Tenn. Code Ann. § 40-35-217 — TN Code / Title 40 / Chapter 35 / Section 40-35-217
Sentence conditioned or based upon defendant submitting to birth control, sterilization, or family planning services prohibited
Status: in_force

(a) As used in this section, "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization. (b) No guilty plea agreement or plea of nolo contendere shall be accepted by the court nor shall any criminal sentence be imposed by a judge if any part of the plea or sentence is in whole or in part conditioned or based upon the criminal defendant submitting to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given. (c) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given. (d) This section shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services. Acts 2018, ch. 917, § 1.
(a) As used in this section, "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization.
(b) No guilty plea agreement or plea of nolo contendere shall be accepted by the court nor shall any criminal sentence be imposed by a judge if any part of the plea or sentence is in whole or in part conditioned or based upon the criminal defendant submitting to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.
(c) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.
(d) This section shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.
Acts 2018, ch. 917, § 1.
Tenn. Code Ann. § 40-38-606 — TN Code / Title 40 / Chapter 38 / Section 40-38-606
Request that governmental and private entities use substitute address - Registration as voter - Service of process
Status: in_force

(a) A program participant may request that a governmental entity use the address designated by the secretary of state as the program participant's substitute address. Except as otherwise provided by this part, if the program participant requests that a governmental entity use the substitute address and provides evidence of certification as a program participant, the governmental entity shall accept the substitute address. (b) If a program participant's employer, school, or institution of higher education is not a governmental entity, the program participant may request that the employer, school, or institution of higher education use the substitute address designated by the secretary of state as the program participant's address. (c) The program participant may also request that private businesses and other non-governmental entities use the substitute address designated by the secretary of state as the program participant's address. (d) Program participants shall not be required to provide their confidential address to any public school for purposes of enrollment for themselves or their minor children, but rather shall be permitted to provide the public school with evidence of certification as a program participant and the participant's substitute address. Where residency must be verified in order to enroll a student in a public school, the individual responsible for verifying eligibility for enrollment shall submit a written request to the secretary of state, on a form prescribed by the secretary of state, whereby the secretary of state shall provide that individual with a statement as to whether the program participant, or the program participant's minor child, is eligible for enrollment, based on the information known to the secretary of state. (e) A program participant may be required to provide the program participant's residence address for purposes of obtaining utility services. Notwithstanding any contrary law, and except as otherwise provided by this part, if a program participant provides a utility service provider with evidence of certification as a program participant, the utility service provider shall treat the program participant's residence address and identifying information as confidential in accordance with the procedures established at § 10-7-504(a)(15) . In such instances, the program participant may also request that the utility service provider use the substitute address. (f) Except as otherwise provided in this part, it shall be the responsibility of the program participant to provide the program participant's substitute mailing address to all governmental and private entities to ensure the confidentiality of the program participant's confidential address. (g) A participant shall be registered as a voter of the precinct in which the person is a resident. (h) (1) The office of the secretary of state shall place all first class mail, legal documents, and certified mail received by the secretary of state on behalf of a program participant into an envelope or package and mail that envelope or package to the program participant at the mailing address the program participant provided to the secretary of state for that purpose within three (3) business days of receipt. The secretary of state may contract with the United States postal service to establish special postal rates for the envelopes or packages used in mailing a program participant's first class mail, legal documents, and certified mail under this section. (2) (A) Upon receiving service of process on behalf of a program participant, the office of the secretary of state shall immediately forward the process by certified mail, return receipt requested, to the program participant at the mailing address the program participant provided to the secretary of state for that purpose. Service of process upon the office of the secretary of state on behalf of a program participant shall constitute service upon the program participant under the Rules of Civil Procedure. (B) The secretary of state may prescribe by rule the manner in which process may be served on the secretary of state as the agent of a program participant. (C) Upon request by a person who intends to serve process on an individual, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) A program participant may request that a governmental entity use the address designated by the secretary of state as the program participant's substitute address. Except as otherwise provided by this part, if the program participant requests that a governmental entity use the substitute address and provides evidence of certification as a program participant, the governmental entity shall accept the substitute address.
(b) If a program participant's employer, school, or institution of higher education is not a governmental entity, the program participant may request that the employer, school, or institution of higher education use the substitute address designated by the secretary of state as the program participant's address.
(c) The program participant may also request that private businesses and other non-governmental entities use the substitute address designated by the secretary of state as the program participant's address.
(d) Program participants shall not be required to provide their confidential address to any public school for purposes of enrollment for themselves or their minor children, but rather shall be permitted to provide the public school with evidence of certification as a program participant and the participant's substitute address. Where residency must be verified in order to enroll a student in a public school, the individual responsible for verifying eligibility for enrollment shall submit a written request to the secretary of state, on a form prescribed by the secretary of state, whereby the secretary of state shall provide that individual with a statement as to whether the program participant, or the program participant's minor child, is eligible for enrollment, based on the information known to the secretary of state.
(e) A program participant may be required to provide the program participant's residence address for purposes of obtaining utility services. Notwithstanding any contrary law, and except as otherwise provided by this part, if a program participant provides a utility service provider with evidence of certification as a program participant, the utility service provider shall treat the program participant's residence address and identifying information as confidential in accordance with the procedures established at § 10-7-504(a)(15) . In such instances, the program participant may also request that the utility service provider use the substitute address.
(f) Except as otherwise provided in this part, it shall be the responsibility of the program participant to provide the program participant's substitute mailing address to all governmental and private entities to ensure the confidentiality of the program participant's confidential address.
(g) A participant shall be registered as a voter of the precinct in which the person is a resident.
(h) (1) The office of the secretary of state shall place all first class mail, legal documents, and certified mail received by the secretary of state on behalf of a program participant into an envelope or package and mail that envelope or package to the program participant at the mailing address the program participant provided to the secretary of state for that purpose within three (3) business days of receipt. The secretary of state may contract with the United States postal service to establish special postal rates for the envelopes or packages used in mailing a program participant's first class mail, legal documents, and certified mail under this section. (2) (A) Upon receiving service of process on behalf of a program participant, the office of the secretary of state shall immediately forward the process by certified mail, return receipt requested, to the program participant at the mailing address the program participant provided to the secretary of state for that purpose. Service of process upon the office of the secretary of state on behalf of a program participant shall constitute service upon the program participant under the Rules of Civil Procedure. (B) The secretary of state may prescribe by rule the manner in which process may be served on the secretary of state as the agent of a program participant. (C) Upon request by a person who intends to serve process on an individual, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.
(1) The office of the secretary of state shall place all first class mail, legal documents, and certified mail received by the secretary of state on behalf of a program participant into an envelope or package and mail that envelope or package to the program participant at the mailing address the program participant provided to the secretary of state for that purpose within three (3) business days of receipt. The secretary of state may contract with the United States postal service to establish special postal rates for the envelopes or packages used in mailing a program participant's first class mail, legal documents, and certified mail under this section.
(2) (A) Upon receiving service of process on behalf of a program participant, the office of the secretary of state shall immediately forward the process by certified mail, return receipt requested, to the program participant at the mailing address the program participant provided to the secretary of state for that purpose. Service of process upon the office of the secretary of state on behalf of a program participant shall constitute service upon the program participant under the Rules of Civil Procedure. (B) The secretary of state may prescribe by rule the manner in which process may be served on the secretary of state as the agent of a program participant. (C) Upon request by a person who intends to serve process on an individual, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.
(A) Upon receiving service of process on behalf of a program participant, the office of the secretary of state shall immediately forward the process by certified mail, return receipt requested, to the program participant at the mailing address the program participant provided to the secretary of state for that purpose. Service of process upon the office of the secretary of state on behalf of a program participant shall constitute service upon the program participant under the Rules of Civil Procedure.
(B) The secretary of state may prescribe by rule the manner in which process may be served on the secretary of state as the agent of a program participant.
(C) Upon request by a person who intends to serve process on an individual, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any other information concerning a program participant.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-28-121 — TN Code / Title 40 / Chapter 28 / Section 40-28-121
Arrest of parole violator - Preliminary hearing - Notice
Status: in_force

(a) Upon the issuance of a warrant under § 40-28-607 , any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board. (b) Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute "probable cause" and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary. (c) Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing. (d) The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board. Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40; 2012 , ch. 727, § 28.
(a) Upon the issuance of a warrant under § 40-28-607 , any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board.
(b) Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute "probable cause" and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary.
(c) Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing.
(d) The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board.
Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40; 2012 , ch. 727, § 28.
Tenn. Code Ann. § 40-11-310 — TN Code / Title 40 / Chapter 11 / Section 40-11-310
Giving or procuring legal assistance unlawful
Status: in_force

It is unlawful for any professional bondsman to aid, counsel or advise any person accused of a criminal offense or violation of law, or those purporting to act for or represent the accused in respect of any matter relating or pertaining to the charge pending against the accused or to the disposition or dismissal thereof, except as to matters relating to the contract of suretyship on the bond, bail or similar undertaking, or to the contract relating to the securing and payment of any fine or costs, being negotiated for or posted in the pending case; nor shall any professional bondsman, directly or indirectly, retain, hire or employ, or pay for the services of an attorney at law to aid, counsel, advise or represent any person accused of criminal offense or violation of law, or those purporting to act for or represent the accused, in any case, suit or matter, in which the professional bondsman is surety for those persons, nor divide with or pay to any attorney any part of the compensation received by the bondsman for services as surety of an accused. Acts 1939, ch. 199, § 7; C. Supp. 1950, § 11715.7; T.C.A. (orig. ed.), § 40-1410.
It is unlawful for any professional bondsman to aid, counsel or advise any person accused of a criminal offense or violation of law, or those purporting to act for or represent the accused in respect of any matter relating or pertaining to the charge pending against the accused or to the disposition or dismissal thereof, except as to matters relating to the contract of suretyship on the bond, bail or similar undertaking, or to the contract relating to the securing and payment of any fine or costs, being negotiated for or posted in the pending case; nor shall any professional bondsman, directly or indirectly, retain, hire or employ, or pay for the services of an attorney at law to aid, counsel, advise or represent any person accused of criminal offense or violation of law, or those purporting to act for or represent the accused, in any case, suit or matter, in which the professional bondsman is surety for those persons, nor divide with or pay to any attorney any part of the compensation received by the bondsman for services as surety of an accused.
Acts 1939, ch. 199, § 7; C. Supp. 1950, § 11715.7; T.C.A. (orig. ed.), § 40-1410.
Tenn. Code Ann. § 40-35-303 — TN Code / Title 40 / Chapter 35 / Section 40-35-303
Probation - Eligibility - Terms
Status: in_force

