Tenn. Code Ann. § 40-11-406 — TN Code / Title 40 / Chapter 11 / Section 40-11-406
Continuing education class requirements - Review of criminal background - Applicant appeal rights - Fees - Liability
Status: in_force

(a) A person shall not attend a continuing education class under this part who has been convicted in any state of a crime equivalent to: (1) A felony in this state; or (2) Two (2) or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state if the misdemeanor convictions occurred within five (5) years of the date of the continuing education class. (b) (1) Not less than ninety (90) days before a scheduled continuing education class, an applicant seeking to attend a continuing education class pursuant to this part must submit to a criminal history background check as provided by § 38-6-109 , with the results being reported as follows: (A) An applicant who has been previously approved as a professional bondsman or an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the professional bondsman or the agent is approved to write appearance bonds; (B) An applicant who will be seeking approval as a professional bondsman or as an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the prospective professional bondsman or agent will be seeking approval to write appearance bonds; and (C) All other applicants must have the results reported to the clerk of a court of record with criminal jurisdiction within the county in which the applicant resides. (2) The criminal history background check required by this section must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The applicant is responsible for any fees associated with the criminal history background check. (c) (1) Upon receipt of a criminal history background check, the clerk of the court of record with criminal jurisdiction shall review the background check to determine whether the applicant has a disqualifying criminal history. The clerk may consult with the office of the district attorney general for the judicial district in making the determination required by this subdivision (c)(1). (2) If the clerk determines that an applicant has a disqualifying criminal history, then the clerk must inform the applicant and the Tennessee Association of Professional Bail Agents not less than sixty (60) days prior to the scheduled continuing education class that the applicant is ineligible to attend the continuing education class. (3) If the clerk fails to come to a decision, then the applicant is presumed to have no disqualifying criminal history. (d) (1) If the applicant believes that the decision of the clerk is in error or that there are extenuating circumstances that would permit attendance notwithstanding the criminal history, then the applicant may appeal the clerk's decision within ten (10) days to the court of record with criminal jurisdiction within the county where the criminal history background check was received. (2) All appeals must be in writing, setting forth the grounds for the appeal. (3) The court hearing the appeal shall give written notice of its decision not less than fifteen (15) days before the scheduled continuing education class. If the court fails to provide written notice within the time period prescribed by this subdivision (d)(3), then the court must give written notice as to when the decision will occur, or if no such notice is given, then the clerk's decision is deemed final. (e) An applicant has a right to appeal the court's decision to the court of criminal appeals within thirty (30) days. (f) The clerk of the criminal court is authorized to charge a fee of not more than ten dollars ($10.00) to receive and process the application and the criminal history background check. (g) The Tennessee Association of Professional Bail Agents and its agents, contractors, and employees are not liable to any person for damages resulting from a determination made pursuant to this section. Added by 2023 Tenn. Acts, ch. 417, s 2, eff. 1/1/2025.
(a) A person shall not attend a continuing education class under this part who has been convicted in any state of a crime equivalent to: (1) A felony in this state; or (2) Two (2) or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state if the misdemeanor convictions occurred within five (5) years of the date of the continuing education class.
(1) A felony in this state; or
(2) Two (2) or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state if the misdemeanor convictions occurred within five (5) years of the date of the continuing education class.
(b) (1) Not less than ninety (90) days before a scheduled continuing education class, an applicant seeking to attend a continuing education class pursuant to this part must submit to a criminal history background check as provided by § 38-6-109 , with the results being reported as follows: (A) An applicant who has been previously approved as a professional bondsman or an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the professional bondsman or the agent is approved to write appearance bonds; (B) An applicant who will be seeking approval as a professional bondsman or as an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the prospective professional bondsman or agent will be seeking approval to write appearance bonds; and (C) All other applicants must have the results reported to the clerk of a court of record with criminal jurisdiction within the county in which the applicant resides. (2) The criminal history background check required by this section must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The applicant is responsible for any fees associated with the criminal history background check.
(1) Not less than ninety (90) days before a scheduled continuing education class, an applicant seeking to attend a continuing education class pursuant to this part must submit to a criminal history background check as provided by § 38-6-109 , with the results being reported as follows: (A) An applicant who has been previously approved as a professional bondsman or an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the professional bondsman or the agent is approved to write appearance bonds; (B) An applicant who will be seeking approval as a professional bondsman or as an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the prospective professional bondsman or agent will be seeking approval to write appearance bonds; and (C) All other applicants must have the results reported to the clerk of a court of record with criminal jurisdiction within the county in which the applicant resides.
(A) An applicant who has been previously approved as a professional bondsman or an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the professional bondsman or the agent is approved to write appearance bonds;
(B) An applicant who will be seeking approval as a professional bondsman or as an agent of a professional bondsman must have the results reported to the clerk of a court of record with criminal jurisdiction within a county in which the prospective professional bondsman or agent will be seeking approval to write appearance bonds; and
(C) All other applicants must have the results reported to the clerk of a court of record with criminal jurisdiction within the county in which the applicant resides.
(2) The criminal history background check required by this section must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The applicant is responsible for any fees associated with the criminal history background check.
(c) (1) Upon receipt of a criminal history background check, the clerk of the court of record with criminal jurisdiction shall review the background check to determine whether the applicant has a disqualifying criminal history. The clerk may consult with the office of the district attorney general for the judicial district in making the determination required by this subdivision (c)(1). (2) If the clerk determines that an applicant has a disqualifying criminal history, then the clerk must inform the applicant and the Tennessee Association of Professional Bail Agents not less than sixty (60) days prior to the scheduled continuing education class that the applicant is ineligible to attend the continuing education class. (3) If the clerk fails to come to a decision, then the applicant is presumed to have no disqualifying criminal history.
(1) Upon receipt of a criminal history background check, the clerk of the court of record with criminal jurisdiction shall review the background check to determine whether the applicant has a disqualifying criminal history. The clerk may consult with the office of the district attorney general for the judicial district in making the determination required by this subdivision (c)(1).
(2) If the clerk determines that an applicant has a disqualifying criminal history, then the clerk must inform the applicant and the Tennessee Association of Professional Bail Agents not less than sixty (60) days prior to the scheduled continuing education class that the applicant is ineligible to attend the continuing education class.
(3) If the clerk fails to come to a decision, then the applicant is presumed to have no disqualifying criminal history.
(d) (1) If the applicant believes that the decision of the clerk is in error or that there are extenuating circumstances that would permit attendance notwithstanding the criminal history, then the applicant may appeal the clerk's decision within ten (10) days to the court of record with criminal jurisdiction within the county where the criminal history background check was received. (2) All appeals must be in writing, setting forth the grounds for the appeal. (3) The court hearing the appeal shall give written notice of its decision not less than fifteen (15) days before the scheduled continuing education class. If the court fails to provide written notice within the time period prescribed by this subdivision (d)(3), then the court must give written notice as to when the decision will occur, or if no such notice is given, then the clerk's decision is deemed final.
(1) If the applicant believes that the decision of the clerk is in error or that there are extenuating circumstances that would permit attendance notwithstanding the criminal history, then the applicant may appeal the clerk's decision within ten (10) days to the court of record with criminal jurisdiction within the county where the criminal history background check was received.
(2) All appeals must be in writing, setting forth the grounds for the appeal.
(3) The court hearing the appeal shall give written notice of its decision not less than fifteen (15) days before the scheduled continuing education class. If the court fails to provide written notice within the time period prescribed by this subdivision (d)(3), then the court must give written notice as to when the decision will occur, or if no such notice is given, then the clerk's decision is deemed final.
(e) An applicant has a right to appeal the court's decision to the court of criminal appeals within thirty (30) days.
(f) The clerk of the criminal court is authorized to charge a fee of not more than ten dollars ($10.00) to receive and process the application and the criminal history background check.
(g) The Tennessee Association of Professional Bail Agents and its agents, contractors, and employees are not liable to any person for damages resulting from a determination made pursuant to this section.
Added by 2023 Tenn. Acts, ch. 417, s 2, eff. 1/1/2025.
Tenn. Code Ann. § 40-6-210 — TN Code / Title 40 / Chapter 6 / Section 40-6-210
[Amendments made by Acts 1996, ch. 53, section 2 contingent on county approval. See the Compiler's Notes.] Person by whom executed
Status: in_force

A warrant may be executed by any sheriff, or officer acting as sheriff, or the sheriff's deputy, or marshal, or police officer of any city or town, acting within the sheriff's county, or by any person otherwise authorized by law. The reference to "sheriff" or "deputy sheriff" in this section also includes constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 100,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties. Code 1858, § 5028; Shan., § 6987; Code 1932, § 11526; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, § 1; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 3; 1982, ch. 881, § 1; T.C.A. (orig. ed.), § 40-711; Acts 1991, ch. 9, § 4; 1992, ch. 973, § 3; Private Acts 1994, ch. 191 § 2; Acts 1996, ch. 753, § 2. Amendments made by Acts 1996, ch. 753, section 2 contingent on county approval.
A warrant may be executed by any sheriff, or officer acting as sheriff, or the sheriff's deputy, or marshal, or police officer of any city or town, acting within the sheriff's county, or by any person otherwise authorized by law. The reference to "sheriff" or "deputy sheriff" in this section also includes constables in counties of this state having a population of:
not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 100,000 118,400 118,700 200,000
not less than
nor more than
3,700
4,700
6,000
7,800
8,400
8,500
8,535
8,540
9,200
9,570
10,770
10,780
11,512
11,550
11,700
11,900
12,000
13,000
14,500
14,600
15,300
15,500
15,750
16,000
17,000
17,350
18,000
18,200
18,300
18,900
19,000
19,100
21,000
21,500
21,600
22,300
23,200
23,350
23,355
23,391
23,450
23,500
23,750
24,000
24,255
25,600
27,500
27,900
28,000
28,555
28,600
29,250
31,250
31,260
33,000
33,700
34,000
35,480
41,800
41,900
50,000
57,550
59,400
59,500
60,050
60,600
62,000
64,000
65,000
100,000
118,400
118,700
200,000
according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
Code 1858, § 5028; Shan., § 6987; Code 1932, § 11526; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, § 1; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 3; 1982, ch. 881, § 1; T.C.A. (orig. ed.), § 40-711; Acts 1991, ch. 9, § 4; 1992, ch. 973, § 3; Private Acts 1994, ch. 191 § 2; Acts 1996, ch. 753, § 2.
Amendments made by Acts 1996, ch. 753, section 2 contingent on county approval.
Tenn. Code Ann. § 40-26-104 — TN Code / Title 40 / Chapter 26 / Section 40-26-104
Bail in misdemeanor cases
Status: in_force

In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court. Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., §7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408.
In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court.
Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., §7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408.
Tenn. Code Ann. § 40-35-105 — TN Code / Title 40 / Chapter 35 / Section 40-35-105
Standard offender
Status: in_force

(a) A standard offender is a defendant not sentenced as: (1) A multiple offender, as defined by § 40-35-106 ; (2) A persistent offender, as defined by § 40-35-107 ; (3) A career offender, as defined by § 40-35-108 ; (4) An especially mitigated offender, as defined by § 40-35-109 ; or (5) A repeat violent offender, as defined by § 40-35-120 . (b) The sentence for a standard offender is within Range I. (c) If the judgment of conviction does not include a sentence range, it shall be returned to the sentencing court to be completed. Acts 1989, ch. 591, § 6; 1994, ch. 994, § 2.
(a) A standard offender is a defendant not sentenced as: (1) A multiple offender, as defined by § 40-35-106 ; (2) A persistent offender, as defined by § 40-35-107 ; (3) A career offender, as defined by § 40-35-108 ; (4) An especially mitigated offender, as defined by § 40-35-109 ; or (5) A repeat violent offender, as defined by § 40-35-120 .
(1) A multiple offender, as defined by § 40-35-106 ;
(2) A persistent offender, as defined by § 40-35-107 ;
(3) A career offender, as defined by § 40-35-108 ;
(4) An especially mitigated offender, as defined by § 40-35-109 ; or
(5) A repeat violent offender, as defined by § 40-35-120 .
(b) The sentence for a standard offender is within Range I.
(c) If the judgment of conviction does not include a sentence range, it shall be returned to the sentencing court to be completed.
Acts 1989, ch. 591, § 6; 1994, ch. 994, § 2.
Tenn. Code Ann. § 40-11-130 — TN Code / Title 40 / Chapter 11 / Section 40-11-130
Duration of bond or recognizance
Status: in_force

