reglab/housing_qa huggingface dataset:
TN Code § 40-35-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-103. Sentencing Considerations

 To implement the purposes of this chapter, the following principles apply:   Sentences involving confinement should be based on the following considerations:  Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct;   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   Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant;     The sentence imposed should be no greater than that deserved for the offense committed;   Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided;   The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed;   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;   Trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service or all of these; and   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.
TN Code § 40-35-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-105. Standard Offender

  A standard offender is a defendant not sentenced as:  A multiple offender, as defined by § 40-35-106;   A persistent offender, as defined by § 40-35-107;   A career offender, as defined by § 40-35-108;   An especially mitigated offender, as defined by § 40-35-109; or   A repeat violent offender, as defined by § 40-35-120.     The sentence for a standard offender is within Range I.   If the judgment of conviction does not include a sentence range, it shall be returned to the sentencing court to be completed.
TN Code § 40-35-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-106. Multiple Offender

  A multiple offender is a defendant who has received:  A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or   One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony.     In determining the number of prior convictions a defendant has received:  “Prior conviction” means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;   All prior felony convictions, including those occurring prior to November 1, 1989, are included;    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;   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;     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 § 39-14-403, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and   Prior convictions include 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.     A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II.   The finding that a defendant is or is not a multiple offender is appealable by either party.
TN Code § 40-35-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-107. Persistent Offender

  A persistent offender is a defendant who has received:  Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or   At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.     In determining the number of prior convictions a defendant has received:  Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;   All prior felony convictions, including those occurring prior to November 1, 1989, are included;    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;   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;     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 § 39-14-403, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and   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.     A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III.   The finding that a defendant is or is not a persistent offender is appealable by either party.
TN Code § 40-35-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-108. Career Offender

  A career offender is a defendant who has received:  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;   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   At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E felony.     In determining the number of prior convictions a defendant has received:  “Prior conviction” means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;   All prior felony convictions, including those occurring prior to November 1, 1989, are included;    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;   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;     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 § 39-14-403, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and   “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.     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.   The finding that a defendant is or is not a career offender is appealable by either party.
TN Code § 40-35-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-109. Especially Mitigated Offender

  The court may find the defendant is an especially mitigated offender, if:  The defendant has no prior felony convictions; and   The court finds mitigating, but no enhancement factors.     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%).   If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.   The finding that a defendant is or is not an especially mitigated offender is appealable by either party.
TN Code § 40-35-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-110. Classification of Offenses

  Felonies are classified for the purpose of sentencing into five (5) categories:  Class A felonies;   Class B felonies;   Class C felonies;   Class D felonies; and   Class E felonies.     An offense designated a felony without specification as to category is a Class E felony.   Misdemeanors are classified for the purpose of sentencing into three (3) categories:  Class A misdemeanors;   Class B misdemeanors; and   Class C misdemeanors.     An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor.
TN Code § 40-35-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-112. Sentence Ranges

  A Range I sentence is as follows:  For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years;   For a Class B felony, not less than eight (8) nor more than twelve (12) years;   For a Class C felony, not less than three (3) nor more than six (6) years;   For a Class D felony, not less than two (2) nor more than four (4) years; and   For a Class E felony, not less than one (1) nor more than two (2) years.     A Range II sentence is as follows:  For a Class A felony, not less than twenty-five (25) nor more than forty (40) years;   For a Class B felony, not less than twelve (12) nor more than twenty (20) years;   For a Class C felony, not less than six (6) nor more than ten (10) years;   For a Class D felony, not less than four (4) nor more than eight (8) years; and   For a Class E felony, not less than two (2) nor more than four (4) years.     A Range III sentence is as follows:  For a Class A felony, not less than forty (40) nor more than sixty (60) years;   For a Class B felony, not less than twenty (20) nor more than thirty (30) years;   For a Class C felony, not less than ten (10) nor more than fifteen (15) years;   For a Class D felony, not less than eight (8) nor more than twelve (12) years; and   For a Class E felony, not less than four (4) nor more than six (6) years.
TN Code § 40-35-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-113. Mitigating Factors

