Tenn. Code Ann. § 40-35-313 — TN Code / Title 40 / Chapter 35 / Section 40-35-313
Probation - Conditions - Discharge and dismissal - Expunction from official records - Fee
Status: in_force

(a) (1) (A) The court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. The payments shall be made to the clerk of the court in which proceedings against the defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of the defendant, unless the defendant is found to be indigent and without anticipated future funds with which to make the payment. The clerk of the court collecting the payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of the proceeds as provided in this subdivision (a)(1)(A). (B) (i) As used in this subsection (a), "qualified defendant" means a defendant who: (a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought; (b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office; (c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony; (d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and (e) Has not previously been granted judicial diversion under this chapter or pretrial diversion. (ii) As used in subdivision (a)(1)(B)(i) (c) , "sexual offense" means conduct that constitutes: (a) Aggravated prostitution, as described in § 39-13-516 ; (b) Aggravated rape, as described in § 39-13-502 ; (c) Aggravated sexual battery, as described in § 39-13-504 ; (d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ; (e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii); (f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ; (g) Rape, as described in § 39-13-503 ; (h) Rape of a child, as described in § 39-13-522 ; (i) Sexual battery by an authority figure, as described in § 39-13-527 ; (j) Sexual exploitation of a minor, as described in § 39-17-1003 ; (k) Statutory rape by an authority figure, as described in § 39-13-532 ; (l) Incest, as described in § 39-15-302 ; (m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ; (n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or (o) Continuous sexual abuse of a child, as described in § 39-13-518 . (iii) (a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days. (2) The provisions of this subsection (a) relative to the payment of a supervision fee shall not apply to any person subject to chapter 28, part 2 of this title. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this subsection (a) is without court adjudication of guilt, but a nonpublic record of the discharge and dismissal is retained by the court solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, the person qualifies under this subsection (a) or for the limited purposes provided in subsections (b) and (c). The discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose, except as provided in subsections (b) and (c). Discharge and dismissal under this subsection (a) may occur only once with respect to any person. (3) (A) No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that the defendant does not have a prior felony or Class A misdemeanor conviction. No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court if the defendant was charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 on or after July 1, 2004, and prior to July 1, 2018, or charged with a violation of § 39-15-507 on or after January 1, 2019, or § 39-15-510 on or after July 1, 2019, unless the order contains a provision that the defendant agrees without contest or any further notice or hearing that the defendant's name shall be permanently placed on the registry governed by § 68-11-1003 a copy of which shall be forwarded to the department of health. (B) The certificate provided by the bureau pursuant to subdivision (a)(3)(A) is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified from deferral and probation under this section by virtue of a prior felony or Class A misdemeanor conviction. The certificate is not a certification that the defendant is eligible for the deferral and probation, and it shall continue to be the duty of the district attorney general, and judge to make sufficient inquiry into the defendant's background to determine eligibility. (b) Upon the dismissal of the person and discharge of the proceedings against the person under subsection (a), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the court under subsection (a) and the public records that are defined in § 40-32-101(b) , all recordation relating to the person's arrest, indictment or information, trial, finding of guilty and dismissal and discharge pursuant to this section; provided, that no records of a person who is dismissed from probation and whose proceedings are discharged pursuant to this section shall be expunged if the offense for which deferral and probation was granted was a sexual offense as defined by § 40-39-202 . Each application shall contain a notation by the clerk evidencing that all court costs are paid in full, prior to the entry of an order of expunction. If the court determines, after hearing, that the person was dismissed and the proceedings against the person discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. No person as to whom the order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge the arrest, or indictment or information, or trial in response to any inquiry made of the person for any purpose, except when the person who has been availed of the privileges of expunction then assumes the role of plaintiff in a civil action based upon the same transaction or occurrence as the expunged criminal record. In that limited situation, notwithstanding this section or § 40-32-101(a)(3)-(c)(3) to the contrary, the nonpublic records are admissible for the following purposes: (1) A plea of guilty is admissible into evidence in the civil trial as a judicial admission; and (2) A verdict of guilty by a judge or jury is admissible into evidence in the civil trial as either a public record or is admissible to impeach the truthfulness of the plaintiff. In addition, the nonpublic records retained by the court, as provided in subsection (a), shall constitute the official record of conviction and are subject to the subpoena power of the courts of civil jurisdiction. (c) Notwithstanding this section or § 40-32-101(a)(3)-(c)(3) to the contrary, a plea of guilty or a verdict of guilty by a judge or jury for a criminal felony offense involving an act of terrorism or any other felony offense involving violence, coercion, dishonesty or the disruption of the operations of a state or local government is admissible into evidence in a civil action for the purpose of impeaching the truthfulness, veracity or credibility of a witness if the plea or verdict occurred within ten (10) years of the date the evidence is sought to be admitted and the witness is a party to the civil action. The plea or verdict is admissible for the purposes set out in this subsection (c) notwithstanding the fact that the public records of the plea or verdict have been expunged pursuant to this section either prior to or after the commencement of the civil action at which the plea or verdict is sought to be admitted. In addition, the nonpublic records retained by the court, Tennessee bureau of investigation or a local law enforcement agency shall constitute official records of plea or verdict and are subject to the subpoena power of the courts of civil jurisdiction. (d) (1) Any court dismissing charges against a person and ordering the expunction of a person's public records following the discharge of proceedings pursuant to this section after October 1, 1998, shall send or cause to be sent a copy of the dismissal and expunction order to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, that the court shall not be required to send to the bureau a copy of any dismissal and expunction order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order shall contain the name of the person seeking dismissal and expunction, the person's date of birth and social security number, the offense that was dismissed and the date the dismissal and expunction order is entered. (2) [Deleted by 2019 amendment.] Amended by 2020 Tenn. Acts, ch. 741, s 1, eff. 6/22/2020. Amended by 2020 Tenn. Acts, ch. 607, s 1, eff. 3/20/2020. Amended by 2019 Tenn. Acts, ch. 474, s 14, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 474, s 15, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 200, s 4, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1050, s 8, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 1050, s 9, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 951, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 466, s 4, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1026, s 1, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 993, s 15, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 125, Secs.s 1, s 4 eff. 7/1/2015. Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 25, 26; 1995, ch. 349, § 1; 1996, ch. 997, § 1; 1997 , ch. 455, § 2; 1997 , ch. 456, § 2; 1998, ch. 1099, §§ 8 - 10; 2000, ch. 645, § 2; 2000, ch. 813, § 7; 2002, ch. 849, §§ 14 - 16; 2003 , ch. 323, § 2; 2004, ch. 780, § 9; 2006, ch. 973, § 3; 2007 , ch. 528, § 2; 2007 , ch. 536, § 1; 2011 , ch. 484, § 2; 2012 , ch. 766, § 2; 2012, ch. 1041, § 4.
(a) (1) (A) The court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. The payments shall be made to the clerk of the court in which proceedings against the defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of the defendant, unless the defendant is found to be indigent and without anticipated future funds with which to make the payment. The clerk of the court collecting the payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of the proceeds as provided in this subdivision (a)(1)(A). (B) (i) As used in this subsection (a), "qualified defendant" means a defendant who: (a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought; (b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office; (c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony; (d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and (e) Has not previously been granted judicial diversion under this chapter or pretrial diversion. (ii) As used in subdivision (a)(1)(B)(i) (c) , "sexual offense" means conduct that constitutes: (a) Aggravated prostitution, as described in § 39-13-516 ; (b) Aggravated rape, as described in § 39-13-502 ; (c) Aggravated sexual battery, as described in § 39-13-504 ; (d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ; (e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii); (f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ; (g) Rape, as described in § 39-13-503 ; (h) Rape of a child, as described in § 39-13-522 ; (i) Sexual battery by an authority figure, as described in § 39-13-527 ; (j) Sexual exploitation of a minor, as described in § 39-17-1003 ; (k) Statutory rape by an authority figure, as described in § 39-13-532 ; (l) Incest, as described in § 39-15-302 ; (m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ; (n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or (o) Continuous sexual abuse of a child, as described in § 39-13-518 . (iii) (a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days. (2) The provisions of this subsection (a) relative to the payment of a supervision fee shall not apply to any person subject to chapter 28, part 2 of this title. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this subsection (a) is without court adjudication of guilt, but a nonpublic record of the discharge and dismissal is retained by the court solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, the person qualifies under this subsection (a) or for the limited purposes provided in subsections (b) and (c). The discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose, except as provided in subsections (b) and (c). Discharge and dismissal under this subsection (a) may occur only once with respect to any person. (3) (A) No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that the defendant does not have a prior felony or Class A misdemeanor conviction. No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court if the defendant was charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 on or after July 1, 2004, and prior to July 1, 2018, or charged with a violation of § 39-15-507 on or after January 1, 2019, or § 39-15-510 on or after July 1, 2019, unless the order contains a provision that the defendant agrees without contest or any further notice or hearing that the defendant's name shall be permanently placed on the registry governed by § 68-11-1003 a copy of which shall be forwarded to the department of health. (B) The certificate provided by the bureau pursuant to subdivision (a)(3)(A) is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified from deferral and probation under this section by virtue of a prior felony or Class A misdemeanor conviction. The certificate is not a certification that the defendant is eligible for the deferral and probation, and it shall continue to be the duty of the district attorney general, and judge to make sufficient inquiry into the defendant's background to determine eligibility.
(1) (A) The court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. The payments shall be made to the clerk of the court in which proceedings against the defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of the defendant, unless the defendant is found to be indigent and without anticipated future funds with which to make the payment. The clerk of the court collecting the payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of the proceeds as provided in this subdivision (a)(1)(A). (B) (i) As used in this subsection (a), "qualified defendant" means a defendant who: (a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought; (b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office; (c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony; (d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and (e) Has not previously been granted judicial diversion under this chapter or pretrial diversion. (ii) As used in subdivision (a)(1)(B)(i) (c) , "sexual offense" means conduct that constitutes: (a) Aggravated prostitution, as described in § 39-13-516 ; (b) Aggravated rape, as described in § 39-13-502 ; (c) Aggravated sexual battery, as described in § 39-13-504 ; (d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ; (e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii); (f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ; (g) Rape, as described in § 39-13-503 ; (h) Rape of a child, as described in § 39-13-522 ; (i) Sexual battery by an authority figure, as described in § 39-13-527 ; (j) Sexual exploitation of a minor, as described in § 39-17-1003 ; (k) Statutory rape by an authority figure, as described in § 39-13-532 ; (l) Incest, as described in § 39-15-302 ; (m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ; (n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or (o) Continuous sexual abuse of a child, as described in § 39-13-518 . (iii) (a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days.
(A) The court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. The payments shall be made to the clerk of the court in which proceedings against the defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of the defendant, unless the defendant is found to be indigent and without anticipated future funds with which to make the payment. The clerk of the court collecting the payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of the proceeds as provided in this subdivision (a)(1)(A).
(B) (i) As used in this subsection (a), "qualified defendant" means a defendant who: (a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought; (b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office; (c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony; (d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and (e) Has not previously been granted judicial diversion under this chapter or pretrial diversion. (ii) As used in subdivision (a)(1)(B)(i) (c) , "sexual offense" means conduct that constitutes: (a) Aggravated prostitution, as described in § 39-13-516 ; (b) Aggravated rape, as described in § 39-13-502 ; (c) Aggravated sexual battery, as described in § 39-13-504 ; (d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ; (e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii); (f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ; (g) Rape, as described in § 39-13-503 ; (h) Rape of a child, as described in § 39-13-522 ; (i) Sexual battery by an authority figure, as described in § 39-13-527 ; (j) Sexual exploitation of a minor, as described in § 39-17-1003 ; (k) Statutory rape by an authority figure, as described in § 39-13-532 ; (l) Incest, as described in § 39-15-302 ; (m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ; (n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or (o) Continuous sexual abuse of a child, as described in § 39-13-518 . (iii) (a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days.
(i) As used in this subsection (a), "qualified defendant" means a defendant who: (a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought; (b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office; (c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony; (d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and (e) Has not previously been granted judicial diversion under this chapter or pretrial diversion.
(a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;
(b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office;
(c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502 , § 39-15-508 , § 39-15-511 , or § 39-15-512 , driving under the influence of an intoxicant as prohibited by § 55-10-401 , vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106 , or a Class A or B felony;
(d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and
(e) Has not previously been granted judicial diversion under this chapter or pretrial diversion.
(ii) As used in subdivision (a)(1)(B)(i) (c) , "sexual offense" means conduct that constitutes: (a) Aggravated prostitution, as described in § 39-13-516 ; (b) Aggravated rape, as described in § 39-13-502 ; (c) Aggravated sexual battery, as described in § 39-13-504 ; (d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ; (e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii); (f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ; (g) Rape, as described in § 39-13-503 ; (h) Rape of a child, as described in § 39-13-522 ; (i) Sexual battery by an authority figure, as described in § 39-13-527 ; (j) Sexual exploitation of a minor, as described in § 39-17-1003 ; (k) Statutory rape by an authority figure, as described in § 39-13-532 ; (l) Incest, as described in § 39-15-302 ; (m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ; (n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or (o) Continuous sexual abuse of a child, as described in § 39-13-518 .
