reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 4 - APPEAL OF SENTENCE (§§ 40-35-401 — 40-35-402) › Section 40-35-402 - Appeal of sentence by state - Standard

(a)
The district attorney general in a criminal case may appeal from the length, range or manner of the service of the sentence imposed by the sentencing court. The district attorney general may also appeal the imposition of concurrent sentences. In addition, the district attorney general may also appeal the amount of fines and restitution imposed by the sentencing court. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. The right of the appeal of the state is independent of the defendant's right of appeal.
(b)
An appeal from a sentence is limited to one (1) or more of the following conditions:
(1)
The court improperly sentenced the defendant to the wrong sentence range;
(2)
The court granted all or part of the sentence on probation;
(3)
The court ordered all or part of the sentences to run concurrently;
(4)
The court improperly found the defendant to be an especially mitigated offender;
(5)
The court failed to impose the fines recommended by the jury;
(6)
The court failed to order the defendant to make reasonable restitution; or
(7)
The sentence is inconsistent with the purposes or considerations of sentencing set out in §§
40-35-102
and
40-35-103
.
(c)
If the sentence is appealed by the state, the appellate court may affirm, vacate, set aside, increase or reduce the sentence imposed or remand the case or direct the entry of an appropriate order.
(d)
When reviewing sentencing issues raised pursuant to this section, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.
Acts 1989, ch. 591, § 6; 1998, ch. 796, §§ 1, 2; 2005, ch. 353, § 9.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 5 - RELEASE AND PAROLE (§§ 40-35-501 — 40-35-506) › Section 40-35-502 - Conversion of fractions in calculations

(a)
For purposes of calculating the release eligibility date, a fraction of a month is construed to mean:
(1)
For one tenth (0.1) of a month, three (3) days;
(2)
For two tenths (0.2) of a month, six (6) days;
(3)
For three tenths (0.3) of a month, nine (9) days;
(4)
For four tenths (0.4) of a month, twelve (12) days;
(5)
For five tenths (0.5) of a month, fifteen (15) days;
(6)
For six tenths (0.6) of a month, eighteen (18) days;
(7)
For seven tenths (0.7) of a month, twenty-one (21) days;
(8)
For eight tenths (0.8) of a month, twenty-four (24) days; and
(9)
For nine tenths (0.9) of a month, twenty-seven (27) days.
(b)
For purposes of calculating the release eligibility date for a sentence of less than one (1) year, a fraction of a day is construed to mean that the next day is the release eligibility date.
Acts 1989, ch. 591, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 5 - RELEASE AND PAROLE (§§ 40-35-501 — 40-35-506) › Section 40-35-504 - Release classification status programs - Parole - Penalty for violation of parole

(a)
When the board of parole determines that an eligible inmate should be granted parole, the inmate may be placed on supervised parole under the prescribed conditions and in accordance with §
40-28-118
. If it is determined that an eligible inmate should not be granted parole, the board shall thereupon inform the inmate, in writing, of the date the inmate will be reconsidered for parole.
(b)
A defendant convicted of a felony who has been admitted to parole shall be supervised by the department of correction and shall make periodic reports to an assigned parole officer for not less than one (1) year. Thereafter, the defendant may be relieved from making any further periodic reports if the parole officer, with the consent of the director of probation and parole, determines that:
(1)
The defendant has abided by the terms of parole in a satisfactory manner;
(2)
There is a reasonable likelihood that the defendant will remain at liberty without violating the law; and
(3)
Relief from further periodic reporting is not incompatible with the welfare of society.
(c)
A defendant relieved from reporting shall still be considered to be within the jurisdiction of the board and the department of correction or the local jail or workhouse authorities and shall be subject to termination of parole status for the remainder of the sentence originally imposed. The director of probation and parole may reinstitute required periodic reporting at any time.
(d)
A defendant who violates the terms of parole is subject to the terms of §§
40-28-121
- 40-28-123, which shall govern the termination of parole.
(e)
If a defendant who has been placed on parole is convicted of a felony committed while on parole, the board, in its discretion, may revoke the defendant's parole and require the defendant to serve the remainder of the sentence originally imposed, or a portion of the original sentence as the board may determine, before the defendant begins serving the sentence for the crime committed while on parole.
(f)
Upon revocation of supervised or unsupervised parole by the board under subsection (d) or (e), the time a defendant spent on parole shall not be considered as service of the sentence unless the board determines to grant all or part of the time to the defendant.
Acts 1989, ch. 591, § 6; 2012 , ch. 727, § 59.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 5 - RELEASE AND PAROLE (§§ 40-35-501 — 40-35-506) › Section 40-35-505 - Orientation to post-release or parole issues