(a) A defendant shall be eligible for probation under this chapter if the sentence actually imposed upon the defendant is ten (10) years or less; however, no defendant shall be eligible for probation under this chapter if convicted of a violation of § 39-13-213(a)(2) , § 39-13-304 , § 39-13-402 , § 39-13-504 , § 39-13-532 , § 39-15-402 , § 39-17-417(b) or (i) , § 39-17-1003 , § 39-17-1004 or § 39-17-1005 . A defendant shall also be eligible for probation pursuant to § 40-36-106(e)(3) . (b) A court shall have authority to impose probation as part of its sentencing determination at the conclusion of the sentencing hearing. There shall be no petition for probation filed by the defendant and probation shall be automatically considered by the court as a sentencing alternative for eligible defendants; provided, that nothing in this chapter shall be construed as altering any provision of present statutory or case law requiring that the burden of establishing suitability for probation rests with the defendant. (c) (1) If the court determines that a period of probation is appropriate, the court shall sentence the defendant to a specific sentence but shall suspend the execution of all or part of the sentence and place the defendant on supervised or unsupervised probation either immediately or after a period of confinement for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense. If the court imposes a period of probation for only one (1) conviction, then the period of probation shall not exceed eight (8) years, including instances where a period of probation is imposed after a period of confinement. If the court imposes a period of probation for more than one (1) conviction, then the total period of probation imposed shall not exceed ten (10) years. (2) (A) Except as provided in subdivision (c)(2)(B), if probation is to be granted to a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C), subdivision (c)(1) shall govern the length of the term of probation. (B) Notwithstanding subdivision (c)(2)(A), the judge may sentence a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C) to a period of probation not to exceed two (2) years, if the judge finds that the period of probation is necessary: (i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer's intervention program, an anger management program or any court-ordered drug or alcohol treatment program; (ii) To make restitution to the victim of the offense; (iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or (iv) To protect and better ensure the safety of the victim or any other member of the victim's family or household, as set out in subsections (m) and (n). (C) The offenses to which this subdivision (c)(2) applies are: (i) Domestic assault, as prohibited by § 39-13-111 ; (ii) Assault as prohibited by § 39-13-101 , vandalism as prohibited by § 39-14-408 , or false imprisonment as prohibited by § 39-13-302 , where the victim of the offense is a person identified in § 36-3-601(5) ; (iii) Violation of a protective order, as prohibited by § 36-3-612 ; (iv) Stalking, as prohibited by § 39-17-315 ; and (v) A second or third violation of § 55-10-401 if the judge orders a substance abuse treatment program as a condition of probation pursuant to § 55-10-402(a)(2)(B) or (a)(3)(B) . (d) Whenever a court sentences an offender to supervised probation, the court shall specify the terms of the supervision and may require the offender to comply with certain conditions that may include, but are not limited to: (1) Meet the offender's family responsibilities; (2) Devote the offender to a specific employment or occupation; (3) Perform, without compensation, services in the community for charitable or governmental agencies; (4) Undergo available medical or psychiatric treatment and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201 ; (5) Pursue a prescribed secular course of study or vocational training; (6) Refrain from possessing a firearm or other dangerous weapon; (7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment; (8) Submit to supervision by an appropriate agency or person and report as directed by the court; (9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter; (10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304 ; (11) (A) Undergo an alcohol and drug assessment or treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available; (B) Unless the court makes a specific determination that the person is indigent, the expense of the assessment and treatment shall be the responsibility of the person receiving it. If the court finds that the person is indigent under the same standards as used in § 55-10-402(j) , the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund provided in § 40-33-211 , pursuant to a plan and procedures developed by the department of mental health and substance abuse services; (12) (A) Use a transdermal monitoring device or other alternative monitoring device if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct and the defendant is granted probation on or after July 1, 2014. If the defendant is granted probation on or after July 1, 2016, and the court orders a monitoring device but determines that the person 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 ; (B) As used in this subdivision (d)(12), "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; or (13) Participation in a day reporting center program, recovery and treatment program, or another appropriate community-based program. (e) Probation shall be granted, if at all, at the time of the sentencing hearing except for sentences served in a local jail or workhouse, or except during the time a defendant sentenced to the department of correction is being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d) . (f) The trial judge shall not have the authority to require that the defendant either secure or pay the costs accrued in the case at the instance of the state as a condition of conducting a hearing on the defendant's request for suspension of sentence and probation. (g) The powers granted in this section shall be exercised by the judge of the trial court presiding at the trial of original conviction or by any successor judge holding court in that jurisdiction. (h) No probationer shall be allowed to leave the jurisdiction of the probationer's probation officer without the express permission of the trial judge. (i) (1) In misdemeanor cases, as a condition precedent, the defendant must pay not less than ten dollars ($10.00) nor more than forty-five dollars ($45.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payment shall be made to the clerk of the court in which proceedings against the defendant were pending, to be sent 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. The court may order the payments to be made directly to the agency, department, program, group or association responsible for the supervision of the defendant in lieu of making the payments to the clerk of the court. (2) In addition to the costs imposed by subdivision (i)(1), the court may require the defendant to pay any or all costs for the defendant's supervision, counseling or treatment in a specified manner, based on the defendant's ability to pay. (3) Willful failure to pay the supervision fee imposed by this subsection (i) to the supervising entity shall be grounds for revocation of probation and the supervising entity shall report all instances of nonpayment to the sentencing court. (j) The provisions of this section relative to the payment of a supervision fee shall not apply to any person subject to chapter 28, part 2 of this title. (k) The commissioner of correction, sheriff, warden, superintendent or other official having authority and responsibility for convicted defendants may contract with any appropriate public or private agency not under the commissioner's, sheriff's, warden's, superintendent's or other official's control for custody, care, subsistence, education, treatment or training of the defendants. The cost of the contract services shall be paid by the appropriate state or local entity to the department or the local jail or workhouse. (l) A probation officer shall make reasonable and diligent effort to notify a victim of any felony that involved violence or the threat of violence that the defendant convicted of that offense is statutorily eligible for probation and that a hearing will be held to determine whether the defendant should be granted probation. The notice shall be given at least three (3) days prior to the hearing. If the victim is less than eighteen (18) years of age or is otherwise unavailable, the probation officer shall make all reasonable and diligent efforts to so notify the family, if any, of the victim. (m) In determining whether a person convicted of the offense of stalking, aggravated stalking or especially aggravated stalking, as defined in § 39-17-315 , or any criminal offense defined in title 39, chapter 13, in which the victim falls within the definition set forth in § 36-3-601(5) , should be granted probation, the court shall consider the safety and protection of the victim of the offense and of any other member of the victim's family or household. (n) If the court grants probation to a person convicted of an offense specified in subsection (m), it may condition the probation on compliance with one (1) or more orders of the court, including, but not limited to: (1) Enjoining the perpetrator from threatening to commit or committing acts of violence against the victim or other household members; (2) Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating, either directly or indirectly, with the victim; (3) Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and by any designated family or household member; (4) Prohibiting the perpetrator from possessing or consuming alcohol, controlled substances or controlled substance analogues; and (5) Prohibiting the perpetrator from using or possessing a firearm or any other specified weapon and requiring the perpetrator to surrender and forfeit any weapon currently possessed. (o) (1) Probation officers meeting the requirements of this subsection (o) shall have the authority to serve warrants and make arrests solely relating to their duties as probation officers. A probation officer shall also have the authority to bring probationers before the court when directed by the court to do so. While acting in the performance of their duties as probation officers, the probation officers shall have the same authority as a peace officer while serving warrants and making arrests that relate solely to their duties as probation officers. (2) Subdivision (o)(1) shall only apply to a probation officer: (A) In any county having a charter form of government with a population of less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census; (B) Employed by a probation office operated by a governmental entity; (C) Who has completed training equal to the training required by the standards of the peace officer's standards and training commission (POST); and (D) Who successfully completes at least forty (40) hours of appropriate in-service training each year. (3) Because a probation officer meets the standards and requirements of subdivision (o)(2) does not mean the officer is eligible for the pay supplement for state certified officers authorized in § 38-8-111 . (4) This subsection (o) shall not apply to a state probation officer employed by the department of correction and paid by the state of Tennessee. (p) (1) If a defendant is granted probation pursuant to this section and is released to the department charged by law with the supervision of probationers, the department may contract with an approved private probation provider to furnish probation supervision and services to such defendant if: (A) The defendant's conviction offense was for a Class E felony; and (B) The caseloads of state probation officers where the defendant is being supervised are high, resulting in the likelihood that the probationer may receive increased supervision and services from a private probation provider; or (C) The private probation provider offers specialized services, treatment or training that would be beneficial to a probationer but would not be available if the probationer is supervised by the department. (2) To contract with the department for the supervision of felons described in subdivision (p)(1)(A), a private probation provider shall: (A) Meet all qualifications established by the private probation council for entities providing misdemeanor probation services; (B) Keep all records in an electronic format that is accessible upon demand by an approved state agency; (C) Maintain professional liability insurance of not less than one million dollars ($1,000,000) in addition to a general liability policy; and (D) (i) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or (ii) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years. (3) (A) A private probation provider who meets the requirements of subdivision (p)(2) and who wants to contract with the department to provide probation services to felons described in subdivision (p)(1)(A), may register with the department and the private probation council. (B) At the time of registration, the private provider shall submit to the department and council: (i) Such documentation as is necessary to demonstrate that it meets the requirements of subdivision (p)(2); and (ii) A specific plan demonstrating how the use of such provider to supervise and provide services to felons described in subdivision (p)(1)(A), who have been granted probation will further the overall goal of reducing the recidivism rate of probationers. Such plan shall also contain statistics for misdemeanor probation services provided by the private provider for the previous ten (10) years. At a minimum, the statistics contained in the plan shall contain the same information required to be maintained by subdivision (p)(5). (C) If the documentation and recidivism rate reduction plan presented by the private provider demonstrates that it meets the requirements of subdivision (p)(2), the department and council shall approve the private provider and place such provider on a list of companies eligible to contract with the department pursuant to this subsection (p). (4) A supervision contract authorized by this section shall be between the private provider and the department. Once the court grants a person's petition for probation, the department shall be the sole entity that determines who supervises the probationer. No probationer meeting the criteria set out in subdivision (p)(1)(A) shall be placed under the supervision of or supervised by a private provider that has not contracted with the department and is not on the list of companies approved by the department and the council. (5) Any private provider who contracts with the department pursuant to this subsection (p) shall maintain statistics on the probationers supervised pursuant to this subsection (p) and shall submit a quarterly report of such statistics to the person or agency designated by the department. The statistics shall include, but not be limited to: (A) The number of felony probationers described in subdivision (p)(1)(A) the private provider has contracted to supervise; (B) The style of the case which resulted in the defendant being placed on probation; (C) The number of felons described in subdivision (p)(1)(A), whose probation was revoked prior to the end of supervision; and (D) The recidivism rate of the felony probationers supervised by the private provider under a contract authorized by this subsection (p). (6) (A) A private provider contracting to supervise felons described in subdivision (p)(1)(A) may charge a supervision fee not to exceed sixty dollars ($60.00) per month. However, if a probationer cannot afford all or part of the supervision fee, the probationer may go before the court placing the defendant on probation and petition that it be waived or reduced. For good cause shown, the court may waive or reduce the supervision fee in appropriate cases. (B) Willful nonpayment of the supervision fee to the private probation provider shall be grounds for revocation and the provider shall report instances of nonpayment to the department in the manner specified in the contract. (7) No employee of a private provider of probation services shall supervise a felon described in subdivision (p)(1)(A) unless the employee has a bachelor of science degree from an accredited college or university or at least two (2) years of related work experience. (8) This subsection (p) shall not apply to offenders who are governed by the Interstate Compact for Supervision of Adult Offenders, codified in § 40-28-401 . The supervision of those offenders shall be controlled by the compact. (q) (1) A probation officer shall set any required meetings at times and locations that reasonably accommodate the work schedule of the probationer. Upon approval from the department of correction, the probation officer may utilize a technology portal that allows communication between the probationer and the probation officer to occur in real time by voice and video in place of an in-person meeting between the probationer and the probation officer. (2) The department shall promulgate rules governing a defendant's eligibility for video reporting. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and must include: (A) Minimum standards and guidelines for the authorized technology; (B) Minimum standards and guidelines for how the technology may be used; and (C) Standards for determining the eligibility and suitability of a defendant to meet reporting requirements through the use of such technology. (3) The eligibility and suitability standards under subdivision (q)(2)(C) must include consideration of the severity of the defendant's underlying criminal conviction and the defendant's criminal history, supervision level, and past supervision history. (r) (1) Except as provided in subdivision (r)(2), if an offender is required as a condition of probation to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the offender to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the offender in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (r)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device shall promptly give notice of the violation to the offender's probation officer. Amended by 2024 Tenn. Acts, ch. 874,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 760,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 409, Secs.s 17, s 20 eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 1021, s 1, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 993, s 14, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 902, Secs.s 3, s 5 eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 154, s 38, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 33, s 1, eff. 3/20/2013. Acts 1989, ch. 591, § 6; 1990, ch. 982, § 4; 1990, ch. 1030, § 32; 1991, ch. 458, § 2; 1992, ch. 1009, § 1; 1993, ch. 221, § 3; 1994, ch. 978, § 3; 1995, ch. 410, § 4; 1997 , ch. 211, § 6; 2000, ch. 740, § 1; 2000, ch. 947, § 8E; 2003 , ch. 408, § 1; 2005, ch. 353, § 7; 2005, ch. 433, § 1; 2005, ch. 455, § 1; 2005, ch. 482, § 7; 2006, ch. 973, § 2; 2007 , ch. 311, § 1; 2007 , ch. 528, § 1; 2009 , ch. 186, § 6; 2010 , ch. 981, §§ 4, 6; 2010 , ch. 1100, § 66; 2012 , ch. 575, § 1; 2012 , ch. 652, § 1; 2012 , ch. 727, § 44; 2012 , ch. 848, § 35.
(a) A defendant shall be eligible for probation under this chapter if the sentence actually imposed upon the defendant is ten (10) years or less; however, no defendant shall be eligible for probation under this chapter if convicted of a violation of § 39-13-213(a)(2) , § 39-13-304 , § 39-13-402 , § 39-13-504 , § 39-13-532 , § 39-15-402 , § 39-17-417(b) or (i) , § 39-17-1003 , § 39-17-1004 or § 39-17-1005 . A defendant shall also be eligible for probation pursuant to § 40-36-106(e)(3) .
(b) A court shall have authority to impose probation as part of its sentencing determination at the conclusion of the sentencing hearing. There shall be no petition for probation filed by the defendant and probation shall be automatically considered by the court as a sentencing alternative for eligible defendants; provided, that nothing in this chapter shall be construed as altering any provision of present statutory or case law requiring that the burden of establishing suitability for probation rests with the defendant.
(c) (1) If the court determines that a period of probation is appropriate, the court shall sentence the defendant to a specific sentence but shall suspend the execution of all or part of the sentence and place the defendant on supervised or unsupervised probation either immediately or after a period of confinement for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense. If the court imposes a period of probation for only one (1) conviction, then the period of probation shall not exceed eight (8) years, including instances where a period of probation is imposed after a period of confinement. If the court imposes a period of probation for more than one (1) conviction, then the total period of probation imposed shall not exceed ten (10) years. (2) (A) Except as provided in subdivision (c)(2)(B), if probation is to be granted to a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C), subdivision (c)(1) shall govern the length of the term of probation. (B) Notwithstanding subdivision (c)(2)(A), the judge may sentence a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C) to a period of probation not to exceed two (2) years, if the judge finds that the period of probation is necessary: (i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer's intervention program, an anger management program or any court-ordered drug or alcohol treatment program; (ii) To make restitution to the victim of the offense; (iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or (iv) To protect and better ensure the safety of the victim or any other member of the victim's family or household, as set out in subsections (m) and (n). (C) The offenses to which this subdivision (c)(2) applies are: (i) Domestic assault, as prohibited by § 39-13-111 ; (ii) Assault as prohibited by § 39-13-101 , vandalism as prohibited by § 39-14-408 , or false imprisonment as prohibited by § 39-13-302 , where the victim of the offense is a person identified in § 36-3-601(5) ; (iii) Violation of a protective order, as prohibited by § 36-3-612 ; (iv) Stalking, as prohibited by § 39-17-315 ; and (v) A second or third violation of § 55-10-401 if the judge orders a substance abuse treatment program as a condition of probation pursuant to § 55-10-402(a)(2)(B) or (a)(3)(B) .
(1) If the court determines that a period of probation is appropriate, the court shall sentence the defendant to a specific sentence but shall suspend the execution of all or part of the sentence and place the defendant on supervised or unsupervised probation either immediately or after a period of confinement for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense. If the court imposes a period of probation for only one (1) conviction, then the period of probation shall not exceed eight (8) years, including instances where a period of probation is imposed after a period of confinement. If the court imposes a period of probation for more than one (1) conviction, then the total period of probation imposed shall not exceed ten (10) years.
(2) (A) Except as provided in subdivision (c)(2)(B), if probation is to be granted to a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C), subdivision (c)(1) shall govern the length of the term of probation. (B) Notwithstanding subdivision (c)(2)(A), the judge may sentence a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C) to a period of probation not to exceed two (2) years, if the judge finds that the period of probation is necessary: (i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer's intervention program, an anger management program or any court-ordered drug or alcohol treatment program; (ii) To make restitution to the victim of the offense; (iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or (iv) To protect and better ensure the safety of the victim or any other member of the victim's family or household, as set out in subsections (m) and (n). (C) The offenses to which this subdivision (c)(2) applies are: (i) Domestic assault, as prohibited by § 39-13-111 ; (ii) Assault as prohibited by § 39-13-101 , vandalism as prohibited by § 39-14-408 , or false imprisonment as prohibited by § 39-13-302 , where the victim of the offense is a person identified in § 36-3-601(5) ; (iii) Violation of a protective order, as prohibited by § 36-3-612 ; (iv) Stalking, as prohibited by § 39-17-315 ; and (v) A second or third violation of § 55-10-401 if the judge orders a substance abuse treatment program as a condition of probation pursuant to § 55-10-402(a)(2)(B) or (a)(3)(B) .
(A) Except as provided in subdivision (c)(2)(B), if probation is to be granted to a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C), subdivision (c)(1) shall govern the length of the term of probation.
(B) Notwithstanding subdivision (c)(2)(A), the judge may sentence a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C) to a period of probation not to exceed two (2) years, if the judge finds that the period of probation is necessary: (i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer's intervention program, an anger management program or any court-ordered drug or alcohol treatment program; (ii) To make restitution to the victim of the offense; (iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or (iv) To protect and better ensure the safety of the victim or any other member of the victim's family or household, as set out in subsections (m) and (n).
(i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer's intervention program, an anger management program or any court-ordered drug or alcohol treatment program;
(ii) To make restitution to the victim of the offense;
(iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or
(iv) To protect and better ensure the safety of the victim or any other member of the victim's family or household, as set out in subsections (m) and (n).
(C) The offenses to which this subdivision (c)(2) applies are: (i) Domestic assault, as prohibited by § 39-13-111 ; (ii) Assault as prohibited by § 39-13-101 , vandalism as prohibited by § 39-14-408 , or false imprisonment as prohibited by § 39-13-302 , where the victim of the offense is a person identified in § 36-3-601(5) ; (iii) Violation of a protective order, as prohibited by § 36-3-612 ; (iv) Stalking, as prohibited by § 39-17-315 ; and (v) A second or third violation of § 55-10-401 if the judge orders a substance abuse treatment program as a condition of probation pursuant to § 55-10-402(a)(2)(B) or (a)(3)(B) .
(i) Domestic assault, as prohibited by § 39-13-111 ;
(ii) Assault as prohibited by § 39-13-101 , vandalism as prohibited by § 39-14-408 , or false imprisonment as prohibited by § 39-13-302 , where the victim of the offense is a person identified in § 36-3-601(5) ;
(iii) Violation of a protective order, as prohibited by § 36-3-612 ;
(iv) Stalking, as prohibited by § 39-17-315 ; and
(v) A second or third violation of § 55-10-401 if the judge orders a substance abuse treatment program as a condition of probation pursuant to § 55-10-402(a)(2)(B) or (a)(3)(B) .
(d) Whenever a court sentences an offender to supervised probation, the court shall specify the terms of the supervision and may require the offender to comply with certain conditions that may include, but are not limited to: (1) Meet the offender's family responsibilities; (2) Devote the offender to a specific employment or occupation; (3) Perform, without compensation, services in the community for charitable or governmental agencies; (4) Undergo available medical or psychiatric treatment and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201 ; (5) Pursue a prescribed secular course of study or vocational training; (6) Refrain from possessing a firearm or other dangerous weapon; (7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment; (8) Submit to supervision by an appropriate agency or person and report as directed by the court; (9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter; (10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304 ; (11) (A) Undergo an alcohol and drug assessment or treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available; (B) Unless the court makes a specific determination that the person is indigent, the expense of the assessment and treatment shall be the responsibility of the person receiving it. If the court finds that the person is indigent under the same standards as used in § 55-10-402(j) , the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund provided in § 40-33-211 , pursuant to a plan and procedures developed by the department of mental health and substance abuse services; (12) (A) Use a transdermal monitoring device or other alternative monitoring device if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct and the defendant is granted probation on or after July 1, 2014. If the defendant is granted probation on or after July 1, 2016, and the court orders a monitoring device but determines that the person 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 ; (B) As used in this subdivision (d)(12), "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; or (13) Participation in a day reporting center program, recovery and treatment program, or another appropriate community-based program.
(1) Meet the offender's family responsibilities;
(2) Devote the offender to a specific employment or occupation;
(3) Perform, without compensation, services in the community for charitable or governmental agencies;
(4) Undergo available medical or psychiatric treatment and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201 ;
(5) Pursue a prescribed secular course of study or vocational training;
(6) Refrain from possessing a firearm or other dangerous weapon;
(7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment;
(8) Submit to supervision by an appropriate agency or person and report as directed by the court;
(9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter;
(10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304 ;
(11) (A) Undergo an alcohol and drug assessment or treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available; (B) Unless the court makes a specific determination that the person is indigent, the expense of the assessment and treatment shall be the responsibility of the person receiving it. If the court finds that the person is indigent under the same standards as used in § 55-10-402(j) , the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund provided in § 40-33-211 , pursuant to a plan and procedures developed by the department of mental health and substance abuse services;
(A) Undergo an alcohol and drug assessment or treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available;