(a) (1) If a defendant in a criminal case executes a bond or recognizance before any court or other person authorized by law to take a bond or recognizance for the defendant's personal appearance before a court to answer a criminal charge and there has not been a disposition pursuant to § 40-11-138(b) , the bond or recognizance shall be valid and binding upon the defendant and the defendant's sureties, until the time allowed by law for the defendant to appeal a finding of guilt to the court of criminal appeals. If the defendant timely appeals, the defendant shall be required to make a new bond to the court of criminal appeals, unless there has not been a disposition pursuant to § 40-11-138(b) and the trial judge, after examination of the original bond, sets out in a written order that the original bond is sufficient. The court shall use its discretion in determining whether the bond at issue should be changed. No presumption is otherwise intended to be raised in this section. If the time for appealing to the court of criminal appeals expires and the defendant has not filed an appeal, the bondsman, if there has not been a disposition pursuant to § 40-11-138(b) , may be required to surrender the defendant to the court for service of the sentence. (2) If the defendant files a timely appeal and the trial court judge orders that a new bond be made, the new bond or recognizance shall be made to the court of criminal appeals and shall not terminate until the final state court to which the defendant may appeal has rendered a decision on the appeal. Upon the conclusion of the appellate process, the bondsman shall be required to surrender the defendant. (b) (1) If the defendant is placed on pretrial, post-plea or judicial diversion, community correction, fined or if the defendant's sentence is suspended and probation granted, any such action shall constitute a disposition pursuant to § 40-11-138(b) , the bond or recognizance is terminated, and the bondsman or other surety shall be released from the bondsman's or surety's obligations. (2) If the court orders that the defendant is required to make a new bond or recognizance while on any of the programs set out in subdivision (b)(1), the new bond or recognizance shall be made to the court granting the placement. The new bond or recognizance shall not terminate until the defendant has completed the period of court-ordered supervision or until the defendant's diversion, community correction or probation is revoked. If the defendant's diversion, community correction or probation is revoked, the bondsman may be required to surrender the defendant. (c) (1) A defendant is not required to make any bond or recognizance other than that which is required by subsection (a) or (b), unless ordered to do so by the appropriate court, because the: (A) Bond is insufficient in amount; (B) Defendant's sureties are insolvent; (C) Bail is forfeited; or (D) Court finds other good and sufficient cause for doing so. (2) If the defendant is required to make another bond or recognizance for any reason set out in subdivision (c)(1), the sureties on the original bond may surrender the defendant and be released on the bond, as is provided by law. Acts 1978, ch. 506, § 26; T.C.A., § 40-1230; Acts 1991, ch. 347, § 2; 1997, ch. 504, § 1; 2005, ch. 378, § 1; 2007, ch. 239, §§ 1-3.
(a) (1) If a defendant in a criminal case executes a bond or recognizance before any court or other person authorized by law to take a bond or recognizance for the defendant's personal appearance before a court to answer a criminal charge and there has not been a disposition pursuant to § 40-11-138(b) , the bond or recognizance shall be valid and binding upon the defendant and the defendant's sureties, until the time allowed by law for the defendant to appeal a finding of guilt to the court of criminal appeals. If the defendant timely appeals, the defendant shall be required to make a new bond to the court of criminal appeals, unless there has not been a disposition pursuant to § 40-11-138(b) and the trial judge, after examination of the original bond, sets out in a written order that the original bond is sufficient. The court shall use its discretion in determining whether the bond at issue should be changed. No presumption is otherwise intended to be raised in this section. If the time for appealing to the court of criminal appeals expires and the defendant has not filed an appeal, the bondsman, if there has not been a disposition pursuant to § 40-11-138(b) , may be required to surrender the defendant to the court for service of the sentence. (2) If the defendant files a timely appeal and the trial court judge orders that a new bond be made, the new bond or recognizance shall be made to the court of criminal appeals and shall not terminate until the final state court to which the defendant may appeal has rendered a decision on the appeal. Upon the conclusion of the appellate process, the bondsman shall be required to surrender the defendant.
(1) If a defendant in a criminal case executes a bond or recognizance before any court or other person authorized by law to take a bond or recognizance for the defendant's personal appearance before a court to answer a criminal charge and there has not been a disposition pursuant to § 40-11-138(b) , the bond or recognizance shall be valid and binding upon the defendant and the defendant's sureties, until the time allowed by law for the defendant to appeal a finding of guilt to the court of criminal appeals. If the defendant timely appeals, the defendant shall be required to make a new bond to the court of criminal appeals, unless there has not been a disposition pursuant to § 40-11-138(b) and the trial judge, after examination of the original bond, sets out in a written order that the original bond is sufficient. The court shall use its discretion in determining whether the bond at issue should be changed. No presumption is otherwise intended to be raised in this section. If the time for appealing to the court of criminal appeals expires and the defendant has not filed an appeal, the bondsman, if there has not been a disposition pursuant to § 40-11-138(b) , may be required to surrender the defendant to the court for service of the sentence.
(2) If the defendant files a timely appeal and the trial court judge orders that a new bond be made, the new bond or recognizance shall be made to the court of criminal appeals and shall not terminate until the final state court to which the defendant may appeal has rendered a decision on the appeal. Upon the conclusion of the appellate process, the bondsman shall be required to surrender the defendant.
(b) (1) If the defendant is placed on pretrial, post-plea or judicial diversion, community correction, fined or if the defendant's sentence is suspended and probation granted, any such action shall constitute a disposition pursuant to § 40-11-138(b) , the bond or recognizance is terminated, and the bondsman or other surety shall be released from the bondsman's or surety's obligations. (2) If the court orders that the defendant is required to make a new bond or recognizance while on any of the programs set out in subdivision (b)(1), the new bond or recognizance shall be made to the court granting the placement. The new bond or recognizance shall not terminate until the defendant has completed the period of court-ordered supervision or until the defendant's diversion, community correction or probation is revoked. If the defendant's diversion, community correction or probation is revoked, the bondsman may be required to surrender the defendant.
(1) If the defendant is placed on pretrial, post-plea or judicial diversion, community correction, fined or if the defendant's sentence is suspended and probation granted, any such action shall constitute a disposition pursuant to § 40-11-138(b) , the bond or recognizance is terminated, and the bondsman or other surety shall be released from the bondsman's or surety's obligations.
(2) If the court orders that the defendant is required to make a new bond or recognizance while on any of the programs set out in subdivision (b)(1), the new bond or recognizance shall be made to the court granting the placement. The new bond or recognizance shall not terminate until the defendant has completed the period of court-ordered supervision or until the defendant's diversion, community correction or probation is revoked. If the defendant's diversion, community correction or probation is revoked, the bondsman may be required to surrender the defendant.
(c) (1) A defendant is not required to make any bond or recognizance other than that which is required by subsection (a) or (b), unless ordered to do so by the appropriate court, because the: (A) Bond is insufficient in amount; (B) Defendant's sureties are insolvent; (C) Bail is forfeited; or (D) Court finds other good and sufficient cause for doing so. (2) If the defendant is required to make another bond or recognizance for any reason set out in subdivision (c)(1), the sureties on the original bond may surrender the defendant and be released on the bond, as is provided by law.
(1) A defendant is not required to make any bond or recognizance other than that which is required by subsection (a) or (b), unless ordered to do so by the appropriate court, because the: (A) Bond is insufficient in amount; (B) Defendant's sureties are insolvent; (C) Bail is forfeited; or (D) Court finds other good and sufficient cause for doing so.
(A) Bond is insufficient in amount;
(B) Defendant's sureties are insolvent;
(C) Bail is forfeited; or
(D) Court finds other good and sufficient cause for doing so.
(2) If the defendant is required to make another bond or recognizance for any reason set out in subdivision (c)(1), the sureties on the original bond may surrender the defendant and be released on the bond, as is provided by law.
Acts 1978, ch. 506, § 26; T.C.A., § 40-1230; Acts 1991, ch. 347, § 2; 1997, ch. 504, § 1; 2005, ch. 378, § 1; 2007, ch. 239, §§ 1-3.
Tenn. Code Ann. § 40-10-102 — TN Code / Title 40 / Chapter 10 / Section 40-10-102
Time allowed to procure counsel
Status: in_force

The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose. Code 1858, §5049; Shan., § 7009; Code 1932, § 11548; T.C.A. (orig. ed.), § 40-1102.
The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose.
Code 1858, §5049; Shan., § 7009; Code 1932, § 11548; T.C.A. (orig. ed.), § 40-1102.
Tenn. Code Ann. § 40-35-324 — TN Code / Title 40 / Chapter 35 / Section 40-35-324
Notification of eligibility for expunction
Status: in_force

(a) If practicable, a judge shall, at the time of sentencing, notify a person convicted of an offense that is eligible for expunction of: (1) The person's eligibility to have all public records of the conviction destroyed in the manner set forth in § 40-32-101 ; and (2) The time period after which the person can petition for expunction of the offense. (b) The administrative office of the courts shall provide judges handling criminal matters with a reference document listing: (1) Each criminal offense eligible for expunction pursuant to § 40-32-101 ; and (2) The time period after which each offense is eligible for expunction. Added by 2021 Tenn. Acts, ch. 358, s 2, eff. 7/1/2021.
(a) If practicable, a judge shall, at the time of sentencing, notify a person convicted of an offense that is eligible for expunction of: (1) The person's eligibility to have all public records of the conviction destroyed in the manner set forth in § 40-32-101 ; and (2) The time period after which the person can petition for expunction of the offense.
(1) The person's eligibility to have all public records of the conviction destroyed in the manner set forth in § 40-32-101 ; and
(2) The time period after which the person can petition for expunction of the offense.
(b) The administrative office of the courts shall provide judges handling criminal matters with a reference document listing: (1) Each criminal offense eligible for expunction pursuant to § 40-32-101 ; and (2) The time period after which each offense is eligible for expunction.
(1) Each criminal offense eligible for expunction pursuant to § 40-32-101 ; and
(2) The time period after which each offense is eligible for expunction.
Added by 2021 Tenn. Acts, ch. 358, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-20-303 — TN Code / Title 40 / Chapter 20 / Section 40-20-303
Completion of program - Failure to comply
Status: in_force

Notwithstanding any other provision of the law to the contrary, upon successful completion of a technical violator program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to § 40-35-311 . Acts 1997 , ch. 222, § 4.
Notwithstanding any other provision of the law to the contrary, upon successful completion of a technical violator program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to § 40-35-311 .
Acts 1997 , ch. 222, § 4.
Tenn. Code Ann. § 40-11-101 — TN Code / Title 40 / Chapter 11 / Section 40-11-101
Short title
Status: in_force

Sections 40-11-101 - 40-11-144 shall be known as and may be cited as the "Release from Custody and Bail Reform Act of 1978." Acts 1978, ch. 506, § 1; T.C.A., § 40-1201.
Sections 40-11-101 - 40-11-144 shall be known as and may be cited as the "Release from Custody and Bail Reform Act of 1978."
Acts 1978, ch. 506, § 1; T.C.A., § 40-1201.
Tenn. Code Ann. § 40-20-203 — TN Code / Title 40 / Chapter 20 / Section 40-20-203
Eligible offenders - Age
Status: in_force

In placing an offender in a special alternative incarceration unit, the department of correction shall give priority to eligible offenders between the ages of seventeen (17) and twenty-five (25). In no event shall an offender who is over the age of thirty-five (35) be placed in a special alternative incarceration unit. Acts 1989, ch. 217, § 4; 1992, ch. 881, § 1.
In placing an offender in a special alternative incarceration unit, the department of correction shall give priority to eligible offenders between the ages of seventeen (17) and twenty-five (25). In no event shall an offender who is over the age of thirty-five (35) be placed in a special alternative incarceration unit.
Acts 1989, ch. 217, § 4; 1992, ch. 881, § 1.
Tenn. Code Ann. § 40-13-219 — TN Code / Title 40 / Chapter 13 / Section 40-13-219
Allegations concerning intoxicating liquor
Status: in_force

(a) In the prosecution for the purchase of intoxicating liquor in violation of title 39, chapter 17, part 7, it shall not be necessary to allege in the indictment or presentment or to prove the name of the person from whom the intoxicating liquors were bought. (b) It shall not be necessary for the second or subsequent indictment or presentment for selling or tippling intoxicating liquors, bitters or other compounds in violation of title 39, chapter 17, part 7, to allege or charge a former indictment or presentment and conviction thereon for the violation. The original indictment or presentment and record of conviction or certified copies of the same from any circuit or criminal court shall be prima facie evidence of a former indictment or presentment and conviction on the indictment or presentment upon the trial for any second or subsequent violation of title 39, chapter 17, part 7. (c) In any indictment or presentment for receiving, possessing or transporting intoxicants in violation of §§ 39-17-703 - 39-17-706, it shall not be necessary to negate the exceptions contained in those sections, or that the intoxicating liquor was received, possessed, shipped or transported for any of the purposes set out in § 39-17-705 , but those exceptions may be relied upon as a defense and the burden of establishing the exception shall be upon the person claiming the benefit of the exception. Acts 1905, ch. 422, § 2; 1917, ch. 5, § 2; 1917, ch. 12, § 8; Shan., §§ 6795a5, 6795a8, 6798a15; Code 1932, §§ 11211, 11213, 11222; modified; T.C.A. (orig. ed.), §§ 40-1823 -- 40-1825; Acts 1996, ch. 675, §§ 29-31.
(a) In the prosecution for the purchase of intoxicating liquor in violation of title 39, chapter 17, part 7, it shall not be necessary to allege in the indictment or presentment or to prove the name of the person from whom the intoxicating liquors were bought.
(b) It shall not be necessary for the second or subsequent indictment or presentment for selling or tippling intoxicating liquors, bitters or other compounds in violation of title 39, chapter 17, part 7, to allege or charge a former indictment or presentment and conviction thereon for the violation. The original indictment or presentment and record of conviction or certified copies of the same from any circuit or criminal court shall be prima facie evidence of a former indictment or presentment and conviction on the indictment or presentment upon the trial for any second or subsequent violation of title 39, chapter 17, part 7.
(c) In any indictment or presentment for receiving, possessing or transporting intoxicants in violation of §§ 39-17-703 - 39-17-706, it shall not be necessary to negate the exceptions contained in those sections, or that the intoxicating liquor was received, possessed, shipped or transported for any of the purposes set out in § 39-17-705 , but those exceptions may be relied upon as a defense and the burden of establishing the exception shall be upon the person claiming the benefit of the exception.
Acts 1905, ch. 422, § 2; 1917, ch. 5, § 2; 1917, ch. 12, § 8; Shan., §§ 6795a5, 6795a8, 6798a15; Code 1932, §§ 11211, 11213, 11222; modified; T.C.A. (orig. ed.), §§ 40-1823 -- 40-1825; Acts 1996, ch. 675, §§ 29-31.
Tenn. Code Ann. § 40-13-112 — TN Code / Title 40 / Chapter 13 / Section 40-13-112
Disclosure of indictment before arrest
Status: in_force

