reglab/housing_qa huggingface dataset:
TN Code § 40-35-301 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-301. Fixing of Fine by Court or Jury

  Where the offense is punishable by a fine of fifty dollars ($50.00) or less, the court shall fix the fine in accordance with § 40-35-111.   In a case where the range of punishment includes a fine in excess of fifty dollars ($50.00), the jury finding the defendant guilty shall also fix the fine, if any, in excess of fifty dollars ($50.00). The jury shall report such fine with a verdict of guilty. When imposing sentence, after the sentencing hearing, the court shall impose a fine, if any, not to exceed the fine fixed by the jury. The defendant may waive the right to have a jury fix the fine and agree that the court fix it, in which case the court may lawfully fix the fine at any amount that the jury could have. If a plea agreement imposing a fine in excess of fifty dollars ($50.00) and the defendant's written waiver of the constitutional right to have a jury fix the fine are accepted by the court, the court may pronounce sentence, including the fine, without a jury. If the conviction is upon a guilty plea and there is no jury waiver as provided in this subsection (b), a jury shall be impaneled to fix the fine, if any, to be imposed by the court in an amount not to exceed the fine fixed by the jury.
TN Code § 40-35-305 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-305. Appearance Bond

 Upon the imposition of a sentence involving release into the community as provided in this chapter, the trial judge shall possess the power to require the defendant, the judgment against whom has been suspended, to execute an appearance bond in the sum deemed right and proper by the trial judge or, in the alternative, to execute a personal recognizance bond without sureties in the sum the trial judge may fix, both bail bond and recognizance, as the case may be, to contain conditions requiring the appearance of the defendant from court to court or, in the alternative, to appear before the trial judge at any regular or special term of the court.
TN Code § 40-35-306 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-306. Split Confinement — Probation Following Partial Service of Sentence

  A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.   A violation of the terms of probation or of the rules of the institution where the defendant is confined shall authorize the court to revoke the sentence of split confinement and impose a sentence in a local jail or workhouse or, unless prohibited by § 40-35-104(b), in the department of correction. The imposed sentence shall not exceed the remainder of the full sentence.   At any time during the period of continuous confinement ordered pursuant to this section, the defendant may apply to the sentencing court to have the balance of the sentence served on probation supervision. The application may be made at no less than two-month intervals.
TN Code § 40-35-307 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-307. Probation Coupled With Periodic Confinement

  A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.   If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify:  The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and   The days or parts of days the defendant is to be confined.     The court may include in the judgment of conviction suitable provisions to the officer to whose custody the defendant is committed as will ensure that the defendant will be allowed to serve the sentence on nonconsecutive days which may include, but are not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the sentencing court until the period of probation begins.   The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the defendant in any local jail or workhouse shall adopt procedures for the release of the defendant at the time specified in the order of judgment and for receiving the defendant back into custody at the specified times. Willful failure of the official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.   Failure of the defendant to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the defendant's safekeeping in the local jail or workhouse within the time specified in the order of judgment constitutes grounds for the revocation or modification of probation in the discretion of the court. The defendant may elect to serve the defendant's entire sentence of confinement on consecutive days; provided, that a failure to comply with subsection (c) or (d) shall give the court the authority, upon a finding of a violation, to impose a sentence of continuous confinement in a local jail or workhouse or, unless prohibited by § 40-35-104(b), in the department of correction for the remainder of the full sentence originally imposed.   At any time during the period of periodic confinement, the defendant may apply to have the balance of the periodic confinement sentence served on probation without further confinement. The application may be made at no less than two-month intervals.
TN Code § 40-35-308 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-308. Modification, Removal or Release From Conditions of Probation

  During the term of probation supervision, the sentencing court, on its own motion, or on application of a probation and parole officer, district attorney general or the defendant, may:  Modify any condition;   Remove a condition; or   Release the defendant from further supervision; provided, that release from supervision shall not discharge the defendant from the remainder of the sentence, and the defendant shall remain within the jurisdiction and authority of the sentencing court until the sentence fully expires. During this period, the defendant's probation is subject to revocation.     The court may not make the conditions of supervision more onerous than those originally imposed, except pursuant to a revocation proceeding as provided by law.   Notwithstanding the actual sentence imposed, at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for any period not in excess of two (2) years.
TN Code § 40-35-309 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-309. Probation Authorized Outside Jurisdiction of Court — Transfer or Retention of Jurisdiction