(a) Aggravated prostitution, as described in § 39-13-516 ;
(b) Aggravated rape, as described in § 39-13-502 ;
(c) Aggravated sexual battery, as described in § 39-13-504 ;
(d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004 ;
(e) Attempt, as described in § 39-12-101 , solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103 , to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii);
(f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005 ;
(g) Rape, as described in § 39-13-503 ;
(h) Rape of a child, as described in § 39-13-522 ;
(i) Sexual battery by an authority figure, as described in § 39-13-527 ;
(j) Sexual exploitation of a minor, as described in § 39-17-1003 ;
(k) Statutory rape by an authority figure, as described in § 39-13-532 ;
(l) Incest, as described in § 39-15-302 ;
(m) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as described in § 39-13-514(b)(3) ;
(n) Promoting the prostitution of a minor, as described in § 39-13-515(c)(1) ; or
(o) Continuous sexual abuse of a child, as described in § 39-13-518 .
(iii) (a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days.
(a) As used in this subsection (a), "reasonable conditions" includes, but is not limited to, the use of a transdermal monitoring device or other alternative monitoring device for all qualified defendants granted deferral pursuant to this section on or after July 1, 2014, if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If the court requires a qualified defendant to use a transdermal monitoring device or other alternative monitoring device on or after July 1, 2016, as a condition of the defendant's release, and the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . "Transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(b) As used in this subsection (a), "reasonable conditions" also includes, but is not limited to, the requirement that a qualified defendant serve a period or periods of confinement in the local jail or workhouse not to exceed a total of thirty (30) days.
(2) The provisions of this subsection (a) relative to the payment of a supervision fee shall not apply to any person subject to chapter 28, part 2 of this title. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this subsection (a) is without court adjudication of guilt, but a nonpublic record of the discharge and dismissal is retained by the court solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, the person qualifies under this subsection (a) or for the limited purposes provided in subsections (b) and (c). The discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose, except as provided in subsections (b) and (c). Discharge and dismissal under this subsection (a) may occur only once with respect to any person.
(3) (A) No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that the defendant does not have a prior felony or Class A misdemeanor conviction. No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court if the defendant was charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 on or after July 1, 2004, and prior to July 1, 2018, or charged with a violation of § 39-15-507 on or after January 1, 2019, or § 39-15-510 on or after July 1, 2019, unless the order contains a provision that the defendant agrees without contest or any further notice or hearing that the defendant's name shall be permanently placed on the registry governed by § 68-11-1003 a copy of which shall be forwarded to the department of health. (B) The certificate provided by the bureau pursuant to subdivision (a)(3)(A) is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified from deferral and probation under this section by virtue of a prior felony or Class A misdemeanor conviction. The certificate is not a certification that the defendant is eligible for the deferral and probation, and it shall continue to be the duty of the district attorney general, and judge to make sufficient inquiry into the defendant's background to determine eligibility.
(A) No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that the defendant does not have a prior felony or Class A misdemeanor conviction. No order deferring further proceedings and placing the defendant on probation as authorized by this subsection (a) may be entered by the court if the defendant was charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 on or after July 1, 2004, and prior to July 1, 2018, or charged with a violation of § 39-15-507 on or after January 1, 2019, or § 39-15-510 on or after July 1, 2019, unless the order contains a provision that the defendant agrees without contest or any further notice or hearing that the defendant's name shall be permanently placed on the registry governed by § 68-11-1003 a copy of which shall be forwarded to the department of health.
(B) The certificate provided by the bureau pursuant to subdivision (a)(3)(A) is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified from deferral and probation under this section by virtue of a prior felony or Class A misdemeanor conviction. The certificate is not a certification that the defendant is eligible for the deferral and probation, and it shall continue to be the duty of the district attorney general, and judge to make sufficient inquiry into the defendant's background to determine eligibility.
(b) Upon the dismissal of the person and discharge of the proceedings against the person under subsection (a), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the court under subsection (a) and the public records that are defined in § 40-32-101(b) , all recordation relating to the person's arrest, indictment or information, trial, finding of guilty and dismissal and discharge pursuant to this section; provided, that no records of a person who is dismissed from probation and whose proceedings are discharged pursuant to this section shall be expunged if the offense for which deferral and probation was granted was a sexual offense as defined by § 40-39-202 . Each application shall contain a notation by the clerk evidencing that all court costs are paid in full, prior to the entry of an order of expunction. If the court determines, after hearing, that the person was dismissed and the proceedings against the person discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. No person as to whom the order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge the arrest, or indictment or information, or trial in response to any inquiry made of the person for any purpose, except when the person who has been availed of the privileges of expunction then assumes the role of plaintiff in a civil action based upon the same transaction or occurrence as the expunged criminal record. In that limited situation, notwithstanding this section or § 40-32-101(a)(3)-(c)(3) to the contrary, the nonpublic records are admissible for the following purposes: (1) A plea of guilty is admissible into evidence in the civil trial as a judicial admission; and (2) A verdict of guilty by a judge or jury is admissible into evidence in the civil trial as either a public record or is admissible to impeach the truthfulness of the plaintiff. In addition, the nonpublic records retained by the court, as provided in subsection (a), shall constitute the official record of conviction and are subject to the subpoena power of the courts of civil jurisdiction.
(1) A plea of guilty is admissible into evidence in the civil trial as a judicial admission; and
(2) A verdict of guilty by a judge or jury is admissible into evidence in the civil trial as either a public record or is admissible to impeach the truthfulness of the plaintiff. In addition, the nonpublic records retained by the court, as provided in subsection (a), shall constitute the official record of conviction and are subject to the subpoena power of the courts of civil jurisdiction.
(c) Notwithstanding this section or § 40-32-101(a)(3)-(c)(3) to the contrary, a plea of guilty or a verdict of guilty by a judge or jury for a criminal felony offense involving an act of terrorism or any other felony offense involving violence, coercion, dishonesty or the disruption of the operations of a state or local government is admissible into evidence in a civil action for the purpose of impeaching the truthfulness, veracity or credibility of a witness if the plea or verdict occurred within ten (10) years of the date the evidence is sought to be admitted and the witness is a party to the civil action. The plea or verdict is admissible for the purposes set out in this subsection (c) notwithstanding the fact that the public records of the plea or verdict have been expunged pursuant to this section either prior to or after the commencement of the civil action at which the plea or verdict is sought to be admitted. In addition, the nonpublic records retained by the court, Tennessee bureau of investigation or a local law enforcement agency shall constitute official records of plea or verdict and are subject to the subpoena power of the courts of civil jurisdiction.
(d) (1) Any court dismissing charges against a person and ordering the expunction of a person's public records following the discharge of proceedings pursuant to this section after October 1, 1998, shall send or cause to be sent a copy of the dismissal and expunction order to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, that the court shall not be required to send to the bureau a copy of any dismissal and expunction order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order shall contain the name of the person seeking dismissal and expunction, the person's date of birth and social security number, the offense that was dismissed and the date the dismissal and expunction order is entered. (2) [Deleted by 2019 amendment.]
(1) Any court dismissing charges against a person and ordering the expunction of a person's public records following the discharge of proceedings pursuant to this section after October 1, 1998, shall send or cause to be sent a copy of the dismissal and expunction order to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, that the court shall not be required to send to the bureau a copy of any dismissal and expunction order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order shall contain the name of the person seeking dismissal and expunction, the person's date of birth and social security number, the offense that was dismissed and the date the dismissal and expunction order is entered.
(2) [Deleted by 2019 amendment.]
Amended by 2020 Tenn. Acts, ch. 741, s 1, eff. 6/22/2020.
Amended by 2020 Tenn. Acts, ch. 607, s 1, eff. 3/20/2020.
Amended by 2019 Tenn. Acts, ch. 474, s 14, eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 474, s 15, eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 200, s 4, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1050, s 8, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 1050, s 9, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 951, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 466, s 4, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1026, s 1, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 993, s 15, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 125, Secs.s 1, s 4 eff. 7/1/2015.
Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 25, 26; 1995, ch. 349, § 1; 1996, ch. 997, § 1; 1997 , ch. 455, § 2; 1997 , ch. 456, § 2; 1998, ch. 1099, §§ 8 - 10; 2000, ch. 645, § 2; 2000, ch. 813, § 7; 2002, ch. 849, §§ 14 - 16; 2003 , ch. 323, § 2; 2004, ch. 780, § 9; 2006, ch. 973, § 3; 2007 , ch. 528, § 2; 2007 , ch. 536, § 1; 2011 , ch. 484, § 2; 2012 , ch. 766, § 2; 2012, ch. 1041, § 4.
Tenn. Code Ann. § 40-35-315 — TN Code / Title 40 / Chapter 35 / Section 40-35-315
Jurisdiction of sentencing court to order work release
Status: in_force

(a) In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212 , and the administrative authority of the institution has not formulated a program for work release, the sentencing court shall have jurisdiction to order work release as a part of a sentence, either at the time of sentencing or as a part of any subsequent sentence modification, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served. (b) (1) Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202 . (2) As used in subdivision (b)(1), "work release" includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility. Acts 1989, ch. 591, § 6; 1990, ch. 980, § 27; 2008, ch. 901, § 1.
(a) In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212 , and the administrative authority of the institution has not formulated a program for work release, the sentencing court shall have jurisdiction to order work release as a part of a sentence, either at the time of sentencing or as a part of any subsequent sentence modification, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served.
(b) (1) Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202 . (2) As used in subdivision (b)(1), "work release" includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.
(1) Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202 .
(2) As used in subdivision (b)(1), "work release" includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 27; 2008, ch. 901, § 1.
Tenn. Code Ann. § 40-35-201 — TN Code / Title 40 / Chapter 35 / Section 40-35-201
Issue of guilt and sentence to be tried separately - Instructing jury on possible sentences
Status: in_force

(a) In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in this chapter shall be construed to deprive a defendant of a right to a jury trial as to the defendant's guilt or innocence pursuant to Rule 23 of the Tennessee Rules of Criminal Procedure and appropriate provisions of the United States or Tennessee constitutions. (b) In all contested criminal cases, except for capital crimes that are governed by the procedures contained in §§ 39-13-204 and 39-13-205 , and as necessary to comply with the Tennessee Constitution, article VI, § 14 and § 40-35-301 , the judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on possible penalties for the offense charged nor all lesser included offenses. (c) "Plea of guilty" or "guilty plea," as used in this chapter, includes the plea of nolo contendere as provided in Rule 11 of the Tennessee Rules of Criminal Procedure. Acts 1989, ch. 591, § 6; 1994, ch. 847, §§ 1, 2; 1998, ch. 1041, § 1.
(a) In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in this chapter shall be construed to deprive a defendant of a right to a jury trial as to the defendant's guilt or innocence pursuant to Rule 23 of the Tennessee Rules of Criminal Procedure and appropriate provisions of the United States or Tennessee constitutions.
(b) In all contested criminal cases, except for capital crimes that are governed by the procedures contained in §§ 39-13-204 and 39-13-205 , and as necessary to comply with the Tennessee Constitution, article VI, § 14 and § 40-35-301 , the judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on possible penalties for the offense charged nor all lesser included offenses.
(c) "Plea of guilty" or "guilty plea," as used in this chapter, includes the plea of nolo contendere as provided in Rule 11 of the Tennessee Rules of Criminal Procedure.
Acts 1989, ch. 591, § 6; 1994, ch. 847, §§ 1, 2; 1998, ch. 1041, § 1.
Tenn. Code Ann. § 40-35-323 — TN Code / Title 40 / Chapter 35 / Section 40-35-323
Grants to fund reentry programs - Grant proposals
Status: in_force

(a) The department of correction shall make four (4) grants in the amount of two hundred fifty thousand dollars ($250,000) each to local county sheriff or probation departments to fund reentry programs that reduce recidivism and probation revocations. The department shall set the guidelines for the request for grant proposals. Priority shall be given to grant proposals that include one (1) or more of the following characteristics: (1) Programs that seek a targeted reduction in recidivism or probation revocations; (2) Programs that identify potential participants by use of a validated risk assessment tool designed for its intended use and target the most intensive supervision and treatment for people at a high risk of reoffending; (3) Programs that use evidence-based rehabilitative services designed to address primarily criminogenic needs; (4) Programs that must be evaluated annually for effectiveness using a nationally recognized assessment, such as the correctional program checklist and correctional program assessment inventory; and (5) Programs that advance interventions that are tailored to fit the learning styles, motivation, and strengths of individual participants. (b) No more than seventy-five percent (75%) of available grant funds shall be provided upfront to the recipient to continue or establish a program that meets the requirements of this section. The remaining amount of grant funds shall be awarded only if the recipient meets clearly measurable outcomes aimed at reducing recidivism or probation revocations as agreed upon between the department and the grant recipient. (c) (1) For county sheriff department recipients, the measureable outcomes shall include a percentage reduction in recidivism among those who are incarcerated in the county jail at the time the grant is awarded. (2) For the purposes of this section, "recidivism" means the percentage of convicted misdemeanants, locally-sentenced felons, or state-sentenced felons, who are incarcerated in a state or local facility within three (3) years of the year in which such persons were released from incarceration from the recipients' facility. (3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded. (d) (1) For county probation department recipients, the measureable outcomes shall include a percentage reduction in probation revocations among those persons under the probation department's supervision at the time the grant is awarded. (2) For purposes of this subsection, "percentage reduction in probation revocations" means the percentage of people on supervised probation in the county who are subsequently admitted to the local jail or state department of correction after revocation of their supervision. (3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded. (e) The monies appropriated to fund this section shall be used to supplement, not supplant, any other state or county appropriation for the recipient. (f) No later than December 31 of each year, the department of correction shall report to the speaker of the house of representatives and speaker of the senate the grants awarded pursuant to this section and the results of the measurable outcomes agreed upon between the department and recipients for the previous fiscal year. The report shall be made available publicly on the department of correction's website. (g) For the purposes of this section, "probation department" does not mean the department of correction probation department or its offices. (h) For the purposes of this section, an eligible program participant is a convicted misdemeanant, locally-sentenced felon, or state-sentenced felon who will be incarcerated for such a period of time that will allow for completion of the program before release from incarceration or expiration of sentence; provided, that the offender must not be transported to serve their sentence in a state prison in the custody of the department of correction after successful completion of the program. Amended by 2019 Tenn. Acts, ch. 249, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 249, s 1, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 1051, s 1, eff. 7/1/2018.