(a) No judge, attorney, clerk, other officer of the court or grand juror shall disclose the fact of any indictment found until the defendant has been arrested or given bail for appearance to answer the indictment; however, nothing in this section shall preclude law enforcement from releasing information contained within the indictment or the fact of the indictment for the purpose of apprehending the subject of the indictment. (b) A violation of subsection (a) is a Class A misdemeanor punishable, on conviction, as a Class A misdemeanor. (c) This section does not apply to any disclosure by the issuance of process. Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code 1932, §§ 11606, 11607; T.C.A. (orig. ed.), § 40-1715; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 643, § 1.
(a) No judge, attorney, clerk, other officer of the court or grand juror shall disclose the fact of any indictment found until the defendant has been arrested or given bail for appearance to answer the indictment; however, nothing in this section shall preclude law enforcement from releasing information contained within the indictment or the fact of the indictment for the purpose of apprehending the subject of the indictment.
(b) A violation of subsection (a) is a Class A misdemeanor punishable, on conviction, as a Class A misdemeanor.
(c) This section does not apply to any disclosure by the issuance of process.
Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code 1932, §§ 11606, 11607; T.C.A. (orig. ed.), § 40-1715; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 643, § 1.
Tenn. Code Ann. § 40-20-301 — TN Code / Title 40 / Chapter 20 / Section 40-20-301
Confinement in special technical violator unit
Status: in_force

Notwithstanding any other provision of law to the contrary, in the event that an offender receives a suspension of sentence, has that suspension of sentence revoked for reasons other than the commission of a new felony offense, and is committed to the department of correction, the department shall have the authority to place the offender in a special technical violator unit in lieu of confinement in a regular state penal facility unless the court specifies otherwise in the order of revocation. If the court specifically prohibits the placement of an offender in a special technical violator unit, the court shall make findings of fact and state the reasons for its decision in the order of revocation. In such unit the offender shall, at a minimum, be required to participate for a period of one hundred twenty (120) days in an intensive regimen of work and available treatment programs in accordance with policies and procedures established by the department. Acts 1997, ch. 222, § 2.
Notwithstanding any other provision of law to the contrary, in the event that an offender receives a suspension of sentence, has that suspension of sentence revoked for reasons other than the commission of a new felony offense, and is committed to the department of correction, the department shall have the authority to place the offender in a special technical violator unit in lieu of confinement in a regular state penal facility unless the court specifies otherwise in the order of revocation. If the court specifically prohibits the placement of an offender in a special technical violator unit, the court shall make findings of fact and state the reasons for its decision in the order of revocation. In such unit the offender shall, at a minimum, be required to participate for a period of one hundred twenty (120) days in an intensive regimen of work and available treatment programs in accordance with policies and procedures established by the department.
Acts 1997, ch. 222, § 2.
Tenn. Code Ann. § 40-31-105 — TN Code / Title 40 / Chapter 31 / Section 40-31-105
Surrender of prisoner mandatory
Status: in_force

It is lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate of the penal or correctional institution whenever so required by the operation of the agreement on detainer. Acts 1970, ch. 560, § 5; T.C.A., § 40-3905.
It is lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate of the penal or correctional institution whenever so required by the operation of the agreement on detainer.
Acts 1970, ch. 560, § 5; T.C.A., § 40-3905.
Tenn. Code Ann. § 40-12-206 — TN Code / Title 40 / Chapter 12 / Section 40-12-206
Members - Powers
Status: in_force

(a) The grand jury convened pursuant to this part shall consist of thirteen (13) members and up to five (5) alternates. (b) The alternates shall be present at all times during grand jury proceedings, but shall not take part in the deliberations or vote of the grand jury unless the alternate has been made a regular member of the grand jury upon motion of the district attorney general made to the court and alleging that a regular member is no longer able to serve. (c) Any grand jury ordered convened pursuant to this part shall be: (1) Impaneled by the presiding judge in the same manner as the regular grand jury; (2) Directed by the presiding judge to investigate the crimes specified in the petition; however, nothing in this subsection (c) shall be construed as preventing indictment for any offense found by the grand jury to have occurred in the course of its investigation; and (3) Retain all powers, duties and responsibilities of the regular grand jury. Acts 1990, ch. 1051, § 1.
(a) The grand jury convened pursuant to this part shall consist of thirteen (13) members and up to five (5) alternates.
(b) The alternates shall be present at all times during grand jury proceedings, but shall not take part in the deliberations or vote of the grand jury unless the alternate has been made a regular member of the grand jury upon motion of the district attorney general made to the court and alleging that a regular member is no longer able to serve.
(c) Any grand jury ordered convened pursuant to this part shall be: (1) Impaneled by the presiding judge in the same manner as the regular grand jury; (2) Directed by the presiding judge to investigate the crimes specified in the petition; however, nothing in this subsection (c) shall be construed as preventing indictment for any offense found by the grand jury to have occurred in the course of its investigation; and (3) Retain all powers, duties and responsibilities of the regular grand jury.
(1) Impaneled by the presiding judge in the same manner as the regular grand jury;
(2) Directed by the presiding judge to investigate the crimes specified in the petition; however, nothing in this subsection (c) shall be construed as preventing indictment for any offense found by the grand jury to have occurred in the course of its investigation; and
(3) Retain all powers, duties and responsibilities of the regular grand jury.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-31-107 — TN Code / Title 40 / Chapter 31 / Section 40-31-107
Central administrator and information agent - Designation - Report
Status: in_force

(a) The governor is empowered to designate the officer who will serve as central administrator of, and information agent for, the agreement on detainers, pursuant to article VII of § 40-31-101 . (b) The officer designated shall make a written report to the speakers of the senate and the house of representatives, and the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives, at least once each year. This report shall be made no later than February 1. The report shall advise the speakers and committee chairs on the number of participants in the compact. Amended by 2021 Tenn. Acts, ch. 64, s 50, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 58, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 35, eff. 4/19/2013. Acts 1970, ch. 560, § 7; T.C.A., § 40-3907; Acts 1988, ch. 497, § 3.
(a) The governor is empowered to designate the officer who will serve as central administrator of, and information agent for, the agreement on detainers, pursuant to article VII of § 40-31-101 .
(b) The officer designated shall make a written report to the speakers of the senate and the house of representatives, and the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives, at least once each year. This report shall be made no later than February 1. The report shall advise the speakers and committee chairs on the number of participants in the compact.
Amended by 2021 Tenn. Acts, ch. 64, s 50, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 58, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 35, eff. 4/19/2013.
Acts 1970, ch. 560, § 7; T.C.A., § 40-3907; Acts 1988, ch. 497, § 3.
Tenn. Code Ann. § 40-35-103 — TN Code / Title 40 / Chapter 35 / Section 40-35-103
Sentencing considerations
Status: in_force

To implement the purposes of this chapter, the following principles apply: (1) Sentences involving confinement should be based on the following considerations: (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant; (2) The sentence imposed should be no greater than that deserved for the offense committed; (3) Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided; (4) The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed; (5) The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of a term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence; (6) Trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service or all of these; and (7) Available community-based alternatives to confinement and the benefits that imposing such alternatives may provide to the community should be considered when the offense is nonviolent and the defendant is the primary caregiver of a dependent child. Amended by 2019 Tenn. Acts, ch. 309,s 1, eff. 7/1/2019. Acts 1989, ch. 591, § 6.
To implement the purposes of this chapter, the following principles apply:
(1) Sentences involving confinement should be based on the following considerations: (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant;
(A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct;
(B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or
(C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant;
(2) The sentence imposed should be no greater than that deserved for the offense committed;
(3) Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided;
(4) The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed;
(5) The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of a term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence;
(6) Trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service or all of these; and
(7) Available community-based alternatives to confinement and the benefits that imposing such alternatives may provide to the community should be considered when the offense is nonviolent and the defendant is the primary caregiver of a dependent child.
Amended by 2019 Tenn. Acts, ch. 309,s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-28-107 — TN Code / Title 40 / Chapter 28 / Section 40-28-107
Reports of the board - Notification of release on parole to kidnapping hostages and victims
Status: in_force

(a) The board shall make reports concerning the records, organization and work of the board as may from time to time be requested by the governor. (b) The board shall forward to the appropriate standing committees of the general assembly, designated by the speaker of the senate and the speaker of the house of representatives, the names of all persons released on parole, as well as all persons receiving both favorable and unfavorable recommendations for executive clemency of any sort, together with the reasons for the recommendations. This information shall be furnished to the designated standing committees as soon as practicable after the board's action. This information shall also be furnished to the appropriate district attorney general in whose district any such person was convicted. (c) Before a prisoner is released on parole, the board shall notify the following officials in the county in whose district the prisoner was convicted as well as the following officials in whose district the prisoner is to be released, if different: (1) The judge who sentenced the prisoner; (2) The district attorney general; (3) The sheriff; and (4) The chief of police. (d) At least three (3) days prior to the release on parole of a defendant convicted of any kidnapping offense involving a hostage or victim, the board shall notify the sheriff of the county in which the crime was committed and the sheriff shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant will be released on parole. If the hostage or victim is less than eighteen (18) years of age or is otherwise unavailable, the sheriff shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim. (e) The board shall provide notification to those officials listed in subsection (c) in the event of an inmate's release due to exoneration, commutation of sentence, or the granting of a pardon by the governor. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1961, ch. 93, § 3; 1979, ch. 359, § 10; 1981, ch. 60, § 1; T.C.A. (orig. ed.), § 40-3604; Acts 1986, ch. 543, § 1; 1987, ch. 169, § 1; 1988, ch. 648, § 4; 1989, ch. 227, §§ 15-20; 1993, ch. 336, § 6; 1999, ch. 392, § 4; 1999, ch. 516, § 2; 2012 , ch. 727, § 16.
(a) The board shall make reports concerning the records, organization and work of the board as may from time to time be requested by the governor.
(b) The board shall forward to the appropriate standing committees of the general assembly, designated by the speaker of the senate and the speaker of the house of representatives, the names of all persons released on parole, as well as all persons receiving both favorable and unfavorable recommendations for executive clemency of any sort, together with the reasons for the recommendations. This information shall be furnished to the designated standing committees as soon as practicable after the board's action. This information shall also be furnished to the appropriate district attorney general in whose district any such person was convicted.
(c) Before a prisoner is released on parole, the board shall notify the following officials in the county in whose district the prisoner was convicted as well as the following officials in whose district the prisoner is to be released, if different: (1) The judge who sentenced the prisoner; (2) The district attorney general; (3) The sheriff; and (4) The chief of police.
(1) The judge who sentenced the prisoner;
(2) The district attorney general;
(3) The sheriff; and
(4) The chief of police.
(d) At least three (3) days prior to the release on parole of a defendant convicted of any kidnapping offense involving a hostage or victim, the board shall notify the sheriff of the county in which the crime was committed and the sheriff shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant will be released on parole. If the hostage or victim is less than eighteen (18) years of age or is otherwise unavailable, the sheriff shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
(e) The board shall provide notification to those officials listed in subsection (c) in the event of an inmate's release due to exoneration, commutation of sentence, or the granting of a pardon by the governor.
Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1961, ch. 93, § 3; 1979, ch. 359, § 10; 1981, ch. 60, § 1; T.C.A. (orig. ed.), § 40-3604; Acts 1986, ch. 543, § 1; 1987, ch. 169, § 1; 1988, ch. 648, § 4; 1989, ch. 227, §§ 15-20; 1993, ch. 336, § 6; 1999, ch. 392, § 4; 1999, ch. 516, § 2; 2012 , ch. 727, § 16.
Tenn. Code Ann. § 40-23-112 — TN Code / Title 40 / Chapter 23 / Section 40-23-112
Juror disqualified to act as guard
Status: in_force

The sheriff shall not summon any person as a guard to assist in taking the prisoner to the penitentiary, whom the person, as a juror, convicted. Code 1858, §5268; Shan., § 7246; Code 1932, § 11853; T.C.A. (orig. ed.), § 40-3115.
The sheriff shall not summon any person as a guard to assist in taking the prisoner to the penitentiary, whom the person, as a juror, convicted.
Code 1858, §5268; Shan., § 7246; Code 1932, § 11853; T.C.A. (orig. ed.), § 40-3115.
Tenn. Code Ann. § 40-30-114 — TN Code / Title 40 / Chapter 30 / Section 40-30-114
Reimbursement of expenses of district attorney general - Duty of attorney general and reporter
Status: in_force

