reglab/housing_qa huggingface dataset:
TN Code § 40-11-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-105. Right to Bail — Bail by Clerk — Maximum Amounts

   When the defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal court, or by the clerk of any circuit or criminal court; provided, that if admitted to bail by the clerk of any circuit or criminal court, the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive, and shall be given notice of this fact by the clerk.   The clerk of any circuit or criminal court may only admit the defendant to bail when the judge is not present in the court and the clerk reasonably believes that the judge will not be present within three (3) hours after the defendant has been committed to the county or city jail, following arrest.     Except as provided in subsection (c), in no event may a clerk set the amount of bail in excess of:  One thousand dollars ($1,000) if the defendant is charged with a misdemeanor;   Ten thousand dollars ($10,000) if the defendant is charged with a felony that does not involve a crime committed against a person;   Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a crime committed against a person; or   One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide.     A clerk may set the amount of bail in excess of the listed amounts in subsection (b) if the defendant is deemed a risk of flight pursuant to § 40-11-118.
TN Code § 40-11-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-106. Authority to Take Bail — Appeal

  If bail has been set, any sheriff, any magistrate or other officer having authority to admit to bail in the county where the defendant is arrested, confined or legally surrendered may take bail in accordance with the provisions of §§ 40-11-101 — 40-11-144 and release the defendant to appear as directed by the officer setting bail. The sheriff or peace officer shall give a numbered receipt to the defendant to mandate an accounting for the bail so taken and within a reasonable time deposit the bail with the clerk of the court having jurisdiction of the offense.    Under this part, it is the responsibility of the sheriff or judicial commissioner to determine the sufficiency of the surety and validity of any bond, and once a sheriff or judicial commissioner has taken bail under this subsection (b), that action shall be presumed to be valid. Once a sheriff or judicial commissioner has taken bail or refused to take bail, the jurisdiction of the court having jurisdiction of the offense shall be limited to the issue of whether the sheriff or judicial commissioner has abused discretion. A surety which meets the requirements of § 40-11-122(1) or (2) shall be deemed sufficient if it is certified by the circuit court clerk of the county where the defendant resides to the sheriff, magistrate, or other appropriate officer in the county where the defendant was arrested, confined or legally surrendered.   However, any defendant, claiming that a sheriff or judicial commissioner has acted arbitrarily or capriciously, may, by motion, file an appeal to the court having jurisdiction of the offense. Upon appeal, it is the court's duty to determine whether the sheriff or judicial commissioner has acted arbitrarily or capriciously.   This subsection (b) shall not be used to prevent a commercial bonding agency from posting bond for any individual when the commercial bondsman has previously been approved and authorized to make bonds and the bondsman has been so authorized by the presiding judge.     Before the sheriff, magistrate or other officer admits to bail and releases a defendant who is arrested for any kidnapping offense involving a hostage or victim, the releasing authority shall make all reasonable and diligent efforts to notify the hostage or victim of the alleged offense that the defendant has been admitted to bail and is being released. If the hostage or victim is under the age of eighteen (18) or otherwise unavailable, the releasing authority shall make all reasonable and diligent efforts to notify the family, if any, of the hostage or victim that the defendant is being released.
TN Code § 40-11-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-107. Taking Bail Before Commitment

 The committing magistrate or the city court clerk of any incorporated municipality or city or that person's deputies, before whom a defendant is brought for examination on a warrant of arrest, are authorized to take bail, either for the defendant's appearance for examination or for the defendant's appearance at court to answer the charge.
TN Code § 40-11-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-108. Taking Bail After Commitment

 If the defendant is committed to jail in default of bail, the committing magistrate or sheriff or the city court clerk of any incorporated municipality or city or the person's deputies may take bail at any time thereafter, for defendant's appearance at the court having cognizance of the offense.
TN Code § 40-11-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-109. Taking Bail After Indictment

 After indictment, the sheriff, upon executing the capias or writ of arrest, may take bail from the defendant for the defendant's appearance to answer the charge.
TN Code § 40-11-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-110. Bail for Material Witness

