the program and to place the offender on supervised or unsupervised probation upon a showing that the offender did abide by the conditions imposed on the original sentence and that the offender's placement on probation presents no substantial risk to public safety. This authority of the court extends to offenders not originally eligible for probation after service of at least one (1) year.
(B) Failure to comply with the terms of probation subjects the offender to revocation proceedings conducted by the court pursuant to § 40-35-311 . If incarcerated, the offender receives credit only for actual time served in the community-based alternative program.
(4) The court shall also possess the power to revoke the sentence imposed at any time due to the conduct of the defendant or the termination or modification of the program to which the defendant has been sentenced, and the court may resentence the defendant to any appropriate sentencing alternative, including incarceration, for any period of time up to the maximum sentence provided for the offense committed, less any time actually served in any community-based alternative to incarceration. The resentencing shall be conducted in compliance with § 40-35-210 .
(5) The district attorney general, victim, defense attorney and probation and parole officer should be consulted regarding potential referrals to the program; however, the court shall have the final decision.
(6) Upon a judge sentencing a person to be supervised under this chapter by an organization under contract with a governmental entity and governed by this chapter, the department of correction or another state agency shall not penalize, financially or otherwise, the organization for providing such service.
(f) Nothing in this section shall prevent a court from permitting an eligible defendant to participate in a community-based alternative to incarceration as a condition of probation in conjunction with a suspended sentence, split confinement or periodic confinement as provided in chapter 35 of this title.
Amended by 2023 Tenn. Acts, ch. 483, s 2, eff. 6/30/2023.
Amended by 2021 Tenn. Acts, ch. 409, s 11, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 6; 1993, ch. 221, § 2; 1996, ch. 675, § 38; 1998, ch. 1049, § 48; 2005, ch. 353, § 17.
Tenn. Code Ann. § 40-22-106 — TN Code / Title 40 / Chapter 22 / Section 40-22-106
Execution of sentence in absence of parole or pardon
Status: in_force

In case the governor does not act by pardoning the prisoner, or the board of parole by paroling the prisoner, by the first day of the next term of court, then it is the duty of the judge to put into execution the sentence and judgment of the court, by delivering, or causing to be delivered, the prisoner to the proper authorities for the execution of the sentence. Acts 1915, ch. 135, § 3; Shan., § 7230a14; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11834; Acts 1979, ch. 359, § 29; T.C.A. (orig. ed.), § 40-3006; Acts 1998, ch. 1049, § 20.
In case the governor does not act by pardoning the prisoner, or the board of parole by paroling the prisoner, by the first day of the next term of court, then it is the duty of the judge to put into execution the sentence and judgment of the court, by delivering, or causing to be delivered, the prisoner to the proper authorities for the execution of the sentence.
Acts 1915, ch. 135, § 3; Shan., § 7230a14; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11834; Acts 1979, ch. 359, § 29; T.C.A. (orig. ed.), § 40-3006; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-34-103 — TN Code / Title 40 / Chapter 34 / Section 40-34-103
Sentence agreements - Notice to officials and victims
Status: in_force

(a) Any prisoner sentenced to a period of imprisonment under supervision of the department of correction and who is otherwise eligible to participate in the contract sentencing program may enter into an agreement with the department and the board of parole for a sentence agreement. The department and the board may establish objectives or programs for each eligible prisoner who wishes to enter into an agreement under the contract sentencing program. (b) The sentence agreement may include the promise of the prisoner to complete certain enumerated objectives, or certain programs offered for prisoners by the department, in return for: (1) The promise of the board to parole the prisoner on a definite, specified named date or a specific date in relation to the release eligibility date of the eligible prisoner; and (2) The promise of the department to provide the means by which the prisoner may have access to the programs and services necessary for the prisoner to fulfill the prisoner's part of the agreement. (c) Notwithstanding any other law to the contrary, if an inmate has served a minimum of ten (10) consecutive years in continuous confinement in correctional facilities and has entered into a sentencing agreement, there shall be no statutory restriction on the minimum amount of time that the inmate must serve before being paroled pursuant to the terms of the sentencing agreement. No offender who has been convicted as an habitual offender or has been convicted of a crime against the person, no offender who has been convicted of first degree murder, and no offender who has been convicted of a sexual offense as contained in §§ 39-13-501 - 39-13-506, 39-13-507 [repealed], 39-13-101 and 39-12-101 shall be eligible to participate in the contract sentencing program authorized by this subsection (c). (d) No agreement entered into under this chapter shall be legally binding or enforceable by any of the parties to the agreement. (e) The commissioner shall notify the district attorney general who prosecuted the case, or the district attorney general's successor, the trial judge in whose court the conviction occurred, or the trial judge's successor, and the victim or the victim's next of kin prior to the execution of a sentencing agreement under subsection (c). Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., § 40-4203; Acts 1985 (1st Ex. Sess.), ch. 5, § 23; 1988, ch. 879, §§ 1, 2; 1989, ch. 227, § 52; 1996, ch. 675, § 37; 1998, ch. 1049, § 42.