(a) The district attorney general or the attorney general and reporter must be reimbursed for any expenses, including travel, incurred in connection with the preparation and trial of any proceeding under this part. This expense must be paid by the state and is not included in the expense allowance now received by the various district attorneys general or the attorney general and reporter. (b) (1) It is the duty and function of the attorney general and reporter, and the attorney general and reporter's staff, to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of the cases. (2) In the event an appeal is taken or a delayed appeal in the nature of a writ of error is granted, the attorney general and reporter, and the attorney general and reporter's staff, shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals. (c) (1) In cases where a defendant has been sentenced to death and is seeking collateral review of a conviction or sentence, the attorney general and reporter has exclusive control over the state's defense of the request for collateral review and has all of the authority and discretion that the district attorney general would have in non-capital cases as well as any additional authority provided by law. The attorney general and reporter is not bound by any stipulations, concessions, or other agreements made by the district attorney general related to a request for collateral review. (2) The trial court lacks jurisdiction to enter a final order granting relief on a request for collateral review outlined in subdivision (c)(1) until the attorney general and reporter files a response to the request. (3) It is the duty and function of the district attorney general, and the district attorney general's staff, to lend whatever assistance may be necessary to the attorney general and reporter in the trial and disposition of requests for collateral review outlined in subdivision (c)(1), including, but not limited to, providing the attorney general and reporter with the district attorney general's case file and any other case-related material. (4) As used in this subsection (c), "collateral review": (A) Means any proceeding under this chapter, including a petition requesting analysis of evidence, a proceeding under § 39-13-203(g) , a proceeding under § 40-26-105 , a proceeding involving a challenge to a capital inmate's competency to be executed, and any other judicial reexamination of a judgment or claim in a proceeding outside of the direct review process; and (B) When a defendant has been sentenced to death after March 1, 2023, does not mean the trial of an original petition for post-conviction relief as authorized by § 40-30-104 . All other proceedings involving a defendant who has been sentenced to death after March 1, 2023, including reopened post-conviction proceedings granted under § 40-30-117 must be conducted in conformity with subdivision (c)(1). Amended by 2023 Tenn. Acts, ch. 182, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 182, s 1, eff. 4/28/2023. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-214.
(a) The district attorney general or the attorney general and reporter must be reimbursed for any expenses, including travel, incurred in connection with the preparation and trial of any proceeding under this part. This expense must be paid by the state and is not included in the expense allowance now received by the various district attorneys general or the attorney general and reporter.
(b) (1) It is the duty and function of the attorney general and reporter, and the attorney general and reporter's staff, to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of the cases. (2) In the event an appeal is taken or a delayed appeal in the nature of a writ of error is granted, the attorney general and reporter, and the attorney general and reporter's staff, shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals.
(1) It is the duty and function of the attorney general and reporter, and the attorney general and reporter's staff, to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of the cases.
(2) In the event an appeal is taken or a delayed appeal in the nature of a writ of error is granted, the attorney general and reporter, and the attorney general and reporter's staff, shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals.
(c) (1) In cases where a defendant has been sentenced to death and is seeking collateral review of a conviction or sentence, the attorney general and reporter has exclusive control over the state's defense of the request for collateral review and has all of the authority and discretion that the district attorney general would have in non-capital cases as well as any additional authority provided by law. The attorney general and reporter is not bound by any stipulations, concessions, or other agreements made by the district attorney general related to a request for collateral review. (2) The trial court lacks jurisdiction to enter a final order granting relief on a request for collateral review outlined in subdivision (c)(1) until the attorney general and reporter files a response to the request. (3) It is the duty and function of the district attorney general, and the district attorney general's staff, to lend whatever assistance may be necessary to the attorney general and reporter in the trial and disposition of requests for collateral review outlined in subdivision (c)(1), including, but not limited to, providing the attorney general and reporter with the district attorney general's case file and any other case-related material. (4) As used in this subsection (c), "collateral review": (A) Means any proceeding under this chapter, including a petition requesting analysis of evidence, a proceeding under § 39-13-203(g) , a proceeding under § 40-26-105 , a proceeding involving a challenge to a capital inmate's competency to be executed, and any other judicial reexamination of a judgment or claim in a proceeding outside of the direct review process; and (B) When a defendant has been sentenced to death after March 1, 2023, does not mean the trial of an original petition for post-conviction relief as authorized by § 40-30-104 . All other proceedings involving a defendant who has been sentenced to death after March 1, 2023, including reopened post-conviction proceedings granted under § 40-30-117 must be conducted in conformity with subdivision (c)(1).
(1) In cases where a defendant has been sentenced to death and is seeking collateral review of a conviction or sentence, the attorney general and reporter has exclusive control over the state's defense of the request for collateral review and has all of the authority and discretion that the district attorney general would have in non-capital cases as well as any additional authority provided by law. The attorney general and reporter is not bound by any stipulations, concessions, or other agreements made by the district attorney general related to a request for collateral review.
(2) The trial court lacks jurisdiction to enter a final order granting relief on a request for collateral review outlined in subdivision (c)(1) until the attorney general and reporter files a response to the request.
(3) It is the duty and function of the district attorney general, and the district attorney general's staff, to lend whatever assistance may be necessary to the attorney general and reporter in the trial and disposition of requests for collateral review outlined in subdivision (c)(1), including, but not limited to, providing the attorney general and reporter with the district attorney general's case file and any other case-related material.
(4) As used in this subsection (c), "collateral review": (A) Means any proceeding under this chapter, including a petition requesting analysis of evidence, a proceeding under § 39-13-203(g) , a proceeding under § 40-26-105 , a proceeding involving a challenge to a capital inmate's competency to be executed, and any other judicial reexamination of a judgment or claim in a proceeding outside of the direct review process; and (B) When a defendant has been sentenced to death after March 1, 2023, does not mean the trial of an original petition for post-conviction relief as authorized by § 40-30-104 . All other proceedings involving a defendant who has been sentenced to death after March 1, 2023, including reopened post-conviction proceedings granted under § 40-30-117 must be conducted in conformity with subdivision (c)(1).
(A) Means any proceeding under this chapter, including a petition requesting analysis of evidence, a proceeding under § 39-13-203(g) , a proceeding under § 40-26-105 , a proceeding involving a challenge to a capital inmate's competency to be executed, and any other judicial reexamination of a judgment or claim in a proceeding outside of the direct review process; and
(B) When a defendant has been sentenced to death after March 1, 2023, does not mean the trial of an original petition for post-conviction relief as authorized by § 40-30-104 . All other proceedings involving a defendant who has been sentenced to death after March 1, 2023, including reopened post-conviction proceedings granted under § 40-30-117 must be conducted in conformity with subdivision (c)(1).
Amended by 2023 Tenn. Acts, ch. 182, s 2, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 182, s 1, eff. 4/28/2023.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-214.
Tenn. Code Ann. § 40-38-604 — TN Code / Title 40 / Chapter 38 / Section 40-38-604
Application for substitute address
Status: in_force