(B) Unless the court makes a specific determination that the person is indigent, the expense of the assessment and treatment shall be the responsibility of the person receiving it. If the court finds that the person is indigent under the same standards as used in § 55-10-402(j) , the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund provided in § 40-33-211 , pursuant to a plan and procedures developed by the department of mental health and substance abuse services;
(12) (A) Use a transdermal monitoring device or other alternative monitoring device if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct and the defendant is granted probation on or after July 1, 2014. If the defendant is granted probation on or after July 1, 2016, and the court orders a monitoring device but determines that the person 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 ; (B) As used in this subdivision (d)(12), "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; or
(A) Use a transdermal monitoring device or other alternative monitoring device if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct and the defendant is granted probation on or after July 1, 2014. If the defendant is granted probation on or after July 1, 2016, and the court orders a monitoring device but determines that the person 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 ;
(B) As used in this subdivision (d)(12), "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; or
(13) Participation in a day reporting center program, recovery and treatment program, or another appropriate community-based program.
(e) Probation shall be granted, if at all, at the time of the sentencing hearing except for sentences served in a local jail or workhouse, or except during the time a defendant sentenced to the department of correction is being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d) .
(f) The trial judge shall not have the authority to require that the defendant either secure or pay the costs accrued in the case at the instance of the state as a condition of conducting a hearing on the defendant's request for suspension of sentence and probation.
(g) The powers granted in this section shall be exercised by the judge of the trial court presiding at the trial of original conviction or by any successor judge holding court in that jurisdiction.
(h) No probationer shall be allowed to leave the jurisdiction of the probationer's probation officer without the express permission of the trial judge.
(i) (1) In misdemeanor cases, as a condition precedent, the defendant must pay not less than ten dollars ($10.00) nor more than forty-five dollars ($45.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payment shall be made to the clerk of the court in which proceedings against the defendant were pending, to be sent 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. The court may order the payments to be made directly to the agency, department, program, group or association responsible for the supervision of the defendant in lieu of making the payments to the clerk of the court. (2) In addition to the costs imposed by subdivision (i)(1), the court may require the defendant to pay any or all costs for the defendant's supervision, counseling or treatment in a specified manner, based on the defendant's ability to pay. (3) Willful failure to pay the supervision fee imposed by this subsection (i) to the supervising entity shall be grounds for revocation of probation and the supervising entity shall report all instances of nonpayment to the sentencing court.
(1) In misdemeanor cases, as a condition precedent, the defendant must pay not less than ten dollars ($10.00) nor more than forty-five dollars ($45.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payment shall be made to the clerk of the court in which proceedings against the defendant were pending, to be sent 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. The court may order the payments to be made directly to the agency, department, program, group or association responsible for the supervision of the defendant in lieu of making the payments to the clerk of the court.
(2) In addition to the costs imposed by subdivision (i)(1), the court may require the defendant to pay any or all costs for the defendant's supervision, counseling or treatment in a specified manner, based on the defendant's ability to pay.
(3) Willful failure to pay the supervision fee imposed by this subsection (i) to the supervising entity shall be grounds for revocation of probation and the supervising entity shall report all instances of nonpayment to the sentencing court.
(j) The provisions of this section relative to the payment of a supervision fee shall not apply to any person subject to chapter 28, part 2 of this title.
(k) The commissioner of correction, sheriff, warden, superintendent or other official having authority and responsibility for convicted defendants may contract with any appropriate public or private agency not under the commissioner's, sheriff's, warden's, superintendent's or other official's control for custody, care, subsistence, education, treatment or training of the defendants. The cost of the contract services shall be paid by the appropriate state or local entity to the department or the local jail or workhouse.
(l) A probation officer shall make reasonable and diligent effort to notify a victim of any felony that involved violence or the threat of violence that the defendant convicted of that offense is statutorily eligible for probation and that a hearing will be held to determine whether the defendant should be granted probation. The notice shall be given at least three (3) days prior to the hearing. If the victim is less than eighteen (18) years of age or is otherwise unavailable, the probation officer shall make all reasonable and diligent efforts to so notify the family, if any, of the victim.
(m) In determining whether a person convicted of the offense of stalking, aggravated stalking or especially aggravated stalking, as defined in § 39-17-315 , or any criminal offense defined in title 39, chapter 13, in which the victim falls within the definition set forth in § 36-3-601(5) , should be granted probation, the court shall consider the safety and protection of the victim of the offense and of any other member of the victim's family or household.
(n) If the court grants probation to a person convicted of an offense specified in subsection (m), it may condition the probation on compliance with one (1) or more orders of the court, including, but not limited to: (1) Enjoining the perpetrator from threatening to commit or committing acts of violence against the victim or other household members; (2) Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating, either directly or indirectly, with the victim; (3) Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and by any designated family or household member; (4) Prohibiting the perpetrator from possessing or consuming alcohol, controlled substances or controlled substance analogues; and (5) Prohibiting the perpetrator from using or possessing a firearm or any other specified weapon and requiring the perpetrator to surrender and forfeit any weapon currently possessed.
(1) Enjoining the perpetrator from threatening to commit or committing acts of violence against the victim or other household members;
(2) Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating, either directly or indirectly, with the victim;
(3) Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and by any designated family or household member;
(4) Prohibiting the perpetrator from possessing or consuming alcohol, controlled substances or controlled substance analogues; and
(5) Prohibiting the perpetrator from using or possessing a firearm or any other specified weapon and requiring the perpetrator to surrender and forfeit any weapon currently possessed.
(o) (1) Probation officers meeting the requirements of this subsection (o) shall have the authority to serve warrants and make arrests solely relating to their duties as probation officers. A probation officer shall also have the authority to bring probationers before the court when directed by the court to do so. While acting in the performance of their duties as probation officers, the probation officers shall have the same authority as a peace officer while serving warrants and making arrests that relate solely to their duties as probation officers. (2) Subdivision (o)(1) shall only apply to a probation officer: (A) In any county having a charter form of government with a population of less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census; (B) Employed by a probation office operated by a governmental entity; (C) Who has completed training equal to the training required by the standards of the peace officer's standards and training commission (POST); and (D) Who successfully completes at least forty (40) hours of appropriate in-service training each year. (3) Because a probation officer meets the standards and requirements of subdivision (o)(2) does not mean the officer is eligible for the pay supplement for state certified officers authorized in § 38-8-111 . (4) This subsection (o) shall not apply to a state probation officer employed by the department of correction and paid by the state of Tennessee.
(1) Probation officers meeting the requirements of this subsection (o) shall have the authority to serve warrants and make arrests solely relating to their duties as probation officers. A probation officer shall also have the authority to bring probationers before the court when directed by the court to do so. While acting in the performance of their duties as probation officers, the probation officers shall have the same authority as a peace officer while serving warrants and making arrests that relate solely to their duties as probation officers.
(2) Subdivision (o)(1) shall only apply to a probation officer: (A) In any county having a charter form of government with a population of less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census; (B) Employed by a probation office operated by a governmental entity; (C) Who has completed training equal to the training required by the standards of the peace officer's standards and training commission (POST); and (D) Who successfully completes at least forty (40) hours of appropriate in-service training each year.
(A) In any county having a charter form of government with a population of less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(B) Employed by a probation office operated by a governmental entity;
(C) Who has completed training equal to the training required by the standards of the peace officer's standards and training commission (POST); and
(D) Who successfully completes at least forty (40) hours of appropriate in-service training each year.
(3) Because a probation officer meets the standards and requirements of subdivision (o)(2) does not mean the officer is eligible for the pay supplement for state certified officers authorized in § 38-8-111 .
(4) This subsection (o) shall not apply to a state probation officer employed by the department of correction and paid by the state of Tennessee.
(p) (1) If a defendant is granted probation pursuant to this section and is released to the department charged by law with the supervision of probationers, the department may contract with an approved private probation provider to furnish probation supervision and services to such defendant if: (A) The defendant's conviction offense was for a Class E felony; and (B) The caseloads of state probation officers where the defendant is being supervised are high, resulting in the likelihood that the probationer may receive increased supervision and services from a private probation provider; or (C) The private probation provider offers specialized services, treatment or training that would be beneficial to a probationer but would not be available if the probationer is supervised by the department. (2) To contract with the department for the supervision of felons described in subdivision (p)(1)(A), a private probation provider shall: (A) Meet all qualifications established by the private probation council for entities providing misdemeanor probation services; (B) Keep all records in an electronic format that is accessible upon demand by an approved state agency; (C) Maintain professional liability insurance of not less than one million dollars ($1,000,000) in addition to a general liability policy; and (D) (i) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or (ii) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years. (3) (A) A private probation provider who meets the requirements of subdivision (p)(2) and who wants to contract with the department to provide probation services to felons described in subdivision (p)(1)(A), may register with the department and the private probation council. (B) At the time of registration, the private provider shall submit to the department and council: (i) Such documentation as is necessary to demonstrate that it meets the requirements of subdivision (p)(2); and (ii) A specific plan demonstrating how the use of such provider to supervise and provide services to felons described in subdivision (p)(1)(A), who have been granted probation will further the overall goal of reducing the recidivism rate of probationers. Such plan shall also contain statistics for misdemeanor probation services provided by the private provider for the previous ten (10) years. At a minimum, the statistics contained in the plan shall contain the same information required to be maintained by subdivision (p)(5). (C) If the documentation and recidivism rate reduction plan presented by the private provider demonstrates that it meets the requirements of subdivision (p)(2), the department and council shall approve the private provider and place such provider on a list of companies eligible to contract with the department pursuant to this subsection (p). (4) A supervision contract authorized by this section shall be between the private provider and the department. Once the court grants a person's petition for probation, the department shall be the sole entity that determines who supervises the probationer. No probationer meeting the criteria set out in subdivision (p)(1)(A) shall be placed under the supervision of or supervised by a private provider that has not contracted with the department and is not on the list of companies approved by the department and the council. (5) Any private provider who contracts with the department pursuant to this subsection (p) shall maintain statistics on the probationers supervised pursuant to this subsection (p) and shall submit a quarterly report of such statistics to the person or agency designated by the department. The statistics shall include, but not be limited to: (A) The number of felony probationers described in subdivision (p)(1)(A) the private provider has contracted to supervise; (B) The style of the case which resulted in the defendant being placed on probation; (C) The number of felons described in subdivision (p)(1)(A), whose probation was revoked prior to the end of supervision; and (D) The recidivism rate of the felony probationers supervised by the private provider under a contract authorized by this subsection (p). (6) (A) A private provider contracting to supervise felons described in subdivision (p)(1)(A) may charge a supervision fee not to exceed sixty dollars ($60.00) per month. However, if a probationer cannot afford all or part of the supervision fee, the probationer may go before the court placing the defendant on probation and petition that it be waived or reduced. For good cause shown, the court may waive or reduce the supervision fee in appropriate cases. (B) Willful nonpayment of the supervision fee to the private probation provider shall be grounds for revocation and the provider shall report instances of nonpayment to the department in the manner specified in the contract. (7) No employee of a private provider of probation services shall supervise a felon described in subdivision (p)(1)(A) unless the employee has a bachelor of science degree from an accredited college or university or at least two (2) years of related work experience. (8) This subsection (p) shall not apply to offenders who are governed by the Interstate Compact for Supervision of Adult Offenders, codified in § 40-28-401 . The supervision of those offenders shall be controlled by the compact.
(1) If a defendant is granted probation pursuant to this section and is released to the department charged by law with the supervision of probationers, the department may contract with an approved private probation provider to furnish probation supervision and services to such defendant if: (A) The defendant's conviction offense was for a Class E felony; and (B) The caseloads of state probation officers where the defendant is being supervised are high, resulting in the likelihood that the probationer may receive increased supervision and services from a private probation provider; or (C) The private probation provider offers specialized services, treatment or training that would be beneficial to a probationer but would not be available if the probationer is supervised by the department.
(A) The defendant's conviction offense was for a Class E felony; and
(B) The caseloads of state probation officers where the defendant is being supervised are high, resulting in the likelihood that the probationer may receive increased supervision and services from a private probation provider; or
(C) The private probation provider offers specialized services, treatment or training that would be beneficial to a probationer but would not be available if the probationer is supervised by the department.
(2) To contract with the department for the supervision of felons described in subdivision (p)(1)(A), a private probation provider shall: (A) Meet all qualifications established by the private probation council for entities providing misdemeanor probation services; (B) Keep all records in an electronic format that is accessible upon demand by an approved state agency; (C) Maintain professional liability insurance of not less than one million dollars ($1,000,000) in addition to a general liability policy; and (D) (i) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or (ii) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years.
(A) Meet all qualifications established by the private probation council for entities providing misdemeanor probation services;
(B) Keep all records in an electronic format that is accessible upon demand by an approved state agency;
(C) Maintain professional liability insurance of not less than one million dollars ($1,000,000) in addition to a general liability policy; and
(D) (i) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or (ii) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years.
(i) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or
(ii) Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years.
(3) (A) A private probation provider who meets the requirements of subdivision (p)(2) and who wants to contract with the department to provide probation services to felons described in subdivision (p)(1)(A), may register with the department and the private probation council. (B) At the time of registration, the private provider shall submit to the department and council: (i) Such documentation as is necessary to demonstrate that it meets the requirements of subdivision (p)(2); and (ii) A specific plan demonstrating how the use of such provider to supervise and provide services to felons described in subdivision (p)(1)(A), who have been granted probation will further the overall goal of reducing the recidivism rate of probationers. Such plan shall also contain statistics for misdemeanor probation services provided by the private provider for the previous ten (10) years. At a minimum, the statistics contained in the plan shall contain the same information required to be maintained by subdivision (p)(5). (C) If the documentation and recidivism rate reduction plan presented by the private provider demonstrates that it meets the requirements of subdivision (p)(2), the department and council shall approve the private provider and place such provider on a list of companies eligible to contract with the department pursuant to this subsection (p).
(A) A private probation provider who meets the requirements of subdivision (p)(2) and who wants to contract with the department to provide probation services to felons described in subdivision (p)(1)(A), may register with the department and the private probation council.
(B) At the time of registration, the private provider shall submit to the department and council: (i) Such documentation as is necessary to demonstrate that it meets the requirements of subdivision (p)(2); and (ii) A specific plan demonstrating how the use of such provider to supervise and provide services to felons described in subdivision (p)(1)(A), who have been granted probation will further the overall goal of reducing the recidivism rate of probationers. Such plan shall also contain statistics for misdemeanor probation services provided by the private provider for the previous ten (10) years. At a minimum, the statistics contained in the plan shall contain the same information required to be maintained by subdivision (p)(5).
(i) Such documentation as is necessary to demonstrate that it meets the requirements of subdivision (p)(2); and
(ii) A specific plan demonstrating how the use of such provider to supervise and provide services to felons described in subdivision (p)(1)(A), who have been granted probation will further the overall goal of reducing the recidivism rate of probationers. Such plan shall also contain statistics for misdemeanor probation services provided by the private provider for the previous ten (10) years. At a minimum, the statistics contained in the plan shall contain the same information required to be maintained by subdivision (p)(5).
(C) If the documentation and recidivism rate reduction plan presented by the private provider demonstrates that it meets the requirements of subdivision (p)(2), the department and council shall approve the private provider and place such provider on a list of companies eligible to contract with the department pursuant to this subsection (p).
(4) A supervision contract authorized by this section shall be between the private provider and the department. Once the court grants a person's petition for probation, the department shall be the sole entity that determines who supervises the probationer. No probationer meeting the criteria set out in subdivision (p)(1)(A) shall be placed under the supervision of or supervised by a private provider that has not contracted with the department and is not on the list of companies approved by the department and the council.
(5) Any private provider who contracts with the department pursuant to this subsection (p) shall maintain statistics on the probationers supervised pursuant to this subsection (p) and shall submit a quarterly report of such statistics to the person or agency designated by the department. The statistics shall include, but not be limited to: (A) The number of felony probationers described in subdivision (p)(1)(A) the private provider has contracted to supervise; (B) The style of the case which resulted in the defendant being placed on probation; (C) The number of felons described in subdivision (p)(1)(A), whose probation was revoked prior to the end of supervision; and (D) The recidivism rate of the felony probationers supervised by the private provider under a contract authorized by this subsection (p).
(A) The number of felony probationers described in subdivision (p)(1)(A) the private provider has contracted to supervise;
(B) The style of the case which resulted in the defendant being placed on probation;
(C) The number of felons described in subdivision (p)(1)(A), whose probation was revoked prior to the end of supervision; and
(D) The recidivism rate of the felony probationers supervised by the private provider under a contract authorized by this subsection (p).
(6) (A) A private provider contracting to supervise felons described in subdivision (p)(1)(A) may charge a supervision fee not to exceed sixty dollars ($60.00) per month. However, if a probationer cannot afford all or part of the supervision fee, the probationer may go before the court placing the defendant on probation and petition that it be waived or reduced. For good cause shown, the court may waive or reduce the supervision fee in appropriate cases. (B) Willful nonpayment of the supervision fee to the private probation provider shall be grounds for revocation and the provider shall report instances of nonpayment to the department in the manner specified in the contract.
(A) A private provider contracting to supervise felons described in subdivision (p)(1)(A) may charge a supervision fee not to exceed sixty dollars ($60.00) per month. However, if a probationer cannot afford all or part of the supervision fee, the probationer may go before the court placing the defendant on probation and petition that it be waived or reduced. For good cause shown, the court may waive or reduce the supervision fee in appropriate cases.
(B) Willful nonpayment of the supervision fee to the private probation provider shall be grounds for revocation and the provider shall report instances of nonpayment to the department in the manner specified in the contract.
(7) No employee of a private provider of probation services shall supervise a felon described in subdivision (p)(1)(A) unless the employee has a bachelor of science degree from an accredited college or university or at least two (2) years of related work experience.
(8) This subsection (p) shall not apply to offenders who are governed by the Interstate Compact for Supervision of Adult Offenders, codified in § 40-28-401 . The supervision of those offenders shall be controlled by the compact.
(q) (1) A probation officer shall set any required meetings at times and locations that reasonably accommodate the work schedule of the probationer. Upon approval from the department of correction, the probation officer may utilize a technology portal that allows communication between the probationer and the probation officer to occur in real time by voice and video in place of an in-person meeting between the probationer and the probation officer. (2) The department shall promulgate rules governing a defendant's eligibility for video reporting. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and must include: (A) Minimum standards and guidelines for the authorized technology; (B) Minimum standards and guidelines for how the technology may be used; and (C) Standards for determining the eligibility and suitability of a defendant to meet reporting requirements through the use of such technology. (3) The eligibility and suitability standards under subdivision (q)(2)(C) must include consideration of the severity of the defendant's underlying criminal conviction and the defendant's criminal history, supervision level, and past supervision history.
(1) A probation officer shall set any required meetings at times and locations that reasonably accommodate the work schedule of the probationer. Upon approval from the department of correction, the probation officer may utilize a technology portal that allows communication between the probationer and the probation officer to occur in real time by voice and video in place of an in-person meeting between the probationer and the probation officer.
(2) The department shall promulgate rules governing a defendant's eligibility for video reporting. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and must include: (A) Minimum standards and guidelines for the authorized technology; (B) Minimum standards and guidelines for how the technology may be used; and (C) Standards for determining the eligibility and suitability of a defendant to meet reporting requirements through the use of such technology.
(A) Minimum standards and guidelines for the authorized technology;
(B) Minimum standards and guidelines for how the technology may be used; and
(C) Standards for determining the eligibility and suitability of a defendant to meet reporting requirements through the use of such technology.
(3) The eligibility and suitability standards under subdivision (q)(2)(C) must include consideration of the severity of the defendant's underlying criminal conviction and the defendant's criminal history, supervision level, and past supervision history.
(r) (1) Except as provided in subdivision (r)(2), if an offender is required as a condition of probation to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the offender to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the offender in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (r)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device shall promptly give notice of the violation to the offender's probation officer.
(1) Except as provided in subdivision (r)(2), if an offender is required as a condition of probation to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the offender to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the offender in tampering with, removing, or vandalizing a monitoring device.
(A) For the offender to knowingly tamper with, remove, or vandalize the monitoring device; or
(B) For any person to knowingly aid, abet, or assist the offender in tampering with, removing, or vandalizing a monitoring device.
(2) If a person violates subdivision (r)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 .
(3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device shall promptly give notice of the violation to the offender's probation officer.
Amended by 2024 Tenn. Acts, ch. 874,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 760,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 409, Secs.s 17, s 20 eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 1021, s 1, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 993, s 14, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 902, Secs.s 3, s 5 eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 154, s 38, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 33, s 1, eff. 3/20/2013.
Acts 1989, ch. 591, § 6; 1990, ch. 982, § 4; 1990, ch. 1030, § 32; 1991, ch. 458, § 2; 1992, ch. 1009, § 1; 1993, ch. 221, § 3; 1994, ch. 978, § 3; 1995, ch. 410, § 4; 1997 , ch. 211, § 6; 2000, ch. 740, § 1; 2000, ch. 947, § 8E; 2003 , ch. 408, § 1; 2005, ch. 353, § 7; 2005, ch. 433, § 1; 2005, ch. 455, § 1; 2005, ch. 482, § 7; 2006, ch. 973, § 2; 2007 , ch. 311, § 1; 2007 , ch. 528, § 1; 2009 , ch. 186, § 6; 2010 , ch. 981, §§ 4, 6; 2010 , ch. 1100, § 66; 2012 , ch. 575, § 1; 2012 , ch. 652, § 1; 2012 , ch. 727, § 44; 2012 , ch. 848, § 35.
Tenn. Code Ann. § 40-25-110 — TN Code / Title 40 / Chapter 25 / Section 40-25-110
Fees lost by escape of prisoner - Exception
Status: in_force

