reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-203 - Eligible offenders - Age

In placing an offender in a special alternative incarceration unit, the department of correction shall give priority to eligible offenders between the ages of seventeen (17) and twenty-five (25). In no event shall an offender who is over the age of thirty-five (35) be placed in a special alternative incarceration unit.
Acts 1989, ch. 217, § 4; 1992, ch. 881, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-204 - Classification of offender - Board approval

No offender shall be placed in a special alternative incarceration unit unless and until the offender has been classified by the department as a suitable candidate for an alternative treatment program in accordance with departmental policies and guidelines.
Acts 1989, ch. 217, § 5; 1990, ch. 720, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-205 - Excluded offenders

An offender convicted of any of the following offenses is ineligible to participate in the special alternative incarceration program:
(1)
Class A felony;
(2)
Aggravated robbery;
(3)
An offense involving sexual contact or sexual penetration, as defined in §
39-13-501
;
(4)
An offense involving child abuse, child sexual abuse, or sexual exploitation of a minor;
(5)
An offense involving the illegal distribution or sale of a controlled substance or controlled substance analogue to a minor;
(6)
An offense involving serious bodily injury, as defined in §
39-11-106
; or
(7)
An offense involving death to a victim or bystander.
Acts 1989, ch. 217, § 6; 1992, ch. 838, § 4; 2012, ch. 848, § 32.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-206 - Release to division of community services upon completion - Revocation of release

Notwithstanding any other provision of the law to the contrary, upon successful completion of a special alternative incarceration program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the department for the balance of the original sentence imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to §
40-35-311
.
Acts 1989, ch. 217, § 7; 1990, ch. 720, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-207 - Eligibility of certain drug offenders

Notwithstanding the six (6) year or less sentence limitation of this part, an especially mitigated offender, as defined by §
40-35-109
, or a standard offender, as defined by §
40-35-105
, who is convicted of a violation of §
39-17-417(a)
with respect to a controlled substance in an amount less than that set out in §
39-17-417(i)
, is eligible for placement in the special alternative incarceration unit as defined and authorized by this part.
Acts 1989, ch. 591, § 117.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 3 - SPECIAL TECHNICAL VIOLATOR UNIT (§§ 40-20-301 — 40-20-303) › Section 40-20-301 - Confinement in special technical violator unit

Notwithstanding any other provision of law to the contrary, in the event that an offender receives a suspension of sentence, has that suspension of sentence revoked for reasons other than the commission of a new felony offense, and is committed to the department of correction, the department shall have the authority to place the offender in a special technical violator unit in lieu of confinement in a regular state penal facility unless the court specifies otherwise in the order of revocation. If the court specifically prohibits the placement of an offender in a special technical violator unit, the court shall make findings of fact and state the reasons for its decision in the order of revocation. In such unit the offender shall, at a minimum, be required to participate for a period of one hundred twenty (120) days in an intensive regimen of work and available treatment programs in accordance with policies and procedures established by the department.
Acts 1997, ch. 222, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 3 - SPECIAL TECHNICAL VIOLATOR UNIT (§§ 40-20-301 — 40-20-303) › Section 40-20-302 - Classification of offenders

No offender shall be placed in a special technical violator unit unless and until the offender has been classified by the department as a suitable candidate for such a program in accordance with departmental policies and guidelines.
Acts 1997, ch. 222, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 3 - SPECIAL TECHNICAL VIOLATOR UNIT (§§ 40-20-301 — 40-20-303) › Section 40-20-303 - Completion of program - Failure to comply

Notwithstanding any other provision of the law to the contrary, upon successful completion of a technical violator program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to §
40-35-311
.
Acts 1997 , ch. 222, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-101 - Postponement of execution of sentence pending application for clemency

In case of the conviction and sentence of a defendant to imprisonment, the presiding judge may, in all proper cases, postpone the execution of the sentence for the amount of time as may be necessary to make application to the executive for a pardon or commutation of punishment.
Code 1858, §5255; Shan., § 7230; Code 1932, § 11821; T.C.A. (orig. ed.), § 40-3001.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-102 - Suspension of execution to permit application for pardon