(a) The department of correction shall make four (4) grants in the amount of two hundred fifty thousand dollars ($250,000) each to local county sheriff or probation departments to fund reentry programs that reduce recidivism and probation revocations. The department shall set the guidelines for the request for grant proposals. Priority shall be given to grant proposals that include one (1) or more of the following characteristics: (1) Programs that seek a targeted reduction in recidivism or probation revocations; (2) Programs that identify potential participants by use of a validated risk assessment tool designed for its intended use and target the most intensive supervision and treatment for people at a high risk of reoffending; (3) Programs that use evidence-based rehabilitative services designed to address primarily criminogenic needs; (4) Programs that must be evaluated annually for effectiveness using a nationally recognized assessment, such as the correctional program checklist and correctional program assessment inventory; and (5) Programs that advance interventions that are tailored to fit the learning styles, motivation, and strengths of individual participants.
(1) Programs that seek a targeted reduction in recidivism or probation revocations;
(2) Programs that identify potential participants by use of a validated risk assessment tool designed for its intended use and target the most intensive supervision and treatment for people at a high risk of reoffending;
(3) Programs that use evidence-based rehabilitative services designed to address primarily criminogenic needs;
(4) Programs that must be evaluated annually for effectiveness using a nationally recognized assessment, such as the correctional program checklist and correctional program assessment inventory; and
(5) Programs that advance interventions that are tailored to fit the learning styles, motivation, and strengths of individual participants.
(b) No more than seventy-five percent (75%) of available grant funds shall be provided upfront to the recipient to continue or establish a program that meets the requirements of this section. The remaining amount of grant funds shall be awarded only if the recipient meets clearly measurable outcomes aimed at reducing recidivism or probation revocations as agreed upon between the department and the grant recipient.
(c) (1) For county sheriff department recipients, the measureable outcomes shall include a percentage reduction in recidivism among those who are incarcerated in the county jail at the time the grant is awarded. (2) For the purposes of this section, "recidivism" means the percentage of convicted misdemeanants, locally-sentenced felons, or state-sentenced felons, who are incarcerated in a state or local facility within three (3) years of the year in which such persons were released from incarceration from the recipients' facility. (3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.
(1) For county sheriff department recipients, the measureable outcomes shall include a percentage reduction in recidivism among those who are incarcerated in the county jail at the time the grant is awarded.
(2) For the purposes of this section, "recidivism" means the percentage of convicted misdemeanants, locally-sentenced felons, or state-sentenced felons, who are incarcerated in a state or local facility within three (3) years of the year in which such persons were released from incarceration from the recipients' facility.
(3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.
(d) (1) For county probation department recipients, the measureable outcomes shall include a percentage reduction in probation revocations among those persons under the probation department's supervision at the time the grant is awarded. (2) For purposes of this subsection, "percentage reduction in probation revocations" means the percentage of people on supervised probation in the county who are subsequently admitted to the local jail or state department of correction after revocation of their supervision. (3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.
(1) For county probation department recipients, the measureable outcomes shall include a percentage reduction in probation revocations among those persons under the probation department's supervision at the time the grant is awarded.
(2) For purposes of this subsection, "percentage reduction in probation revocations" means the percentage of people on supervised probation in the county who are subsequently admitted to the local jail or state department of correction after revocation of their supervision.
(3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.
(e) The monies appropriated to fund this section shall be used to supplement, not supplant, any other state or county appropriation for the recipient.
(f) No later than December 31 of each year, the department of correction shall report to the speaker of the house of representatives and speaker of the senate the grants awarded pursuant to this section and the results of the measurable outcomes agreed upon between the department and recipients for the previous fiscal year. The report shall be made available publicly on the department of correction's website.
(g) For the purposes of this section, "probation department" does not mean the department of correction probation department or its offices.
(h) For the purposes of this section, an eligible program participant is a convicted misdemeanant, locally-sentenced felon, or state-sentenced felon who will be incarcerated for such a period of time that will allow for completion of the program before release from incarceration or expiration of sentence; provided, that the offender must not be transported to serve their sentence in a state prison in the custody of the department of correction after successful completion of the program.
Amended by 2019 Tenn. Acts, ch. 249, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 249, s 1, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 1051, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 40-15-105 — TN Code / Title 40 / Chapter 15 / Section 40-15-105
Memorandum of understanding - Suspended prosecution
Status: in_force

(a) (1) (A) A qualified defendant may, by a memorandum of understanding with the prosecution, agree that the prosecution will be suspended for a specified period, not to exceed two (2) years from the filing of the memorandum of understanding. As a condition of this suspension, the qualified defendant shall agree to pay ten dollars ($10.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payments shall be made to the agency, department, program, group or association responsible for the supervision of defendant. (B) For purposes of this section, "qualified defendant" means a defendant who meets each of the following requirements: (i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313 ; (ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and (iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ; (g) Domestic assault as prohibited by § 39-13-111 ; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office. (C) Notwithstanding the provisions of subdivision (a)(1)(A) to the contrary, in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the defendant shall pay a fee of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month, as determined by the court. (2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following conditions during the period in which the prosecution is suspended: (A) That the defendant not commit any offense; (B) That the defendant not engage in specified activities, conduct and associations bearing a relationship to the conduct upon which the charge against the defendant is based; (C) That the defendant participate in a supervised rehabilitation program which may include treatment, counseling, training and education; (D) That in the proper case the defendant make restitution in a specified manner for harm or loss caused by the offense, if restitution is within the defendant's capabilities; (E) That the defendant pay court costs in a specified manner; (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay; (G) That the defendant reside in a designated place including, but not limited to, a residential facility for persons participating in a particular program of rehabilitation if residence there is necessary in order to participate fully in the program; (H) That the defendant behave in any specified manner consistent with good citizenship or other terms and conditions as may be agreed upon by the parties; and (I) (i) That for any memorandum entered into on or after July 1, 2014, the defendant use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the district attorney general, the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If a memorandum entered into on or after July 1, 2016, requires the use of a transdermal monitoring device or other alternative monitoring device, before approving the memorandum, the judge shall determine if the defendant is indigent. If the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (ii) As used in this subdivision (a)(2)(I), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (3) The memorandum of understanding may include stipulations concerning the admissibility in evidence of specified testimony, evidence or depositions if the suspension of the prosecution is terminated and there is a trial on the charge. The memorandum of understanding shall also include a statement of the defendant's version of the facts of the alleged offenses. The defendant's statement of the facts relative to the charged offenses shall not be admissible as substantive evidence in any civil or criminal proceeding against the defendant who made the statement. However, evidence of the statement is admissible as impeachment evidence against the defendant who made the statement in any criminal proceeding resulting from the termination of the memorandum of understanding pursuant to subsection (d). No other confession or admission of the defendant obtained during the pendency of and relative to the charges contained in the memorandum of understanding shall be admissible in evidence for any purpose, other than cross-examination of the defendant. The memorandum of understanding shall be in writing signed by the parties and shall state that the defendant waives the right to a speedy trial, and the right to be indicted at any particular term of court and after July 1, 2004, if the individual is charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 , the memorandum of understanding or diversion order contains a provision that the individual agrees without contest or any further notice or hearing that the individual's name shall be permanently placed on the registry governed by § 68-11-1003 , a copy of which shall be forwarded to the department of health. This filing shall toll any applicable statute of limitations during the pendency of the diversionary period. (4) The pretrial diversion procedures are authorized and a memorandum of understanding may be permitted in the municipal courts of home rule municipalities where the defendant is charged with a misdemeanor and does not have a previous misdemeanor or felony conviction within the five-year period after completing the sentence or probationary program for the prior conviction. The procedures in those municipal courts shall be subject to the same terms and conditions, including those related to expenses and costs, as set forth in this subsection (a), and any expenses and costs paid by the defendants shall be paid to the clerk of the municipal court in which the proceedings were held. (b) (1) Promptly after the memorandum of understanding is made, the prosecuting attorney shall file it with the court, together with a notice stating that pursuant to the memorandum of understanding of the parties under this section and §§ 40-15-102 - 40-15-104, the prosecution is suspended for a period specified in the notice. Upon this filing, if the defendant is in custody, the defendant may be released on bond or on the defendant's promise to appear if the suspension of prosecution is terminated and there is a trial on the charge. The memorandum of understanding must be approved by the trial court before it is of any force and effect. (2) The trial court shall approve the memorandum of understanding unless the: (A) Prosecution has acted arbitrarily and capriciously; (B) Memorandum of understanding was obtained by fraud; (C) Diversion of the case is unlawful; or (D) Certificate from the Tennessee bureau of investigation required by § 40-15-106 is not attached. (3) The defendant shall have a right to petition for a writ of certiorari to the trial court for an abuse of prosecutorial discretion. If the trial court finds that the prosecuting attorney has committed an abuse of discretion in failing to divert, the trial court may order the prosecuting attorney to place the defendant in a diversion status on the terms and conditions as the trial court may order. A defendant's diversion under such terms and circumstances may be terminated as provided by subsection (d) and shall be subject to all other provisions of this section. (c) The parties by mutual consent may modify the terms of the memorandum of understanding at any time before its termination. Nothing in this section shall prohibit a behavioral contract or agreement setting out behavior or goals expected of and to be achieved by the defendant made between a counselor and defendant, but that agreement need not be filed with the court. (d) The memorandum of understanding shall be terminated and the prosecution may resume as if there had been no memorandum of understanding if either the defendant or prosecuting attorney files a notice that the memorandum of understanding is terminated. If the memorandum of understanding is terminated by the prosecution, the defendant may petition the court to review the action of the prosecution to determine whether the prosecution acted arbitrarily, capriciously or abused its discretion to terminate. If the court so finds, it may order the defendant reinstated under the defendant's memorandum of understanding or order the pending charges dismissed with or without jeopardy attaching. (e) The trial court shall dismiss with prejudice any warrant or charge against the defendant upon the expiration of ninety (90) days after the expiration of the period of suspension specified in the memorandum of understanding is filed; provided, that no termination of the memorandum of understanding has been filed under subsection (d). If the prosecution is dismissed with prejudice, jeopardy shall attach and the court shall make a minute entry to that effect. Upon dismissing any warrant or charge against the defendant pursuant to this section, the judge shall send or cause to be sent a copy of the order of dismissal to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, that the court shall not be required to send to the bureau a copy of any dismissal order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order of dismissal shall include the name of the defendant, the defendant's date of birth and social security number, the offense for which diversion was granted, the date diversion was granted and the date the charge or warrant was dismissed. Amended by 2017 Tenn. Acts, ch. 93, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 993, s 12, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 586, s 1, eff. 7/1/2016. Acts 1975, ch. 352, § 4; 1976, ch. 643, §§ 1-4; 1979, ch. 376, §§ 1-3; 1980, ch. 746, §§ 1-4; 1981, ch. 439, §§ 1-3; T.C.A. § 40-2108; Acts 1983, ch. 193, §§ 1-3; 1984, ch. 576, §1; 1990, ch. 980, § 20; 1993, ch. 281, § 1; 1995, ch. 508, §1; 1997 , ch. 456, § 1; 1998, ch. 1099, §§ 1 - 5; 2000, ch. 645, § 1; 2000, ch. 813, §§2 - 6; 2003 , ch. 323, § 1; 2004, ch. 780, §8; 2007 , ch. 471, §§1-3; 2011 , ch. 484, §1; 2012 , ch. 766, § 1; 2014, ch. 567, § 1.