  If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that the witness has refused or will refuse to respond to process, the court may require the witness to give bail under § 40-11-117 or § 40-11-122 for appearance as a witness, in an amount fixed by the court.   If the person fails to give bail, the court may commit the person to the custody of the sheriff, pending final disposition of the proceeding in which the testimony is needed, may order the person's release if the person has been detained for an unreasonable length of time, and may modify at any time the requirement as to bail.   If the person does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited as provided in § 40-11-120 or § 40-11-139.
TN Code § 40-11-111 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-111. Bail for Persons Under Disability

  Individuals who are unable to perform activities of daily living as the result of a severe and persistent mental illness, or individuals who have been adjudicated mentally incompetent, or infants, need not personally make the deposit or execute the bail bond as may be required under §§ 40-11-101 — 40-11-144, but the deposit and execution may be made for such individuals by anyone found by the sheriff or clerk taking the bond to be a responsible substitute.   For the purposes of this section, an individual shall be considered to have a severe and persistent mental illness if:  Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the American Psychiatric Association Diagnostic and Statistical Manual ; and   Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and   Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2).     For purposes of this section, unless the context otherwise requires:  “Delusions” means fixed, clearly false beliefs; and   “Hallucinations” means clearly erroneous perceptions of reality.
TN Code § 40-11-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-112. Arrest Warrant Issued for Failure to Comply With Conditions

 Upon an increase in the amount of bail required or the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the increase or failure shall declare a forfeiture and may issue a warrant for the arrest of the defendant.
TN Code § 40-11-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-113. Admission to Bail Pending Appeal

   In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice.   In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge.   Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review.   If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.     If a defendant is convicted of first degree murder, a Class A felony or a violation of §§ 39-11-117, 39-12-205, 39-13-304, 39-13-402, 39-13-503, 39-13-504, 39-14-404, 39-15-402, 39-17-107, 39-17-417(b), 39-17-417(c)(1), 39-17-417(i), 39-17-1004(b) or 39-17-1005, the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial, or related post-guilt determination hearings.   If the defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.   Before a judge admits to bail pending appeal and releases a defendant who is convicted of any kidnapping offense, for which bail is authorized, involving a hostage or victim, the judge shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant has been admitted to bail pending appeal and is being released. If the hostage or victim is under eighteen (18) years of age or is otherwise unavailable, the judge shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
TN Code § 40-11-114 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-114. Contents of Written Undertaking

  Bail, when not given in open court, is given by a written undertaking, containing the conditions of release, the agreement of the defendant to appear in the court having jurisdiction of the offense as directed by the court and/or an amount to be paid for nonappearance, signed by the defendant, and if made under § 40-11-122(2), signed also by court-approved and sufficient surety or sureties. The written undertaking must be approved by the officer taking it.   An electronically transmitted facsimile copy of a written undertaking shall have the same legal effect as the original written undertaking. An electronically transmitted facsimile copy of a written undertaking signed by the defendant shall have the same legal effect as the written undertaking signed by the defendant.
TN Code § 40-11-115 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-115. Release on Recognizance or Unsecured Bond — Factors Considered

  Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate.   In determining whether or not a person shall be released as provided in this section and that a release will reasonably assure the appearance of the person as required, the magistrate shall take into account:  The defendant's length of residence in the community;   The defendant's employment status and history, and financial condition;   The defendant's family ties and relationships;   The defendant's reputation, character and mental condition;   The defendant's prior criminal record, including prior releases on recognizance or bail;   The identity of responsible members of the community who will vouch for defendant's reliability;   The nature of the offense and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of nonappearance; and   Any other factors indicating the defendant's ties to the community or bearing on the risk of willful failure to appear.
TN Code § 40-11-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-116. Conditions on Release

