reglab/housing_qa huggingface dataset:
TN Code § 40-35-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-202. Notice of Intent to Seek Enhanced Punishment — Statement of Enhancement and Mitigating Factors

  If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea; provided, that notice may be waived by the defendant in writing with the consent of the district attorney general and the court accepting the plea. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant on the primary offense, must set forth the nature of the prior felony convictions, the dates of the convictions and the identity of the courts of the convictions. The original or certified copy of the court record of any prior felony conviction, bearing the same name as that by which the defendant is charged in the primary offense, is prima facie evidence that the defendant named in the record is the same as the defendant before the court, and is prima facie evidence of the facts set out in the record.   In all cases following a finding of guilt, the court may require that:  The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and   The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court.
TN Code § 40-35-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-203. Court to Impose Sentence — Exceptions

  Except as provided in subsection (c) and with respect to fines as provided in § 40-35-301, sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in subsection (b). Evidence may, but need not, be presented by both the defendant and the district attorney general on any matter relevant to the issue of sentencing. The sentencing hearing may occur immediately after guilt is determined, subject to the rights of the parties to postpone the hearing under § 40-35-209(a).   Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in § 40-35-205(d) and no specific sentencing hearing or presentence reports shall be required. The judge may, in the judge's discretion, direct that a complete presentence report be prepared. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1). Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. There shall be a presentence report and hearing on any issue of sentencing not agreed upon by the parties and accepted by the court.   If a capital offense is charged and the jury returns a verdict where death is a possibility, the jury shall fix the punishment in a separate sentencing hearing as otherwise provided by law, unless the jury is waived as to punishment.   If the trial judge who presided at the trial on the merits is unavailable because of death, resignation, retirement, ill health or loss of jurisdiction, another judge appointed by the chief justice of the Tennessee supreme court may impose the sentence.   If the criminal offense for which the defendant is charged carries an enhanced punishment for a second or subsequent violation of the same offense, the indictment in a separate count shall specify and charge that fact. If the defendant is convicted of the offense, then the jury must find that beyond a reasonable doubt the defendant has been previously convicted the requisite number of times for the same offense. Upon such finding, the defendant shall be subject to the authorized terms of imprisonment for the felonies and misdemeanors as set forth in § 40-35-111.
TN Code § 40-35-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-204. Presentence Service Officers

  The commissioner of correction shall appoint presentence service officers for each court having criminal jurisdiction. These officers may be the existing probation officers. Presentence service officers shall conduct investigations and make reports to sentencing courts relating to the imposition of sentences on defendants.   With permission of the court, and if the commissioner determines that it will not interfere with their other duties, the presentence service officers may:  Assist courts or other judicial officers in developing information relating to the setting of bail or other pretrial release or detention decisions; and   Develop information about defendants relating to the selection of a defendant for particular correctional programs.
TN Code § 40-35-206 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-206. [reserved.]

  The presentence report shall set forth:  The characteristics and circumstances of the offense committed by the defendant;   The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits;   Information relating to enhancement or mitigating factors asserted by the parties and its source;   The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult;   Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained;   If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant;   If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity;   Any statement relating to sentencing submitted by the victim of the offense or the investigative agency;   Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence;   The results of the validated risk and needs assessment; and   Any other matters the court directs to be included.     The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law.   In misdemeanor cases where the court has ordered a presentence report or hearing and in cases in which neither party asserts the existence of any enhancement or mitigating factors, the court may direct the presentence service officer not to include certain types of information normally required in the report.   As used in this section, “validated risk and needs assessment” means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool designated by the department that assesses the dynamic and static factors that drive criminal behavior.
TN Code § 40-35-208 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-208. Filing of Report — Availability to Parties

 The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.
TN Code § 40-35-210 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-210. Imposition of Sentence — Evidence to Be Considered — Presumptive Sentence — Sentence Explanation

  At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence.   To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider the following:  The evidence, if any, received at the trial and the sentencing hearing;   The presentence report;   The principles of sentencing and arguments as to sentencing alternatives;   The nature and characteristics of the criminal conduct involved;   Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114;   Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee;   Any statement the defendant wishes to make on the defendant's own behalf about sentencing; and   The result of the validated risk and needs assessment conducted by the department and contained in the presentence report.     The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines:  The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and   The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114.     The sentence length within the range should be consistent with the purposes and principles of this chapter.   When the court imposes a sentence, it shall place on the record, either orally or in writing, what enhancement or mitigating factors were considered, if any, as well as the reasons for the sentence, in order to ensure fair and consistent sentencing.   A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, the validated risk and needs assessment, and the record of prior felony convictions filed by the district attorney general with the court, as required by § 40-35-202(a).
TN Code § 40-35-211 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-211. Court to Impose Determinate Sentences Only

 In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense:   Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by § 40-23-101 relative to pretrial jail credit, or §§ 33-5-406 and 33-7-102 relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by § 41-21-236.   If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided.   If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under § 41-2-111. Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in § 40-35-302(d), the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse.
TN Code § 40-35-212 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-212. Court to Determine Location and Conditions of Sentence — Probation — Retention of Jurisdiction During Sentence