(a) Any prisoner sentenced to a period of imprisonment under supervision of the department of correction and who is otherwise eligible to participate in the contract sentencing program may enter into an agreement with the department and the board of parole for a sentence agreement. The department and the board may establish objectives or programs for each eligible prisoner who wishes to enter into an agreement under the contract sentencing program.
(b) The sentence agreement may include the promise of the prisoner to complete certain enumerated objectives, or certain programs offered for prisoners by the department, in return for: (1) The promise of the board to parole the prisoner on a definite, specified named date or a specific date in relation to the release eligibility date of the eligible prisoner; and (2) The promise of the department to provide the means by which the prisoner may have access to the programs and services necessary for the prisoner to fulfill the prisoner's part of the agreement.
(1) The promise of the board to parole the prisoner on a definite, specified named date or a specific date in relation to the release eligibility date of the eligible prisoner; and
(2) The promise of the department to provide the means by which the prisoner may have access to the programs and services necessary for the prisoner to fulfill the prisoner's part of the agreement.
(c) Notwithstanding any other law to the contrary, if an inmate has served a minimum of ten (10) consecutive years in continuous confinement in correctional facilities and has entered into a sentencing agreement, there shall be no statutory restriction on the minimum amount of time that the inmate must serve before being paroled pursuant to the terms of the sentencing agreement. No offender who has been convicted as an habitual offender or has been convicted of a crime against the person, no offender who has been convicted of first degree murder, and no offender who has been convicted of a sexual offense as contained in §§ 39-13-501 - 39-13-506, 39-13-507 [repealed], 39-13-101 and 39-12-101 shall be eligible to participate in the contract sentencing program authorized by this subsection (c).
(d) No agreement entered into under this chapter shall be legally binding or enforceable by any of the parties to the agreement.
(e) The commissioner shall notify the district attorney general who prosecuted the case, or the district attorney general's successor, the trial judge in whose court the conviction occurred, or the trial judge's successor, and the victim or the victim's next of kin prior to the execution of a sentencing agreement under subsection (c).
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., § 40-4203; Acts 1985 (1st Ex. Sess.), ch. 5, § 23; 1988, ch. 879, §§ 1, 2; 1989, ch. 227, § 52; 1996, ch. 675, § 37; 1998, ch. 1049, § 42.
Tenn. Code Ann. § 40-14-304 — TN Code / Title 40 / Chapter 14 / Section 40-14-304
Auxiliary reporters
Status: in_force

Each judge, with the approval of the administrative director, may designate auxiliary reporters who may serve when there is more reporting work than can be performed promptly by the regularly designated reporters or when the regularly designated reporters are unable to attend court. The auxiliary reporters shall be paid on a per diem basis under scales to be fixed by the administrative director. Acts 1965, ch. 221, § 4; T.C.A., § 40-2032; Acts 1993, ch. 66, § 58.
Each judge, with the approval of the administrative director, may designate auxiliary reporters who may serve when there is more reporting work than can be performed promptly by the regularly designated reporters or when the regularly designated reporters are unable to attend court. The auxiliary reporters shall be paid on a per diem basis under scales to be fixed by the administrative director.