(a) Except for a person described in § 40-38-603 , an adult person, or a parent or fiduciary acting on behalf of a minor or person with a disability, may apply to the secretary of state with the assistance of an application assistant to have an address designated by the secretary of state serve as the person's substitute address, or the substitute address of the minor or person with a disability on whose behalf the application is filed, where the applicant, or the individual on whose behalf the application is filed, resides at an address not previously identified in any public record as the person's address, or has relocated to a new residence within the preceding thirty (30) calendar days or presently intends to relocate to a new residence within ninety (90) calendar days from the date of the application. The application shall be made on a form prescribed by the secretary of state and filed in the office of the secretary of state in the manner prescribed by the secretary of state. (b) The application must contain all of the following: (1) The mailing address and telephone number or numbers at which the secretary of state may contact the applicant; (2) The address or addresses of the applicant's residence, school, institution of higher education, business, or place of employment that the applicant requests not be disclosed for the reason that disclosure will increase the risk that the applicant, or the minor or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person; (3) Documentary evidence that, either: (A) There exists an ongoing criminal case that may result or a criminal case that has resulted in a conviction by a judge or jury or by a defendant's guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application was filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense; or (B) A court of competent jurisdiction has granted an order of protection to the applicant, or the minor or person with a disability on whose behalf the application is made, and which is in effect at the time of application; (4) In the absence of an ongoing criminal case that may result or has resulted in a conviction or an order of protection granted by a court of competent jurisdiction within this state which is in effect at the time of application, a notarized statement by a licensed professional with knowledge of the circumstances, such as an attorney, social worker, or therapist, confirming that such individual believes that the applicant, or the minor or person with a disability on whose behalf the application is made, is in danger of further harm; (5) A sworn statement by the applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant or the minor or person with a disability on whose behalf the application is made; (6) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the applicant, or the minor or person with a disability on whose behalf the application is made, has moved to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the applicant that the applicant, or the minor or person with a disability on whose behalf the application is made, currently resides at an address unknown to the offender and not previously identified in any public record as the person's address or has the present intent to move to a new address unknown to the offender within the following ninety (90) calendar days. If the applicant does not move to a new address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the form and manner prescribed by rule by the secretary of state, the program participant's certification shall be cancelled, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility; (7) A voter registration form to be completed if the applicant is eligible to vote and wishes to register to vote or update a current voter registration; (8) A sworn statement that the program participant understands all of the following: (A) That during the time the program participant chooses to have a confidential voter registration record, the program participant may vote only by absentee ballot; (B) That the program participant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the applicant's signature; (C) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the program participant's precinct or residence address to members of the public; and (D) That if the program participant signs an election petition, the program participant's residence address will be made available to the public; (9) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of mail; (10) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner; (11) The notarized signature of the applicant, the name and notarized signature of the application assistant who assisted the applicant, and the date on which the applicant and the application assistant signed the application; and (12) If at the time of application, the applicant, or the minor or person with a disability on whose behalf the application is made, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings. (c) Upon receiving a properly completed application under subsection (a), the secretary of state shall: (1) Certify the applicant, co-applicant, or the minor or person with a disability on whose behalf the application is filed, as a program participant and provide evidence of such certification to the program participant; (2) Designate each eligible address listed in the application as a confidential address; (3) Issue the program participant a unique substitute address; (4) Issue the program participant a unique program participant identification number; (5) Provide information to the program participant concerning the manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process; (6) Provide information to the program participant concerning the process to vote as a program participant, if the program participant is eligible to vote; and (7) Forward all first class mail, legal documents, and certified mail received by the secretary of state to the program participant. (d) Except for a person described in § 40-38-603 , a co-applicant may apply to the secretary of state with the assistance of an application assistant to use the same substitute address as an applicant with whom the co-applicant resides. The co-applicant's application must contain the following information: (1) The name of the applicant with whom the co-applicant is applying for the substitute address; (2) The relationship of the co-applicant to the applicant, such as spouse, parent, or fiduciary; (3) The mailing address and telephone number at which the secretary of state may contact the co-applicant; (4) The address of the co-applicant and applicant's residence, school, institution of higher education, business, or place of employment that the applicant and co-applicant request not to be disclosed for the reason that disclosure will increase the risk that the applicant, or the child or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person; (5) Documentary evidence of the co-applicant's relationship with the applicant in the form and manner prescribed by rule by the secretary of state; (6) A sworn statement by the co-applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant, or the child or person with a disability on whose behalf the application is made; (7) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the co-applicant has moved with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the co-applicant that the co-applicant intends to move with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to an address unknown to the offender and not previously identified in any public record as the address of the applicant or co-applicant, or to a new address unknown to the offender within the following ninety (90) calendar days. If the co-applicant or the applicant does not move to the same new residence address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the manner and rule provided by the secretary of state, then the co-applicant's program participation must be cancelled, unless the secretary of state determines that the co-applicant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility, with the applicant, the child of the applicant, or the person with a disability for whom the applicant serves as a fiduciary; (8) A voter registration form to be completed if the co-applicant is eligible to vote and wishes to register to vote or update a current voter registration application; (9) A sworn statement that the co-applicant understands all of the following: (A) That during the time the co-applicant chooses to have a confidential voter registration record, the co-applicant may only vote by absentee ballot; (B) That the co-applicant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the co-applicant's signature; and (C) That casting any ballot in person will reveal the co-applicant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the co-applicant's precinct or residence address to members of the public; (10) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of the mail; (11) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner; (12) The notarized signature of the co-applicant, the name and notarized signature of the application assistant who assisted the co-applicant, and the date on which the co-applicant and application assistant signed the application; and (13) If, at the time of application, the co-applicant, or the child of the co-applicant or the person with a disability for whom the co-applicant serves as a fiduciary, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings. Amended by 2024 Tenn. Acts, ch. 620,s 3, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 620,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 620,s 1, eff. 3/27/2024. Amended by 2021 Tenn. Acts, ch. 140, Secs.s 7, s 8, s 9 eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 577, s 3, eff. 3/19/2020. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) Except for a person described in § 40-38-603 , an adult person, or a parent or fiduciary acting on behalf of a minor or person with a disability, may apply to the secretary of state with the assistance of an application assistant to have an address designated by the secretary of state serve as the person's substitute address, or the substitute address of the minor or person with a disability on whose behalf the application is filed, where the applicant, or the individual on whose behalf the application is filed, resides at an address not previously identified in any public record as the person's address, or has relocated to a new residence within the preceding thirty (30) calendar days or presently intends to relocate to a new residence within ninety (90) calendar days from the date of the application. The application shall be made on a form prescribed by the secretary of state and filed in the office of the secretary of state in the manner prescribed by the secretary of state.
(b) The application must contain all of the following: (1) The mailing address and telephone number or numbers at which the secretary of state may contact the applicant; (2) The address or addresses of the applicant's residence, school, institution of higher education, business, or place of employment that the applicant requests not be disclosed for the reason that disclosure will increase the risk that the applicant, or the minor or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person; (3) Documentary evidence that, either: (A) There exists an ongoing criminal case that may result or a criminal case that has resulted in a conviction by a judge or jury or by a defendant's guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application was filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense; or (B) A court of competent jurisdiction has granted an order of protection to the applicant, or the minor or person with a disability on whose behalf the application is made, and which is in effect at the time of application; (4) In the absence of an ongoing criminal case that may result or has resulted in a conviction or an order of protection granted by a court of competent jurisdiction within this state which is in effect at the time of application, a notarized statement by a licensed professional with knowledge of the circumstances, such as an attorney, social worker, or therapist, confirming that such individual believes that the applicant, or the minor or person with a disability on whose behalf the application is made, is in danger of further harm; (5) A sworn statement by the applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant or the minor or person with a disability on whose behalf the application is made; (6) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the applicant, or the minor or person with a disability on whose behalf the application is made, has moved to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the applicant that the applicant, or the minor or person with a disability on whose behalf the application is made, currently resides at an address unknown to the offender and not previously identified in any public record as the person's address or has the present intent to move to a new address unknown to the offender within the following ninety (90) calendar days. If the applicant does not move to a new address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the form and manner prescribed by rule by the secretary of state, the program participant's certification shall be cancelled, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility; (7) A voter registration form to be completed if the applicant is eligible to vote and wishes to register to vote or update a current voter registration; (8) A sworn statement that the program participant understands all of the following: (A) That during the time the program participant chooses to have a confidential voter registration record, the program participant may vote only by absentee ballot; (B) That the program participant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the applicant's signature; (C) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the program participant's precinct or residence address to members of the public; and (D) That if the program participant signs an election petition, the program participant's residence address will be made available to the public; (9) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of mail; (10) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner; (11) The notarized signature of the applicant, the name and notarized signature of the application assistant who assisted the applicant, and the date on which the applicant and the application assistant signed the application; and (12) If at the time of application, the applicant, or the minor or person with a disability on whose behalf the application is made, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings.
(1) The mailing address and telephone number or numbers at which the secretary of state may contact the applicant;
(2) The address or addresses of the applicant's residence, school, institution of higher education, business, or place of employment that the applicant requests not be disclosed for the reason that disclosure will increase the risk that the applicant, or the minor or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person;
(3) Documentary evidence that, either: (A) There exists an ongoing criminal case that may result or a criminal case that has resulted in a conviction by a judge or jury or by a defendant's guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application was filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense; or (B) A court of competent jurisdiction has granted an order of protection to the applicant, or the minor or person with a disability on whose behalf the application is made, and which is in effect at the time of application;
(A) There exists an ongoing criminal case that may result or a criminal case that has resulted in a conviction by a judge or jury or by a defendant's guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application was filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense; or
(B) A court of competent jurisdiction has granted an order of protection to the applicant, or the minor or person with a disability on whose behalf the application is made, and which is in effect at the time of application;
(4) In the absence of an ongoing criminal case that may result or has resulted in a conviction or an order of protection granted by a court of competent jurisdiction within this state which is in effect at the time of application, a notarized statement by a licensed professional with knowledge of the circumstances, such as an attorney, social worker, or therapist, confirming that such individual believes that the applicant, or the minor or person with a disability on whose behalf the application is made, is in danger of further harm;
(5) A sworn statement by the applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant or the minor or person with a disability on whose behalf the application is made;
(6) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the applicant, or the minor or person with a disability on whose behalf the application is made, has moved to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the applicant that the applicant, or the minor or person with a disability on whose behalf the application is made, currently resides at an address unknown to the offender and not previously identified in any public record as the person's address or has the present intent to move to a new address unknown to the offender within the following ninety (90) calendar days. If the applicant does not move to a new address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the form and manner prescribed by rule by the secretary of state, the program participant's certification shall be cancelled, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility;
(A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the applicant, or the minor or person with a disability on whose behalf the application is made, has moved to a new residence unknown to the offender within the previous thirty (30) calendar days; or
(B) A sworn statement by the applicant that the applicant, or the minor or person with a disability on whose behalf the application is made, currently resides at an address unknown to the offender and not previously identified in any public record as the person's address or has the present intent to move to a new address unknown to the offender within the following ninety (90) calendar days. If the applicant does not move to a new address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the form and manner prescribed by rule by the secretary of state, the program participant's certification shall be cancelled, unless the secretary of state determines that the program participant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility;
(7) A voter registration form to be completed if the applicant is eligible to vote and wishes to register to vote or update a current voter registration;
(8) A sworn statement that the program participant understands all of the following: (A) That during the time the program participant chooses to have a confidential voter registration record, the program participant may vote only by absentee ballot; (B) That the program participant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the applicant's signature; (C) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the program participant's precinct or residence address to members of the public; and (D) That if the program participant signs an election petition, the program participant's residence address will be made available to the public;
(A) That during the time the program participant chooses to have a confidential voter registration record, the program participant may vote only by absentee ballot;
(B) That the program participant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the applicant's signature;
(C) That casting any ballot in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the program participant's precinct or residence address to members of the public; and
(D) That if the program participant signs an election petition, the program participant's residence address will be made available to the public;
(9) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of mail;
(10) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner;
(11) The notarized signature of the applicant, the name and notarized signature of the application assistant who assisted the applicant, and the date on which the applicant and the application assistant signed the application; and
(12) If at the time of application, the applicant, or the minor or person with a disability on whose behalf the application is made, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings.
(c) Upon receiving a properly completed application under subsection (a), the secretary of state shall: (1) Certify the applicant, co-applicant, or the minor or person with a disability on whose behalf the application is filed, as a program participant and provide evidence of such certification to the program participant; (2) Designate each eligible address listed in the application as a confidential address; (3) Issue the program participant a unique substitute address; (4) Issue the program participant a unique program participant identification number; (5) Provide information to the program participant concerning the manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process; (6) Provide information to the program participant concerning the process to vote as a program participant, if the program participant is eligible to vote; and (7) Forward all first class mail, legal documents, and certified mail received by the secretary of state to the program participant.
(1) Certify the applicant, co-applicant, or the minor or person with a disability on whose behalf the application is filed, as a program participant and provide evidence of such certification to the program participant;
(2) Designate each eligible address listed in the application as a confidential address;
(3) Issue the program participant a unique substitute address;
(4) Issue the program participant a unique program participant identification number;
(5) Provide information to the program participant concerning the manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process;
(6) Provide information to the program participant concerning the process to vote as a program participant, if the program participant is eligible to vote; and
(7) Forward all first class mail, legal documents, and certified mail received by the secretary of state to the program participant.
(d) Except for a person described in § 40-38-603 , a co-applicant may apply to the secretary of state with the assistance of an application assistant to use the same substitute address as an applicant with whom the co-applicant resides. The co-applicant's application must contain the following information: (1) The name of the applicant with whom the co-applicant is applying for the substitute address; (2) The relationship of the co-applicant to the applicant, such as spouse, parent, or fiduciary; (3) The mailing address and telephone number at which the secretary of state may contact the co-applicant; (4) The address of the co-applicant and applicant's residence, school, institution of higher education, business, or place of employment that the applicant and co-applicant request not to be disclosed for the reason that disclosure will increase the risk that the applicant, or the child or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person; (5) Documentary evidence of the co-applicant's relationship with the applicant in the form and manner prescribed by rule by the secretary of state; (6) A sworn statement by the co-applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant, or the child or person with a disability on whose behalf the application is made; (7) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the co-applicant has moved with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the co-applicant that the co-applicant intends to move with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to an address unknown to the offender and not previously identified in any public record as the address of the applicant or co-applicant, or to a new address unknown to the offender within the following ninety (90) calendar days. If the co-applicant or the applicant does not move to the same new residence address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the manner and rule provided by the secretary of state, then the co-applicant's program participation must be cancelled, unless the secretary of state determines that the co-applicant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility, with the applicant, the child of the applicant, or the person with a disability for whom the applicant serves as a fiduciary; (8) A voter registration form to be completed if the co-applicant is eligible to vote and wishes to register to vote or update a current voter registration application; (9) A sworn statement that the co-applicant understands all of the following: (A) That during the time the co-applicant chooses to have a confidential voter registration record, the co-applicant may only vote by absentee ballot; (B) That the co-applicant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the co-applicant's signature; and (C) That casting any ballot in person will reveal the co-applicant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the co-applicant's precinct or residence address to members of the public; (10) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of the mail; (11) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner; (12) The notarized signature of the co-applicant, the name and notarized signature of the application assistant who assisted the co-applicant, and the date on which the co-applicant and application assistant signed the application; and (13) If, at the time of application, the co-applicant, or the child of the co-applicant or the person with a disability for whom the co-applicant serves as a fiduciary, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings.
(1) The name of the applicant with whom the co-applicant is applying for the substitute address;
(2) The relationship of the co-applicant to the applicant, such as spouse, parent, or fiduciary;
(3) The mailing address and telephone number at which the secretary of state may contact the co-applicant;
(4) The address of the co-applicant and applicant's residence, school, institution of higher education, business, or place of employment that the applicant and co-applicant request not to be disclosed for the reason that disclosure will increase the risk that the applicant, or the child or person with a disability on whose behalf the application is made, will be threatened or physically harmed by another person;
(5) Documentary evidence of the co-applicant's relationship with the applicant in the form and manner prescribed by rule by the secretary of state;
(6) A sworn statement by the co-applicant that disclosure of the confidential address or addresses would endanger the safety of the applicant, or the child or person with a disability on whose behalf the application is made;
(7) (A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the co-applicant has moved with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to a new residence unknown to the offender within the previous thirty (30) calendar days; or (B) A sworn statement by the co-applicant that the co-applicant intends to move with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to an address unknown to the offender and not previously identified in any public record as the address of the applicant or co-applicant, or to a new address unknown to the offender within the following ninety (90) calendar days. If the co-applicant or the applicant does not move to the same new residence address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the manner and rule provided by the secretary of state, then the co-applicant's program participation must be cancelled, unless the secretary of state determines that the co-applicant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility, with the applicant, the child of the applicant, or the person with a disability for whom the applicant serves as a fiduciary;
(A) Documentary evidence, in the form and manner prescribed by rule by the secretary of state, that the co-applicant has moved with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to a new residence unknown to the offender within the previous thirty (30) calendar days; or
(B) A sworn statement by the co-applicant that the co-applicant intends to move with the applicant, or the child of the applicant or the person with a disability for whom the applicant serves as a fiduciary, to an address unknown to the offender and not previously identified in any public record as the address of the applicant or co-applicant, or to a new address unknown to the offender within the following ninety (90) calendar days. If the co-applicant or the applicant does not move to the same new residence address within the following ninety (90) calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, in the manner and rule provided by the secretary of state, then the co-applicant's program participation must be cancelled, unless the secretary of state determines that the co-applicant is currently residing at a shelter, as defined in § 71-6-202 , or a similar facility, with the applicant, the child of the applicant, or the person with a disability for whom the applicant serves as a fiduciary;
(8) A voter registration form to be completed if the co-applicant is eligible to vote and wishes to register to vote or update a current voter registration application;
(9) A sworn statement that the co-applicant understands all of the following: (A) That during the time the co-applicant chooses to have a confidential voter registration record, the co-applicant may only vote by absentee ballot; (B) That the co-applicant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the co-applicant's signature; and (C) That casting any ballot in person will reveal the co-applicant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the co-applicant's precinct or residence address to members of the public;
(A) That during the time the co-applicant chooses to have a confidential voter registration record, the co-applicant may only vote by absentee ballot;
(B) That the co-applicant may provide a program participant identification number instead of the residence address on an application for an absentee ballot or on an absentee voter's ballot identification envelope statement of voter with the co-applicant's signature; and
(C) That casting any ballot in person will reveal the co-applicant's precinct and residence address to precinct election officials and employees of the county election commission and may reveal the co-applicant's precinct or residence address to members of the public;
(10) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of the mail;
(11) A knowing and voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner;
(12) The notarized signature of the co-applicant, the name and notarized signature of the application assistant who assisted the co-applicant, and the date on which the co-applicant and application assistant signed the application; and
(13) If, at the time of application, the co-applicant, or the child of the co-applicant or the person with a disability for whom the co-applicant serves as a fiduciary, is subject to a court order or is involved in court action related to the dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the name of the court, contact information for the court, and the case number associated with those proceedings.
Amended by 2024 Tenn. Acts, ch. 620,s 3, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 1, eff. 3/27/2024.
Amended by 2021 Tenn. Acts, ch. 140, Secs.s 7, s 8, s 9 eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 577, s 3, eff. 3/19/2020.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-1-106 — TN Code / Title 40 / Chapter 1 / Section 40-1-106
Officials defined as magistrates
Status: in_force

The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district. All other magistrates have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district, county, or jurisdiction, if at least one (1) element of the alleged crime on which the search warrant is based is committed within the jurisdiction of the magistrate. Amended by 2024 Tenn. Acts, ch. 892,s 2, eff. 5/1/2024. Amended by 2019 Tenn. Acts, ch. 486, s 14, eff. 7/1/2019.
The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district. All other magistrates have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district, county, or jurisdiction, if at least one (1) element of the alleged crime on which the search warrant is based is committed within the jurisdiction of the magistrate.
Amended by 2024 Tenn. Acts, ch. 892,s 2, eff. 5/1/2024.
Amended by 2019 Tenn. Acts, ch. 486, s 14, eff. 7/1/2019.
Tenn. Code Ann. § 40-25-141 — TN Code / Title 40 / Chapter 25 / Section 40-25-141
Misdemeanor cases transferred
Status: repealed

When a misdemeanor case is transferred out of the county of origin to another county where the misdemeanor is disposed of, the county where the case originated shall pay the costs. Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7628; Code 1932, § 12257; T.C.A. (orig. ed.), § 40-3348.
When a misdemeanor case is transferred out of the county of origin to another county where the misdemeanor is disposed of, the county where the case originated shall pay the costs.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7628; Code 1932, § 12257; T.C.A. (orig. ed.), § 40-3348.
Tenn. Code Ann. § 40-28-120 — TN Code / Title 40 / Chapter 28 / Section 40-28-120
Reserved
Status: repealed

Acts 1937, ch. 276, § 10; mod. C. Supp. 1950, § 11818.10 (Williams, § 11843.10); Acts 1963, ch. 192, § 5; 1974, ch. 624, § 7; 1979, ch. 359, § 21; T.C.A. (orig. ed.), § 40-3617; Acts 1989, ch. 227, § 39; 1998, ch. 1049, §§ 23, 25; repealed by Acts 2012, ch. 727, § 27, effective 7/1/2012.
Tenn. Code Ann. § 40-28-117 — TN Code / Title 40 / Chapter 28 / Section 40-28-117
Grounds for parole - Terms
Status: in_force