(a) No sheriff, jailer or other officer charged with the custody of the prisoner is entitled to any allowance for keeping or removing the prisoner, if the prisoner escapes from the custody of the sheriff or jailer, or from the officer during removal. (b) (1) Where prisoners make their escape from jail by means of force, stratagem or other fraudulent device, and reasonable care and diligence were used by the jailer to prevent the escape, or to secure the prisoner or prisoners in jail, the jailer shall be entitled to fees as jailer; provided, that it shall be clearly made to appear to the satisfaction of the judge of the circuit or criminal court in the county where the escape was made or the cause pending, that the escape was effected in the manner and under the circumstances aforementioned, and that the jailer had used the proper efforts on the jailer's part to recover the prisoner or prisoners. (2) In all cases falling within this subsection (b), it is the duty of the judge to certify the claim for payment as in other bills of cost, and the sheriff or other officers having custody of the prisoner or prisoners shall have all the benefits of this subsection (b). Code 1858, § 5564; Acts 1859-1860, ch. 83, §§ 1-3; Shan., §§ 7586-7588; Code 1932, §§ 12214-12216; T.C.A. (orig. ed.), §§ 40-3310, 40-3311.
(a) No sheriff, jailer or other officer charged with the custody of the prisoner is entitled to any allowance for keeping or removing the prisoner, if the prisoner escapes from the custody of the sheriff or jailer, or from the officer during removal.
(b) (1) Where prisoners make their escape from jail by means of force, stratagem or other fraudulent device, and reasonable care and diligence were used by the jailer to prevent the escape, or to secure the prisoner or prisoners in jail, the jailer shall be entitled to fees as jailer; provided, that it shall be clearly made to appear to the satisfaction of the judge of the circuit or criminal court in the county where the escape was made or the cause pending, that the escape was effected in the manner and under the circumstances aforementioned, and that the jailer had used the proper efforts on the jailer's part to recover the prisoner or prisoners. (2) In all cases falling within this subsection (b), it is the duty of the judge to certify the claim for payment as in other bills of cost, and the sheriff or other officers having custody of the prisoner or prisoners shall have all the benefits of this subsection (b).
(1) Where prisoners make their escape from jail by means of force, stratagem or other fraudulent device, and reasonable care and diligence were used by the jailer to prevent the escape, or to secure the prisoner or prisoners in jail, the jailer shall be entitled to fees as jailer; provided, that it shall be clearly made to appear to the satisfaction of the judge of the circuit or criminal court in the county where the escape was made or the cause pending, that the escape was effected in the manner and under the circumstances aforementioned, and that the jailer had used the proper efforts on the jailer's part to recover the prisoner or prisoners.
(2) In all cases falling within this subsection (b), it is the duty of the judge to certify the claim for payment as in other bills of cost, and the sheriff or other officers having custody of the prisoner or prisoners shall have all the benefits of this subsection (b).
Code 1858, § 5564; Acts 1859-1860, ch. 83, §§ 1-3; Shan., §§ 7586-7588; Code 1932, §§ 12214-12216; T.C.A. (orig. ed.), §§ 40-3310, 40-3311.
Tenn. Code Ann. § 40-11-123 — TN Code / Title 40 / Chapter 11 / Section 40-11-123
Sufficiency of sureties - Evidence
Status: in_force