Acts 1965, ch. 221, § 4; T.C.A., § 40-2032; Acts 1993, ch. 66, § 58.
Tenn. Code Ann. § 40-22-110 — TN Code / Title 40 / Chapter 22 / Section 40-22-110
Maximum term of parole - Power to pardon unaffected
Status: in_force

Where the prisoner is granted a parole by the board of parole, the parole shall not be in length of time beyond the minimum penalty of the prisoner, and shall not affect the power of the governor to pardon the prisoner. Acts 1915, ch. 135, § 3; Shan., § 7230a13; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11833; Acts 1979, ch. 359, § 32; T.C.A. (orig. ed.), § 40-3010; Acts 1998, ch. 1049, § 20.
Where the prisoner is granted a parole by the board of parole, the parole shall not be in length of time beyond the minimum penalty of the prisoner, and shall not affect the power of the governor to pardon the prisoner.
Acts 1915, ch. 135, § 3; Shan., § 7230a13; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11833; Acts 1979, ch. 359, § 32; T.C.A. (orig. ed.), § 40-3010; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-7-125 — TN Code / Title 40 / Chapter 7 / Section 40-7-125
Verification of citizenship status of arrestees
Status: in_force

(a) When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference. (b) As used in this section, except as provided in subsection (c), a person is "not lawfully present within the United States" if: (1) The person cannot provide: (A) A social security card or number that can be verified with the social security administration in accordance with federal law; (B) A valid Tennessee driver license or photo identification license issued by the department of safety; (C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (D) An F-1 or M-1 student visa, issued by the United States department of state; (E) A J-1 visa, issued by the United States department of state; (F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (G) A valid, unexpired United States passport; (H) A certificate of citizenship (form N560 or N561); (I) A certificate of naturalization (form N550, N570, or N578); (J) A B-2 visa, issued by the United States department of state; or (K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or (2) The individual has been granted parole under 8 U.S.C. § 1182(d)(5) , temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion. (c) If an individual cannot produce the documentation listed in subdivision (b)(1), then a law enforcement officer or jailer may presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual. (d) The requirements of this section are in addition to the requirements in § 40-7-123 . Added by 2024 Tenn. Acts, ch. 1008,s 1, eff. 7/1/2024.
(a) When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference.
(b) As used in this section, except as provided in subsection (c), a person is "not lawfully present within the United States" if: (1) The person cannot provide: (A) A social security card or number that can be verified with the social security administration in accordance with federal law; (B) A valid Tennessee driver license or photo identification license issued by the department of safety; (C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (D) An F-1 or M-1 student visa, issued by the United States department of state; (E) A J-1 visa, issued by the United States department of state; (F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (G) A valid, unexpired United States passport; (H) A certificate of citizenship (form N560 or N561); (I) A certificate of naturalization (form N550, N570, or N578); (J) A B-2 visa, issued by the United States department of state; or (K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or (2) The individual has been granted parole under 8 U.S.C. § 1182(d)(5) , temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion.
(1) The person cannot provide: (A) A social security card or number that can be verified with the social security administration in accordance with federal law; (B) A valid Tennessee driver license or photo identification license issued by the department of safety; (C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (D) An F-1 or M-1 student visa, issued by the United States department of state; (E) A J-1 visa, issued by the United States department of state; (F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (G) A valid, unexpired United States passport; (H) A certificate of citizenship (form N560 or N561); (I) A certificate of naturalization (form N550, N570, or N578); (J) A B-2 visa, issued by the United States department of state; or (K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or
(A) A social security card or number that can be verified with the social security administration in accordance with federal law;
(B) A valid Tennessee driver license or photo identification license issued by the department of safety;
(C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services;
(D) An F-1 or M-1 student visa, issued by the United States department of state;
(E) A J-1 visa, issued by the United States department of state;
(F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate;
(G) A valid, unexpired United States passport;
(H) A certificate of citizenship (form N560 or N561);
(I) A certificate of naturalization (form N550, N570, or N578);
(J) A B-2 visa, issued by the United States department of state; or
(K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or
(2) The individual has been granted parole under 8 U.S.C. § 1182(d)(5) , temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion.