(a) (1) Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that the prisoner's release is not incompatible with the welfare of society. If the board so determines, the prisoner may be paroled and if paroled shall be allowed to go upon parole outside of prison walls and enclosure upon the terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison or the supervisor of the county jail or workhouse from which the prisoner is paroled, until the expiration of parole. The terms and conditions of parole set by the board may specifically include the requirement that a prisoner pay restitution to the victims of the crimes for which the prisoner had been sentenced to prison, to compensate them for their personal injuries or property losses or both proximately caused through the commission of those crimes. (2) (A) For any prisoner paroled on or after July 1, 2014, the terms and conditions may specifically include that the prisoner, upon release, use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the board, the prisoner's use of alcohol or drugs was a contributing factor in one (1) or more of the offenses for which the prisoner is being paroled. (B) As used in this subdivision (a)(2), "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. If the board includes use of a transdermal monitoring device or alternative monitoring device as a term and condition on or after July 1, 2016, but determines that the person is indigent, the board 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 . (3) The terms and conditions of parole for a prisoner convicted of vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , must specifically include that the prisoner, upon release: (A) Attend substance abuse treatment for the duration of any period of parole. Attendance at substance abuse treatment shall be a condition of parole, and failure to attend shall be punished as a violation of the conditions of the prisoner's parole; and (B) Is prohibited from possessing or consuming alcohol or a controlled substance, as defined in § 39-17-402 , for which the prisoner does not have a valid prescription for the duration of any period of parole. Possession or consumption of alcohol or a controlled substance for which the prisoner does not have a valid prescription during parole shall be punished as a violation of the conditions of the prisoner's parole. (b) Every prisoner who has never been granted a parole of any type by the board on a particular sentence of imprisonment shall be granted a mandatory parole by the board subject to the following restrictions: (1) Prisoners serving an indeterminate or determinate sentence with a maximum term of two (2) years up to ten (10) years inclusive, as fixed by the court, shall be paroled by the board ninety (90) days prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (2) Prisoners serving a determinate or indeterminate sentence with a maximum term of more than ten (10) years as fixed by the court, shall be paroled by the board six (6) months prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (3) All prisoners mandatorily paroled shall be paroled under the provisions and conditions as the board may deem necessary. A violation of the provisions and conditions shall subject the prisoner to all the penalties and provisions of law now provided for violation of the terms of parole. Upon a violation, the prisoner shall not receive another mandatory parole, but may be paroled in the discretion of the board; (4) Mandatory parole shall not be construed to grant parole earlier than set forth in §§ 40-28-115 - 40-28-119; (5) Every prisoner released on mandatory parole shall receive a money and clothing allowance, as set out in § 41-21-219 , for prisoners released on parole; and (6) Prisoners who have been convicted of a sex offense shall not be released on mandatory parole unless they have been evaluated and met the requirement described in § 40-28-116(a) . (c) (1) Except as provided in subdivision (c)(2), if a prisoner released on parole is required as a condition of parole to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the prisoner to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (c)(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 must promptly give notice of the violation to the department of correction. Amended by 2024 Tenn. Acts, ch. 874,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 671,s 3, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 993, s 13, eff. 7/1/2016. Acts 1937, ch. 276, § 9; C. Supp. 1950, § 11818.9 (Williams, § 11843.9); Acts 1961, ch. 93, § 11; 1974, ch. 624, § 5; 1975, ch. 99, § 1; 1979, ch. 313, § 1; T.C.A. (orig. ed.), § 40-3614; Acts 1989, ch. 227, §§ 31-33; 2014, ch. 567, § 2.
(a) (1) Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that the prisoner's release is not incompatible with the welfare of society. If the board so determines, the prisoner may be paroled and if paroled shall be allowed to go upon parole outside of prison walls and enclosure upon the terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison or the supervisor of the county jail or workhouse from which the prisoner is paroled, until the expiration of parole. The terms and conditions of parole set by the board may specifically include the requirement that a prisoner pay restitution to the victims of the crimes for which the prisoner had been sentenced to prison, to compensate them for their personal injuries or property losses or both proximately caused through the commission of those crimes. (2) (A) For any prisoner paroled on or after July 1, 2014, the terms and conditions may specifically include that the prisoner, upon release, use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the board, the prisoner's use of alcohol or drugs was a contributing factor in one (1) or more of the offenses for which the prisoner is being paroled. (B) As used in this subdivision (a)(2), "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. If the board includes use of a transdermal monitoring device or alternative monitoring device as a term and condition on or after July 1, 2016, but determines that the person is indigent, the board 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 . (3) The terms and conditions of parole for a prisoner convicted of vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , must specifically include that the prisoner, upon release: (A) Attend substance abuse treatment for the duration of any period of parole. Attendance at substance abuse treatment shall be a condition of parole, and failure to attend shall be punished as a violation of the conditions of the prisoner's parole; and (B) Is prohibited from possessing or consuming alcohol or a controlled substance, as defined in § 39-17-402 , for which the prisoner does not have a valid prescription for the duration of any period of parole. Possession or consumption of alcohol or a controlled substance for which the prisoner does not have a valid prescription during parole shall be punished as a violation of the conditions of the prisoner's parole.
(1) Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that the prisoner's release is not incompatible with the welfare of society. If the board so determines, the prisoner may be paroled and if paroled shall be allowed to go upon parole outside of prison walls and enclosure upon the terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison or the supervisor of the county jail or workhouse from which the prisoner is paroled, until the expiration of parole. The terms and conditions of parole set by the board may specifically include the requirement that a prisoner pay restitution to the victims of the crimes for which the prisoner had been sentenced to prison, to compensate them for their personal injuries or property losses or both proximately caused through the commission of those crimes.
(2) (A) For any prisoner paroled on or after July 1, 2014, the terms and conditions may specifically include that the prisoner, upon release, use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the board, the prisoner's use of alcohol or drugs was a contributing factor in one (1) or more of the offenses for which the prisoner is being paroled. (B) As used in this subdivision (a)(2), "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. If the board includes use of a transdermal monitoring device or alternative monitoring device as a term and condition on or after July 1, 2016, but determines that the person is indigent, the board 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 .
(A) For any prisoner paroled on or after July 1, 2014, the terms and conditions may specifically include that the prisoner, upon release, use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the board, the prisoner's use of alcohol or drugs was a contributing factor in one (1) or more of the offenses for which the prisoner is being paroled.
(B) As used in this subdivision (a)(2), "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. If the board includes use of a transdermal monitoring device or alternative monitoring device as a term and condition on or after July 1, 2016, but determines that the person is indigent, the board 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 .
(3) The terms and conditions of parole for a prisoner convicted of vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , must specifically include that the prisoner, upon release: (A) Attend substance abuse treatment for the duration of any period of parole. Attendance at substance abuse treatment shall be a condition of parole, and failure to attend shall be punished as a violation of the conditions of the prisoner's parole; and (B) Is prohibited from possessing or consuming alcohol or a controlled substance, as defined in § 39-17-402 , for which the prisoner does not have a valid prescription for the duration of any period of parole. Possession or consumption of alcohol or a controlled substance for which the prisoner does not have a valid prescription during parole shall be punished as a violation of the conditions of the prisoner's parole.
(A) Attend substance abuse treatment for the duration of any period of parole. Attendance at substance abuse treatment shall be a condition of parole, and failure to attend shall be punished as a violation of the conditions of the prisoner's parole; and
(B) Is prohibited from possessing or consuming alcohol or a controlled substance, as defined in § 39-17-402 , for which the prisoner does not have a valid prescription for the duration of any period of parole. Possession or consumption of alcohol or a controlled substance for which the prisoner does not have a valid prescription during parole shall be punished as a violation of the conditions of the prisoner's parole.
(b) Every prisoner who has never been granted a parole of any type by the board on a particular sentence of imprisonment shall be granted a mandatory parole by the board subject to the following restrictions: (1) Prisoners serving an indeterminate or determinate sentence with a maximum term of two (2) years up to ten (10) years inclusive, as fixed by the court, shall be paroled by the board ninety (90) days prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (2) Prisoners serving a determinate or indeterminate sentence with a maximum term of more than ten (10) years as fixed by the court, shall be paroled by the board six (6) months prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (3) All prisoners mandatorily paroled shall be paroled under the provisions and conditions as the board may deem necessary. A violation of the provisions and conditions shall subject the prisoner to all the penalties and provisions of law now provided for violation of the terms of parole. Upon a violation, the prisoner shall not receive another mandatory parole, but may be paroled in the discretion of the board; (4) Mandatory parole shall not be construed to grant parole earlier than set forth in §§ 40-28-115 - 40-28-119; (5) Every prisoner released on mandatory parole shall receive a money and clothing allowance, as set out in § 41-21-219 , for prisoners released on parole; and (6) Prisoners who have been convicted of a sex offense shall not be released on mandatory parole unless they have been evaluated and met the requirement described in § 40-28-116(a) .
(1) Prisoners serving an indeterminate or determinate sentence with a maximum term of two (2) years up to ten (10) years inclusive, as fixed by the court, shall be paroled by the board ninety (90) days prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time;
(2) Prisoners serving a determinate or indeterminate sentence with a maximum term of more than ten (10) years as fixed by the court, shall be paroled by the board six (6) months prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time;
(3) All prisoners mandatorily paroled shall be paroled under the provisions and conditions as the board may deem necessary. A violation of the provisions and conditions shall subject the prisoner to all the penalties and provisions of law now provided for violation of the terms of parole. Upon a violation, the prisoner shall not receive another mandatory parole, but may be paroled in the discretion of the board;
(4) Mandatory parole shall not be construed to grant parole earlier than set forth in §§ 40-28-115 - 40-28-119;
(5) Every prisoner released on mandatory parole shall receive a money and clothing allowance, as set out in § 41-21-219 , for prisoners released on parole; and
(6) Prisoners who have been convicted of a sex offense shall not be released on mandatory parole unless they have been evaluated and met the requirement described in § 40-28-116(a) .
(c) (1) Except as provided in subdivision (c)(2), if a prisoner released on parole is required as a condition of parole to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the prisoner to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (c)(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 must promptly give notice of the violation to the department of correction.
(1) Except as provided in subdivision (c)(2), if a prisoner released on parole is required as a condition of parole to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the prisoner to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device.
(A) For the prisoner to knowingly tamper with, remove, or vandalize the monitoring device; or
(B) For any person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device.
(2) If a person violates subdivision (c)(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 must promptly give notice of the violation to the department of correction.
Amended by 2024 Tenn. Acts, ch. 874,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 671,s 3, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 993, s 13, eff. 7/1/2016.
Acts 1937, ch. 276, § 9; C. Supp. 1950, § 11818.9 (Williams, § 11843.9); Acts 1961, ch. 93, § 11; 1974, ch. 624, § 5; 1975, ch. 99, § 1; 1979, ch. 313, § 1; T.C.A. (orig. ed.), § 40-3614; Acts 1989, ch. 227, §§ 31-33; 2014, ch. 567, § 2.
Tenn. Code Ann. § 40-11-154 — TN Code / Title 40 / Chapter 11 / Section 40-11-154
Violation of condition of release - Penalties and exclusions
Status: in_force

(a) It is an offense to knowingly violate a condition of release imposed pursuant to this part. (b) A violation of subsection (a) is a Class A misdemeanor. (c) A defendant shall not be convicted of both a violation of this section and a violation of § 39-13-113(i) if the facts supporting the prosecution arise out of the same criminal conduct. (d) A person who violates subsection (a) may be arrested with or without a warrant as provided in § 40-7-103(b) . Added by 2024 Tenn. Acts, ch. 942,s 1, eff. 7/1/2024.
(a) It is an offense to knowingly violate a condition of release imposed pursuant to this part.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) A defendant shall not be convicted of both a violation of this section and a violation of § 39-13-113(i) if the facts supporting the prosecution arise out of the same criminal conduct.
(d) A person who violates subsection (a) may be arrested with or without a warrant as provided in § 40-7-103(b) .
Added by 2024 Tenn. Acts, ch. 942,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 40-30-309 — TN Code / Title 40 / Chapter 30 / Section 40-30-309
Preservation of evidence during pendency of proceeding - Sanctions
Status: in_force

When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-409.
When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-409.
Tenn. Code Ann. § 40-20-115 — TN Code / Title 40 / Chapter 20 / Section 40-20-115
Disqualification from fiduciary office
Status: in_force

The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office. Amended by 2013 Tenn. Acts, ch. 435,s 33, eff. 7/1/2013. Code 1858, § 5230; Shan., § 7203; Code 1932, § 11789; T.C.A. (orig. ed.), § 40-2715.
The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office.
Amended by 2013 Tenn. Acts, ch. 435,s 33, eff. 7/1/2013.
Code 1858, § 5230; Shan., § 7203; Code 1932, § 11789; T.C.A. (orig. ed.), § 40-2715.
Tenn. Code Ann. § 40-7-110 — TN Code / Title 40 / Chapter 7 / Section 40-7-110
Arrest by private person - Time
Status: in_force

A private person may make an arrest for a felony at any time. Code 1858, § 5034; Shan., § 6994; Code 1932, § 11533; T.C.A. (orig. ed.), § 40-817.
A private person may make an arrest for a felony at any time.
Code 1858, § 5034; Shan., § 6994; Code 1932, § 11533; T.C.A. (orig. ed.), § 40-817.
Tenn. Code Ann. § 40-20-102 — TN Code / Title 40 / Chapter 20 / Section 40-20-102
Discretion as to fine or imprisonment
Status: in_force