 Whenever a court authorizes a defendant sentenced to supervised probation to reside in this state but outside the jurisdiction of the sentencing court, the court may:   Retain jurisdiction over the defendant; or   Transfer jurisdiction over the defendant to an appropriate court in the jurisdiction in which the defendant will reside. A court to which jurisdiction is transferred shall have the same powers as the sentencing court.
TN Code § 40-35-310 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-310. Revocation of Suspension of Sentence — Resentence to Community-Based Alternative to Incarceration

  The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, after proceeding as provided in § 40-35-311, to revoke and annul the suspension; and in such cases the trial judge may order the original judgment so rendered to be in full force and effect from the date of the revocation of the suspension, and that it be executed accordingly; provided, that in any case of revocation of suspension on account of conduct by the defendant that has resulted in a judgment of conviction against the defendant during the defendant's period of probation, the trial judge may order that the term of imprisonment imposed by the original judgment be served consecutively to any sentence that was imposed upon the conviction.   In addition to the power to restore the original judgment when suspension of sentence is revoked, the trial judge may also resentence the defendant for the remainder of the unexpired term to any community-based alternative to incarceration authorized by chapter 36 of this title; provided, that the violation of the defendant's suspension of sentence is a technical one and does not involve the commission of a new offense.
TN Code § 40-35-312 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-312. Costs of Revocation Proceeding

 In case of a revocation of a suspension, the costs of the revocation shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant was originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that, if the trial judge is of the opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case or, in the alternative, to tax them against the party making the charges against the defendant.
TN Code § 40-35-315 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-315. Jurisdiction of Sentencing Court to Order Work Release

  In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212, and the administrative authority of the institution has not formulated a program for work release, the sentencing court shall have jurisdiction to order work release as a part of a sentence, either at the time of sentencing or as a part of any subsequent sentence modification, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served.    Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202.   As used in subdivision (b)(1), “work release” includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.
TN Code § 40-35-316 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-316. Jurisdiction of Sentencing Court to Grant Furloughs

  In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212, the sentencing court shall have jurisdiction to grant furlough for any medical, penological, rehabilitative or humane reason, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served.   The sentencing court shall have no authority to grant a furlough to a defendant pursuant to the authority of subsection (a) for the purpose of allowing the defendant to work unless the defendant is held to and meets all of the eligibility and supervision requirements, testing standards and other criteria imposed by or pursuant to state law.
TN Code § 40-35-317 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-317. Institutional Disciplinary Rules — Punishment for Violations

  Nothing contained in § 40-35-302, § 40-35-306, § 40-35-307 or § 40-35-314 shall prevent the official having responsibility for the custody and safekeeping of the defendant, as an alternative to the judicial remedy provided in those sections, from duly promulgating and enforcing reasonable disciplinary rules and procedures that provide for appropriate punishments for violations of any condition or rule of the institution in which the defendant is incarcerated, such as increasing the amount of time the defendant must serve in confinement or by changing the conditions of the defendant's confinement, or both. Any increase in the amount of time to be served shall not exceed the full sentence originally imposed by the court.   Officials having responsibility for the custody and safekeeping of defendants may promulgate and enforce reasonable disciplinary rules and procedures requiring all able-bodied inmates to participate in work programs. The rules and procedures may provide appropriate punishments for inmates who refuse to work, including, but not limited to, increasing the amount of time the defendant must serve in confinement or changing the conditions of the defendant's confinement, or both. Any increase in the amount of time a defendant must serve for refusing to participate in a work program shall not exceed the sentence originally imposed by the court.
TN Code § 40-35-318 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-318. Institutional Rehabilitation Programs — Eligibility

  If a defendant is sentenced to confinement in a local jail or workhouse, the sheriff or other authority having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitative programs for which the defendant is eligible under rules and regulations adopted by the institution.   If a defendant is sentenced to confinement in an institution of the department of correction, the commissioner or the commissioner's designee having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitation program for which the defendant is eligible under the policies and procedures of the department.
TN Code § 40-35-319 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-319. Place of Confinement if Not Otherwise Provided for — Finality of Judgment

  If a defendant convicted of a felony does not receive another type of sentence authorized by this chapter or if a defendant convicted of a felony is either not granted or is ineligible for another sentence authorized by this chapter, the place of confinement shall be designated as the department of correction unless prohibited by other statutes.   Except as provided in § 40-35-212(d) or Rule 35(b) of the Tennessee Rules of Criminal Procedure, once the judgment becomes final in the trial court, the court shall have no jurisdiction or authority to change the sentence in any manner.
TN Code § 40-35-322 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 3 - Sentences|§ 40-35-322. Preservation of Evidence in Death Penalty Cases