(a) Each of the sureties shall be worth the amount expressed in the undertaking, subject to the execution; but the court, magistrate or officer in taking bail may allow more than two (2) sureties to justify severally in amounts less than that expressed in the undertaking, if the whole qualification is equivalent to two (2) sufficient sureties. (b) The district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency, in any manner that the district attorney general, or the court, magistrate or officer may deem proper. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties. Acts 1978, ch. 506, §§ 23, 24; T.C.A., § 40-1223.
(a) Each of the sureties shall be worth the amount expressed in the undertaking, subject to the execution; but the court, magistrate or officer in taking bail may allow more than two (2) sureties to justify severally in amounts less than that expressed in the undertaking, if the whole qualification is equivalent to two (2) sufficient sureties.
(b) The district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency, in any manner that the district attorney general, or the court, magistrate or officer may deem proper. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties.
Acts 1978, ch. 506, §§ 23, 24; T.C.A., § 40-1223.
Tenn. Code Ann. § 40-28-104 — TN Code / Title 40 / Chapter 28 / Section 40-28-104
Powers and duties of board - Executive director
Status: in_force

(a) The board is hereby vested and charged with those powers and duties necessary and proper to enable it to fully and effectively carry out this chapter, including, but not limited to: (1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board, except, however, the initial transfer of any preferred service employee pursuant to the merger of probation and parole field services and community corrections pursuant to this chapter shall not result in any impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 ; (2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (3) The authority to develop and implement guidelines for granting or denying parole, which guidelines shall be reviewed and reevaluated by the board at least annually and copies of the guidelines shall be provided to the governor, the commissioner of correction and the appropriate standing committees of the general assembly; (4) The authority to prescribe all forms to be used by the board in the transaction of its business; (5) The authority to adopt an official seal by which its acts and proceedings shall be authenticated, and of which a court or other officials concerned with actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, shall be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board so described therein; (6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as may be necessary for the proper discharge of its duties; (7) The authority to issue subpoenas subject to this chapter; (8) The duty to cooperate with other state agencies in developing and promoting effective parole programs; (9) The duty to keep appropriate records of all its official actions and to make them accessible in accordance with law and the regulations of the board; (10) The duty, upon the request of the governor, to consider and to make nonbinding recommendations concerning all requests for exonerations, pardons, reprieves or commutations. The board shall have discretion to make either favorable or unfavorable recommendations based upon its application of guidelines and criteria adopted by the governor; (11) The duty to adopt written long-range goals and objectives. The goals and objectives shall be reaffirmed or changed, as appropriate, by the board at least once each year; (12) The duty to adopt written policies and procedures to govern its internal operations, taking into consideration the policies and procedures as are reflected in the management standards of the Manual of Standards for Adult Parole Authorities , published by the Commission on Accreditation for Corrections and the American Correctional Association or other authorities that it may wish to consult, it being the legislative intent that the board have authority to freely adopt policies and procedures to meet its own particular needs. Prior to final board adoption of the policies and procedures and prior to change, a draft shall be submitted to the attorney general and reporter for review and comment; and (13) The authority to employ staff attorneys who are licensed to practice law in the state and to employ others as the board may deem necessary. (b) As soon as convenient after their appointment, the members of the board shall meet and organize. They shall appoint an executive director who shall be chief administrative officer of the board whose duties shall include: (1) Supervising the scheduling of appropriate hearings at each correctional institution or facility as may be required; (2) Arranging for the maintenance of parole eligibility lists for the board; (3) Assisting the board in the formulation, development and implementation of procedures and policies; (4) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board; (5) Conducting conferences and managing correspondence with interested persons who wish to be heard concerning the parole or revocation of parole of any committed person eligible for consideration; (6) Supervising all employees of the board; and (7) Developing and maintaining communication and cooperation between the board and other state agencies. Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(4); Acts 1989, ch. 227, §§ 3-6; 1996, ch. 972, § 2; 1998, ch. 1049, §§ 26 - 28, 67; 2012 , ch. 727, § 14; 2012 , ch. 800, § 49.
(a) The board is hereby vested and charged with those powers and duties necessary and proper to enable it to fully and effectively carry out this chapter, including, but not limited to: (1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board, except, however, the initial transfer of any preferred service employee pursuant to the merger of probation and parole field services and community corrections pursuant to this chapter shall not result in any impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 ; (2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (3) The authority to develop and implement guidelines for granting or denying parole, which guidelines shall be reviewed and reevaluated by the board at least annually and copies of the guidelines shall be provided to the governor, the commissioner of correction and the appropriate standing committees of the general assembly; (4) The authority to prescribe all forms to be used by the board in the transaction of its business; (5) The authority to adopt an official seal by which its acts and proceedings shall be authenticated, and of which a court or other officials concerned with actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, shall be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board so described therein; (6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as may be necessary for the proper discharge of its duties; (7) The authority to issue subpoenas subject to this chapter; (8) The duty to cooperate with other state agencies in developing and promoting effective parole programs; (9) The duty to keep appropriate records of all its official actions and to make them accessible in accordance with law and the regulations of the board; (10) The duty, upon the request of the governor, to consider and to make nonbinding recommendations concerning all requests for exonerations, pardons, reprieves or commutations. The board shall have discretion to make either favorable or unfavorable recommendations based upon its application of guidelines and criteria adopted by the governor; (11) The duty to adopt written long-range goals and objectives. The goals and objectives shall be reaffirmed or changed, as appropriate, by the board at least once each year; (12) The duty to adopt written policies and procedures to govern its internal operations, taking into consideration the policies and procedures as are reflected in the management standards of the Manual of Standards for Adult Parole Authorities , published by the Commission on Accreditation for Corrections and the American Correctional Association or other authorities that it may wish to consult, it being the legislative intent that the board have authority to freely adopt policies and procedures to meet its own particular needs. Prior to final board adoption of the policies and procedures and prior to change, a draft shall be submitted to the attorney general and reporter for review and comment; and (13) The authority to employ staff attorneys who are licensed to practice law in the state and to employ others as the board may deem necessary.
(1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board, except, however, the initial transfer of any preferred service employee pursuant to the merger of probation and parole field services and community corrections pursuant to this chapter shall not result in any impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 ;
(2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(3) The authority to develop and implement guidelines for granting or denying parole, which guidelines shall be reviewed and reevaluated by the board at least annually and copies of the guidelines shall be provided to the governor, the commissioner of correction and the appropriate standing committees of the general assembly;
(4) The authority to prescribe all forms to be used by the board in the transaction of its business;
(5) The authority to adopt an official seal by which its acts and proceedings shall be authenticated, and of which a court or other officials concerned with actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, shall be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board so described therein;
(6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as may be necessary for the proper discharge of its duties;
(7) The authority to issue subpoenas subject to this chapter;
(8) The duty to cooperate with other state agencies in developing and promoting effective parole programs;
(9) The duty to keep appropriate records of all its official actions and to make them accessible in accordance with law and the regulations of the board;
(10) The duty, upon the request of the governor, to consider and to make nonbinding recommendations concerning all requests for exonerations, pardons, reprieves or commutations. The board shall have discretion to make either favorable or unfavorable recommendations based upon its application of guidelines and criteria adopted by the governor;
(11) The duty to adopt written long-range goals and objectives. The goals and objectives shall be reaffirmed or changed, as appropriate, by the board at least once each year;
(12) The duty to adopt written policies and procedures to govern its internal operations, taking into consideration the policies and procedures as are reflected in the management standards of the Manual of Standards for Adult Parole Authorities , published by the Commission on Accreditation for Corrections and the American Correctional Association or other authorities that it may wish to consult, it being the legislative intent that the board have authority to freely adopt policies and procedures to meet its own particular needs. Prior to final board adoption of the policies and procedures and prior to change, a draft shall be submitted to the attorney general and reporter for review and comment; and
(13) The authority to employ staff attorneys who are licensed to practice law in the state and to employ others as the board may deem necessary.
(b) As soon as convenient after their appointment, the members of the board shall meet and organize. They shall appoint an executive director who shall be chief administrative officer of the board whose duties shall include: (1) Supervising the scheduling of appropriate hearings at each correctional institution or facility as may be required; (2) Arranging for the maintenance of parole eligibility lists for the board; (3) Assisting the board in the formulation, development and implementation of procedures and policies; (4) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board; (5) Conducting conferences and managing correspondence with interested persons who wish to be heard concerning the parole or revocation of parole of any committed person eligible for consideration; (6) Supervising all employees of the board; and (7) Developing and maintaining communication and cooperation between the board and other state agencies.
(1) Supervising the scheduling of appropriate hearings at each correctional institution or facility as may be required;
(2) Arranging for the maintenance of parole eligibility lists for the board;
(3) Assisting the board in the formulation, development and implementation of procedures and policies;
(4) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board;
(5) Conducting conferences and managing correspondence with interested persons who wish to be heard concerning the parole or revocation of parole of any committed person eligible for consideration;
(6) Supervising all employees of the board; and
(7) Developing and maintaining communication and cooperation between the board and other state agencies.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(4); Acts 1989, ch. 227, §§ 3-6; 1996, ch. 972, § 2; 1998, ch. 1049, §§ 26 - 28, 67; 2012 , ch. 727, § 14; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 40-35-312 — TN Code / Title 40 / Chapter 35 / Section 40-35-312
Costs of revocation proceeding
Status: in_force