Whenever a plea of guilty is entered by the defendant to an indictment charging a felony, and it appears to the circuit or criminal court judge receiving the plea that the prisoner is only technically guilty, or that there are circumstances or conditions connected with the alleged crime or in the defendant's life and surroundings tending to mitigate the offense, or if it is the prisoner's first offense, and it is not likely that the prisoner will again engage in an offensive and criminal course of conduct if released, and in the opinion of the presiding judge the public good does not require that the defendant suffer the disgrace of imprisonment at hard labor in the penitentiary, the execution of sentence and judgment may, in the discretion of the judge, be suspended until the next term of the court, so as to enable application to be made to the governor for a pardon.
Acts 1915, ch. 135, § 1; Shan., § 7230a1; Code 1932, § 11822; T.C.A. (orig. ed.), § 40-3002.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-103 - Transmittal of documents and recommendations to commissioner

It is the duty of the presiding judge, where the execution of sentence and judgment has been suspended, as provided by §
40-22-102
, to immediately transmit to the commissioner of correction and the board of parole a copy of the indictment or presentment, together with the judge's reasons for suspending the sentence and judgment, and any other recommendations as the judge may think proper to make.
Acts 1915, ch. 135, § 2; Shan., § 7230a2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11823; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 27; T.C.A. (orig. ed.), § 40-3003; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-104 - Prisoner placed under commissioner

The presiding judge shall also cause to be entered on the minutes of the trial court an order reciting the reasons for the suspension of the sentence and judgment, and providing that the prisoner whose sentence has been so suspended shall, from the date of suspension, be subject to be placed under the control of the commissioner of correction, and, when so placed, shall be subject to all laws, rules and regulations pertaining to convicts on parole. The board of parole shall consider a person so committed to the custody of the department of correction using the procedures and criteria established in chapter 28 of this title.
Acts 1915, ch. 135, § 2; Shan., § 7230a3; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11824; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 28; T.C.A. (orig. ed.), § 40-3004; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-105 - Custody or appearance bond

It is the duty of the court to hold the defendant in custody unless bond is executed for the appearance of the prisoner at the next term of the court.
Acts 1915, ch. 135, § 2; Shan., § 7230a4; Code 1932, § 11825; T.C.A. (orig. ed.), § 40-3005.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-106 - Execution of sentence in absence of parole or pardon

In case the governor does not act by pardoning the prisoner, or the board of parole by paroling the prisoner, by the first day of the next term of court, then it is the duty of the judge to put into execution the sentence and judgment of the court, by delivering, or causing to be delivered, the prisoner to the proper authorities for the execution of the sentence.
Acts 1915, ch. 135, § 3; Shan., § 7230a14; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11834; Acts 1979, ch. 359, § 29; T.C.A. (orig. ed.), § 40-3006; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-107 - Entry of pardon or parole - Discharge of bond

Should the prisoner be pardoned or paroled, it shall then be the duty of the court to show the facts by proper decree and discharge the bond taken for the appearance of the prisoner as provided for in §
40-22-105
.
Acts 1915, ch. 135, § 2; Shan., § 7230a6; Code 1932, § 11826; T.C.A. (orig. ed.), § 40-3007.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-108 - Supervision pending application

It is the duty of the department of correction, upon receipt of the pleadings in the case, together with the recommendations of the presiding judge, as provided in §
40-22-103
, through the probation and parole officer, to look after the welfare of, and have charge of and keep in communication with, the prisoner, thus on parole, and also to keep in communication with the prisoner's employers.
Acts 1915, ch. 135, § 3; Shan., § 7230a7; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11827; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, §5; Acts 1979, ch. 359, § 30; T.C.A. (orig. ed.), § 40-3008; Acts 1998, ch. 1049, §§20, 21; 2012 , ch. 727, § 12.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-109 - Parole or recommendation of pardon