(c) If an individual cannot produce the documentation listed in subdivision (b)(1), then a law enforcement officer or jailer may presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual.
(d) The requirements of this section are in addition to the requirements in § 40-7-123 .
Added by 2024 Tenn. Acts, ch. 1008,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 40-11-204 — TN Code / Title 40 / Chapter 11 / Section 40-11-204
Relief on forfeited recognizances
Status: in_force

(a) (1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress. (2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases. (b) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less. Code 1858, §§ 5182, 5183 (deriv. Acts 1788, ch. 32, § 2); Acts 1915, ch. 29, § 1; Shan., §§ 7146, 7147; Code 1932, §§ 11695, 11696; Acts 1974, ch. 599, § 1; T.C.A. (orig. ed.), § 40-1304; Acts 1987, ch. 423, § 5; 1993, ch. 96, § 1; 1995, ch. 456, § 7; 1997, ch. 386, § 1.
(a) (1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress. (2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
(1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress.
(2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
(b) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less.
Code 1858, §§ 5182, 5183 (deriv. Acts 1788, ch. 32, § 2); Acts 1915, ch. 29, § 1; Shan., §§ 7146, 7147; Code 1932, §§ 11695, 11696; Acts 1974, ch. 599, § 1; T.C.A. (orig. ed.), § 40-1304; Acts 1987, ch. 423, § 5; 1993, ch. 96, § 1; 1995, ch. 456, § 7; 1997, ch. 386, § 1.
Tenn. Code Ann. § 40-11-143 — TN Code / Title 40 / Chapter 11 / Section 40-11-143
Change in bail or conditions of release
Status: in_force

A motion for a change in bail or other conditions of release shall be by written motion, served upon opposing counsel or upon the defendant personally if the defendant is not represented by counsel, within a time reasonable under the circumstances before the hearing on the motion. In granting or denying a motion for a change in bail or other conditions of release, the court shall set forth in writing the reasons for its action. Acts 1978, ch. 506, § 44; T.C.A., § 40-1243.
A motion for a change in bail or other conditions of release shall be by written motion, served upon opposing counsel or upon the defendant personally if the defendant is not represented by counsel, within a time reasonable under the circumstances before the hearing on the motion. In granting or denying a motion for a change in bail or other conditions of release, the court shall set forth in writing the reasons for its action.
Acts 1978, ch. 506, § 44; T.C.A., § 40-1243.
Tenn. Code Ann. § 40-29-202 — TN Code / Title 40 / Chapter 29 / Section 40-29-202
Application for voter registration card
Status: in_force

(a) A person rendered infamous and deprived of the right of suffrage by the judgment of any state or federal court is eligible to apply for a voter registration card and have the right of suffrage restored upon: (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage; (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or (3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to § 40-28-105 , or any equivalent discharge by another state, the federal government, or county correction authority. (b) Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person: (1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and (2) Beginning September 1, 2010, notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person has paid all court costs assessed against the person at the conclusion of the person's trial, except where the court has made a finding at an evidentiary hearing that the applicant is indigent at the time of application. (c) Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person is current in all child support obligations. Acts 2006, ch. 860, § 1; 2010, ch. 1115, § 1.
(a) A person rendered infamous and deprived of the right of suffrage by the judgment of any state or federal court is eligible to apply for a voter registration card and have the right of suffrage restored upon: (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage; (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or (3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to § 40-28-105 , or any equivalent discharge by another state, the federal government, or county correction authority.
(1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage;
(2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or
(3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to § 40-28-105 , or any equivalent discharge by another state, the federal government, or county correction authority.
(b) Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person: (1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and (2) Beginning September 1, 2010, notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person has paid all court costs assessed against the person at the conclusion of the person's trial, except where the court has made a finding at an evidentiary hearing that the applicant is indigent at the time of application.
(1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and
(2) Beginning September 1, 2010, notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person has paid all court costs assessed against the person at the conclusion of the person's trial, except where the court has made a finding at an evidentiary hearing that the applicant is indigent at the time of application.