  If a defendant does not qualify for a release upon recognizance under § 40-11-115, then the magistrate shall impose the least onerous conditions reasonably likely to assure the defendant's appearance in court.   If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions:  Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section;   Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or   Impose any other reasonable restriction designed to assure the defendant's appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117.
TN Code § 40-11-117 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-117. Bail Security Required

 Absent a showing that conditions on a release on recognizance will reasonably assure the appearance of the defendant as required, the magistrate shall, in lieu of the conditions of release set out in § 40-11-115 or § 40-11-116, require bail to be given.
TN Code § 40-11-119 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-119. Return of Deposit to Defendant

 If the conditions of the bail bond have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the defendant, unless the court orders otherwise, the entire sum which had been deposited.
TN Code § 40-11-120 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-120. Forfeiture of Defendant's Bail Deposit

 If the defendant released upon recognizance under § 40-11-115 or posting bail bond under § 40-11-118 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with § 40-11-118 shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
TN Code § 40-11-121 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-121. Judgment for Fine and Costs — Deposit Applied to Payment

 If a judgment for fine and court costs, or either, is entered in the prosecution of a cause in which a deposit had been made by defendant, the deposit shall be applied to the payment of the judgment.
TN Code § 40-11-122 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-122. Bail Bond Secured by Real Estate or Sureties

 In lieu of the bail deposit provided for in § 40-11-118, any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by:   Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant's surety worth one and one-half (1½) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant;   A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or   A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§ 40-11-101 — 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified.
TN Code § 40-11-123 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-123. Sufficiency of Sureties — Evidence

  Each of the sureties shall be worth the amount expressed in the undertaking, subject to the execution; but the court, magistrate or officer in taking bail may allow more than two (2) sureties to justify severally in amounts less than that expressed in the undertaking, if the whole qualification is equivalent to two (2) sufficient sureties.   The district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency, in any manner that the district attorney general, or the court, magistrate or officer may deem proper. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties.
TN Code § 40-11-124 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-124. List of Approved and Qualified Professional Bondsmen — Certification Required — Rules Concerning Qualifications

  The clerk, sheriff, municipal courts and other inferior courts shall have available a list of professional bondsmen or other sureties approved and qualified as solvent by the courts of record with criminal jurisdiction within the county. These approved lists shall be provided by the judges of those courts. No undertaking shall be accepted unless the professional bondsman or other surety is so certified as approved.   In counties having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the rules concerning the qualifications of bail bond companies as established by the criminal court of record shall be applicable in any inferior court in the county. The clerk of any such inferior court shall have the duty and the responsibility to enforce the rules.
TN Code § 40-11-125 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 11 - Bail|Part 1 - Admission to Bail|§ 40-11-125. Approval of Bondsmen Withheld, Withdrawn or Suspended

  In addition to the requirements of part 3 of this chapter regulating professional bondsmen, approval of a professional bondsman or other surety may be withheld, withdrawn or suspended by any court if, after investigation, it appears that a bondsman:  Has been guilty of violating any of the laws of this state relating to bail bonds;   Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied;   Is guilty of professional misconduct as described in § 40-11-126; or   If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed.     Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken, accompanied by a copy of the charges resulting in the court's action. If, within twenty (20) days after notice, the bail bondsman or surety files a written answer denying the charges or setting forth extenuating circumstances, the court shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issues of fact made by the charges and answer. The court shall give notice to the bail bondsman, or to the insurer represented by the bondsman, of the time and place of the hearing. The parties shall have the right to produce witnesses, and to appear personally with or without representation by counsel. If, upon a hearing, the court determines that the bail bondsman is guilty as alleged in the charges, the court shall thereupon withhold, withdraw or suspend the bondsman from the approved list, or suspend the bondsman for a definite period of time to be fixed in the order of suspension.   The clerk of the court and the sheriff of the county shall be notified of the action of the court and the offending bondsman stricken from the approved list.   Any applicant for approval whose application has been denied, withheld, suspended or revoked shall have the right of appeal to the next highest court having criminal jurisdiction, and the appeal shall be heard de novo.