When it satisfactorily appears to the board of parole that a prisoner, whose sentence has been suspended as provided in §
40-22-102
, has led an exemplary life and behaved in a manner and for a period of time that leads the board to believe that the prisoner is reliable and trustworthy and that the prisoner will probably remain at liberty without violating the law, and the prisoner's final release is not incompatible with the welfare of society, the board may, in its discretion, parole the prisoner for a period of time as it deems best, or it may recommend to the governor that the governor grant the prisoner a pardon and final discharge.
Acts 1915, ch. 135, § 3; Shan., § 7230a8; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11828; Acts 1979, ch. 359, § 31; T.C.A. (orig. ed.), § 40-3009; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-110 - Maximum term of parole - Power to pardon unaffected

Where the prisoner is granted a parole by the board of parole, the parole shall not be in length of time beyond the minimum penalty of the prisoner, and shall not affect the power of the governor to pardon the prisoner.
Acts 1915, ch. 135, § 3; Shan., § 7230a13; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11833; Acts 1979, ch. 359, § 32; T.C.A. (orig. ed.), § 40-3010; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-111 - Notice of grant of parole

In case the board of parole grants the prisoner a parole, as provided in §§
40-22-109
and
40-22-110
, it shall at once communicate with and transmit to the judge of the court where the case against the prisoner is pending its action and the reasons for granting the prisoner a parole.
Acts 1915, ch. 135, § 3; Shan., § 7230a11; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11831; Acts 1979, ch. 359, § 33; T.C.A. (orig. ed.), § 40-3011; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-112 - Duties of probation and parole officer

It is the duty of the parole officer to perform all of the duties imposed upon the officer by law and by the rules and regulations of the board of parole.
Acts 1915, ch. 135, § 4; Shan., § 7230a17; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11837; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 34; T.C.A. (orig. ed.), § 40-3012; Acts 1998, ch. 1049, §§ 20, 21.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-113 - Supervision by state parole officer

It is the duty of the probation and parole officer to keep in communication as far as possible with all of the prisoners who are paroled under this chapter, and with their employers.
Acts 1915, ch. 135, § 4; Shan., § 7230a15; Code 1932, §11835; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 35; T.C.A. (orig. ed.), § 40-3013; Acts 1998, ch. 1049, § 21.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-114 - Transmittal of papers and recommendations to governor

In case the board of parole recommends to the governor that the prisoner be pardoned and finally discharged, it shall file the papers received from the trial judge, together with its recommendation attached thereto, with the governor, a sufficient time before the next term of court at which the prisoner is required to appear, to enable the governor to take action on the recommendation.
Acts 1915, ch. 135, § 3; Shan., § 7230a9; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11829; Acts 1979, ch. 359, § 37; T.C.A. (orig. ed.), § 40-3015; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-115 - Notice of governor's action

When the governor acts on the application, the governor shall communicate the governor's action to the board of parole, which shall at once transmit to the judge of the court where the case against the prisoner is pending the action of the governor.
Acts 1915, ch. 135, § 3; Shan., § 7230a10; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11830; Acts 1979, ch. 359, § 38; T.C.A. (orig. ed.), § 40-3016; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-116 - Entry of parole or pardon

The judge of the court, in either case, shall cause to be made a minute entry in the judge's court, reciting the facts and discharging the prisoner, if pardoned, and if paroled, reciting the conditions of the parole and the length of the parole.
Acts 1915, ch. 135, § 3; Shan., § 7230a12; Code 1932, § 11832; T.C.A. (orig. ed.), § 40-3017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 22 - JUDICIAL RECOMMENDATION OF CLEMENCY (§§ 40-22-101 — 40-22-117) › Section 40-22-117 - Construction of chapter