(c) Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person is current in all child support obligations.
Acts 2006, ch. 860, § 1; 2010, ch. 1115, § 1.
Tenn. Code Ann. § 40-38-111 — TN Code / Title 40 / Chapter 38 / Section 40-38-111
Notifying victim of rights - Definitions - Confidentiality
Status: in_force

(a) Victims, under the Tennessee Constitution, Article I, § 35, have the right to be informed of proceedings and the right to be informed of each of the rights conferred upon the victims. (b) When a victim appears before a judicial commissioner, magistrate or general sessions court clerk or one of the clerk's duly sworn deputies to obtain an arrest warrant, the commissioner, magistrate, general sessions court clerk or the clerk's duly sworn deputy shall notify the victim of the victim's rights under the Tennessee Constitution, Article I, § 35. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (b). (c) If a law enforcement officer obtains an arrest warrant on behalf of a victim, the agency employing the officer shall notify the victim of the victim's rights under the Tennessee Constitution, Article I, § 35 and of the first court date at which the defendant will be required to appear. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (c). (d) At the defendant's initial court appearance, the judge shall inform the victim, if the victim is present, of the victim's rights under the Tennessee Constitution, Article I, § 35. The judge shall also inform the victim that the clerk of the court will have a form on which the rights are listed and a telephone number that the victim can call for further information regarding future proceedings involving the defendant. (e) Following the indictment or presentment being returned by a grand jury against the defendant for a violent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim's rights under the Tennessee Constitution, Article I, § 35, and of the dates of all future trial court proceedings involving the defendant. (f) Following the indictment or presentment being returned by a grand jury against the defendant for a nonviolent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim's rights under the Tennessee Constitution, Article I, § 35 and shall give the victim a telephone number to call for further information regarding future trial court proceedings involving the defendant. (g) As used in this section, "violent crime" means any of the following offenses: (1) Aggravated arson, as defined in § 39-14-302 ; (2) Aggravated assault, as defined in § 39-13-102 which results in serious bodily injury; (3) Aggravated child abuse and neglect, as defined in § 39-15-402 ; (4) Aggravated kidnapping, as defined in § 39-13-304 ; (5) Aggravated rape, as defined in § 39-13-502 ; (6) Aggravated robbery, as defined in § 39-13-402 ; (7) Aggravated sexual battery, as defined in § 39-13-504 ; (8) Aggravated vehicular homicide, as defined in § 39-13-218 ; (9) Carjacking, as defined in § 39-13-404 ; (10) Criminally negligent homicide, as defined in § 39-13-212 ; (11) Especially aggravated burglary, as defined in § 39-13-1004 ; (12) Especially aggravated kidnapping, as defined in § 39-13-305 ; (13) Especially aggravated robbery, as defined in § 39-13-403 ; (14) First degree murder, as defined in § 39-13-202 ; (15) Incest, as defined in § 39-15-302 ; (16) Kidnapping, as defined in § 39-13-303 ; (17) Rape, as defined in § 39-13-503 ; (18) Rape of a child, as defined in § 39-13-522 ; (19) Reckless homicide, as defined in § 39-13-215 ; (20) Second degree murder, as defined in § 39-13-210 ; (21) Sexual battery by an authority figure, as defined in § 39-13-527 ; (22) Sexual battery, as defined in § 39-13-505 ; (23) Stalking, as defined in § 39-17-315 ; (24) Statutory rape, as defined in § 39-13-506 ; (25) Vehicular assault, as defined in § 39-13-106 ; (26) Vehicular homicide, as defined in § 39-13-213 ; or (27) Voluntary manslaughter, as defined in § 39-13-211 . (h) As used in this section, "nonviolent crime" means any crime not defined as a "violent crime" in subsection (g). (i) (1) Any identifying information concerning a crime victim obtained pursuant to this section shall be confidential. (2) For purposes of subdivision (i)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number. Amended by 2021 Tenn. Acts, ch. 545, s 16, eff. 7/1/2021. Acts 2000, ch. 790, § 1; 2004, ch. 547, § 2; 2009 , ch. 176, § 7.