 If appropriate for the offense, mitigating factors may include, but are not limited to:   The defendant's criminal conduct neither caused nor threatened serious bodily injury;   The defendant acted under strong provocation;   Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;   The defendant played a minor role in the commission of the offense;   Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;   The defendant, because of youth or old age, lacked substantial judgment in committing the offense;   The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;   The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;   The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;   The defendant assisted the authorities in locating or recovering any property or person involved in the crime;   The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;   The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime; and   Any other factor consistent with the purposes of this chapter.
TN Code § 40-35-115 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-115. Multiple Convictions

  If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.   The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that:  The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood;   The defendant is an offender whose record of criminal activity is extensive;   The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences;   The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high;   The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims;   The defendant is sentenced for an offense committed while on probation; or   The defendant is sentenced for criminal contempt.     The finding concerning the imposition of consecutive or concurrent sentences is appealable by either party.   Sentences shall be ordered to run concurrently if the criteria noted in subsection (b) are not met, unless consecutive sentences are specifically required by statute or the Tennessee Rules of Criminal Procedure.
TN Code § 40-35-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-116. Revocation of Bail on Conviction

  If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse, statutory rape by an authority figure or a violation of § 39-17-417(b) or (i), the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.   If a defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearing, motion for a new trial and related post-guilt determination hearings.   If the court revokes the defendant's bail, the defendant shall be housed in a local jail pending the sentencing determination. Following sentencing, the defendant shall be transferred to the custody of the authority to whom the defendant was sentenced.   If a defendant is convicted of first degree murder, the judge may house the defendant in a local jail or may transfer custody to the department of correction pending further proceedings in the trial court.
TN Code § 40-35-117 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-117. Applicability of Chapter

  All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter.   Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter.   For all persons who committed crimes prior to July 1, 1982, prior law shall apply and remain in full force and effect in every respect, including, but not limited to, sentencing, parole and probation.
TN Code § 40-35-119 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-119. Classification of Prior Unclassified Felony Offenses

 Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony.
TN Code § 40-35-123 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-123. Neighborhood Protection Act — Injunctive Relief Against Offenders Entering Residential Area

  This section shall be known and may be cited as the “Neighborhood Protection Act.”   A homeowners' association, as defined in § 68-14-302, a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity's charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if:  The offender has been convicted of three (3) or more separate offenses of:  Burglary, as defined in § 39-14-402;   Rape, as defined in § 39-13-503;   Criminal homicide, as defined in § 39-13-201;   Delivering or selling a controlled substance, as defined in § 39-  17-417;    Criminal gang activity, as defined in § 40-35-121;   Prostitution, as defined in § 39-13-512;   Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1; or   Vandalism, as defined in § 39-14-408; and     Three (3) or more of the offenses were committed within the boundaries of the residential area.     Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners' association, neighborhood association, neighborhood watch, or similarly organized residential entity.
TN Code § 40-35-201 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 2 - Procedure for Imposing Sentence|§ 40-35-201. Issue of Guilt and Sentence to Be Tried Separately — Instructing Jury on Possible Sentences

  In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in this chapter shall be construed to deprive a defendant of a right to a jury trial as to the defendant's guilt or innocence pursuant to Rule 23 of the Tennessee Rules of Criminal Procedure and appropriate provisions of the United States or Tennessee constitutions.   In all contested criminal cases, except for capital crimes that are governed by the procedures contained in §§ 39-13-204 and 39-13-205, and as necessary to comply with the Tennessee Constitution, article VI, § 14 and § 40-35-301, the judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on possible penalties for the offense charged nor all lesser included offenses.   “Plea of guilty” or “guilty plea,” as used in this chapter, includes the plea of nolo contendere as provided in Rule 11 of the Tennessee Rules of Criminal Procedure.