(a) (1) (A) A qualified defendant may, by a memorandum of understanding with the prosecution, agree that the prosecution will be suspended for a specified period, not to exceed two (2) years from the filing of the memorandum of understanding. As a condition of this suspension, the qualified defendant shall agree to pay ten dollars ($10.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payments shall be made to the agency, department, program, group or association responsible for the supervision of defendant. (B) For purposes of this section, "qualified defendant" means a defendant who meets each of the following requirements: (i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313 ; (ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and (iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ; (g) Domestic assault as prohibited by § 39-13-111 ; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office. (C) Notwithstanding the provisions of subdivision (a)(1)(A) to the contrary, in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the defendant shall pay a fee of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month, as determined by the court. (2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following conditions during the period in which the prosecution is suspended: (A) That the defendant not commit any offense; (B) That the defendant not engage in specified activities, conduct and associations bearing a relationship to the conduct upon which the charge against the defendant is based; (C) That the defendant participate in a supervised rehabilitation program which may include treatment, counseling, training and education; (D) That in the proper case the defendant make restitution in a specified manner for harm or loss caused by the offense, if restitution is within the defendant's capabilities; (E) That the defendant pay court costs in a specified manner; (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay; (G) That the defendant reside in a designated place including, but not limited to, a residential facility for persons participating in a particular program of rehabilitation if residence there is necessary in order to participate fully in the program; (H) That the defendant behave in any specified manner consistent with good citizenship or other terms and conditions as may be agreed upon by the parties; and (I) (i) That for any memorandum entered into on or after July 1, 2014, the defendant use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the district attorney general, the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If a memorandum entered into on or after July 1, 2016, requires the use of a transdermal monitoring device or other alternative monitoring device, before approving the memorandum, the judge shall determine if the defendant is indigent. If the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (ii) As used in this subdivision (a)(2)(I), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. (3) The memorandum of understanding may include stipulations concerning the admissibility in evidence of specified testimony, evidence or depositions if the suspension of the prosecution is terminated and there is a trial on the charge. The memorandum of understanding shall also include a statement of the defendant's version of the facts of the alleged offenses. The defendant's statement of the facts relative to the charged offenses shall not be admissible as substantive evidence in any civil or criminal proceeding against the defendant who made the statement. However, evidence of the statement is admissible as impeachment evidence against the defendant who made the statement in any criminal proceeding resulting from the termination of the memorandum of understanding pursuant to subsection (d). No other confession or admission of the defendant obtained during the pendency of and relative to the charges contained in the memorandum of understanding shall be admissible in evidence for any purpose, other than cross-examination of the defendant. The memorandum of understanding shall be in writing signed by the parties and shall state that the defendant waives the right to a speedy trial, and the right to be indicted at any particular term of court and after July 1, 2004, if the individual is charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 , the memorandum of understanding or diversion order contains a provision that the individual agrees without contest or any further notice or hearing that the individual's name shall be permanently placed on the registry governed by § 68-11-1003 , a copy of which shall be forwarded to the department of health. This filing shall toll any applicable statute of limitations during the pendency of the diversionary period. (4) The pretrial diversion procedures are authorized and a memorandum of understanding may be permitted in the municipal courts of home rule municipalities where the defendant is charged with a misdemeanor and does not have a previous misdemeanor or felony conviction within the five-year period after completing the sentence or probationary program for the prior conviction. The procedures in those municipal courts shall be subject to the same terms and conditions, including those related to expenses and costs, as set forth in this subsection (a), and any expenses and costs paid by the defendants shall be paid to the clerk of the municipal court in which the proceedings were held.
(1) (A) A qualified defendant may, by a memorandum of understanding with the prosecution, agree that the prosecution will be suspended for a specified period, not to exceed two (2) years from the filing of the memorandum of understanding. As a condition of this suspension, the qualified defendant shall agree to pay ten dollars ($10.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payments shall be made to the agency, department, program, group or association responsible for the supervision of defendant. (B) For purposes of this section, "qualified defendant" means a defendant who meets each of the following requirements: (i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313 ; (ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and (iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ; (g) Domestic assault as prohibited by § 39-13-111 ; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office. (C) Notwithstanding the provisions of subdivision (a)(1)(A) to the contrary, in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the defendant shall pay a fee of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month, as determined by the court.
(A) A qualified defendant may, by a memorandum of understanding with the prosecution, agree that the prosecution will be suspended for a specified period, not to exceed two (2) years from the filing of the memorandum of understanding. As a condition of this suspension, the qualified defendant shall agree to pay ten dollars ($10.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payments shall be made to the agency, department, program, group or association responsible for the supervision of defendant.
(B) For purposes of this section, "qualified defendant" means a defendant who meets each of the following requirements: (i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313 ; (ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and (iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ; (g) Domestic assault as prohibited by § 39-13-111 ; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office.
(i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313 ;
(ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and
(iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ; (g) Domestic assault as prohibited by § 39-13-111 ; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office.
(a) Driving under the influence of an intoxicant as prohibited by § 55-10-401 ;
(b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5;
(c) Conspiracy, under § 39-12-103 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5;
(d) Criminal attempt, under § 39-12-101 , to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5;
(e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5;
(f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401 ;
(g) Domestic assault as prohibited by § 39-13-111 ; or
(h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office.
(C) Notwithstanding the provisions of subdivision (a)(1)(A) to the contrary, in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the defendant shall pay a fee of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month, as determined by the court.
(2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following conditions during the period in which the prosecution is suspended: (A) That the defendant not commit any offense; (B) That the defendant not engage in specified activities, conduct and associations bearing a relationship to the conduct upon which the charge against the defendant is based; (C) That the defendant participate in a supervised rehabilitation program which may include treatment, counseling, training and education; (D) That in the proper case the defendant make restitution in a specified manner for harm or loss caused by the offense, if restitution is within the defendant's capabilities; (E) That the defendant pay court costs in a specified manner; (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay; (G) That the defendant reside in a designated place including, but not limited to, a residential facility for persons participating in a particular program of rehabilitation if residence there is necessary in order to participate fully in the program; (H) That the defendant behave in any specified manner consistent with good citizenship or other terms and conditions as may be agreed upon by the parties; and (I) (i) That for any memorandum entered into on or after July 1, 2014, the defendant use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the district attorney general, the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If a memorandum entered into on or after July 1, 2016, requires the use of a transdermal monitoring device or other alternative monitoring device, before approving the memorandum, the judge shall determine if the defendant is indigent. If the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (ii) As used in this subdivision (a)(2)(I), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(A) That the defendant not commit any offense;
(B) That the defendant not engage in specified activities, conduct and associations bearing a relationship to the conduct upon which the charge against the defendant is based;
(C) That the defendant participate in a supervised rehabilitation program which may include treatment, counseling, training and education;
(D) That in the proper case the defendant make restitution in a specified manner for harm or loss caused by the offense, if restitution is within the defendant's capabilities;
(E) That the defendant pay court costs in a specified manner;
(F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay;
(G) That the defendant reside in a designated place including, but not limited to, a residential facility for persons participating in a particular program of rehabilitation if residence there is necessary in order to participate fully in the program;
(H) That the defendant behave in any specified manner consistent with good citizenship or other terms and conditions as may be agreed upon by the parties; and
(I) (i) That for any memorandum entered into on or after July 1, 2014, the defendant use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the district attorney general, the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If a memorandum entered into on or after July 1, 2016, requires the use of a transdermal monitoring device or other alternative monitoring device, before approving the memorandum, the judge shall determine if the defendant is indigent. If the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (ii) As used in this subdivision (a)(2)(I), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(i) That for any memorandum entered into on or after July 1, 2014, the defendant use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the district attorney general, the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct. If a memorandum entered into on or after July 1, 2016, requires the use of a transdermal monitoring device or other alternative monitoring device, before approving the memorandum, the judge shall determine if the defendant is indigent. If the court determines the defendant is indigent, the court shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ;
(ii) As used in this subdivision (a)(2)(I), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
(3) The memorandum of understanding may include stipulations concerning the admissibility in evidence of specified testimony, evidence or depositions if the suspension of the prosecution is terminated and there is a trial on the charge. The memorandum of understanding shall also include a statement of the defendant's version of the facts of the alleged offenses. The defendant's statement of the facts relative to the charged offenses shall not be admissible as substantive evidence in any civil or criminal proceeding against the defendant who made the statement. However, evidence of the statement is admissible as impeachment evidence against the defendant who made the statement in any criminal proceeding resulting from the termination of the memorandum of understanding pursuant to subsection (d). No other confession or admission of the defendant obtained during the pendency of and relative to the charges contained in the memorandum of understanding shall be admissible in evidence for any purpose, other than cross-examination of the defendant. The memorandum of understanding shall be in writing signed by the parties and shall state that the defendant waives the right to a speedy trial, and the right to be indicted at any particular term of court and after July 1, 2004, if the individual is charged with a violation of a criminal statute the elements of which constitute abuse, neglect or misappropriation of the property of a vulnerable person as defined in § 68-11-1002 , the memorandum of understanding or diversion order contains a provision that the individual agrees without contest or any further notice or hearing that the individual's name shall be permanently placed on the registry governed by § 68-11-1003 , a copy of which shall be forwarded to the department of health. This filing shall toll any applicable statute of limitations during the pendency of the diversionary period.
(4) The pretrial diversion procedures are authorized and a memorandum of understanding may be permitted in the municipal courts of home rule municipalities where the defendant is charged with a misdemeanor and does not have a previous misdemeanor or felony conviction within the five-year period after completing the sentence or probationary program for the prior conviction. The procedures in those municipal courts shall be subject to the same terms and conditions, including those related to expenses and costs, as set forth in this subsection (a), and any expenses and costs paid by the defendants shall be paid to the clerk of the municipal court in which the proceedings were held.
(b) (1) Promptly after the memorandum of understanding is made, the prosecuting attorney shall file it with the court, together with a notice stating that pursuant to the memorandum of understanding of the parties under this section and §§ 40-15-102 - 40-15-104, the prosecution is suspended for a period specified in the notice. Upon this filing, if the defendant is in custody, the defendant may be released on bond or on the defendant's promise to appear if the suspension of prosecution is terminated and there is a trial on the charge. The memorandum of understanding must be approved by the trial court before it is of any force and effect. (2) The trial court shall approve the memorandum of understanding unless the: (A) Prosecution has acted arbitrarily and capriciously; (B) Memorandum of understanding was obtained by fraud; (C) Diversion of the case is unlawful; or (D) Certificate from the Tennessee bureau of investigation required by § 40-15-106 is not attached. (3) The defendant shall have a right to petition for a writ of certiorari to the trial court for an abuse of prosecutorial discretion. If the trial court finds that the prosecuting attorney has committed an abuse of discretion in failing to divert, the trial court may order the prosecuting attorney to place the defendant in a diversion status on the terms and conditions as the trial court may order. A defendant's diversion under such terms and circumstances may be terminated as provided by subsection (d) and shall be subject to all other provisions of this section.
(1) Promptly after the memorandum of understanding is made, the prosecuting attorney shall file it with the court, together with a notice stating that pursuant to the memorandum of understanding of the parties under this section and §§ 40-15-102 - 40-15-104, the prosecution is suspended for a period specified in the notice. Upon this filing, if the defendant is in custody, the defendant may be released on bond or on the defendant's promise to appear if the suspension of prosecution is terminated and there is a trial on the charge. The memorandum of understanding must be approved by the trial court before it is of any force and effect.
(2) The trial court shall approve the memorandum of understanding unless the: (A) Prosecution has acted arbitrarily and capriciously; (B) Memorandum of understanding was obtained by fraud; (C) Diversion of the case is unlawful; or (D) Certificate from the Tennessee bureau of investigation required by § 40-15-106 is not attached.
(A) Prosecution has acted arbitrarily and capriciously;
(B) Memorandum of understanding was obtained by fraud;
(C) Diversion of the case is unlawful; or
(D) Certificate from the Tennessee bureau of investigation required by § 40-15-106 is not attached.
(3) The defendant shall have a right to petition for a writ of certiorari to the trial court for an abuse of prosecutorial discretion. If the trial court finds that the prosecuting attorney has committed an abuse of discretion in failing to divert, the trial court may order the prosecuting attorney to place the defendant in a diversion status on the terms and conditions as the trial court may order. A defendant's diversion under such terms and circumstances may be terminated as provided by subsection (d) and shall be subject to all other provisions of this section.
(c) The parties by mutual consent may modify the terms of the memorandum of understanding at any time before its termination. Nothing in this section shall prohibit a behavioral contract or agreement setting out behavior or goals expected of and to be achieved by the defendant made between a counselor and defendant, but that agreement need not be filed with the court.
(d) The memorandum of understanding shall be terminated and the prosecution may resume as if there had been no memorandum of understanding if either the defendant or prosecuting attorney files a notice that the memorandum of understanding is terminated. If the memorandum of understanding is terminated by the prosecution, the defendant may petition the court to review the action of the prosecution to determine whether the prosecution acted arbitrarily, capriciously or abused its discretion to terminate. If the court so finds, it may order the defendant reinstated under the defendant's memorandum of understanding or order the pending charges dismissed with or without jeopardy attaching.
(e) The trial court shall dismiss with prejudice any warrant or charge against the defendant upon the expiration of ninety (90) days after the expiration of the period of suspension specified in the memorandum of understanding is filed; provided, that no termination of the memorandum of understanding has been filed under subsection (d). If the prosecution is dismissed with prejudice, jeopardy shall attach and the court shall make a minute entry to that effect. Upon dismissing any warrant or charge against the defendant pursuant to this section, the judge shall send or cause to be sent a copy of the order of dismissal to the Tennessee bureau of investigation for entry into its expunged criminal offender and pretrial diversion database; provided, however, that the court shall not be required to send to the bureau a copy of any dismissal order dated on or after July 1, 1999, if the charge dismissed is classified as a Class B or C misdemeanor. The order of dismissal shall include the name of the defendant, the defendant's date of birth and social security number, the offense for which diversion was granted, the date diversion was granted and the date the charge or warrant was dismissed.
Amended by 2017 Tenn. Acts, ch. 93, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 993, s 12, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 586, s 1, eff. 7/1/2016.