  In imposing a sentence, the court shall determine under what conditions a sentence will be served as provided by law. A defendant may be sentenced to the department of correction unless prohibited by § 40-35-104(b).   A court may also order probation where a defendant is eligible by law either:  Immediately upon sentencing;   In conjunction with a specific period of confinement pursuant to § 40-35-306; or   In conjunction with a period of periodic confinement pursuant to § 40-35-307.     Unless the defendant receives a sentence in the department, the court shall retain full jurisdiction over the manner of the defendant's sentence service.    Notwithstanding subsection (c), the court shall retain full jurisdiction over a defendant sentenced to the department during the time the defendant is being housed in a local jail or workhouse awaiting transfer to the department. The jurisdiction shall continue until the defendant is actually transferred to the physical custody of the department.   The sheriff shall promptly transfer any inmate sentenced to the department of correction who is being housed in the sheriff's local jail awaiting transfer when called upon to do so by a department of correction official. The department shall notify the sheriff in writing of the date the department intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. Failure to do so shall result in the state withholding any housing reimbursement allowance that might otherwise be due the county for housing the inmate for any day or portion of a day that the sheriff fails or refuses to transfer custody of the inmate to the department after being requested in writing to do so. The department shall notify each sheriff of the provisions of this subdivision (d)(2) and the consequences for failing to comply with it.
TN Code § 40-35-213 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-213. Eligibility for Work Release Program

  Notwithstanding any other law to the contrary, no person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202, whether in the custody or control of the department of correction, a local government or a private prison contractor, shall be eligible for any work release program offered by or that may be offered by the correctional facility in which the offender is housed.   As used in subsection (a), “work release program” 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 § 40-35-214 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-214. Transfer From County for Plea and Sentence

  A defendant arrested, held or present in a county, other than that in which an indictment or information is pending against the defendant, may state in writing that the defendant wishes to plead guilty, to waive trial in the county in which the indictment or information is pending and to consent to the disposition of the case in the county in which the defendant was arrested, held or present, subject to the approval of the district attorney general and the court having criminal jurisdiction for each county. Upon receipt of the defendant's statement and of the written approval of the appropriate district attorneys general and courts, the clerk of the court in which the indictment or information is pending shall transmit the papers in the proceeding or certified copies of the papers to the clerk of the court for the county in which the defendant was arrested, held or present, and the prosecution shall continue in that county.   A defendant arrested, held or present in a county other than the county in which a charge is pending against the defendant may state in writing that the defendant wishes to plead guilty, to waive trial in the county in which the warrant was issued and to consent to the disposition of the case in the county in which the defendant was arrested, held or present, subject to the approval of the district attorney general and the court having criminal jurisdiction for each county. Upon receipt of the defendant's statement and the written approval of the appropriate district attorneys general and courts, the clerk of the court for the county in which the warrant was issued shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court having jurisdiction over the offense charged in the warrant for the county in which the defendant was arrested, held or present, and the prosecution shall continue in that county. When the defendant is brought before the court to plead to a charge filed in the county where the warrant was issued, the defendant may at that time waive indictment and the prosecution may continue based upon the indictment or information originally filed.   If, after the proceeding has been transferred pursuant to subsection (a) or (b) the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced, and the proceeding shall be restored to the docket of that court. The defendant's statement that the defendant wishes to plead guilty shall not be used against the defendant.
TN Code § 40-35-215 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-215. Sentence Calculation

   The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility calculates the service of an hour, day and month.   As used in this section “service of an hour, day or month” means the period of time a person must be incarcerated in the facility in order to reduce the person's court imposed sentence by an hour, day or month.     At the first meeting of the county or municipal legislative body in which the facility is located, conducted after July 1, 1995, the chief administrator shall submit the formulation of the method of sentence calculation required by subsection (a) to the legislative body for its approval. The legislative body shall approve or modify and approve the sentence calculation.   Upon the approval by the legislative body of the facility's sentence calculations, the chief administrator shall publish the sentence calculations and cause them to be prominently posted at the local jail, workhouse or facility for which they are applicable.
TN Code § 40-35-216 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-216. First Hours Served Hour for Hour

 Notwithstanding any other law or judgment of conviction to the contrary, the first forty-eight (48) hours of any sentence that a defendant is permitted to serve on nonconsecutive days, or in any manner other than continuous confinement or day for day, shall be served hour for hour. This section shall only apply to sentences imposed pursuant to § 55-10-402.
TN Code § 40-35-217 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-217. Sentence Conditioned or Based Upon Defendant Submitting to Birth Control, Sterilization, or Family Planning Services Prohibited

  As used in this section, “sterilization” means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization.   No guilty plea agreement or plea of nolo contendere shall be accepted by the court nor shall any criminal sentence be imposed by a judge if any part of the plea or sentence is in whole or in part conditioned or based upon the criminal defendant submitting to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.   A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.   This section shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.