This chapter shall be liberally construed, and nothing in it shall be construed as seeking to impair the pardoning power of the governor, or the duties of the board of parole in regard to the paroling of prisoners not inconsistent with the spirit of the chapter.
Acts 1915, ch. 135, § 5; Shan., § 7230a18; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11838; Acts 1979, ch. 359, § 39; T.C.A. (orig. ed.), § 40-3018; Acts 1998, ch. 1049, § 20.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-101 - Commencement of sentence - Credit for pretrial detention and jail time pending appeal

(a)
When a person is sentenced to imprisonment, the judgment of the court shall be rendered so that the sentence shall commence on the day on which the defendant legally comes into the custody of the sheriff for execution of the judgment of imprisonment.
(b)
(1)
This section shall not apply in a case where, after the rendition of the judgment of imprisonment, an execution of the judgment is stayed by appeal or otherwise.
(2)
This section shall not interfere with the operation of the statute requiring sheriffs in whose custody defendants come for execution of judgments of imprisonment to commit those defendants as soon as possible to jail or to the warden of the penitentiary.
(c)
The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court so as to allow the defendant credit on the sentence for any period of time for which the defendant was committed and held in the city jail or juvenile court detention prior to waiver of juvenile court jurisdiction, or county jail or workhouse, pending arraignment and trial. The defendant shall also receive credit on the sentence for the time served in the jail, workhouse or penitentiary subsequent to any conviction arising out of the original offense for which the defendant was tried.
(d)
In the event the person sentenced appeals the cause to the supreme court and is required to spend time in jail pending the appeal, the supreme court may modify the original sentence allowing a reduction for the time spent in jail pending an appeal upon a petition being filed in the defendant's behalf setting out the time spent in jail within five (5) days after the announcement of the supreme court decision; provided, that the facts alleged in the petition are verified by the clerk of the court where the sentence was imposed. This section applies in both felony and misdemeanor cases.
(e)
A certified copy of the order modifying the original sentence in each case shall be forwarded by the clerk of the supreme court to the warden of the state penitentiary.
Acts 1919, ch. 67, § 1; Shan. Supp., § 7242a1; Code 1932, §11849; Acts 1955, ch. 303, § 1; 1959, ch. 13, § 1; 1963, ch. 32, § 1, 1965, ch. 145, § 1; 1974, ch. 639, § 1; 1976, ch. 664, § 1; T.C.A. (orig. ed.), § 40-3102.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-102 - Defendant in custody at time of judgment

Where the judgment of the court is that the defendant be imprisoned, the time for confinement, if the defendant is in jail, shall begin to run from the day of final judgment.
C. Supp. 1950, § 11761.1; T.C.A. (orig. ed.), § 40-3101.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-103 - Sheriff to commit defendant

It is the duty of the sheriff in whose custody the defendant is at the rendition of the judgment, or afterwards legally comes, to execute the judgment of imprisonment by committing the defendant, as soon as possible, to jail, or to the warden of the penitentiary, according to the exigency of the writ.
Code 1858, §5275; Shan., § 7251; Code 1932, § 11857; T.C.A. (orig. ed.), § 40-3103.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-104 - Sentence to workhouse for felony term - Removal by trial judge

(a)
In all cases where any person is convicted of a felony, and sentenced to six (6) years or less, the court, in its discretion, may order the person confined in the county workhouse for the term of the sentence. The trial judge shall have the power to order the removal of the prisoner from the county workhouse to the department of correction whenever, in the judge's opinion, the prisoner is being treated in a brutal or inhuman manner, or when it appears to the judge that the physical condition of the prisoner is such that working on the roads is deleterious to the prisoner's health.
(b)
Whenever any prisoner is confined to a county workhouse under provisions of this section, the state shall pay the costs of incarceration of the prisoner in accordance with title 41, chapter 8.
Acts 1915, ch. 107, § 1; Shan., § 7207a1; Code 1932, § 11793; C. Supp. 1950, § 11793; Acts 1973, ch. 354, § 1; 1977, ch. 404, §3; T.C.A. (orig. ed.), §40-3105; Acts 1986, ch. 744, §§ 1, 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-105 - Felons sentenced to jail compelled to hard labor