In case of a revocation of a suspension, the costs of the revocation shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant was originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that, if the trial judge is of the opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case or, in the alternative, to tax them against the party making the charges against the defendant. Acts 1989, ch. 591, § 6.
In case of a revocation of a suspension, the costs of the revocation shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant was originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that, if the trial judge is of the opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case or, in the alternative, to tax them against the party making the charges against the defendant.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-38-103 — TN Code / Title 40 / Chapter 38 / Section 40-38-103
Rights of crime victims - Generally
Status: in_force

(a) All victims of crime shall, upon their request, have the right to: (1) Be fully informed orally, in writing or by video tape by the office of the district attorney general, acting through the appropriate victim-witness coordinator, of the following: (A) The various steps and procedures involved in the criminal justice system; (B) The procedure and basis for continuances in the proceedings; (C) The procedure involved in the plea-bargaining process and how to request input into the process; (D) The times, dates and locations of all pertinent stages in the proceedings following presentment or indictment by the grand jury; (E) The methods by which the victim may have input into a convicted defendant's sentence, including the presentence report and the sentencing hearing; (F) The stages in the appellate process and how to obtain information concerning appellate action that has an effect on the defendant's conviction or sentence and the date a defendant's sentence becomes final; (G) How to obtain pertinent information relating to the possible release of an appropriate inmate, including notification of any department of correction decision permitting the inmate's release into the community or any scheduled hearing by the board of parole concerning the inmate's parole or application for executive clemency; (H) The methods by which the victim may obtain restitution directly from the defendant and information about obtaining assistance in obtaining restitution; and (I) The methods by which the victim may obtain a monetary award or other benefits from the criminal injuries compensation fund and information about obtaining assistance in securing the award or benefits; (2) Whenever possible, be advised and informed of plea bargaining discussions and agreements prior to the entry of any plea agreement where the victim is a victim of violent crime involving death of a family member or serious bodily injury, speak at parole hearings, submit a victim impact statement to the courts and the board of parole and give impact testimony at court sentencing hearings; (3) Be informed that § 41-21-240 requires the department to notify them, upon their request, at least ninety (90) days prior to the date an inmate with a sentence of two (2) years or more is scheduled to be released by reason of expiration of the inmate's sentence and be informed how the request of the department is made; and (4) Be compensated for expenses actually and reasonably incurred as the result of traveling to and from the trial of the defendant or defendants and traveling to and from appellate, postconviction or habeas corpus proceedings resulting from the trial of the defendant or defendants alleged to have committed a compensable offense subject to title 29, chapter 13, part 1, and the availability of funds in the criminal injuries compensation fund. (b) Upon the request of a victim of violent crime involving serious bodily injury or death of a relative, the victim shall be supplied information and a request form by the law enforcement agency responsible for the investigation of the crime or the arrest of the defendant, the sheriff or other custodian of the defendant, or the victim-witness coordinator as to how the victim or relative of a victim may request and secure notification of the release from custody of an offender from a jail or detention facility prior to trial. The jailer, sheriff, or other custodian of criminal offenders shall maintain a physical or electronic record or file of the victim's request for notification and, prior to the release of an offender about whom a notification request has been made, give immediate and prompt notice of the release to the requesting victim or family member of a victim by the most direct means available, including telephone, messenger, or telegram; provided, that if the victim or family member of a victim is registered with the state's electronic victim notification system, the notice required by this section shall be communicated by the method or methods indicated by the registration in the system. Any identifying information contained in the request forms shall be confidential. For purposes of this subsection (b), "identifying information" means the name, home and work addresses, telephone numbers, email address, and social security number of the person being notified or requesting that notification be provided. (c) In a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney general to show the general appearance and condition of the victim while alive. Amended by 2018 Tenn. Acts, ch. 598, s 3, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 527, s 1, eff. 7/1/2015. Acts 1990, ch. 957, § 3; 1993, ch. 527, §§ 3, 9-11; 1996, ch. 709, § 2; 1997 , ch. 509, § 3; 1998, ch. 1037, § 2; 1998, ch. 1049, § 52; 2009 , ch. 176, § 5.
(a) All victims of crime shall, upon their request, have the right to: (1) Be fully informed orally, in writing or by video tape by the office of the district attorney general, acting through the appropriate victim-witness coordinator, of the following: (A) The various steps and procedures involved in the criminal justice system; (B) The procedure and basis for continuances in the proceedings; (C) The procedure involved in the plea-bargaining process and how to request input into the process; (D) The times, dates and locations of all pertinent stages in the proceedings following presentment or indictment by the grand jury; (E) The methods by which the victim may have input into a convicted defendant's sentence, including the presentence report and the sentencing hearing; (F) The stages in the appellate process and how to obtain information concerning appellate action that has an effect on the defendant's conviction or sentence and the date a defendant's sentence becomes final; (G) How to obtain pertinent information relating to the possible release of an appropriate inmate, including notification of any department of correction decision permitting the inmate's release into the community or any scheduled hearing by the board of parole concerning the inmate's parole or application for executive clemency; (H) The methods by which the victim may obtain restitution directly from the defendant and information about obtaining assistance in obtaining restitution; and (I) The methods by which the victim may obtain a monetary award or other benefits from the criminal injuries compensation fund and information about obtaining assistance in securing the award or benefits; (2) Whenever possible, be advised and informed of plea bargaining discussions and agreements prior to the entry of any plea agreement where the victim is a victim of violent crime involving death of a family member or serious bodily injury, speak at parole hearings, submit a victim impact statement to the courts and the board of parole and give impact testimony at court sentencing hearings; (3) Be informed that § 41-21-240 requires the department to notify them, upon their request, at least ninety (90) days prior to the date an inmate with a sentence of two (2) years or more is scheduled to be released by reason of expiration of the inmate's sentence and be informed how the request of the department is made; and (4) Be compensated for expenses actually and reasonably incurred as the result of traveling to and from the trial of the defendant or defendants and traveling to and from appellate, postconviction or habeas corpus proceedings resulting from the trial of the defendant or defendants alleged to have committed a compensable offense subject to title 29, chapter 13, part 1, and the availability of funds in the criminal injuries compensation fund.
(1) Be fully informed orally, in writing or by video tape by the office of the district attorney general, acting through the appropriate victim-witness coordinator, of the following: (A) The various steps and procedures involved in the criminal justice system; (B) The procedure and basis for continuances in the proceedings; (C) The procedure involved in the plea-bargaining process and how to request input into the process; (D) The times, dates and locations of all pertinent stages in the proceedings following presentment or indictment by the grand jury; (E) The methods by which the victim may have input into a convicted defendant's sentence, including the presentence report and the sentencing hearing; (F) The stages in the appellate process and how to obtain information concerning appellate action that has an effect on the defendant's conviction or sentence and the date a defendant's sentence becomes final; (G) How to obtain pertinent information relating to the possible release of an appropriate inmate, including notification of any department of correction decision permitting the inmate's release into the community or any scheduled hearing by the board of parole concerning the inmate's parole or application for executive clemency; (H) The methods by which the victim may obtain restitution directly from the defendant and information about obtaining assistance in obtaining restitution; and (I) The methods by which the victim may obtain a monetary award or other benefits from the criminal injuries compensation fund and information about obtaining assistance in securing the award or benefits;
(A) The various steps and procedures involved in the criminal justice system;
(B) The procedure and basis for continuances in the proceedings;
(C) The procedure involved in the plea-bargaining process and how to request input into the process;
(D) The times, dates and locations of all pertinent stages in the proceedings following presentment or indictment by the grand jury;
(E) The methods by which the victim may have input into a convicted defendant's sentence, including the presentence report and the sentencing hearing;
(F) The stages in the appellate process and how to obtain information concerning appellate action that has an effect on the defendant's conviction or sentence and the date a defendant's sentence becomes final;
(G) How to obtain pertinent information relating to the possible release of an appropriate inmate, including notification of any department of correction decision permitting the inmate's release into the community or any scheduled hearing by the board of parole concerning the inmate's parole or application for executive clemency;
(H) The methods by which the victim may obtain restitution directly from the defendant and information about obtaining assistance in obtaining restitution; and
(I) The methods by which the victim may obtain a monetary award or other benefits from the criminal injuries compensation fund and information about obtaining assistance in securing the award or benefits;
(2) Whenever possible, be advised and informed of plea bargaining discussions and agreements prior to the entry of any plea agreement where the victim is a victim of violent crime involving death of a family member or serious bodily injury, speak at parole hearings, submit a victim impact statement to the courts and the board of parole and give impact testimony at court sentencing hearings;
(3) Be informed that § 41-21-240 requires the department to notify them, upon their request, at least ninety (90) days prior to the date an inmate with a sentence of two (2) years or more is scheduled to be released by reason of expiration of the inmate's sentence and be informed how the request of the department is made; and
(4) Be compensated for expenses actually and reasonably incurred as the result of traveling to and from the trial of the defendant or defendants and traveling to and from appellate, postconviction or habeas corpus proceedings resulting from the trial of the defendant or defendants alleged to have committed a compensable offense subject to title 29, chapter 13, part 1, and the availability of funds in the criminal injuries compensation fund.
(b) Upon the request of a victim of violent crime involving serious bodily injury or death of a relative, the victim shall be supplied information and a request form by the law enforcement agency responsible for the investigation of the crime or the arrest of the defendant, the sheriff or other custodian of the defendant, or the victim-witness coordinator as to how the victim or relative of a victim may request and secure notification of the release from custody of an offender from a jail or detention facility prior to trial. The jailer, sheriff, or other custodian of criminal offenders shall maintain a physical or electronic record or file of the victim's request for notification and, prior to the release of an offender about whom a notification request has been made, give immediate and prompt notice of the release to the requesting victim or family member of a victim by the most direct means available, including telephone, messenger, or telegram; provided, that if the victim or family member of a victim is registered with the state's electronic victim notification system, the notice required by this section shall be communicated by the method or methods indicated by the registration in the system. Any identifying information contained in the request forms shall be confidential. For purposes of this subsection (b), "identifying information" means the name, home and work addresses, telephone numbers, email address, and social security number of the person being notified or requesting that notification be provided.
(c) In a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney general to show the general appearance and condition of the victim while alive.
Amended by 2018 Tenn. Acts, ch. 598, s 3, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 527, s 1, eff. 7/1/2015.
Acts 1990, ch. 957, § 3; 1993, ch. 527, §§ 3, 9-11; 1996, ch. 709, § 2; 1997 , ch. 509, § 3; 1998, ch. 1037, § 2; 1998, ch. 1049, § 52; 2009 , ch. 176, § 5.
Tenn. Code Ann. § 40-9-127 — TN Code / Title 40 / Chapter 9 / Section 40-9-127
Expenses paid by county
Status: in_force