Acts 1975, ch. 352, § 4; 1976, ch. 643, §§ 1-4; 1979, ch. 376, §§ 1-3; 1980, ch. 746, §§ 1-4; 1981, ch. 439, §§ 1-3; T.C.A. § 40-2108; Acts 1983, ch. 193, §§ 1-3; 1984, ch. 576, §1; 1990, ch. 980, § 20; 1993, ch. 281, § 1; 1995, ch. 508, §1; 1997 , ch. 456, § 1; 1998, ch. 1099, §§ 1 - 5; 2000, ch. 645, § 1; 2000, ch. 813, §§2 - 6; 2003 , ch. 323, § 1; 2004, ch. 780, §8; 2007 , ch. 471, §§1-3; 2011 , ch. 484, §1; 2012 , ch. 766, § 1; 2014, ch. 567, § 1.
Tenn. Code Ann. § 40-6-302 — TN Code / Title 40 / Chapter 6 / Section 40-6-302
Legislative purpose
Status: in_force

(a) In order to protect the privacy of wire, oral, and electronic communications, to protect the integrity of court and administrative proceedings, to define, on a uniform basis, the circumstances under which a district attorney general may apply to a court of competent jurisdiction for the interception and use of wire, oral, and electronic communications, to define the circumstances under which a judge in a court of competent jurisdiction may authorize the interception and use of wire, oral and electronic communications, and to prohibit any unauthorized interception or use of those communications, it is necessary for the general assembly to define the circumstances and conditions under which the interception of wire, oral and electronic communications may be lawful. In defining these circumstances, the general assembly seeks to strike a balance between an individual's right to privacy and society's legitimate concern in being protected from criminal activity. (b) In carrying out illegal activities, criminals often make extensive use of wire, oral and electronic communications. The lawful interception of these communications is an indispensable aid to investigative and law enforcement officials in obtaining evidence of illegal activities. Likewise, it is necessary for the general assembly to safeguard the privacy of innocent persons. Through this part and §§ 39-13-601 - [former] 39-13-603 [repealed], the general assembly seeks to prohibit the unauthorized interception of wire, oral and electronic communications and to prohibit the use of illegally obtained wire, oral and electronic communications as evidence in courts and administrative proceedings. The interception of wire, oral or electronic communications, therefore, when no party to the communications has consented to the interception, should be allowed only under compelling circumstances when authorized and supervised by a court of competent jurisdiction and upon a finding of probable cause. Court authorization and supervision ensures that the interception is made only in narrowly defined circumstances and that the information obtained will not be misused. The privacy rights of Tennessee citizens are further protected by limiting the interception of wire, oral, and electronic communications to certain major types of felonies under this code. Acts 1994, ch. 964, § 1.
(a) In order to protect the privacy of wire, oral, and electronic communications, to protect the integrity of court and administrative proceedings, to define, on a uniform basis, the circumstances under which a district attorney general may apply to a court of competent jurisdiction for the interception and use of wire, oral, and electronic communications, to define the circumstances under which a judge in a court of competent jurisdiction may authorize the interception and use of wire, oral and electronic communications, and to prohibit any unauthorized interception or use of those communications, it is necessary for the general assembly to define the circumstances and conditions under which the interception of wire, oral and electronic communications may be lawful. In defining these circumstances, the general assembly seeks to strike a balance between an individual's right to privacy and society's legitimate concern in being protected from criminal activity.
(b) In carrying out illegal activities, criminals often make extensive use of wire, oral and electronic communications. The lawful interception of these communications is an indispensable aid to investigative and law enforcement officials in obtaining evidence of illegal activities. Likewise, it is necessary for the general assembly to safeguard the privacy of innocent persons. Through this part and §§ 39-13-601 - [former] 39-13-603 [repealed], the general assembly seeks to prohibit the unauthorized interception of wire, oral and electronic communications and to prohibit the use of illegally obtained wire, oral and electronic communications as evidence in courts and administrative proceedings. The interception of wire, oral or electronic communications, therefore, when no party to the communications has consented to the interception, should be allowed only under compelling circumstances when authorized and supervised by a court of competent jurisdiction and upon a finding of probable cause. Court authorization and supervision ensures that the interception is made only in narrowly defined circumstances and that the information obtained will not be misused. The privacy rights of Tennessee citizens are further protected by limiting the interception of wire, oral, and electronic communications to certain major types of felonies under this code.
Acts 1994, ch. 964, § 1.
Tenn. Code Ann. § 40-11-140 — TN Code / Title 40 / Chapter 11 / Section 40-11-140
Execution on judgment
Status: in_force

(a) (1) If judgment is entered in favor of the state on any bail bond, the district attorney general shall have execution issued on the judgment and delivered immediately to the sheriff to be executed by levy on the cash deposited with the clerk of the court or on the real estate described in the deed of trust. (2) The cash shall be used to satisfy the judgment and costs. (3) The real estate shall be sold in the same manner as in execution sales in civil actions and the proceeds of the sale shall be used to satisfy the judgment, all court costs and prior encumbrances, if any. (4) The balance shall be returned to the grantor of the deed of trust. (b) The real estate so sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. (c) A bond forfeiture shall be collected within the earlier of either five (5) years from the date the defendant failed to appear or the date of last activity in the case, after which time collection from the surety shall be forever barred. Amended by 2015 Tenn. Acts, ch. 517,s 2, eff. 5/20/2015. Acts 1978, ch. 506, § 36; T.C.A., § 40-1240; Acts 2004, ch. 753, § 1.
(a) (1) If judgment is entered in favor of the state on any bail bond, the district attorney general shall have execution issued on the judgment and delivered immediately to the sheriff to be executed by levy on the cash deposited with the clerk of the court or on the real estate described in the deed of trust. (2) The cash shall be used to satisfy the judgment and costs. (3) The real estate shall be sold in the same manner as in execution sales in civil actions and the proceeds of the sale shall be used to satisfy the judgment, all court costs and prior encumbrances, if any. (4) The balance shall be returned to the grantor of the deed of trust.
(1) If judgment is entered in favor of the state on any bail bond, the district attorney general shall have execution issued on the judgment and delivered immediately to the sheriff to be executed by levy on the cash deposited with the clerk of the court or on the real estate described in the deed of trust.
(2) The cash shall be used to satisfy the judgment and costs.
(3) The real estate shall be sold in the same manner as in execution sales in civil actions and the proceeds of the sale shall be used to satisfy the judgment, all court costs and prior encumbrances, if any.
(4) The balance shall be returned to the grantor of the deed of trust.
(b) The real estate so sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions.
(c) A bond forfeiture shall be collected within the earlier of either five (5) years from the date the defendant failed to appear or the date of last activity in the case, after which time collection from the surety shall be forever barred.
Amended by 2015 Tenn. Acts, ch. 517,s 2, eff. 5/20/2015.
Acts 1978, ch. 506, § 36; T.C.A., § 40-1240; Acts 2004, ch. 753, § 1.
Tenn. Code Ann. § 40-35-311 — TN Code / Title 40 / Chapter 35 / Section 40-35-311
Issuance of warrant or summons upon violation of conditions of probation - Probation revocation hearing - Admissibility of laboratory report - Revocation of probation and suspension of sentence - Use of validated risk and needs assessment
Status: in_force

(a) (1) Whenever it comes to the attention of the trial judge that a defendant who has been released upon suspension of sentence has been guilty of a breach of the laws of this state or has violated the conditions of probation, the trial judge shall have the power to cause to be issued under the trial judge's hand: (A) A warrant for the arrest of the defendant as in any other criminal case; or (B) For a technical violation brought by a probation officer, and subject to the discretion of the judge, a criminal summons. (2) Regardless of whether the defendant is on probation for a misdemeanor or felony, or whether the warrant or summons is issued by a general sessions court judge or the judge of a court of record, a probation officer or a peace officer of the county in which the probationer is found may execute the warrant or serve the summons. (b) Whenever a person is arrested or summoned for the violation of probation and suspension of sentence, the trial judge granting the probation and suspension of sentence, the trial judge's successor, or any judge of equal jurisdiction who is requested by the granting trial judge to do so shall, at the earliest practicable time, inquire into the charges and determine whether or not a violation has occurred and, at the inquiry, the defendant must be present and is entitled to be represented by counsel and has the right to introduce testimony in the defendant's behalf. (c) (1) A laboratory report regarding a defendant's drug test may be admissible in probation revocation proceedings, even though the laboratory technician who performed the test is not present to testify, when accompanied by an affidavit containing at least the following information: (A) The identity of the certifying technician; (B) A statement of qualifications from the certifying technician; (C) A specific description of the testing methodology; (D) A statement that the method of testing was the most accurate test for this particular drug; (E) A certification that the test results were reliable and accurate; (F) A declaration that all established procedures and protocols were followed; and (G) A statement of acknowledgment that submission of false information in the affidavit may subject the affiant to prosecution for the criminal offense of perjury pursuant to § 39-16-702 . (2) Notwithstanding subdivision (c)(1), the judge shall, upon seasonable objection and for good cause shown, require that the laboratory technician appear and testify at the probation revocation hearing. (3) If the state intends to introduce a laboratory report and affidavit in lieu of the live testimony of the laboratory technician as authorized by this subsection (c), it shall provide the defendant or the defendant's attorney, if known, with a copy of the report and affidavit at least five (5) days prior to the revocation hearing. (d) (1) The trial judge may enter judgment upon the question of the charges as the trial judge may deem right and proper under the evidence adduced before the trial judge. If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence, then the court may revoke the defendant's probation and suspension of sentence, in full or in part, pursuant to § 40-35-310 . The court may sentence the defendant to a sentence of probation for the remainder of the unexpired term. (2) Notwithstanding subdivision (d)(1), the trial judge shall not revoke a defendant's probation and suspension of sentence for a felony offense, whether temporarily under subdivision (e)(1) or otherwise, based upon one (1) instance of technical violation or violations. (3) [Deleted by 2022 amendment.] (e) (1) If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence for a felony offense by engaging in conduct that is a second or subsequent instance of a technical violation pursuant to subdivision (d)(2), then the trial judge may temporarily revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and: (A) Impose a term of incarceration not to exceed: (i) Fifteen (15) days for a first revocation; (ii) Thirty (30) days for a second revocation; (iii) Ninety (90) days for a third revocation; or (iv) The remainder of the sentence for a fourth or subsequent revocation; or (B) Resentence the defendant for the remainder of the unexpired term to a sentence of probation that includes the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of probation and suspension is a technical violation and does not involve the commission of a new offense. (2) If the trial judge revokes a defendant's probation and suspension of sentence after finding, by a preponderance of the evidence, that the defendant has committed a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation, then the trial judge may revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and cause the defendant to commence the execution of the judgment as originally entered, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation. (3) If the trial judge revokes a defendant's probation and suspension of sentence, then the defendant has the right to appeal. (4) If a person is serving two (2) or more concurrent probationary sentences and the person's probation is revoked on one (1) probationary sentence, then the person must receive credit for the time served as a result of that probation revocation against any other concurrent probationary sentence that is subsequently revoked in any jurisdiction in this state. (f) The court may consider the results of an offender's validated risk and needs assessment in determining the appropriate disposition of the probation violation charge and may request an updated validated risk and needs assessment be performed. (g) As used in this section, "technical violation" means an act that violates the terms or conditions of probation but does not constitute a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation. Amended by 2022 Tenn. Acts, ch. 1060, Secs.s2, s3, s4, s5, s6, s7, s8 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1060, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 981, Secs.s2, s3, s4 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 981, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 541, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 25, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 24, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 906, s 11, eff. 1/1/2017.
(a) (1) Whenever it comes to the attention of the trial judge that a defendant who has been released upon suspension of sentence has been guilty of a breach of the laws of this state or has violated the conditions of probation, the trial judge shall have the power to cause to be issued under the trial judge's hand: (A) A warrant for the arrest of the defendant as in any other criminal case; or (B) For a technical violation brought by a probation officer, and subject to the discretion of the judge, a criminal summons. (2) Regardless of whether the defendant is on probation for a misdemeanor or felony, or whether the warrant or summons is issued by a general sessions court judge or the judge of a court of record, a probation officer or a peace officer of the county in which the probationer is found may execute the warrant or serve the summons.
(1) Whenever it comes to the attention of the trial judge that a defendant who has been released upon suspension of sentence has been guilty of a breach of the laws of this state or has violated the conditions of probation, the trial judge shall have the power to cause to be issued under the trial judge's hand: (A) A warrant for the arrest of the defendant as in any other criminal case; or (B) For a technical violation brought by a probation officer, and subject to the discretion of the judge, a criminal summons.
(A) A warrant for the arrest of the defendant as in any other criminal case; or
(B) For a technical violation brought by a probation officer, and subject to the discretion of the judge, a criminal summons.
(2) Regardless of whether the defendant is on probation for a misdemeanor or felony, or whether the warrant or summons is issued by a general sessions court judge or the judge of a court of record, a probation officer or a peace officer of the county in which the probationer is found may execute the warrant or serve the summons.
(b) Whenever a person is arrested or summoned for the violation of probation and suspension of sentence, the trial judge granting the probation and suspension of sentence, the trial judge's successor, or any judge of equal jurisdiction who is requested by the granting trial judge to do so shall, at the earliest practicable time, inquire into the charges and determine whether or not a violation has occurred and, at the inquiry, the defendant must be present and is entitled to be represented by counsel and has the right to introduce testimony in the defendant's behalf.