All persons convicted of a felony, whose imprisonment has been by the jury commuted to imprisonment in the county jail, shall be compelled to work out the term of imprisonment at hard labor in the county workhouse in the county where convicted.
Acts 1881, ch. 105, § 1; Shan., § 7207; Code 1932, § 11792; T.C.A. (orig. ed.), § 40-3106.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-106 - Notice to commissioner of convicts for penitentiary

At the adjournment of any court, or upon final disposition of a case prior to the adjournment of the court, it is the duty of the clerk of the court to notify the commissioner of correction of the number of convicts for the penitentiary, and that notification shall be made within five (5) days.
Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, §§5, 20; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7239; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11845; Acts 1941, ch. 14, § 1; C. Supp. 1950, § 11845; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3107.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-107 - Safekeeping of inmates - Transfers to penitentiary

(a)
In counties where, because of the insufficiency of the county jail, or for any other cause, the court may be of opinion that the safekeeping of the inmates may require it, the court may order the immediate removal of inmates to the penitentiary or to the nearest branch prison, at the cost of the state, before the expiration of the time allowed to remove the inmates.
(b)
The inmates shall, as soon as possible after conviction, be safely removed and conveyed by the person appointed by the commissioner of correction for that purpose, to the penitentiary, or to one (1) of the branch prisons.
Acts 1883, ch. 171, § 28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., §§ 7240, 7241; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§11846, 11847; impl. am. Acts 1955, ch. 102, §1; T.C.A. (orig. ed.), §§ 40-3108, 40-3109.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-108 - Order specifying number of guards for removal of prisoners

It is the duty of the criminal and circuit judges of this state, at the adjournment of their courts or earlier, if the number of persons convicted justify it, to make an order specifying the number of guards the sheriff shall have in conveying to the supreme court, or to the penitentiary, the person or persons convicted, in case the person so appointed for that purpose by the commissioner of correction fails to remove them as provided by law.
Acts 1875, ch. 29; impl. am. Acts 1883, ch. 171, §28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7243; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11850; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3111.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-109 - Warrant to summon aid in removal of prisoners

The judge or clerk of the court may, by warrant in writing, empower the sheriff charged with the conveyance of the convict, in all counties and places through which the sheriff may pass with the prisoner, to summon or impress such and so many persons, not exceeding two (2) for each convict, except as otherwise provided in this chapter, and the conveyances or modes of conveyance as shall be necessary for the safe conveyance of the prisoner, which warrant the sheriff is required to execute, and to the sheriff's commands in virtue thereof all persons are to pay due obedience.
Code 1858, § 5265 (deriv. Acts 1829, ch. 38, § 3); Shan., §7244; mod. Code 1932, § 11851; T.C.A. (orig. ed.), § 40-3112.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-110 - Summons of additional guards

If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional guard or guards as shall be necessary for that purpose. The additional guard or guards shall be paid as other guards, on the oath of the sheriff that the additional guard or guards were essentially necessary, and the officer making the payment being satisfied with the truth of the oath.
Code 1858, § 5267 (deriv. Acts 1829, ch. 38, § 4); Shan., § 7245; Code 1932, §11852; T.C.A. (orig. ed.), § 40-3113.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-111 - Qualifications of guard

The additional guard or guards that the sheriff and other officers are authorized to summon to assist in conveying convicts to the penitentiary, or to and from the penitentiary, and to prevent a rescue, shall consist of able bodied persons, who shall not be under eighteen (18) years of age.
Code 1858, § 5593 (deriv. Acts 1835-1836, ch. 63, § 1); Shan., §7634; Code 1932, § 12263; T.C.A. (orig. ed.), § 40-3114.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-112 - Juror disqualified to act as guard