(a) When a warrant is sworn before any general sessions judge or any indictment returned by a grand jury, charging any person with a felonious crime and the person has absconded beyond the borders of this state, and on authority of the district attorney general, then the county mayor of the county in which the crime has been committed shall pay to the sheriff or to one (1) officer named by the district attorney general of the county who has gone for the person the same mileage allowance received by a state employee using a personal vehicle for the convenience of the state in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter for each mile necessarily traveled in going and coming, both inside and outside the state of Tennessee, and reasonable expenses for meals and lodging. The person so designated shall be known as the "demanding agent," and shall be empowered to contract with another person to accompany the demanding agent on the trip and to serve as guard, the person having been first approved in writing by the authorities who appointed the demanding agent. Only the demanding agent shall be paid the mileage allowance, as provided in this subsection (a), with only the actual expenses of the guard being paid. When the guard travels with the demanding agent in the personal automobile of the demanding agent, or in any automobile belonging to any political subdivision or agency, no allowance will be granted the guard for transportation expense, and when commercial transportation is used, then only the actual cost of fare. (b) The demanding agent shall be reimbursed the actual money expended by the demanding agent for transportation costs of the fugitive with no reimbursement being allowed when the fugitive is returned in the personal automobile of the demanding agent and only actual cost of fare for the fugitive when a commercial carrier is used. The demanding agent shall further be reimbursed reasonable expenses of meals and lodging for the fugitive, plus any and all costs, paid by the agent, that are imposed by the responding state as a prerequisite to release of custody of the fugitive to the demanding agent. (c) Upon the sheriff's or named officer's return, the sheriff or officer shall give to each official named in this section an itemized statement supported with receipts for each item of expense and make a sworn affidavit covering all expenditures. The receipt of the sheriff or named officer so returning the fugitive charged with a felonious crime shall be a voucher for the amount thereof of the chair of the board of county commissioners in the sheriff's settlement with the county; provided, that no designation by the county mayor shall be necessary to authorize the sheriff or named officer to act and draw pay under this section, and that the county mayor shall have no power to designate any person. The officers named by the district attorney general of the county shall not exceed two (2); one (1) to be designated as demanding agent and one (1) to be designated as guard, for each fugitive returned under this section. (d) In this section, "reasonable expenses" are determined to be in close cost proximity as allowed state employees in the pamphlet, "State of Tennessee - Comprehensive Travel Regulations." (e) This section shall apply only when the case is actually tried by a jury, or the defendant pleads guilty. (f) All sums paid by any county or the county mayor, to the sheriff or named officer for returning an absconding felon shall be certified to the clerk of the criminal court of the county and all sums then to be assessed as part of the costs of the court in the case. Acts 1953, ch. 176, § 1 (Williams, § 11923.1); 1957, ch. 271, § 1; 1961, ch. 119, § 3; 1963, ch. 359, § 1; 1971, ch. 244, § 2; 1977, ch. 307, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 40-1032; Acts 1991, ch. 107, §2; 2003 , ch. 90, § 2.
(a) When a warrant is sworn before any general sessions judge or any indictment returned by a grand jury, charging any person with a felonious crime and the person has absconded beyond the borders of this state, and on authority of the district attorney general, then the county mayor of the county in which the crime has been committed shall pay to the sheriff or to one (1) officer named by the district attorney general of the county who has gone for the person the same mileage allowance received by a state employee using a personal vehicle for the convenience of the state in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter for each mile necessarily traveled in going and coming, both inside and outside the state of Tennessee, and reasonable expenses for meals and lodging. The person so designated shall be known as the "demanding agent," and shall be empowered to contract with another person to accompany the demanding agent on the trip and to serve as guard, the person having been first approved in writing by the authorities who appointed the demanding agent. Only the demanding agent shall be paid the mileage allowance, as provided in this subsection (a), with only the actual expenses of the guard being paid. When the guard travels with the demanding agent in the personal automobile of the demanding agent, or in any automobile belonging to any political subdivision or agency, no allowance will be granted the guard for transportation expense, and when commercial transportation is used, then only the actual cost of fare.
(b) The demanding agent shall be reimbursed the actual money expended by the demanding agent for transportation costs of the fugitive with no reimbursement being allowed when the fugitive is returned in the personal automobile of the demanding agent and only actual cost of fare for the fugitive when a commercial carrier is used. The demanding agent shall further be reimbursed reasonable expenses of meals and lodging for the fugitive, plus any and all costs, paid by the agent, that are imposed by the responding state as a prerequisite to release of custody of the fugitive to the demanding agent.
(c) Upon the sheriff's or named officer's return, the sheriff or officer shall give to each official named in this section an itemized statement supported with receipts for each item of expense and make a sworn affidavit covering all expenditures. The receipt of the sheriff or named officer so returning the fugitive charged with a felonious crime shall be a voucher for the amount thereof of the chair of the board of county commissioners in the sheriff's settlement with the county; provided, that no designation by the county mayor shall be necessary to authorize the sheriff or named officer to act and draw pay under this section, and that the county mayor shall have no power to designate any person. The officers named by the district attorney general of the county shall not exceed two (2); one (1) to be designated as demanding agent and one (1) to be designated as guard, for each fugitive returned under this section.
(d) In this section, "reasonable expenses" are determined to be in close cost proximity as allowed state employees in the pamphlet, "State of Tennessee - Comprehensive Travel Regulations."
(e) This section shall apply only when the case is actually tried by a jury, or the defendant pleads guilty.
(f) All sums paid by any county or the county mayor, to the sheriff or named officer for returning an absconding felon shall be certified to the clerk of the criminal court of the county and all sums then to be assessed as part of the costs of the court in the case.
Acts 1953, ch. 176, § 1 (Williams, § 11923.1); 1957, ch. 271, § 1; 1961, ch. 119, § 3; 1963, ch. 359, § 1; 1971, ch. 244, § 2; 1977, ch. 307, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 40-1032; Acts 1991, ch. 107, §2; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 40-23-106 — TN Code / Title 40 / Chapter 23 / Section 40-23-106
Notice to commissioner of convicts for penitentiary
Status: in_force

At the adjournment of any court, or upon final disposition of a case prior to the adjournment of the court, it is the duty of the clerk of the court to notify the commissioner of correction of the number of convicts for the penitentiary, and that notification shall be made within five (5) days. Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, §§5, 20; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7239; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11845; Acts 1941, ch. 14, § 1; C. Supp. 1950, § 11845; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3107.
At the adjournment of any court, or upon final disposition of a case prior to the adjournment of the court, it is the duty of the clerk of the court to notify the commissioner of correction of the number of convicts for the penitentiary, and that notification shall be made within five (5) days.
Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, §§5, 20; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7239; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11845; Acts 1941, ch. 14, § 1; C. Supp. 1950, § 11845; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3107.
Tenn. Code Ann. § 40-30-113 — TN Code / Title 40 / Chapter 30 / Section 40-30-113
Petitioner unconstitutionally denied appeal - Procedure
Status: in_force

(a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a review, the judge can: (1) If a transcript was filed, grant a delayed appeal; (2) If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or (3) If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure. (b) An order granting proceedings for a delayed appeal shall be deemed the final judgment for purposes of review. If either party does appeal, the time limits provided in this section shall be computed from the date the clerk of the trial court receives the order of the appellate court determining the appeal. (c) The judge of the court which sentenced a prisoner who has sought and obtained relief from that sentence by any procedure in a federal court is likewise empowered to grant the relief provided in this section. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-213.
(a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a review, the judge can: (1) If a transcript was filed, grant a delayed appeal; (2) If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or (3) If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure.
(1) If a transcript was filed, grant a delayed appeal;
(2) If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or
(3) If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure.
(b) An order granting proceedings for a delayed appeal shall be deemed the final judgment for purposes of review. If either party does appeal, the time limits provided in this section shall be computed from the date the clerk of the trial court receives the order of the appellate court determining the appeal.
(c) The judge of the court which sentenced a prisoner who has sought and obtained relief from that sentence by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-213.
Tenn. Code Ann. § 40-11-149 — TN Code / Title 40 / Chapter 11 / Section 40-11-149
Attorney not permitted to sign bond in criminal case
Status: in_force

(a) It is an offense for an attorney practicing in any of the courts of this state to sign any bond, or enter into any recognizance, as surety for the appearance of any person, other than a member of the attorney's immediate family, in any criminal case pending against the person in any of the courts in this state. (b) A violation of subsection (a) is a Class C misdemeanor with no incarceration permitted. Acts 1989, ch. 591, § 2.
(a) It is an offense for an attorney practicing in any of the courts of this state to sign any bond, or enter into any recognizance, as surety for the appearance of any person, other than a member of the attorney's immediate family, in any criminal case pending against the person in any of the courts in this state.
(b) A violation of subsection (a) is a Class C misdemeanor with no incarceration permitted.
Acts 1989, ch. 591, § 2.
Tenn. Code Ann. § 40-17-120 — TN Code / Title 40 / Chapter 17 / Section 40-17-120
Prior statements of witnesses - Requiring production
Status: in_force

(a) After a witness called by either the state or the defendant in a criminal case has testified on direct examination, the court shall, on motion, order the state or the defense to produce any statement of the witness in the state's or the defense's possession which relates to the subject matter as to which the witness has testified. Upon request by the state or the defense made upon calling a witness and in advance of direct testimony, the court shall first inspect the statement in camera to determine if it contains matter relating to the subject matter of the testimony. The court shall excise those portions which do not relate to the subject matter of the testimony; however, in the event of conviction and appeal, on motion by either party, the entire statement shall be made available to the reviewing courts. If the party calling a witness elects not to comply with this subsection (a), the court shall have the witness withdraw and shall not allow any direct testimony. (b) "Statement," as used in this section, means: (1) A written statement made by a witness and signed, or otherwise adopted or approved by the witness; or (2) A stenographic, mechanical, electrical or other recording of a statement, or a transcript or summary of the statement, which is an essentially verbatim recital of an oral statement made by the witness. Acts 1976, ch. 628, §§ 1, 2; 1978, ch. 711, § 1; T.C.A. § 40-2446.
(a) After a witness called by either the state or the defendant in a criminal case has testified on direct examination, the court shall, on motion, order the state or the defense to produce any statement of the witness in the state's or the defense's possession which relates to the subject matter as to which the witness has testified. Upon request by the state or the defense made upon calling a witness and in advance of direct testimony, the court shall first inspect the statement in camera to determine if it contains matter relating to the subject matter of the testimony. The court shall excise those portions which do not relate to the subject matter of the testimony; however, in the event of conviction and appeal, on motion by either party, the entire statement shall be made available to the reviewing courts. If the party calling a witness elects not to comply with this subsection (a), the court shall have the witness withdraw and shall not allow any direct testimony.
(b) "Statement," as used in this section, means: (1) A written statement made by a witness and signed, or otherwise adopted or approved by the witness; or (2) A stenographic, mechanical, electrical or other recording of a statement, or a transcript or summary of the statement, which is an essentially verbatim recital of an oral statement made by the witness.
(1) A written statement made by a witness and signed, or otherwise adopted or approved by the witness; or
(2) A stenographic, mechanical, electrical or other recording of a statement, or a transcript or summary of the statement, which is an essentially verbatim recital of an oral statement made by the witness.
Acts 1976, ch. 628, §§ 1, 2; 1978, ch. 711, § 1; T.C.A. § 40-2446.
Tenn. Code Ann. § 40-38-203 — TN Code / Title 40 / Chapter 38 / Section 40-38-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim; (2) "Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated; and (3) "Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative. Acts 1993, ch. 438, § 3.
As used in this part, unless the context otherwise requires:
(1) "Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim;
(2) "Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated; and
(3) "Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative.
Acts 1993, ch. 438, § 3.
Tenn. Code Ann. § 40-1-105 — TN Code / Title 40 / Chapter 1 / Section 40-1-105
False affidavit to obtain parole or pardon
Status: in_force