In all prosecutions for misdemeanors where the punishment prescribed is a fine or imprisonment, or both, the discretion as to the punishment shall be in the court unless otherwise provided. Code 1932, § 10757; T.C.A. (orig. ed.), § 40-2702.
In all prosecutions for misdemeanors where the punishment prescribed is a fine or imprisonment, or both, the discretion as to the punishment shall be in the court unless otherwise provided.
Code 1932, § 10757; T.C.A. (orig. ed.), § 40-2702.
Tenn. Code Ann. § 40-9-117 — TN Code / Title 40 / Chapter 9 / Section 40-9-117
Recall or reissuance of warrant
Status: in_force

The governor may recall the governor's warrant of arrest, or may issue another warrant whenever the governor deems proper. Acts 1951, ch. 240, § 21 (Williams, § 11935.21); T.C.A. (orig. ed.), § 40-1017.
The governor may recall the governor's warrant of arrest, or may issue another warrant whenever the governor deems proper.
Acts 1951, ch. 240, § 21 (Williams, § 11935.21); T.C.A. (orig. ed.), § 40-1017.
Tenn. Code Ann. § 40-39-104 — TN Code / Title 40 / Chapter 39 / Section 40-39-104
Promulgation of rules
Status: in_force

The TBI may promulgate rules to effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2015, ch. 413, § 1.
The TBI may promulgate rules to effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2015, ch. 413, § 1.
Tenn. Code Ann. § 40-10-109 — TN Code / Title 40 / Chapter 10 / Section 40-10-109
Increase of bond - Surety
Status: in_force

Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security. Code 1858, §5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security.
Code 1858, §5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
Tenn. Code Ann. § 40-7-116 — TN Code / Title 40 / Chapter 7 / Section 40-7-116
Theft - Detention of suspect by merchant or peace officer
Status: in_force

(a) A merchant, a merchant's employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103 , may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes: (1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof; (2) To request or verify identification, or both; (3) To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both; (4) To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or (5) To institute criminal proceedings against the person. (b) Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on, but not limited to: (1) Personal observation, including observation via closed circuit television or other visual device; (2) Report of personal observation from another merchant; (3) Activation of an electronic or other type of mechanical device designed to detect theft; or (4) Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur. (c) A merchant, a merchant's employee or agent, or a peace officer who detains, questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention, questioning or arrest if the merchant, merchant's employee or agent, or peace officer: (1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft; (2) Acts in a reasonable manner under the circumstances; and (3) Detains the suspected person for a reasonable period of time. (d) The merchant may use a reasonable amount of force necessary to protect the merchant, to prevent escape of the person detained, or to prevent the loss or destruction of property. (e) A "reasonable period of time", for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the merchant or the merchant's employee or agent has summoned a law enforcement officer, the parents or a guardian. Acts 1957, ch. 164, §§ 1, 3; T.C.A., §§ 40-824, 40-826; Acts 1983, ch. 326, § 2; 1990, ch. 1030, § 17.
(a) A merchant, a merchant's employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103 , may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes: (1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof; (2) To request or verify identification, or both; (3) To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both; (4) To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or (5) To institute criminal proceedings against the person.
(1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;
(2) To request or verify identification, or both;
(3) To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both;
(4) To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or
(5) To institute criminal proceedings against the person.
(b) Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on, but not limited to: (1) Personal observation, including observation via closed circuit television or other visual device; (2) Report of personal observation from another merchant; (3) Activation of an electronic or other type of mechanical device designed to detect theft; or (4) Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur.
(1) Personal observation, including observation via closed circuit television or other visual device;
(2) Report of personal observation from another merchant;
(3) Activation of an electronic or other type of mechanical device designed to detect theft; or
(4) Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur.
(c) A merchant, a merchant's employee or agent, or a peace officer who detains, questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention, questioning or arrest if the merchant, merchant's employee or agent, or peace officer: (1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft; (2) Acts in a reasonable manner under the circumstances; and (3) Detains the suspected person for a reasonable period of time.
(1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft;
(2) Acts in a reasonable manner under the circumstances; and
(3) Detains the suspected person for a reasonable period of time.
(d) The merchant may use a reasonable amount of force necessary to protect the merchant, to prevent escape of the person detained, or to prevent the loss or destruction of property.
(e) A "reasonable period of time", for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the merchant or the merchant's employee or agent has summoned a law enforcement officer, the parents or a guardian.
Acts 1957, ch. 164, §§ 1, 3; T.C.A., §§ 40-824, 40-826; Acts 1983, ch. 326, § 2; 1990, ch. 1030, § 17.
Tenn. Code Ann. § 40-20-112 — TN Code / Title 40 / Chapter 20 / Section 40-20-112
Judgment of infamy - Right of suffrage - Competency as a witness
Status: in_force

Upon conviction for any felony, it shall be the judgment of the court that the defendant be infamous and be immediately disqualified from exercising the right of suffrage. No person so convicted shall be disqualified to testify in any action, civil or criminal, by reason of having been convicted of any felony, and the fact of conviction for any felony may only be used as a reflection upon the person's credibility as a witness. Code 1858, § 5226 (deriv. Acts 1829, ch. 23, § 71); Shan., § 7199; mod. Code 1932, § 11762; Acts 1941, ch. 64, § 1; C. Supp. 1950, § 11762; Acts 1953, ch. 194, § 1; 1972, ch. 740, § 4(70); 1981, ch. 342, § 1; T.C.A. (orig. ed.), § 40-2712; Acts 1996, ch. 675, § 33.
Upon conviction for any felony, it shall be the judgment of the court that the defendant be infamous and be immediately disqualified from exercising the right of suffrage. No person so convicted shall be disqualified to testify in any action, civil or criminal, by reason of having been convicted of any felony, and the fact of conviction for any felony may only be used as a reflection upon the person's credibility as a witness.
Code 1858, § 5226 (deriv. Acts 1829, ch. 23, § 71); Shan., § 7199; mod. Code 1932, § 11762; Acts 1941, ch. 64, § 1; C. Supp. 1950, § 11762; Acts 1953, ch. 194, § 1; 1972, ch. 740, § 4(70); 1981, ch. 342, § 1; T.C.A. (orig. ed.), § 40-2712; Acts 1996, ch. 675, § 33.
Tenn. Code Ann. § 40-38-402 — TN Code / Title 40 / Chapter 38 / Section 40-38-402
Expenses - Grants
Status: in_force

The academy shall be attached to the Tennessee Coalition Against Domestic and Sexual Violence. All administrative expenses incurred by the academy shall be paid from grants and funds the academy or the Tennessee Coalition Against Domestic Sexual Violence receives pursuant to § 40-38-405 . Acts 2008 , ch. 1077, § 2.
The academy shall be attached to the Tennessee Coalition Against Domestic and Sexual Violence. All administrative expenses incurred by the academy shall be paid from grants and funds the academy or the Tennessee Coalition Against Domestic Sexual Violence receives pursuant to § 40-38-405 .
Acts 2008 , ch. 1077, § 2.
Tenn. Code Ann. § 40-6-203 — TN Code / Title 40 / Chapter 6 / Section 40-6-203
Examination of affiant
Status: in_force

(a) Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it. (b) (1) The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously. (2) Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with § 40-6-204 and Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant. Amended by 2021 Tenn. Acts, ch. 539, s 3, eff. 7/1/2021. Code 1858, § 5020; Shan., § 6979; Code 1932, § 11518; T.C.A. (orig. ed.), § 40-702; Acts 1999, ch. 51, § 1; 2003 , ch. 366, § 1.
(a) Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it.
(b) (1) The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously. (2) Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with § 40-6-204 and Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant.
(1) The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously.
(2) Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with § 40-6-204 and Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant.
Amended by 2021 Tenn. Acts, ch. 539, s 3, eff. 7/1/2021.
Code 1858, § 5020; Shan., § 6979; Code 1932, § 11518; T.C.A. (orig. ed.), § 40-702; Acts 1999, ch. 51, § 1; 2003 , ch. 366, § 1.
Tenn. Code Ann. § 40-9-124 — TN Code / Title 40 / Chapter 9 / Section 40-9-124
Application for requisition of escapee, bail jumper, parole violator, probationer, or community corrections violator
Status: in_force

When the return to this state is required for a person who has been convicted of a felony in this state and has escaped from confinement, broken the terms of the person's bail, court-ordered probation, probation pursuant to § 40-35-501(a)(3) , or has escaped from or broken the terms of a sentence to any community based alternative to incarceration pursuant to chapter 36 of this title, the district attorney general for the county in which the offense was committed, the director of probation and parole, or the warden of the institution or sheriff of the county from which the escape was made, shall present to the governor a written application for a requisition for the return of the escaped person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or placement in the community-based alternative to incarceration, or of the breach of the terms of the person's bail, any form of probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made. In the case of an application for requisition for escape from, or a breach in the terms of a sentence to, a community based alternative to incarceration, only the district attorney general for the county in which the original offense was committed or the county in which the escape occurred shall have the authority to file the application with the governor. C. Supp. 1950, § 11924.2; modified; T.C.A. (orig. ed.), §40-1026; Acts 1991, ch. 241, §1; 2012 , ch. 727, § 9.
When the return to this state is required for a person who has been convicted of a felony in this state and has escaped from confinement, broken the terms of the person's bail, court-ordered probation, probation pursuant to § 40-35-501(a)(3) , or has escaped from or broken the terms of a sentence to any community based alternative to incarceration pursuant to chapter 36 of this title, the district attorney general for the county in which the offense was committed, the director of probation and parole, or the warden of the institution or sheriff of the county from which the escape was made, shall present to the governor a written application for a requisition for the return of the escaped person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or placement in the community-based alternative to incarceration, or of the breach of the terms of the person's bail, any form of probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made. In the case of an application for requisition for escape from, or a breach in the terms of a sentence to, a community based alternative to incarceration, only the district attorney general for the county in which the original offense was committed or the county in which the escape occurred shall have the authority to file the application with the governor.
C. Supp. 1950, § 11924.2; modified; T.C.A. (orig. ed.), §40-1026; Acts 1991, ch. 241, §1; 2012 , ch. 727, § 9.
Tenn. Code Ann. § 40-35-108 — TN Code / Title 40 / Chapter 35 / Section 40-35-108
Career offender
Status: in_force

(a) A career offender is a defendant who has received: (1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony; (2) At least three (3) Class A or any combination of four (4) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony; or (3) At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E felony. (b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section, unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) "Prior convictions" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (c) A defendant who is found by the court beyond a reasonable doubt to be a career offender shall receive the maximum sentence within the applicable Range III. (d) The finding that a defendant is or is not a career offender is appealable by either party. Amended by 2021 Tenn. Acts, ch. 545, s 12, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 4; 2009 , ch. 603, § 3; 2010 , ch. 861, § 3.
(a) A career offender is a defendant who has received: (1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony; (2) At least three (3) Class A or any combination of four (4) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony; or (3) At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E felony.
(1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony;
(2) At least three (3) Class A or any combination of four (4) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony; or
(3) At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E felony.
(b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section, unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) "Prior convictions" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
(2) All prior felony convictions, including those occurring prior to November 1, 1989, are included;
(3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section, unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section, unless the juvenile was convicted of a felony in a criminal court;
(B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
(5) "Prior convictions" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(c) A defendant who is found by the court beyond a reasonable doubt to be a career offender shall receive the maximum sentence within the applicable Range III.
(d) The finding that a defendant is or is not a career offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 12, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 4; 2009 , ch. 603, § 3; 2010 , ch. 861, § 3.
Tenn. Code Ann. § 40-35-109 — TN Code / Title 40 / Chapter 35 / Section 40-35-109
Especially mitigated offender
Status: in_force

(a) The court may find the defendant is an especially mitigated offender, if: (1) The defendant has no prior felony convictions; and (2) The court finds mitigating, but no enhancement factors. (b) If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%). (c) If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect. (d) The finding that a defendant is or is not an especially mitigated offender is appealable by either party. Acts 1989, ch. 591, § 6.
(a) The court may find the defendant is an especially mitigated offender, if: (1) The defendant has no prior felony convictions; and (2) The court finds mitigating, but no enhancement factors.
(1) The defendant has no prior felony convictions; and
(2) The court finds mitigating, but no enhancement factors.
(b) If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%).
(c) If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.
(d) The finding that a defendant is or is not an especially mitigated offender is appealable by either party.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-5-103 — TN Code / Title 40 / Chapter 5 / Section 40-5-103
Examination required before commitment
Status: in_force

No person can be committed to prison for any criminal matter until examination thereof is first had before some magistrate. Code 1858, § 5017 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6976; Code 1932, § 11515; T.C.A. (orig. ed.), § 40-604.
No person can be committed to prison for any criminal matter until examination thereof is first had before some magistrate.
Code 1858, § 5017 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6976; Code 1932, § 11515; T.C.A. (orig. ed.), § 40-604.
Tenn. Code Ann. § 40-28-505 — TN Code / Title 40 / Chapter 28 / Section 40-28-505
Parole
Status: in_force