The sheriff shall not summon any person as a guard to assist in taking the prisoner to the penitentiary, whom the person, as a juror, convicted.
Code 1858, §5268; Shan., § 7246; Code 1932, § 11853; T.C.A. (orig. ed.), § 40-3115.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-113 - Report by sheriff to department of correction

Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to the defendant's behavior while in local custody as may be requested by the department. Notwithstanding any other provision of the law to the contrary, no such person sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed report required by this section.
Code 1858, § 5263 (deriv. Acts 1829, ch. 38, § 1); Shan., § 7238; Code 1932, §11844; T.C.A. (orig. ed.), §40-3116; Acts 1985 (1st Ex. Sess.), ch. 5, § 28.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-115 - Maintenance of death chamber

The commissioner of correction shall ensure that a permanent and suitable death chamber is kept and maintained within a penitentiary of this state, as defined in §
41-1-101(b)
, and that an electrical apparatus, together with all necessary appliances sufficient for the infliction of punishment of death as provided in §
40-23-114
, is kept and maintained in the death chamber.
Acts 1913 (1st Ex. Sess.), ch. 36, § 2; Shan., § 7204a2; mod. Code 1932, § 11791; T.C.A. (orig. ed.), § 40-3118; Acts 1985 (1st Ex. Sess.), ch. 5, § 15.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-117 - Death sentence stands if not carried out at scheduled time

When, from any cause, an inmate sentenced to death has not been executed pursuant to the sentence, the sentence stands in full force, and shall be carried into execution by the court in which the inmate was tried.
Code 1858, §5279; Shan., § 7259; Code 1932, § 11861; T.C.A. (orig. ed.), § 40-3121.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-118 - Warrant for apprehension of condemned inmate

If such convict is at large, the court or any magistrate may issue a warrant for the convict's apprehension, and, if no good reason is shown for the convict's discharge, shall commit the convict to abide the order and sentence of the court.
Code 1858, §5280; Shan., § 7260; Code 1932, § 11862; T.C.A. (orig. ed.), § 40-3122.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 23 - EXECUTION OF JUDGMENT (§§ 40-23-101 — 40-23-119) › Section 40-23-119 - Order of execution after arrest of condemned prisoner

Upon the convict being brought before the court, it shall inquire into the circumstances, and, if no legal reason exists against the execution of the sentence, shall order the warden of the state penitentiary in which the death chamber is located to execute the defendant on a day to be fixed by the court.
Code 1858, § 5281; impl. am. Acts 1909, ch. 500, § 1; Shan., § 7261; Code 1932, § 11863; T.C.A. (orig. ed.), §40-3123; Acts 1985 (1st Ex. Sess.), ch. 5, § 17.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-101 - Payment of fines - Manner

(a)
When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows:
(1)
That the defendant pay the entire amount at the time sentence is pronounced;
(2)
That the defendant pay the entire amount at some later date;
(3)
That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or
(4)
Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence.
(b)
Upon request by an individual on a payment or installment plan with the court clerk, the court clerk shall not require an individual to pay any outstanding court-assessed fines, fees, taxes, or costs arising from a criminal proceeding during the one-hundred-eighty-day period following the individual's release from a term of imprisonment sentence of one (1) year or more for a felony offense. If otherwise unavailable to the court, the individual shall provide documentation of the individual's release date when making this request. This subsection (b) does not apply to restitution owed to a victim. This subsection (b) does not apply to fines, fees, taxes, or costs that have been sent to a collection agency pursuant to §
40-24-105(d)
.
(c)
For the clerk's services in administering any court-approved plan authorizing payment of a fine by installments, the clerk of court shall be entitled to a fee of five percent (5%) of the total amount to be collected, not to exceed fifteen dollars ($15.00); provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the fee shall not exceed ten percent (10%) of the total amount to be collected, not to exceed fifteen dollars ($15.00). The clerk's fees shall be added to the defendant's bill of costs.
Amended by 2023 Tenn. Acts, ch. 329, s 1, eff. 5/5/2023.
Acts 1972, ch. 729, § 1; T.C.A. §§ 40-3201, 40-3207; Acts 1987, ch. 135, § 1; 1995, ch. 456, § 10.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-102 - Release of fines and forfeitures