The venue in case of a violation of § 39-16-703 in making a misstatement of fact in an affidavit used or intended to be used in securing a parole or pardon for any misdemeanant or felon in this state shall be in the county where the affidavit was made, if it was made in any county in Tennessee, and also in the county of this state where the officer or board has its place of business. In case the affidavit is made before some officer outside the limits of this state, then the venue shall be the county in this state where the officer or board with whom the affidavit is filed has its regular place of business. Acts 1919, ch. 73, § 2; Shan. Supp., § 6700a2; Code 1932, § 11079; modified; T.C.A. (orig. ed.), § 40-113.
The venue in case of a violation of § 39-16-703 in making a misstatement of fact in an affidavit used or intended to be used in securing a parole or pardon for any misdemeanant or felon in this state shall be in the county where the affidavit was made, if it was made in any county in Tennessee, and also in the county of this state where the officer or board has its place of business. In case the affidavit is made before some officer outside the limits of this state, then the venue shall be the county in this state where the officer or board with whom the affidavit is filed has its regular place of business.
Acts 1919, ch. 73, § 2; Shan. Supp., § 6700a2; Code 1932, § 11079; modified; T.C.A. (orig. ed.), § 40-113.
Tenn. Code Ann. § 40-25-112 — TN Code / Title 40 / Chapter 25 / Section 40-25-112
Limitation on sheriff's fees
Status: in_force

The sheriff and guard shall be entitled to no other compensation than that which is allowed by this code. Code 1858, §5592; Shan., § 7633; Code 1932, § 12262; T.C.A. (orig. ed.), § 40-3313.
The sheriff and guard shall be entitled to no other compensation than that which is allowed by this code.
Code 1858, §5592; Shan., § 7633; Code 1932, § 12262; T.C.A. (orig. ed.), § 40-3313.
Tenn. Code Ann. § 40-17-113 — TN Code / Title 40 / Chapter 17 / Section 40-17-113
Fees allowed for days fixed by court - Maximum number of days
Status: in_force

No fees shall be allowed witnesses for attendance on any other day or days than those fixed in the subpoena or in orders of the court. Not more than three (3) days' attendance shall be taxed in any one (1) week in favor of any one (1) witness in one (1) case, except witnesses attending from other counties, unless required to remain more than three (3) days by order of the court. Acts 1879, ch. 157, § 2; Shan., § 7640; Code 1932, § 12269; T.C.A. (orig. ed.), § 40-2422.
No fees shall be allowed witnesses for attendance on any other day or days than those fixed in the subpoena or in orders of the court. Not more than three (3) days' attendance shall be taxed in any one (1) week in favor of any one (1) witness in one (1) case, except witnesses attending from other counties, unless required to remain more than three (3) days by order of the court.
Acts 1879, ch. 157, § 2; Shan., § 7640; Code 1932, § 12269; T.C.A. (orig. ed.), § 40-2422.
Tenn. Code Ann. § 40-39-206 — TN Code / Title 40 / Chapter 39 / Section 40-39-206
Centralized record system - Reporting - Violations - Confidentiality of certain registration information - Immunity from liability - Public information regarding offenders
Status: in_force

(a) Using information received or collected pursuant to this part, the TBI shall establish, maintain and update a centralized record system of offender registration, verification and tracking information. The TBI may receive information from any credible source and may forward the information to the appropriate law enforcement agency for investigation and verification. The TBI shall promptly report current sexual offender registration, verification and tracking information to the identification division of the federal bureau of investigation. (b) Whenever there is a factual basis to believe that an offender has not complied with this part, pursuant to the powers enumerated in subsection (e), the TBI shall make the information available through the SOR to the district attorney general, designated law enforcement agencies and the probation officer, parole officer or other public officer or employee assigned responsibility for the offender's supervised release. (c) Notwithstanding any law to the contrary, officers and employees of the TBI, local law enforcement, law enforcement agencies of institutions of higher education, courts, probation and parole, the district attorneys general and their employees and other public officers and employees assigned responsibility for offenders' supervised release into the community shall be immune from liability relative to their good faith actions, omissions and conduct pursuant to this part. (d) For any offender convicted in this state of a sexual offense or violent sexual offense, as defined by this part, that requires the offender to register pursuant to this part, the information concerning the registered offender set out in subdivisions (d)(1)-(16) shall be considered public information. If an offender from another state establishes a residence in this state and is required to register in this state pursuant to § 40-39-203 , the information concerning the registered offender set out in subdivisions (d)(1)-(16) shall be considered public information regardless of the date of conviction of the offender in the other state. In addition to making the information available in the same manner as public records, the TBI shall prepare and place the information on the state's internet home page. This information shall become a part of the Tennessee internet criminal information center when that center is created within the TBI. The TBI shall also establish and operate a toll-free telephone number, to be known as the "Tennessee Internet Criminal Information Center Hotline," to permit members of the public to call and inquire as to whether a named individual is listed among those who have registered as offenders as required by this part. The following information concerning a registered offender is public: (1) The offender's complete name, as well as any 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) The offender's date of birth; (3) The sexual offense or offenses or violent sexual offense or offenses of which the offender has been convicted; (4) The primary and secondary addresses, including the house number, county, city and ZIP code in which the offender resides; (5) The offender's race and gender; (6) The date of last verification of information by the offender; (7) The most recent photograph of the offender that has been submitted to the TBI SOR; (8) The offender's driver license number and issuing state or any state or federal issued identification number; (9) The offender's parole or probation officer; (10) The name and address of any institution of higher education in the state at which the offender is employed, carries on a vocation or is a student; (11) The text of the provision of law or laws defining the criminal offense or offenses for which the offender is registered; (12) A physical description of the offender, including height, weight, color of eyes and hair, tattoos, scars and marks; (13) The criminal history of the offender, including the date of all arrests and convictions, the status of parole, probation or supervised release, registration status and the existence of any outstanding arrest warrants for the sex offender; (14) The address of the offender's employer or employers; (15) The license plate number and a description of all of the offender's vehicles; and (16) Whether the offender is an offender against children, as defined by § 40-39-202 . (e) For any violent juvenile sexual offender who is adjudicated for a violent juvenile sexual offense, the information concerning the violent juvenile sexual offender set out in (d) shall be confidential, except as otherwise provided under § 40-39-207(j) and any other provision of law. (f) The TBI has the authority to promulgate any necessary rules to implement and administer this section. These rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2014 Tenn. Acts, ch. 770, s 4, eff. 7/1/2014. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2007 , ch. 531, §§ 1, 2; 2008 , ch. 1164, §§ 5, 6, 15; 2010 , ch. 1138, §§ 8-10; 2011 , ch. 483, § 14.
(a) Using information received or collected pursuant to this part, the TBI shall establish, maintain and update a centralized record system of offender registration, verification and tracking information. The TBI may receive information from any credible source and may forward the information to the appropriate law enforcement agency for investigation and verification. The TBI shall promptly report current sexual offender registration, verification and tracking information to the identification division of the federal bureau of investigation.
(b) Whenever there is a factual basis to believe that an offender has not complied with this part, pursuant to the powers enumerated in subsection (e), the TBI shall make the information available through the SOR to the district attorney general, designated law enforcement agencies and the probation officer, parole officer or other public officer or employee assigned responsibility for the offender's supervised release.
(c) Notwithstanding any law to the contrary, officers and employees of the TBI, local law enforcement, law enforcement agencies of institutions of higher education, courts, probation and parole, the district attorneys general and their employees and other public officers and employees assigned responsibility for offenders' supervised release into the community shall be immune from liability relative to their good faith actions, omissions and conduct pursuant to this part.
(d) For any offender convicted in this state of a sexual offense or violent sexual offense, as defined by this part, that requires the offender to register pursuant to this part, the information concerning the registered offender set out in subdivisions (d)(1)-(16) shall be considered public information. If an offender from another state establishes a residence in this state and is required to register in this state pursuant to § 40-39-203 , the information concerning the registered offender set out in subdivisions (d)(1)-(16) shall be considered public information regardless of the date of conviction of the offender in the other state. In addition to making the information available in the same manner as public records, the TBI shall prepare and place the information on the state's internet home page. This information shall become a part of the Tennessee internet criminal information center when that center is created within the TBI. The TBI shall also establish and operate a toll-free telephone number, to be known as the "Tennessee Internet Criminal Information Center Hotline," to permit members of the public to call and inquire as to whether a named individual is listed among those who have registered as offenders as required by this part. The following information concerning a registered offender is public: (1) The offender's complete name, as well as any 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) The offender's date of birth; (3) The sexual offense or offenses or violent sexual offense or offenses of which the offender has been convicted; (4) The primary and secondary addresses, including the house number, county, city and ZIP code in which the offender resides; (5) The offender's race and gender; (6) The date of last verification of information by the offender; (7) The most recent photograph of the offender that has been submitted to the TBI SOR; (8) The offender's driver license number and issuing state or any state or federal issued identification number; (9) The offender's parole or probation officer; (10) The name and address of any institution of higher education in the state at which the offender is employed, carries on a vocation or is a student; (11) The text of the provision of law or laws defining the criminal offense or offenses for which the offender is registered; (12) A physical description of the offender, including height, weight, color of eyes and hair, tattoos, scars and marks; (13) The criminal history of the offender, including the date of all arrests and convictions, the status of parole, probation or supervised release, registration status and the existence of any outstanding arrest warrants for the sex offender; (14) The address of the offender's employer or employers; (15) The license plate number and a description of all of the offender's vehicles; and (16) Whether the offender is an offender against children, as defined by § 40-39-202 .
(1) The offender's complete name, as well as any 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) The offender's date of birth;
(3) The sexual offense or offenses or violent sexual offense or offenses of which the offender has been convicted;
(4) The primary and secondary addresses, including the house number, county, city and ZIP code in which the offender resides;
(5) The offender's race and gender;
(6) The date of last verification of information by the offender;
(7) The most recent photograph of the offender that has been submitted to the TBI SOR;
(8) The offender's driver license number and issuing state or any state or federal issued identification number;
(9) The offender's parole or probation officer;
(10) The name and address of any institution of higher education in the state at which the offender is employed, carries on a vocation or is a student;
(11) The text of the provision of law or laws defining the criminal offense or offenses for which the offender is registered;
(12) A physical description of the offender, including height, weight, color of eyes and hair, tattoos, scars and marks;
(13) The criminal history of the offender, including the date of all arrests and convictions, the status of parole, probation or supervised release, registration status and the existence of any outstanding arrest warrants for the sex offender;
(14) The address of the offender's employer or employers;
(15) The license plate number and a description of all of the offender's vehicles; and
(16) Whether the offender is an offender against children, as defined by § 40-39-202 .
(e) For any violent juvenile sexual offender who is adjudicated for a violent juvenile sexual offense, the information concerning the violent juvenile sexual offender set out in (d) shall be confidential, except as otherwise provided under § 40-39-207(j) and any other provision of law.
(f) The TBI has the authority to promulgate any necessary rules to implement and administer this section. These rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2014 Tenn. Acts, ch. 770, s 4, eff. 7/1/2014.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2007 , ch. 531, §§ 1, 2; 2008 , ch. 1164, §§ 5, 6, 15; 2010 , ch. 1138, §§ 8-10; 2011 , ch. 483, § 14.
Tenn. Code Ann. § 40-38-201 — TN Code / Title 40 / Chapter 38 / Section 40-38-201
Short title
Status: in_force

This part shall be known and may be cited as the "Victim Impact Statement Act." Acts 1993, ch. 438, § 1.
This part shall be known and may be cited as the "Victim Impact Statement Act."
Acts 1993, ch. 438, § 1.
Tenn. Code Ann. § 40-9-123 — TN Code / Title 40 / Chapter 9 / Section 40-9-123
Application for requisition of person charged with crime
Status: in_force

When the return to this state of a person charged with a crime in this state is required, the district attorney general, for the county in which the offense is committed, shall present to the governor written application for a requisition for the return of the person charged. The application shall state the name of the person so charged; the crime charged against the person; the approximate time, place and circumstances of its committal; and the state in which the accused is believed to be, including the location of the accused therein at the time the application is made. The application shall also certify that in the opinion of the district attorney general the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. Acts 1951, ch. 240, § 23 (Williams, § 11935.23); modified; T.C.A. (orig. ed.), § 40-1025.
When the return to this state of a person charged with a crime in this state is required, the district attorney general, for the county in which the offense is committed, shall present to the governor written application for a requisition for the return of the person charged. The application shall state the name of the person so charged; the crime charged against the person; the approximate time, place and circumstances of its committal; and the state in which the accused is believed to be, including the location of the accused therein at the time the application is made. The application shall also certify that in the opinion of the district attorney general the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
Acts 1951, ch. 240, § 23 (Williams, § 11935.23); modified; T.C.A. (orig. ed.), § 40-1025.