(a) Victims, under the Tennessee Constitution, Article I, § 35, have the right to be informed of proceedings and the right to be informed of each of the rights conferred upon the victims.
(b) When a victim appears before a judicial commissioner, magistrate or general sessions court clerk or one of the clerk's duly sworn deputies to obtain an arrest warrant, the commissioner, magistrate, general sessions court clerk or the clerk's duly sworn deputy shall notify the victim of the victim's rights under the Tennessee Constitution, Article I, § 35. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (b).
(c) If a law enforcement officer obtains an arrest warrant on behalf of a victim, the agency employing the officer shall notify the victim of the victim's rights under the Tennessee Constitution, Article I, § 35 and of the first court date at which the defendant will be required to appear. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (c).
(d) At the defendant's initial court appearance, the judge shall inform the victim, if the victim is present, of the victim's rights under the Tennessee Constitution, Article I, § 35. The judge shall also inform the victim that the clerk of the court will have a form on which the rights are listed and a telephone number that the victim can call for further information regarding future proceedings involving the defendant.
(e) Following the indictment or presentment being returned by a grand jury against the defendant for a violent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim's rights under the Tennessee Constitution, Article I, § 35, and of the dates of all future trial court proceedings involving the defendant.
(f) Following the indictment or presentment being returned by a grand jury against the defendant for a nonviolent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim's rights under the Tennessee Constitution, Article I, § 35 and shall give the victim a telephone number to call for further information regarding future trial court proceedings involving the defendant.
(g) As used in this section, "violent crime" means any of the following offenses: (1) Aggravated arson, as defined in § 39-14-302 ; (2) Aggravated assault, as defined in § 39-13-102 which results in serious bodily injury; (3) Aggravated child abuse and neglect, as defined in § 39-15-402 ; (4) Aggravated kidnapping, as defined in § 39-13-304 ; (5) Aggravated rape, as defined in § 39-13-502 ; (6) Aggravated robbery, as defined in § 39-13-402 ; (7) Aggravated sexual battery, as defined in § 39-13-504 ; (8) Aggravated vehicular homicide, as defined in § 39-13-218 ; (9) Carjacking, as defined in § 39-13-404 ; (10) Criminally negligent homicide, as defined in § 39-13-212 ; (11) Especially aggravated burglary, as defined in § 39-13-1004 ; (12) Especially aggravated kidnapping, as defined in § 39-13-305 ; (13) Especially aggravated robbery, as defined in § 39-13-403 ; (14) First degree murder, as defined in § 39-13-202 ; (15) Incest, as defined in § 39-15-302 ; (16) Kidnapping, as defined in § 39-13-303 ; (17) Rape, as defined in § 39-13-503 ; (18) Rape of a child, as defined in § 39-13-522 ; (19) Reckless homicide, as defined in § 39-13-215 ; (20) Second degree murder, as defined in § 39-13-210 ; (21) Sexual battery by an authority figure, as defined in § 39-13-527 ; (22) Sexual battery, as defined in § 39-13-505 ; (23) Stalking, as defined in § 39-17-315 ; (24) Statutory rape, as defined in § 39-13-506 ; (25) Vehicular assault, as defined in § 39-13-106 ; (26) Vehicular homicide, as defined in § 39-13-213 ; or (27) Voluntary manslaughter, as defined in § 39-13-211 .