The several courts in which a cause is finally adjudged are authorized, either before or after final judgment, for good cause, to release the defendants, or any one (1) or more of them, from the whole or any part of fines or forfeitures accruing to the county or state.
Code 1858, §5251; Shan., § 7226; Code 1932, § 11813; T.C.A. (orig. ed.), §§ 40-3201, 40-3202.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-103 - Confession of judgment

In cases where a fine is assessed, the court shall allow the defendant to confess judgment for the fine and costs, with good sureties.
Code 1858, §5239; Shan., § 7214; Code 1932, § 11800; T.C.A. (orig. ed.), §§ 40-3202, 40-3203.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-104 - Nonpayment of fines

(a)
If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under §
40-24-101
, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.
(b)
Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.
Acts 1972, ch. 729, § 2; T.C.A., §§ 40-3208, 40-3204; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-106 - Fines accruing to state

(a)
Except as otherwise provided by law, fines, amercements, forfeitures and recoveries in criminal cases constitute a part of the revenue of the state, and shall be paid into the state treasury in the following cases:
(1)
All fines and forfeitures that may be recovered in any case in which the defendant is indicted for a felony, whether convicted of a felony or of an offense less than felony; and
(2)
All fines and forfeitures, imposed for a violation of any law regulating the business of banking.
(b)
Except as otherwise provided by law, fines and forfeitures in all other state cases go to the county in which the indictment was found.
Code 1858, §§ 552, 5236 (deriv. Acts 1835-1836, ch. 55, § 2); Shan., §§ 707, 7211; Code 1932, §§ 1258, 11798; modified; T.C.A. (orig. ed.), § 40-3206.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 24 - FINES (§§ 40-24-101 — 40-24-109) › Section 40-24-108 - Sexual assault program services

(a)
When any person is convicted of a sexual offense as defined in subdivision (b)(2) on or after July 1, 2003, in addition to any other punishment that may be imposed for the sexual offense, the court shall impose a fine of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding sexual assault program services pursuant to title 71, chapter 6, part 3.
(b)
(1)
For purposes of this section, "convicted" means an adjudication of guilt for a sexual offense as defined in subdivision (b)(2) in any of the manners described:
(A)
Plea of guilty, including a plea of guilty entered pursuant to §
40-35-313
;
(B)
Verdict of guilty by a judge or jury;
(C)
Plea of no contest; or
(D)
Best interest plea.
(2)
"Sexual offense" means the commission of any act that constitutes the criminal offense of:
(A)
Aggravated rape, under §
39-13-502
;
(B)
Rape, under §
39-13-503
;
(C)
Aggravated sexual battery, under §
39-13-504
;
(D)
Sexual battery, under §
39-13-505
;
(E)
Statutory rape, under §
39-13-506
;
(F)
Sexual exploitation of a minor, under §
39-17-1003
;
(G)
Aggravated sexual exploitation of a minor, under §
39-17-1004
;
(H)
Especially aggravated sexual exploitation of a minor, under §
39-17-1005
;
(I)
Incest, under §
39-15-302
;
(J)
Rape of a child, under §
39-13-522
;
(K)
Sexual battery by an authority figure, under §
39-13-527
;
(L)
Solicitation of a minor, under §
39-13-528
;
(M)
Criminal attempt, under §
39-12-101
, solicitation, under §
39-12-102
, or conspiracy, under §
39-12-103
, to commit any of the offenses enumerated within this subdivision (b)(2); or
(N)
Criminal responsibility under §
39-11-402(2)
for facilitating the commission under §
39-11-403
of, or being an accessory after the fact under, §
39-11-411
to any of the offenses enumerated in this subdivision (b)(2).
Acts 2003, ch. 304, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-101 - Application of general provisions as to fees