(c) (1) A laboratory report regarding a defendant's drug test may be admissible in probation revocation proceedings, even though the laboratory technician who performed the test is not present to testify, when accompanied by an affidavit containing at least the following information: (A) The identity of the certifying technician; (B) A statement of qualifications from the certifying technician; (C) A specific description of the testing methodology; (D) A statement that the method of testing was the most accurate test for this particular drug; (E) A certification that the test results were reliable and accurate; (F) A declaration that all established procedures and protocols were followed; and (G) A statement of acknowledgment that submission of false information in the affidavit may subject the affiant to prosecution for the criminal offense of perjury pursuant to § 39-16-702 . (2) Notwithstanding subdivision (c)(1), the judge shall, upon seasonable objection and for good cause shown, require that the laboratory technician appear and testify at the probation revocation hearing. (3) If the state intends to introduce a laboratory report and affidavit in lieu of the live testimony of the laboratory technician as authorized by this subsection (c), it shall provide the defendant or the defendant's attorney, if known, with a copy of the report and affidavit at least five (5) days prior to the revocation hearing.
(1) A laboratory report regarding a defendant's drug test may be admissible in probation revocation proceedings, even though the laboratory technician who performed the test is not present to testify, when accompanied by an affidavit containing at least the following information: (A) The identity of the certifying technician; (B) A statement of qualifications from the certifying technician; (C) A specific description of the testing methodology; (D) A statement that the method of testing was the most accurate test for this particular drug; (E) A certification that the test results were reliable and accurate; (F) A declaration that all established procedures and protocols were followed; and (G) A statement of acknowledgment that submission of false information in the affidavit may subject the affiant to prosecution for the criminal offense of perjury pursuant to § 39-16-702 .
(A) The identity of the certifying technician;
(B) A statement of qualifications from the certifying technician;
(C) A specific description of the testing methodology;
(D) A statement that the method of testing was the most accurate test for this particular drug;
(E) A certification that the test results were reliable and accurate;
(F) A declaration that all established procedures and protocols were followed; and
(G) A statement of acknowledgment that submission of false information in the affidavit may subject the affiant to prosecution for the criminal offense of perjury pursuant to § 39-16-702 .
(2) Notwithstanding subdivision (c)(1), the judge shall, upon seasonable objection and for good cause shown, require that the laboratory technician appear and testify at the probation revocation hearing.
(3) If the state intends to introduce a laboratory report and affidavit in lieu of the live testimony of the laboratory technician as authorized by this subsection (c), it shall provide the defendant or the defendant's attorney, if known, with a copy of the report and affidavit at least five (5) days prior to the revocation hearing.
(d) (1) The trial judge may enter judgment upon the question of the charges as the trial judge may deem right and proper under the evidence adduced before the trial judge. If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence, then the court may revoke the defendant's probation and suspension of sentence, in full or in part, pursuant to § 40-35-310 . The court may sentence the defendant to a sentence of probation for the remainder of the unexpired term. (2) Notwithstanding subdivision (d)(1), the trial judge shall not revoke a defendant's probation and suspension of sentence for a felony offense, whether temporarily under subdivision (e)(1) or otherwise, based upon one (1) instance of technical violation or violations. (3) [Deleted by 2022 amendment.]
(1) The trial judge may enter judgment upon the question of the charges as the trial judge may deem right and proper under the evidence adduced before the trial judge. If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence, then the court may revoke the defendant's probation and suspension of sentence, in full or in part, pursuant to § 40-35-310 . The court may sentence the defendant to a sentence of probation for the remainder of the unexpired term.
(2) Notwithstanding subdivision (d)(1), the trial judge shall not revoke a defendant's probation and suspension of sentence for a felony offense, whether temporarily under subdivision (e)(1) or otherwise, based upon one (1) instance of technical violation or violations.
(3) [Deleted by 2022 amendment.]
(e) (1) If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence for a felony offense by engaging in conduct that is a second or subsequent instance of a technical violation pursuant to subdivision (d)(2), then the trial judge may temporarily revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and: (A) Impose a term of incarceration not to exceed: (i) Fifteen (15) days for a first revocation; (ii) Thirty (30) days for a second revocation; (iii) Ninety (90) days for a third revocation; or (iv) The remainder of the sentence for a fourth or subsequent revocation; or (B) Resentence the defendant for the remainder of the unexpired term to a sentence of probation that includes the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of probation and suspension is a technical violation and does not involve the commission of a new offense. (2) If the trial judge revokes a defendant's probation and suspension of sentence after finding, by a preponderance of the evidence, that the defendant has committed a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation, then the trial judge may revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and cause the defendant to commence the execution of the judgment as originally entered, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation. (3) If the trial judge revokes a defendant's probation and suspension of sentence, then the defendant has the right to appeal. (4) If a person is serving two (2) or more concurrent probationary sentences and the person's probation is revoked on one (1) probationary sentence, then the person must receive credit for the time served as a result of that probation revocation against any other concurrent probationary sentence that is subsequently revoked in any jurisdiction in this state.
(1) If the trial judge finds by a preponderance of the evidence that the defendant has violated the conditions of probation and suspension of sentence for a felony offense by engaging in conduct that is a second or subsequent instance of a technical violation pursuant to subdivision (d)(2), then the trial judge may temporarily revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and: (A) Impose a term of incarceration not to exceed: (i) Fifteen (15) days for a first revocation; (ii) Thirty (30) days for a second revocation; (iii) Ninety (90) days for a third revocation; or (iv) The remainder of the sentence for a fourth or subsequent revocation; or (B) Resentence the defendant for the remainder of the unexpired term to a sentence of probation that includes the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of probation and suspension is a technical violation and does not involve the commission of a new offense.
(A) Impose a term of incarceration not to exceed: (i) Fifteen (15) days for a first revocation; (ii) Thirty (30) days for a second revocation; (iii) Ninety (90) days for a third revocation; or (iv) The remainder of the sentence for a fourth or subsequent revocation; or
(i) Fifteen (15) days for a first revocation;
(ii) Thirty (30) days for a second revocation;
(iii) Ninety (90) days for a third revocation; or
(iv) The remainder of the sentence for a fourth or subsequent revocation; or
(B) Resentence the defendant for the remainder of the unexpired term to a sentence of probation that includes the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of probation and suspension is a technical violation and does not involve the commission of a new offense.
(2) If the trial judge revokes a defendant's probation and suspension of sentence after finding, by a preponderance of the evidence, that the defendant has committed a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation, then the trial judge may revoke the probation and suspension of sentence by an order duly entered upon the minutes of the court, and cause the defendant to commence the execution of the judgment as originally entered, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation.
(3) If the trial judge revokes a defendant's probation and suspension of sentence, then the defendant has the right to appeal.
(4) If a person is serving two (2) or more concurrent probationary sentences and the person's probation is revoked on one (1) probationary sentence, then the person must receive credit for the time served as a result of that probation revocation against any other concurrent probationary sentence that is subsequently revoked in any jurisdiction in this state.
(f) The court may consider the results of an offender's validated risk and needs assessment in determining the appropriate disposition of the probation violation charge and may request an updated validated risk and needs assessment be performed.
(g) As used in this section, "technical violation" means an act that violates the terms or conditions of probation but does not constitute a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation.
Amended by 2022 Tenn. Acts, ch. 1060, Secs.s2, s3, s4, s5, s6, s7, s8 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1060, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 981, Secs.s2, s3, s4 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 981, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 541, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 25, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 24, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 906, s 11, eff. 1/1/2017.
Tenn. Code Ann. § 40-39-203 — TN Code / Title 40 / Chapter 39 / Section 40-39-203
Offender registration - Registration forms - Contents
Status: in_force

(a) (1) Within forty-eight (48) hours of establishing or changing a primary or secondary residence, establishing a physical presence at a particular location, becoming employed or practicing a vocation or becoming a student in this state, the offender shall register or report in person, as required by this part. Likewise, within forty-eight (48) hours of release on probation or any alternative to incarceration, excluding parole, the offender shall register or report in person, as required by this part. (2) Regardless of an offender's date of conviction, adjudication or discharge from supervision, an offender whose contact with this state is sufficient to satisfy the requirements of subdivision (a)(1) is required to register in person as required by this part, if the person was required to register as any form of sexual offender, juvenile offender or otherwise, in another jurisdiction prior to the offender's presence in this state. (3) An offender who resides and is registered in this state and who intends to move out of this state shall, within forty-eight (48) hours after moving to another state or within forty-eight (48) hours of becoming reasonably certain of the intention to move to another state, register or report to the offender's designated law enforcement agency the address at which the offender will reside in the new jurisdiction. (4) Within forty-eight (48) hours of a change in any other information given to the registering agency by the offender that is contained on the registration form, the offender must report the change to the registering agency. (5) Within forty-eight (48) hours of being released from probation or parole, an offender must report to the proper law enforcement agency, which shall then become the registering agency and take over registry duties from the department of correction. (6) Within forty-eight (48) hours of a material change in employment or vocation status, the offender shall report the change to the person's registering agency. For purposes of this subdivision (a)(6), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more. (7) Within three (3) days, excluding holidays, of an offender changing the offender's electronic mail address information, any instant message, chat or other internet communication name or identity information that the person uses or intends to use, whether within or without this state, the offender shall report the change to the offender's designated law enforcement agency. (b) (1) An offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours prior to the offender's release, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee. (2) After registering or reporting with the incarcerating facility as provided in subdivision (b)(1), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours after the offender's release from the incarcerating institution, report in person to the offender's registering agency, unless the place of incarceration is also the person's registering agency. (3) Notwithstanding subdivisions (b)(1) and (2), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution and who has not registered pursuant to § 40-39-212(a) or any other law shall, by August 1, 2011, be required to report in person, register, complete and sign a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee. (c) An offender from another state, jurisdiction or country who has established a primary or secondary residence within this state or has established a physical presence at a particular location shall, within forty-eight (48) hours of establishing residency or a physical presence, register or report in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) . (d) (1) An offender from another state, jurisdiction or country who is not a resident of this state shall, within forty-eight (48) hours of employment, commencing practice of a vocation or becoming a student in this state, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , with: (A) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or (B) The law enforcement agency or any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student. (2) Within forty-eight (48) hours of an offender from another state, jurisdiction or country who is not a resident of this state making a material change in the offender's vocational or employment or vocational status within this state, the offender shall report the change to the person's registering agency. For purposes of this subdivision (d)(2), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more. (e) An offender from another state, jurisdiction or country who becomes a resident of this state, pursuant to the Interstate Compact for Supervision of Adult Offenders, compiled in title 40, chapter 28, part 4, shall, within forty-eight (48) hours of entering the state, register or report in person with the board, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , in addition to the requirements of title 40, chapter 28, part 4 and the specialized conditions for sex offenders from the board. (f) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless and are subject to the registration requirements of this part. Offenders who do not maintain either a primary or secondary residence shall be required to report to their registering agency monthly for so long as they do not maintain either a primary or secondary residence. (g) Offenders who were previously required to register or report under former title 40, chapter 39, part 1 [repealed], shall register or report in person with the designated law enforcement agency by August 31, 2005. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from this requirement, as otherwise provided by this part. (h) An offender who indicates to a designated law enforcement agency on the TBI registration form the offender's intent to reside in another state, jurisdiction or country and who then decides to remain in this state shall, within forty-eight (48) hours of the decision to remain in the state, report in person to the designated law enforcement agency and update all information pursuant to subsection (i). (i) TBI registration forms shall require the registrant's signature and disclosure of the following information, under penalty of perjury, pursuant to § 39-16-702(b)(3) : (1) Complete name and all aliases, including, but not limited to, any names that the offender may have had or currently has by reason of marriage or otherwise, including pseudonyms and ethnic or tribal names; (2) Date and place of birth; (3) Social security number; (4) A photocopy of a valid driver license, or if no valid driver license has been issued to the offender, a photocopy of any state or federal government issued identification card; (5) For an offender on supervised release, the name, address and telephone number of the registrant's probation or parole officer or other person responsible for the registrant's supervision; (6) Sexual offenses or violent sexual offenses for which the registrant has been convicted, the date of the offenses and the county and state of each conviction; or the violent juvenile sexual offense for which the registrant has been adjudicated delinquent, the date of the act for which the adjudication was made and the county and state of each adjudication; (7) Name of any current employers and length of employment, including physical addresses and phone numbers; (8) Current physical address and length of residence at that address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address; (9) Mailing address, if different from physical address; (10) Any vehicle, mobile home, trailer or manufactured home used or owned by an offender, including descriptions, vehicle information numbers and license tag numbers; (11) Any vessel, live-aboard vessel or houseboat used by an offender, including the name of the vessel, description and all identifying numbers; (12) Name and address of each institution of higher education in this state where the offender is employed or practices a vocation or is a student; (13) Race and gender; (14) Name, address and phone number of offender's closest living relative; (15) Whether victims of the offender's convictions are minors or adults, the number of victims and the correct age of the victim or victims and of the offender at the time of the offense or offenses, if the ages are known; (16) Verification by the TBI or the offender that the TBI has received the offender's DNA sample; (17) A complete listing of the offender's electronic mail address information, including usernames, any social media accounts the offender uses or intends to use, instant message, other internet communication platforms or devices, and the offender's username, screen name, or other method by which the offender accesses these accounts or websites; (18) Whether any minors reside in the primary or secondary residence; (19) (A) Any other registration, verification and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (B) By January 1, 2007, the TBI shall promulgate and disseminate to all applicable law enforcement agencies, correctional institutions and any other agency that may be called upon to register an offender, rules establishing standardized specifications for the photograph of the offender required by subdivision (i)(19)(A). The rules shall specify that the photograph or digital image submitted for each offender must conform to the following compositional specifications or the entry will not be accepted for use on the registry and the agency will be required to resubmit the photograph: (i) Head Position: (a) The person being photographed must directly face the camera; (b) The head of the person should not be tilted up, down or to the side; and (c) The head of the person should cover about fifty