(a) Within ninety (90) days of receipt by the department of correction of a valid judgment of conviction, the department shall notify the victim witness coordinator of the county of conviction of the currently scheduled parole hearing date when the inmate will be eligible for parole consideration. (b) At least thirty (30) days prior to a scheduled parole hearing and three (3) days prior to a parole revocation hearing conducted pursuant to § 40-28-122 , the board of parole shall send a notice of the date and place of the hearing to the following individuals: (1) The trial judge for the court in which the conviction occurred, or the trial judge's successor; (2) The district attorney general in the county in which the crime was prosecuted; (3) The sheriff of the county in which the crime was committed; and (4) The victim or the victim's representative who has requested notification of the date and place of the scheduled hearing or notice of the board's final decision. However, at any time, the victim or victim's representative may withdraw the request for notice by sending the board a written notarized statement that the request for notice is withdrawn or, if the victim or victim's representative is registered with the state's electronic victim notification system, by cancelling that registration in the system. (c) No later than thirty (30) days after a parole or parole revocation decision has been finalized, the board shall send notice of its decision to those required to receive notice under subsection (b), together with notice that any victim whom the board failed to notify as required in subsection (b) has the opportunity to have a written victim impact statement considered by the board, pursuant to subsection (d). (d) The following remedies apply if there is a failure to provide the required advance notice: (1) Prior to a parole or parole revocation hearing, a party to whom the board failed to provide the notice required in subsection (b) may request the board to postpone the scheduled hearing. Upon that request, the board may, for just cause, postpone the scheduled parole or parole revocation hearing in order to provide a reasonable opportunity for the party to attend the hearing and, if that party is a victim, to submit a victim statement; and (2) If within fifteen (15) days after a parole or a parole revocation decision has been finalized, the board receives a written victim impact statement from a party to whom the board failed to provide the notice required in subsection (b), the board shall consider the statement. If the board finds that the victim impact statement warrants a new hearing, it shall schedule the hearing, subject to all notification requirements under subsection (b). (e) Any notice required to be provided to the victim or victim's representative by this section shall be mailed to the last known address of the victim or the victim's representative unless the victim or victim's representative is registered with the state's electronic victim notification system, in which case the notice shall be communicated to the victim or victim's representative by the method or methods indicated by the registration in the system. It is the responsibility of the victim or victim's representative to provide the board a current mailing address. (f) This section shall apply only to an inmate who has received a sentence of two (2) or more years. (g) Any notice of an inmate's release on parole required to be provided to the victim or the victim's representative shall include the proposed county of residence of the inmate. (h) (1) Any identifying information concerning a crime victim or a crime victim's representative who has been notified or requested that notification be provided to the victim or the victim's representative pursuant to this section shall be confidential. (2) For purposes of subdivision (h)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided. Amended by 2018 Tenn. Acts, ch. 598,Secs.s1, s2 eff. 7/1/2018. Acts 1993, ch. 336, § 5; 1997, ch. 489, § 1; 1998, ch. 1049, § 24; 1999, ch. 127, § 1; 1999, ch. 516, § 3; 2001, ch. 53, §§ 1, 2; 2006, ch. 666, § 3; 2009, ch. 176, § 2.
(a) Within ninety (90) days of receipt by the department of correction of a valid judgment of conviction, the department shall notify the victim witness coordinator of the county of conviction of the currently scheduled parole hearing date when the inmate will be eligible for parole consideration.
(b) At least thirty (30) days prior to a scheduled parole hearing and three (3) days prior to a parole revocation hearing conducted pursuant to § 40-28-122 , the board of parole shall send a notice of the date and place of the hearing to the following individuals: (1) The trial judge for the court in which the conviction occurred, or the trial judge's successor; (2) The district attorney general in the county in which the crime was prosecuted; (3) The sheriff of the county in which the crime was committed; and (4) The victim or the victim's representative who has requested notification of the date and place of the scheduled hearing or notice of the board's final decision. However, at any time, the victim or victim's representative may withdraw the request for notice by sending the board a written notarized statement that the request for notice is withdrawn or, if the victim or victim's representative is registered with the state's electronic victim notification system, by cancelling that registration in the system.
(1) The trial judge for the court in which the conviction occurred, or the trial judge's successor;
(2) The district attorney general in the county in which the crime was prosecuted;
(3) The sheriff of the county in which the crime was committed; and
(4) The victim or the victim's representative who has requested notification of the date and place of the scheduled hearing or notice of the board's final decision. However, at any time, the victim or victim's representative may withdraw the request for notice by sending the board a written notarized statement that the request for notice is withdrawn or, if the victim or victim's representative is registered with the state's electronic victim notification system, by cancelling that registration in the system.
(c) No later than thirty (30) days after a parole or parole revocation decision has been finalized, the board shall send notice of its decision to those required to receive notice under subsection (b), together with notice that any victim whom the board failed to notify as required in subsection (b) has the opportunity to have a written victim impact statement considered by the board, pursuant to subsection (d).
(d) The following remedies apply if there is a failure to provide the required advance notice: (1) Prior to a parole or parole revocation hearing, a party to whom the board failed to provide the notice required in subsection (b) may request the board to postpone the scheduled hearing. Upon that request, the board may, for just cause, postpone the scheduled parole or parole revocation hearing in order to provide a reasonable opportunity for the party to attend the hearing and, if that party is a victim, to submit a victim statement; and (2) If within fifteen (15) days after a parole or a parole revocation decision has been finalized, the board receives a written victim impact statement from a party to whom the board failed to provide the notice required in subsection (b), the board shall consider the statement. If the board finds that the victim impact statement warrants a new hearing, it shall schedule the hearing, subject to all notification requirements under subsection (b).
(1) Prior to a parole or parole revocation hearing, a party to whom the board failed to provide the notice required in subsection (b) may request the board to postpone the scheduled hearing. Upon that request, the board may, for just cause, postpone the scheduled parole or parole revocation hearing in order to provide a reasonable opportunity for the party to attend the hearing and, if that party is a victim, to submit a victim statement; and
(2) If within fifteen (15) days after a parole or a parole revocation decision has been finalized, the board receives a written victim impact statement from a party to whom the board failed to provide the notice required in subsection (b), the board shall consider the statement. If the board finds that the victim impact statement warrants a new hearing, it shall schedule the hearing, subject to all notification requirements under subsection (b).
(e) Any notice required to be provided to the victim or victim's representative by this section shall be mailed to the last known address of the victim or the victim's representative unless the victim or victim's representative is registered with the state's electronic victim notification system, in which case the notice shall be communicated to the victim or victim's representative by the method or methods indicated by the registration in the system. It is the responsibility of the victim or victim's representative to provide the board a current mailing address.
(f) This section shall apply only to an inmate who has received a sentence of two (2) or more years.
(g) Any notice of an inmate's release on parole required to be provided to the victim or the victim's representative shall include the proposed county of residence of the inmate.
(h) (1) Any identifying information concerning a crime victim or a crime victim's representative who has been notified or requested that notification be provided to the victim or the victim's representative pursuant to this section shall be confidential. (2) For purposes of subdivision (h)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
(1) Any identifying information concerning a crime victim or a crime victim's representative who has been notified or requested that notification be provided to the victim or the victim's representative pursuant to this section shall be confidential.
(2) For purposes of subdivision (h)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
Amended by 2018 Tenn. Acts, ch. 598,Secs.s1, s2 eff. 7/1/2018.
Acts 1993, ch. 336, § 5; 1997, ch. 489, § 1; 1998, ch. 1049, § 24; 1999, ch. 127, § 1; 1999, ch. 516, § 3; 2001, ch. 53, §§ 1, 2; 2006, ch. 666, § 3; 2009, ch. 176, § 2.
Tenn. Code Ann. § 40-30-206 — TN Code / Title 40 / Chapter 30 / Section 40-30-206
Duties
Status: in_force

(a) It is the primary responsibility of the post-conviction defender to represent, without additional compensation, any person convicted and sentenced to death in this state who is without counsel and who is unable to secure counsel due to indigency or determined by a state court with competent jurisdiction to be indigent, for the purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against that person in state court, and who the court determines requires the appointment of counsel. (b) Under limited circumstance where the post-conviction defender determines that it is in the interest of justice, the post-conviction defender may represent, without additional compensation, any person on a direct appellate review of the conviction of a capital crime if that person is without counsel and is unable to secure counsel due to indigency, or is determined by a state court with competent jurisdiction to be indigent and where that state court has determined competent counsel is unavailable. (c) The post-conviction defender shall represent, without additional compensation, any person convicted and sentenced to death in this state who is without counsel and who is unable to secure counsel due to that person's indigency or is determined by a state court of competent jurisdiction to be indigent for the purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against the person in the federal courts in this state, the United States court of appeals for the sixth circuit, and the United States supreme court, only to the extent that compensation for representation and reimbursement for expenses is provided by 18 U.S.C. § 3006A or any other non-state funded source. (d) The post-conviction defender shall also: (1) Maintain a clearinghouse of materials and a repository of briefs prepared by the post-conviction defender to be made available to public defenders and private counsel who represent indigents charged with or convicted of capital crimes; (2) Provide continuing legal education training to public defenders, assistant post-conviction defenders and to private counsel representing indigents in capital cases, as resources are available; (3) Provide consulting services to all attorneys representing defendants in capital cases on a non-case-specific basis; and (4) Recruit qualified members of the private bar who are willing to provide representation in state death penalty proceedings. (e) Where the post-conviction defender determines that it is in the interest of justice, the post-conviction defender may represent, without additional compensation, a death sentenced inmate, who, at the completion of both state post-conviction proceedings and federal collateral review, remains under a sentence of death, if the individual is presently represented by the post-conviction defender or if the individual is not currently represented by the post-conviction defender but is unable to secure counsel due to indigency, during clemency proceedings before the Tennessee board of parole and the governor and in proceedings to determine whether the death sentenced inmate is competent to be executed. Acts 1995, ch. 510, § 1; 2002, ch. 713, § 1; T.C.A. § 40-30-306 .
(a) It is the primary responsibility of the post-conviction defender to represent, without additional compensation, any person convicted and sentenced to death in this state who is without counsel and who is unable to secure counsel due to indigency or determined by a state court with competent jurisdiction to be indigent, for the purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against that person in state court, and who the court determines requires the appointment of counsel.
(b) Under limited circumstance where the post-conviction defender determines that it is in the interest of justice, the post-conviction defender may represent, without additional compensation, any person on a direct appellate review of the conviction of a capital crime if that person is without counsel and is unable to secure counsel due to indigency, or is determined by a state court with competent jurisdiction to be indigent and where that state court has determined competent counsel is unavailable.
(c) The post-conviction defender shall represent, without additional compensation, any person convicted and sentenced to death in this state who is without counsel and who is unable to secure counsel due to that person's indigency or is determined by a state court of competent jurisdiction to be indigent for the purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against the person in the federal courts in this state, the United States court of appeals for the sixth circuit, and the United States supreme court, only to the extent that compensation for representation and reimbursement for expenses is provided by 18 U.S.C. § 3006A or any other non-state funded source.
(d) The post-conviction defender shall also: (1) Maintain a clearinghouse of materials and a repository of briefs prepared by the post-conviction defender to be made available to public defenders and private counsel who represent indigents charged with or convicted of capital crimes; (2) Provide continuing legal education training to public defenders, assistant post-conviction defenders and to private counsel representing indigents in capital cases, as resources are available; (3) Provide consulting services to all attorneys representing defendants in capital cases on a non-case-specific basis; and (4) Recruit qualified members of the private bar who are willing to provide representation in state death penalty proceedings.
(1) Maintain a clearinghouse of materials and a repository of briefs prepared by the post-conviction defender to be made available to public defenders and private counsel who represent indigents charged with or convicted of capital crimes;
(2) Provide continuing legal education training to public defenders, assistant post-conviction defenders and to private counsel representing indigents in capital cases, as resources are available;
(3) Provide consulting services to all attorneys representing defendants in capital cases on a non-case-specific basis; and
(4) Recruit qualified members of the private bar who are willing to provide representation in state death penalty proceedings.
(e) Where the post-conviction defender determines that it is in the interest of justice, the post-conviction defender may represent, without additional compensation, a death sentenced inmate, who, at the completion of both state post-conviction proceedings and federal collateral review, remains under a sentence of death, if the individual is presently represented by the post-conviction defender or if the individual is not currently represented by the post-conviction defender but is unable to secure counsel due to indigency, during clemency proceedings before the Tennessee board of parole and the governor and in proceedings to determine whether the death sentenced inmate is competent to be executed.
Acts 1995, ch. 510, § 1; 2002, ch. 713, § 1; T.C.A. § 40-30-306 .
Tenn. Code Ann. § 40-25-122 — TN Code / Title 40 / Chapter 25 / Section 40-25-122
Seal not required on certificates
Status: in_force

It is not necessary for a clerk to affix the seal of the clerk's court to the certificate to the bill of costs in criminal prosecutions. Acts 1866-1867, ch. 36, § 7; Shan., § 7595; Code 1932, §12222; T.C.A. (orig. ed.), § 40-3324.
It is not necessary for a clerk to affix the seal of the clerk's court to the certificate to the bill of costs in criminal prosecutions.
Acts 1866-1867, ch. 36, § 7; Shan., § 7595; Code 1932, §12222; T.C.A. (orig. ed.), § 40-3324.
Tenn. Code Ann. § 40-17-204 — TN Code / Title 40 / Chapter 17 / Section 40-17-204
Issuance of summons
Status: in_force

If, at a hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all the facts stated in the certificate. Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2432.
If, at a hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all the facts stated in the certificate.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2432.
Tenn. Code Ann. § 40-30-207 — TN Code / Title 40 / Chapter 30 / Section 40-30-207
Conflict of interest and substitute counsel
Status: in_force

If at any time during the representation of two (2) or more indigent persons, the post-conviction defender determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the post-conviction defender or the post-conviction defender's staff without conflict of interest, the court in which the proceeding is pending shall, upon application therefor by the post-conviction defender, appoint one (1) or more qualified attorneys to represent the persons. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-307 .
If at any time during the representation of two (2) or more indigent persons, the post-conviction defender determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the post-conviction defender or the post-conviction defender's staff without conflict of interest, the court in which the proceeding is pending shall, upon application therefor by the post-conviction defender, appoint one (1) or more qualified attorneys to represent the persons.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-307 .