(1) Aggravated arson, as defined in § 39-14-302 ;
(2) Aggravated assault, as defined in § 39-13-102 which results in serious bodily injury;
(3) Aggravated child abuse and neglect, as defined in § 39-15-402 ;
(4) Aggravated kidnapping, as defined in § 39-13-304 ;
(5) Aggravated rape, as defined in § 39-13-502 ;
(6) Aggravated robbery, as defined in § 39-13-402 ;
(7) Aggravated sexual battery, as defined in § 39-13-504 ;
(8) Aggravated vehicular homicide, as defined in § 39-13-218 ;
(9) Carjacking, as defined in § 39-13-404 ;
(10) Criminally negligent homicide, as defined in § 39-13-212 ;
(11) Especially aggravated burglary, as defined in § 39-13-1004 ;
(12) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(13) Especially aggravated robbery, as defined in § 39-13-403 ;
(14) First degree murder, as defined in § 39-13-202 ;
(15) Incest, as defined in § 39-15-302 ;
(16) Kidnapping, as defined in § 39-13-303 ;
(17) Rape, as defined in § 39-13-503 ;
(18) Rape of a child, as defined in § 39-13-522 ;
(19) Reckless homicide, as defined in § 39-13-215 ;
(20) Second degree murder, as defined in § 39-13-210 ;
(21) Sexual battery by an authority figure, as defined in § 39-13-527 ;
(22) Sexual battery, as defined in § 39-13-505 ;
(23) Stalking, as defined in § 39-17-315 ;
(24) Statutory rape, as defined in § 39-13-506 ;
(25) Vehicular assault, as defined in § 39-13-106 ;
(26) Vehicular homicide, as defined in § 39-13-213 ; or
(27) Voluntary manslaughter, as defined in § 39-13-211 .
(h) As used in this section, "nonviolent crime" means any crime not defined as a "violent crime" in subsection (g).
(i) (1) Any identifying information concerning a crime victim obtained pursuant to this section shall be confidential. (2) For purposes of subdivision (i)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number.
(1) Any identifying information concerning a crime victim obtained pursuant to this section shall be confidential.
(2) For purposes of subdivision (i)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number.
Amended by 2021 Tenn. Acts, ch. 545, s 16, eff. 7/1/2021.
Acts 2000, ch. 790, § 1; 2004, ch. 547, § 2; 2009 , ch. 176, § 7.
Tenn. Code Ann. § 40-25-131 — TN Code / Title 40 / Chapter 25 / Section 40-25-131
State liability
Status: in_force

(a) The costs that have accrued in any criminal prosecution for offenses punishable with death or by confinement in the penitentiary, in cases accruing under § 40-25-130(1), (3) and (5) , shall be paid by the state. (b) The state shall also pay the accrued costs in all criminal prosecutions for offenses punishable with death or by confinement in the penitentiary where the accused shall have been convicted by trial or by guilty plea. In those cases where the accused receives concurrent sentences, the state shall not be liable to pay the costs in more than three (3) of the prosecutions where concurrent sentences are given. Code 1858, § 5586; Acts 1891 (Ex. Sess.), ch. 22, § 1; Shan., § 7620; Code 1932, § 12248; Acts 1970, ch. 461, § 1; T.C.A. (orig. ed.), § 40-3333.
(a) The costs that have accrued in any criminal prosecution for offenses punishable with death or by confinement in the penitentiary, in cases accruing under § 40-25-130(1), (3) and (5) , shall be paid by the state.
(b) The state shall also pay the accrued costs in all criminal prosecutions for offenses punishable with death or by confinement in the penitentiary where the accused shall have been convicted by trial or by guilty plea. In those cases where the accused receives concurrent sentences, the state shall not be liable to pay the costs in more than three (3) of the prosecutions where concurrent sentences are given.
Code 1858, § 5586; Acts 1891 (Ex. Sess.), ch. 22, § 1; Shan., § 7620; Code 1932, § 12248; Acts 1970, ch. 461, § 1; T.C.A. (orig. ed.), § 40-3333.
Tenn. Code Ann. § 40-10-112 — TN Code / Title 40 / Chapter 10 / Section 40-10-112
Bail of witnesses
Status: in_force

In case of commitment pursuant to § 40-10-111 , the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required. Code 1858, §5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § 40-1127.
In case of commitment pursuant to § 40-10-111 , the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required.
Code 1858, §5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § 40-1127.
Tenn. Code Ann. § 40-30-208 — TN Code / Title 40 / Chapter 30 / Section 40-30-208
Appointment of assistants and other staff - Method of payments
Status: in_force

The post-conviction defender is authorized to appoint, employ, and establish, in the numbers as the post-conviction defender determines, full-time assistant post-conviction defenders, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-308 .
The post-conviction defender is authorized to appoint, employ, and establish, in the numbers as the post-conviction defender determines, full-time assistant post-conviction defenders, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-308 .