percent (50%) of the area of the photo; (ii) Background: (a) The person being photographed should be in front of a neutral, light-colored background; and (b) Dark or patterned backgrounds are not acceptable; (iii) The photograph must be in focus; (iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and (v) Head Coverings and Hats: (a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and (b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted; (20) Copies of all passports and immigration documents; and (21) Professional licensing information that authorizes an offender to engage in an occupation or carry out a trade or business. (j) (1) Notwithstanding the registration deadlines otherwise established by this section, any person convicted of a sexual offense or violent sexual offense in this state or who has another qualifying conviction as defined in § 40-39-202 , but who is not required to register for the reasons set out in subdivision (j)(2), shall have until August 1, 2007, to register as a sexual offender or violent sexual offender in this state. (2) Subdivision (j)(1) shall apply to offenders: (A) Whose convictions for a sexual offense or violent sexual offense occurred prior to January 1, 1995; (B) Who were not on probation, parole or any other alternative to incarceration for a sexual offense or prior sexual offense on or after January 1, 1995; (C) Who were discharged from probation, parole or any other alternative to incarceration for a sexual offense or violent sexual offense prior to January 1, 1995; or (D) Who were discharged from incarceration without supervision for a sexual offense or violent sexual offense prior to January 1, 1995. (k) No later than the third day after an offender's initial registration, the registration agency shall send by the United States postal service or by electronic means the original signed TBI registration form containing information required by subsection (i) to TBI headquarters in Nashville. (l) The offender's signature on the TBI registration form creates the presumption that the offender has knowledge of the registration, verification and tracking requirements of this part. (m) Registry information regarding all registered offender's electronic mail address information, any instant message, chat or other internet communication name or identity information may be electronically transmitted by the TBI to a business or organization that offers electronic communication or remote computing services for the purpose of prescreening users or for comparison with information held by the requesting business or organization. In order to obtain the information from the TBI, the requesting business or organization that offers electronic communication or remote computing services shall agree to notify the TBI forthwith when a comparison indicates that any such registered sex offender's electronic mail address information, any instant message, chat or other internet communication name or identity information is being used on their system. The requesting business or organization shall also agree that the information will not be further disseminated. (n) If the offender's DNA sample has not already been collected pursuant to § 40-35-321 or any other law and received by the TBI, the offender's DNA sample shall be taken by the registering agency at the time the offender registers or at the offender's next scheduled registration or reporting and sent to the TBI. (o) An offender who registers or reports as required by this section prior to July 1, 2008, shall provide the additional information on the registration form required by this section at the offender's next scheduled registration or reporting date. (p) An offender who is housed in a halfway house or any other facility as an alternative to incarceration where unsupervised contact is permitted outside of the facility is required to register or report with the registering agency as set out in § 40-39-204 in the city or county of the facility in which the offender is housed. The registering agency shall be responsible for the duties set out in § 40-39-205(b) during the time that the offender is housed in the facility. (q) Any court exercising juvenile jurisdiction that adjudicates a juvenile as delinquent for conduct that qualifies such juvenile as a violent juvenile sexual offender shall transmit the information set out in subsection (i) pertaining to such violent juvenile sexual offender to the TBI for inclusion on the SOR within forty-eight (48) hours of the offender's adjudication for the qualifying offenses set out in § 40-39-202(29) . Amended by 2015 Tenn. Acts, ch. 516, Secs.s 3, s 7 eff. 7/1/2015. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 10 - 14; 2007 , ch. 126, § 1; 2007 , ch. 465, §§ 2, 3; 2008 , ch. 979, §§ 1-3; 2008 , ch. 1164, § 3; 2010 , ch. 1138, §§ 6, 7; 2011 , ch. 222, § 1; 2011 , ch. 267, § 1; 2011 , ch. 483, §§ 10-12; 2012 , ch. 727, § 48.
(a) (1) Within forty-eight (48) hours of establishing or changing a primary or secondary residence, establishing a physical presence at a particular location, becoming employed or practicing a vocation or becoming a student in this state, the offender shall register or report in person, as required by this part. Likewise, within forty-eight (48) hours of release on probation or any alternative to incarceration, excluding parole, the offender shall register or report in person, as required by this part. (2) Regardless of an offender's date of conviction, adjudication or discharge from supervision, an offender whose contact with this state is sufficient to satisfy the requirements of subdivision (a)(1) is required to register in person as required by this part, if the person was required to register as any form of sexual offender, juvenile offender or otherwise, in another jurisdiction prior to the offender's presence in this state. (3) An offender who resides and is registered in this state and who intends to move out of this state shall, within forty-eight (48) hours after moving to another state or within forty-eight (48) hours of becoming reasonably certain of the intention to move to another state, register or report to the offender's designated law enforcement agency the address at which the offender will reside in the new jurisdiction. (4) Within forty-eight (48) hours of a change in any other information given to the registering agency by the offender that is contained on the registration form, the offender must report the change to the registering agency. (5) Within forty-eight (48) hours of being released from probation or parole, an offender must report to the proper law enforcement agency, which shall then become the registering agency and take over registry duties from the department of correction. (6) Within forty-eight (48) hours of a material change in employment or vocation status, the offender shall report the change to the person's registering agency. For purposes of this subdivision (a)(6), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more. (7) Within three (3) days, excluding holidays, of an offender changing the offender's electronic mail address information, any instant message, chat or other internet communication name or identity information that the person uses or intends to use, whether within or without this state, the offender shall report the change to the offender's designated law enforcement agency.
(1) Within forty-eight (48) hours of establishing or changing a primary or secondary residence, establishing a physical presence at a particular location, becoming employed or practicing a vocation or becoming a student in this state, the offender shall register or report in person, as required by this part. Likewise, within forty-eight (48) hours of release on probation or any alternative to incarceration, excluding parole, the offender shall register or report in person, as required by this part.
(2) Regardless of an offender's date of conviction, adjudication or discharge from supervision, an offender whose contact with this state is sufficient to satisfy the requirements of subdivision (a)(1) is required to register in person as required by this part, if the person was required to register as any form of sexual offender, juvenile offender or otherwise, in another jurisdiction prior to the offender's presence in this state.
(3) An offender who resides and is registered in this state and who intends to move out of this state shall, within forty-eight (48) hours after moving to another state or within forty-eight (48) hours of becoming reasonably certain of the intention to move to another state, register or report to the offender's designated law enforcement agency the address at which the offender will reside in the new jurisdiction.
(4) Within forty-eight (48) hours of a change in any other information given to the registering agency by the offender that is contained on the registration form, the offender must report the change to the registering agency.
(5) Within forty-eight (48) hours of being released from probation or parole, an offender must report to the proper law enforcement agency, which shall then become the registering agency and take over registry duties from the department of correction.
(6) Within forty-eight (48) hours of a material change in employment or vocation status, the offender shall report the change to the person's registering agency. For purposes of this subdivision (a)(6), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more.
(7) Within three (3) days, excluding holidays, of an offender changing the offender's electronic mail address information, any instant message, chat or other internet communication name or identity information that the person uses or intends to use, whether within or without this state, the offender shall report the change to the offender's designated law enforcement agency.
(b) (1) An offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours prior to the offender's release, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee. (2) After registering or reporting with the incarcerating facility as provided in subdivision (b)(1), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours after the offender's release from the incarcerating institution, report in person to the offender's registering agency, unless the place of incarceration is also the person's registering agency. (3) Notwithstanding subdivisions (b)(1) and (2), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution and who has not registered pursuant to § 40-39-212(a) or any other law shall, by August 1, 2011, be required to report in person, register, complete and sign a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(1) An offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours prior to the offender's release, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or
(B) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(2) After registering or reporting with the incarcerating facility as provided in subdivision (b)(1), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours after the offender's release from the incarcerating institution, report in person to the offender's registering agency, unless the place of incarceration is also the person's registering agency.
(3) Notwithstanding subdivisions (b)(1) and (2), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution and who has not registered pursuant to § 40-39-212(a) or any other law shall, by August 1, 2011, be required to report in person, register, complete and sign a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , as follows: (A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or (B) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(A) If incarcerated in a state, federal or private penal facility, with the warden or the warden's designee; or
(B) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(c) An offender from another state, jurisdiction or country who has established a primary or secondary residence within this state or has established a physical presence at a particular location shall, within forty-eight (48) hours of establishing residency or a physical presence, register or report in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) .
(d) (1) An offender from another state, jurisdiction or country who is not a resident of this state shall, within forty-eight (48) hours of employment, commencing practice of a vocation or becoming a student in this state, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , with: (A) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or (B) The law enforcement agency or any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student. (2) Within forty-eight (48) hours of an offender from another state, jurisdiction or country who is not a resident of this state making a material change in the offender's vocational or employment or vocational status within this state, the offender shall report the change to the person's registering agency. For purposes of this subdivision (d)(2), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more.
(1) An offender from another state, jurisdiction or country who is not a resident of this state shall, within forty-eight (48) hours of employment, commencing practice of a vocation or becoming a student in this state, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , with: (A) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or (B) The law enforcement agency or any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student.
(A) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or
(B) The law enforcement agency or any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student.
(2) Within forty-eight (48) hours of an offender from another state, jurisdiction or country who is not a resident of this state making a material change in the offender's vocational or employment or vocational status within this state, the offender shall report the change to the person's registering agency. For purposes of this subdivision (d)(2), "a material change in employment or vocational status" includes being terminated involuntarily from the offender's employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender's hours of work at the same employment or vocation, taking additional employment, reducing the offender's employment or any other change in the offender's employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more.
(e) An offender from another state, jurisdiction or country who becomes a resident of this state, pursuant to the Interstate Compact for Supervision of Adult Offenders, compiled in title 40, chapter 28, part 4, shall, within forty-eight (48) hours of entering the state, register or report in person with the board, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) , in addition to the requirements of title 40, chapter 28, part 4 and the specialized conditions for sex offenders from the board.
(f) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless and are subject to the registration requirements of this part. Offenders who do not maintain either a primary or secondary residence shall be required to report to their registering agency monthly for so long as they do not maintain either a primary or secondary residence.
(g) Offenders who were previously required to register or report under former title 40, chapter 39, part 1 [repealed], shall register or report in person with the designated law enforcement agency by August 31, 2005. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from this requirement, as otherwise provided by this part.
(h) An offender who indicates to a designated law enforcement agency on the TBI registration form the offender's intent to reside in another state, jurisdiction or country and who then decides to remain in this state shall, within forty-eight (48) hours of the decision to remain in the state, report in person to the designated law enforcement agency and update all information pursuant to subsection (i).
(i) TBI registration forms shall require the registrant's signature and disclosure of the following information, under penalty of perjury, pursuant to § 39-16-702(b)(3) : (1) Complete name and all aliases, including, but not limited to, any names that the offender may have had or currently has by reason of marriage or otherwise, including pseudonyms and ethnic or tribal names; (2) Date and place of birth; (3) Social security number; (4) A photocopy of a valid driver license, or if no valid driver license has been issued to the offender, a photocopy of any state or federal government issued identification card; (5) For an offender on supervised release, the name, address and telephone number of the registrant's probation or parole officer or other person responsible for the registrant's supervision; (6) Sexual offenses or violent sexual offenses for which the registrant has been convicted, the date of the offenses and the county and state of each conviction; or the violent juvenile sexual offense for which the registrant has been adjudicated delinquent, the date of the act for which the adjudication was made and the county and state of each adjudication; (7) Name of any current employers and length of employment, including physical addresses and phone numbers; (8) Current physical address and length of residence at that address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address; (9) Mailing address, if different from physical address; (10) Any vehicle, mobile home, trailer or manufactured home used or owned by an offender, including descriptions, vehicle information numbers and license tag numbers; (11) Any vessel, live-aboard vessel or houseboat used by an offender, including the name of the vessel, description and all identifying numbers; (12) Name and address of each institution of higher education in this state where the offender is employed or practices a vocation or is a student; (13) Race and gender; (14) Name, address and phone number of offender's closest living relative; (15) Whether victims of the offender's convictions are minors or adults, the number of victims and the correct age of the victim or victims and of the offender at the time of the offense or offenses, if the ages are known; (16) Verification by the TBI or the offender that the TBI has received the offender's DNA sample; (17) A complete listing of the offender's electronic mail address information, including usernames, any social media accounts the offender uses or intends to use, instant message, other internet communication platforms or devices, and the offender's username, screen name, or other method by which the offender accesses these accounts or websites; (18) Whether any minors reside in the primary or secondary residence; (19) (A) Any other registration, verification and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (B) By January 1, 2007, the TBI shall promulgate and disseminate to all applicable law enforcement agencies, correctional institutions and any other agency that may be called upon to register an offender, rules establishing standardized specifications for the photograph of the offender required by subdivision (i)(19)(A). The rules shall specify that the photograph or digital image submitted for each offender must conform to the following compositional specifications or the entry will not be accepted for use on the registry and the agency will be required to resubmit the photograph: (i) Head Position: (a) The person being photographed must directly face the camera; (b) The head of the person should not be tilted up, down or to the side; and (c) The head of the person should cover about fifty percent (50%) of the area of the photo; (ii) Background: (a) The person being photographed should be in front of a neutral, light-colored background; and (b) Dark or patterned backgrounds are not acceptable; (iii) The photograph must be in focus; (iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and (v) Head Coverings and Hats: (a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and (b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted; (20) Copies of all passports and immigration documents; and (21) Professional licensing information that authorizes an offender to engage in an occupation or carry out a trade or business.