  For purposes of this section:  “Biological evidence” is any identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person charged with a criminal offense;   “Biological evidence” includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, and applies whether the material is catalogued separately or is present on other evidence collected; and   “Biological evidence” does not include perishable liquid or tissue specimens collected for toxicological analysis.     All biological evidence collected for a criminal offense or offenses in which one (1) or more of the defendants received a sentence of death based upon the same criminal acts, whether the defendants were tried separately or together, shall be preserved until all defendants receiving a death sentence based on the same conduct are executed, otherwise die, or all related charges for which the defendants were convicted are dismissed.   Biological evidence required to be preserved by this section shall be preserved as follows:  By the investigating law enforcement agency or agencies for biological evidence that was collected for the case but never introduced at a trial; and   By the clerk of the court in which any biological evidence was introduced at the defendant's trial.     If the origin of a biological sample is well documented through photographs or case files, and the sample was taken from a larger piece of evidence, only the documented biological sample is required to be preserved.   This section shall apply to:  All applicable biological evidence that is collected on or after April 27, 2016; and   All applicable biological evidence that was collected prior to April 27, 2016, and is in the custody of, and being preserved by, a court clerk or law enforcement agency or agencies.
TN Code § 40-35-401 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 4 - Appeal of Sentence|§ 40-35-401. Appeal of Sentence by Defendant — Time for Filing — Grounds — Determination — Standard

  The defendant in a criminal case may appeal from the length, range or the manner of service of the sentence imposed by the sentencing court. The defendant may also appeal the imposition of consecutive sentences. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. If there is an appeal of the conviction, the appeal of the sentence shall be taken at the same time. There is no appellate review of the sentence in a postconviction or habeas corpus proceeding.   An appeal from a sentence may be on one (1) or more of the following grounds:  The sentence was not imposed in accordance with this chapter;   The sentence is excessive under the sentencing considerations set out in §§ 40-35-103 and 40-35-210; or   The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103.     If a sentence is appealed, the appellate court may:  Dismiss the appeal;   Affirm, reduce, vacate or set aside the sentence imposed;   Remand the case or direct the entry of an appropriate sentence or order; or   Direct any further proceedings appropriate or required under the circumstances.     When reviewing sentencing issues raised pursuant to subsection (a), including the granting or denial of probation and the length of sentence, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.
TN Code § 40-35-402 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 4 - Appeal of Sentence|§ 40-35-402. Appeal of Sentence by State — Standard

  The district attorney general in a criminal case may appeal from the length, range or manner of the service of the sentence imposed by the sentencing court. The district attorney general may also appeal the imposition of concurrent sentences. In addition, the district attorney general may also appeal the amount of fines and restitution imposed by the sentencing court. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. The right of the appeal of the state is independent of the defendant's right of appeal.   An appeal from a sentence is limited to one (1) or more of the following conditions:  The court improperly sentenced the defendant to the wrong sentence range;   The court granted all or part of the sentence on probation;   The court ordered all or part of the sentences to run concurrently;   The court improperly found the defendant to be an especially mitigated offender;   The court failed to impose the fines recommended by the jury;   The court failed to order the defendant to make reasonable restitution; or   The sentence is inconsistent with the purposes or considerations of sentencing set out in §§ 40-35-102 and 40-35-103.     If the sentence is appealed by the state, the appellate court may affirm, vacate, set aside, increase or reduce the sentence imposed or remand the case or direct the entry of an appropriate order.   When reviewing sentencing issues raised pursuant to this section, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.
TN Code § 40-35-502 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 5 - Release and Parole|§ 40-35-502. Conversion of Fractions in Calculations

  For purposes of calculating the release eligibility date, a fraction of a month is construed to mean:  For one tenth (0.1) of a month, three (3) days;   For two tenths (0.2) of a month, six (6) days;   For three tenths (0.3) of a month, nine (9) days;   For four tenths (0.4) of a month, twelve (12) days;   For five tenths (0.5) of a month, fifteen (15) days;   For six tenths (0.6) of a month, eighteen (18) days;   For seven tenths (0.7) of a month, twenty-one (21) days;   For eight tenths (0.8) of a month, twenty-four (24) days; and   For nine tenths (0.9) of a month, twenty-seven (27) days.     For purposes of calculating the release eligibility date for a sentence of less than one (1) year, a fraction of a day is construed to mean that the next day is the release eligibility date.