Title 8, chapters 21-24 and 26 applies to this chapter, unless otherwise specifically provided.
Code 1858, §5560; Shan., § 7582; Code 1932, § 12210; T.C.A. (orig. ed.), § 40-3301.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-102 - Express authorization required

Officers are entitled to no other fees in criminal cases, except those expressly provided for by law, and in no case are they entitled to payment from the state or county, unless expressly allowed.
Code 1858, §5561; Shan., § 7583; Code 1932, § 12211; T.C.A. (orig. ed.), § 40-3302.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-103 - Fees to officers acting in lieu of named officers

(a)
If any of the duties in this chapter and title 8, chapters 21-24 and 26 are performed by other officers than those therein named, whose duty it is to perform the same, those officers are entitled to the same fees, and in the same manner, as there named.
(b)
This section does not apply to any of the judges or chancellors of the state.
Code 1858, §§ 5562, 5563; Shan., §§ 7584, 7585; Code 1932, §§ 12212, 12213; T.C.A. (orig. ed.), § 40-3303.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-104 - Costs adjudged

The costs that may be adjudged in criminal cases include all costs incident to the arrest and safekeeping of the defendant, before and after conviction, due and incident to the prosecution and conviction, and incident to the carrying of the judgment or sentence of the court into effect.
Code 1858, § 5577 (deriv. Acts 1805, ch. 49; 1813, ch. 137 (136 in Scott's Revisal), § 2); Shan., § 7606; Code 1932, § 12233; T.C.A. (orig. ed.), § 40-3304.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-105 - Prosecutor not entitled to fees

No prosecutor in a misdemeanor is entitled to any compensation for services as prosecutor, or for attendance as a witness on behalf of the state.
Code 1858, § 5573 (deriv. Acts 1829, ch. 100, § 3); Shan., § 7600; Code 1932, § 12227; T.C.A. (orig. ed.), § 40-3305.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-106 - Witnesses living near court

Neither the state nor any county of the state shall pay or be liable in any criminal case or prosecution for the fees, costs or mileage that may accrue in favor of any witness who, at the time of attendance as a witness before any court, grand jury or magistrate, resides within five (5) miles of the place where the person attends as a witness.
Acts 1897, ch. 20, § 2; Shan., § 7622a2; Code 1932, § 12251; T.C.A. (orig. ed.), § 40-3306.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-107 - State and county expense fees for misdemeanors

Every person indicted or presented in any court or tried on state warrants charging driving while intoxicated, or carrying a deadly weapon with the intent to be armed, tried in a court of general sessions, for a misdemeanor, except when acquitted, before the person is discharged, shall be required by the judgment of the court to pay or secure or work out in the workhouse, in addition to all other costs, a county expense fee of five dollars ($5.00) for each defendant. The county expense fee shall be included and recovered as part of the costs of the case, and collected and paid over as costs. The county expense fee shall be paid to the county.
Acts 1919, ch. 57, § 1; Shan. Supp., § 7616a1; Code 1932, §12243; Acts 1961, ch. 307, § 1; 1978, ch. 839, § 5; 1981, ch. 488, §3; T.C.A. (orig. ed.), § 40-3307.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-108 - Loss of fees by clerk's neglect

No clerk is entitled to any fees in any state case, when the fees have become chargeable to the state or county, in consequence of any omission of the clerk's duty or clerical defect in the record.
Code 1858, § 5565 (deriv. Acts 1845-1846, ch. 95, § 1); Shan., §7589; Code 1932, § 12217; T.C.A. (orig. ed.), § 40-3308.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-109 - Fees on unserved process

No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena "not found," unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided in that county, or that the person has not resided in the county for twelve (12) months.
Code 1858, § 5567 (deriv. Acts 1843-1844, ch. 215, §§ 10, 12); Shan., § 7591; Code 1932, § 12218; T.C.A. (orig. ed.), § 40-3309.