(1) Complete name and all aliases, including, but not limited to, any names that the offender may have had or currently has by reason of marriage or otherwise, including pseudonyms and ethnic or tribal names;
(2) Date and place of birth;
(3) Social security number;
(4) A photocopy of a valid driver license, or if no valid driver license has been issued to the offender, a photocopy of any state or federal government issued identification card;
(5) For an offender on supervised release, the name, address and telephone number of the registrant's probation or parole officer or other person responsible for the registrant's supervision;
(6) Sexual offenses or violent sexual offenses for which the registrant has been convicted, the date of the offenses and the county and state of each conviction; or the violent juvenile sexual offense for which the registrant has been adjudicated delinquent, the date of the act for which the adjudication was made and the county and state of each adjudication;
(7) Name of any current employers and length of employment, including physical addresses and phone numbers;
(8) Current physical address and length of residence at that address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address;
(9) Mailing address, if different from physical address;
(10) Any vehicle, mobile home, trailer or manufactured home used or owned by an offender, including descriptions, vehicle information numbers and license tag numbers;
(11) Any vessel, live-aboard vessel or houseboat used by an offender, including the name of the vessel, description and all identifying numbers;
(12) Name and address of each institution of higher education in this state where the offender is employed or practices a vocation or is a student;
(13) Race and gender;
(14) Name, address and phone number of offender's closest living relative;
(15) Whether victims of the offender's convictions are minors or adults, the number of victims and the correct age of the victim or victims and of the offender at the time of the offense or offenses, if the ages are known;
(16) Verification by the TBI or the offender that the TBI has received the offender's DNA sample;
(17) A complete listing of the offender's electronic mail address information, including usernames, any social media accounts the offender uses or intends to use, instant message, other internet communication platforms or devices, and the offender's username, screen name, or other method by which the offender accesses these accounts or websites;
(18) Whether any minors reside in the primary or secondary residence;
(19) (A) Any other registration, verification and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (B) By January 1, 2007, the TBI shall promulgate and disseminate to all applicable law enforcement agencies, correctional institutions and any other agency that may be called upon to register an offender, rules establishing standardized specifications for the photograph of the offender required by subdivision (i)(19)(A). The rules shall specify that the photograph or digital image submitted for each offender must conform to the following compositional specifications or the entry will not be accepted for use on the registry and the agency will be required to resubmit the photograph: (i) Head Position: (a) The person being photographed must directly face the camera; (b) The head of the person should not be tilted up, down or to the side; and (c) The head of the person should cover about fifty percent (50%) of the area of the photo; (ii) Background: (a) The person being photographed should be in front of a neutral, light-colored background; and (b) Dark or patterned backgrounds are not acceptable; (iii) The photograph must be in focus; (iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and (v) Head Coverings and Hats: (a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and (b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted;
(A) Any other registration, verification and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(B) By January 1, 2007, the TBI shall promulgate and disseminate to all applicable law enforcement agencies, correctional institutions and any other agency that may be called upon to register an offender, rules establishing standardized specifications for the photograph of the offender required by subdivision (i)(19)(A). The rules shall specify that the photograph or digital image submitted for each offender must conform to the following compositional specifications or the entry will not be accepted for use on the registry and the agency will be required to resubmit the photograph: (i) Head Position: (a) The person being photographed must directly face the camera; (b) The head of the person should not be tilted up, down or to the side; and (c) The head of the person should cover about fifty percent (50%) of the area of the photo; (ii) Background: (a) The person being photographed should be in front of a neutral, light-colored background; and (b) Dark or patterned backgrounds are not acceptable; (iii) The photograph must be in focus; (iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and (v) Head Coverings and Hats: (a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and (b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted;
(i) Head Position: (a) The person being photographed must directly face the camera; (b) The head of the person should not be tilted up, down or to the side; and (c) The head of the person should cover about fifty percent (50%) of the area of the photo;
(a) The person being photographed must directly face the camera;
(b) The head of the person should not be tilted up, down or to the side; and
(c) The head of the person should cover about fifty percent (50%) of the area of the photo;
(ii) Background: (a) The person being photographed should be in front of a neutral, light-colored background; and (b) Dark or patterned backgrounds are not acceptable;
(a) The person being photographed should be in front of a neutral, light-colored background; and
(b) Dark or patterned backgrounds are not acceptable;
(iii) The photograph must be in focus;
(iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and
(v) Head Coverings and Hats: (a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and (b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted;
(a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and
(b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted;
(20) Copies of all passports and immigration documents; and
(21) Professional licensing information that authorizes an offender to engage in an occupation or carry out a trade or business.
(j) (1) Notwithstanding the registration deadlines otherwise established by this section, any person convicted of a sexual offense or violent sexual offense in this state or who has another qualifying conviction as defined in § 40-39-202 , but who is not required to register for the reasons set out in subdivision (j)(2), shall have until August 1, 2007, to register as a sexual offender or violent sexual offender in this state. (2) Subdivision (j)(1) shall apply to offenders: (A) Whose convictions for a sexual offense or violent sexual offense occurred prior to January 1, 1995; (B) Who were not on probation, parole or any other alternative to incarceration for a sexual offense or prior sexual offense on or after January 1, 1995; (C) Who were discharged from probation, parole or any other alternative to incarceration for a sexual offense or violent sexual offense prior to January 1, 1995; or (D) Who were discharged from incarceration without supervision for a sexual offense or violent sexual offense prior to January 1, 1995.
(1) Notwithstanding the registration deadlines otherwise established by this section, any person convicted of a sexual offense or violent sexual offense in this state or who has another qualifying conviction as defined in § 40-39-202 , but who is not required to register for the reasons set out in subdivision (j)(2), shall have until August 1, 2007, to register as a sexual offender or violent sexual offender in this state.
(2) Subdivision (j)(1) shall apply to offenders: (A) Whose convictions for a sexual offense or violent sexual offense occurred prior to January 1, 1995; (B) Who were not on probation, parole or any other alternative to incarceration for a sexual offense or prior sexual offense on or after January 1, 1995; (C) Who were discharged from probation, parole or any other alternative to incarceration for a sexual offense or violent sexual offense prior to January 1, 1995; or (D) Who were discharged from incarceration without supervision for a sexual offense or violent sexual offense prior to January 1, 1995.
(A) Whose convictions for a sexual offense or violent sexual offense occurred prior to January 1, 1995;
(B) Who were not on probation, parole or any other alternative to incarceration for a sexual offense or prior sexual offense on or after January 1, 1995;
(C) Who were discharged from probation, parole or any other alternative to incarceration for a sexual offense or violent sexual offense prior to January 1, 1995; or
(D) Who were discharged from incarceration without supervision for a sexual offense or violent sexual offense prior to January 1, 1995.
(k) No later than the third day after an offender's initial registration, the registration agency shall send by the United States postal service or by electronic means the original signed TBI registration form containing information required by subsection (i) to TBI headquarters in Nashville.
(l) The offender's signature on the TBI registration form creates the presumption that the offender has knowledge of the registration, verification and tracking requirements of this part.
(m) Registry information regarding all registered offender's electronic mail address information, any instant message, chat or other internet communication name or identity information may be electronically transmitted by the TBI to a business or organization that offers electronic communication or remote computing services for the purpose of prescreening users or for comparison with information held by the requesting business or organization. In order to obtain the information from the TBI, the requesting business or organization that offers electronic communication or remote computing services shall agree to notify the TBI forthwith when a comparison indicates that any such registered sex offender's electronic mail address information, any instant message, chat or other internet communication name or identity information is being used on their system. The requesting business or organization shall also agree that the information will not be further disseminated.
(n) If the offender's DNA sample has not already been collected pursuant to § 40-35-321 or any other law and received by the TBI, the offender's DNA sample shall be taken by the registering agency at the time the offender registers or at the offender's next scheduled registration or reporting and sent to the TBI.
(o) An offender who registers or reports as required by this section prior to July 1, 2008, shall provide the additional information on the registration form required by this section at the offender's next scheduled registration or reporting date.
(p) An offender who is housed in a halfway house or any other facility as an alternative to incarceration where unsupervised contact is permitted outside of the facility is required to register or report with the registering agency as set out in § 40-39-204 in the city or county of the facility in which the offender is housed. The registering agency shall be responsible for the duties set out in § 40-39-205(b) during the time that the offender is housed in the facility.
(q) Any court exercising juvenile jurisdiction that adjudicates a juvenile as delinquent for conduct that qualifies such juvenile as a violent juvenile sexual offender shall transmit the information set out in subsection (i) pertaining to such violent juvenile sexual offender to the TBI for inclusion on the SOR within forty-eight (48) hours of the offender's adjudication for the qualifying offenses set out in § 40-39-202(29) .
Amended by 2015 Tenn. Acts, ch. 516, Secs.s 3, s 7 eff. 7/1/2015.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 10 - 14; 2007 , ch. 126, § 1; 2007 , ch. 465, §§ 2, 3; 2008 , ch. 979, §§ 1-3; 2008 , ch. 1164, § 3; 2010 , ch. 1138, §§ 6, 7; 2011 , ch. 222, § 1; 2011 , ch. 267, § 1; 2011 , ch. 483, §§ 10-12; 2012 , ch. 727, § 48.
Tenn. Code Ann. § 40-17-112 — TN Code / Title 40 / Chapter 17 / Section 40-17-112
Fees for state witnesses
Status: in_force

All witnesses entitled to compensation under §§ 40-25-106 and 40-25-129 appearing for the state under subpoena, either before a magistrate or the grand jury, or on an indictment found, are to have the same compensation for their attendance as in civil cases, unless otherwise provided. Code 1858, § 5391 (deriv. Acts 1855-1856, ch. 63, § 2); Shan., § 7366; mod. Code 1932, § 11973; T.C.A. (orig. ed.), § 40-2421.
All witnesses entitled to compensation under §§ 40-25-106 and 40-25-129 appearing for the state under subpoena, either before a magistrate or the grand jury, or on an indictment found, are to have the same compensation for their attendance as in civil cases, unless otherwise provided.
Code 1858, § 5391 (deriv. Acts 1855-1856, ch. 63, § 2); Shan., § 7366; mod. Code 1932, § 11973; T.C.A. (orig. ed.), § 40-2421.
Tenn. Code Ann. § 40-5-106 — TN Code / Title 40 / Chapter 5 / Section 40-5-106
Officials prohibited from issuing warrants
Status: in_force

No search warrant, arrest warrant or mittimus shall be issued by any state, city or county officer whose compensation is contingent in any manner upon the issuance or nonissuance of a search warrant, arrest warrant or mittimus. Acts 1978, ch. 933, § 5; T.C.A., § 40-607.
No search warrant, arrest warrant or mittimus shall be issued by any state, city or county officer whose compensation is contingent in any manner upon the issuance or nonissuance of a search warrant, arrest warrant or mittimus.
Acts 1978, ch. 933, § 5; T.C.A., § 40-607.
Tenn. Code Ann. § 40-18-109 — TN Code / Title 40 / Chapter 18 / Section 40-18-109
Retrial after discharge of jury
Status: in_force

In all cases where a jury is legally discharged, the case may be again tried at the same or another term of the court. Code 1858, §5221; Shan., § 7194; Code 1932, § 11757; T.C.A. (orig. ed.), § 40-2515.
In all cases where a jury is legally discharged, the case may be again tried at the same or another term of the court.
Code 1858, §5221; Shan., § 7194; Code 1932, § 11757; T.C.A. (orig. ed.), § 40-2515.
Tenn. Code Ann. § 40-4-102 — TN Code / Title 40 / Chapter 4 / Section 40-4-102
Investigation by grand jury
Status: in_force

(a) The grand jury shall make an investigation as to the offense charged in a warrant to have been committed, to the end that it may return an indictment or presentment, as prescribed and required by law for the charged offense. (b) If an indictment or presentment is found against the defendant, the defendant shall then be proceeded with as now required by law in those cases. (c) If no indictment or presentment is found, the defendant shall be discharged. (d) The grand jury shall, immediately upon the receipt of the papers in the case, proceed to an investigation, and those cases shall have preference in the order presented over all other cases to be investigated by the grand jury. Acts 1899, ch. 16, § 2; Shan., § 7034a2; Code 1932, § 11576; T.C.A. (orig. ed.), § 40-403.
(a) The grand jury shall make an investigation as to the offense charged in a warrant to have been committed, to the end that it may return an indictment or presentment, as prescribed and required by law for the charged offense.
(b) If an indictment or presentment is found against the defendant, the defendant shall then be proceeded with as now required by law in those cases.
(c) If no indictment or presentment is found, the defendant shall be discharged.
(d) The grand jury shall, immediately upon the receipt of the papers in the case, proceed to an investigation, and those cases shall have preference in the order presented over all other cases to be investigated by the grand jury.
Acts 1899, ch. 16, § 2; Shan., § 7034a2; Code 1932, § 11576; T.C.A. (orig. ed.), § 40-403.