Before the release of an inmate under this chapter, the department of correction shall conduct an orientation for the inmate concerning relevant post-release or parole issues. As a part of the department's existing orientation program, the orientation shall address issues of restoration of citizenship, voting and the availability of services relating to education, employment, family and child support. Specific attention shall be given to, but not limited to, high school equivalency credentials approved by the state board of education and adult education, access to health care and health insurance, reinstatement of licenses and voting rights and food stamps.
Amended by 2023 Tenn. Acts, ch. 114,s 8, eff. 7/1/2023.
Acts 2004, ch. 752, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 1 - GENERAL PROVISIONS (§§ 40-36-101 — 40-36-106) › Section 40-36-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Community Corrections Act of 1985."
Acts 1985 (1st Ex. Sess.), ch. 3, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 1 - GENERAL PROVISIONS (§§ 40-36-101 — 40-36-106) › Section 40-36-103 - Purposes of chapter

The purposes of this chapter are to:
(1)
Establish a mechanism for using state funds to contract with local governments and qualified private entities to develop community-based alternatives to incarceration that provide a treatment-centered pathway and community-based supervision for offenders, thereby reserving state penal institution, local jail, or workhouse bed space for other offenders;
(2)
Facilitate the growth of treatment-centered pathways to alleviate geographical disparities in Tennessee with respect to the availability of such pathways available to judges at sentencing; and
(3)
Reduce the number of felony offenders committed to state penal institutions, local jails, and workhouses for whom a treatment-centered pathway and appropriate evidence-based community supervision will result in less recidivism and more effective outcomes.
Amended by 2023 Tenn. Acts, ch. 483,s 1, eff. 6/30/2023.
Amended by 2021 Tenn. Acts, ch. 409, s 12, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 1 - GENERAL PROVISIONS (§§ 40-36-101 — 40-36-106) › Section 40-36-104 - Goals of this chapter - Use of funding - Appropriation of funding

(a)
This chapter is intended to accomplish the following goals:
(1)
Maintain safe and cost efficient community correctional programs that also involve close supervision of offenders;
(2)
Promote accountability of offenders to their local community by requiring direct financial restitution to victims of crimes and community service restitution to local governments and community agencies;
(3)
[Deleted by 2021 amendment.]
(4)
Reduce the number of nonviolent felony offenders committed by participating counties to correctional institutions and jails by punishing these offenders in noncustodial options as provided in this chapter;
(5)
Provide opportunities for offenders demonstrating special needs to receive services that enhance their ability to provide for their families and become contributing members of their community;
(6)
Encourage the involvement of local officials and leading citizens in their local correctional system; and
(7)
Promote the development of community corrections programs which are tailored to the specific needs of each participating county, and which are creative and innovative, within this state.
(b)
Funds awarded under this chapter, including funds paid pursuant to contracts entered in accordance with this chapter, must not be used to supplant existing state or local government funds and must not be used for:
(1)
Construction, renovation, or operation of local correctional facilities; provided, however, that this subdivision (b)(1) does not prohibit the use of such funds to expand jail-based programs for offenders sentenced to split confinement in conjunction with a sentence of probation under chapter 35 of this title;
(2)
Construction, renovation, or operation of state facilities; or
(3)
Salaries of state probation and parole officers.
(c)
Administrative costs connected with the expenditure of funds awarded under this chapter shall not exceed a percentage amount established by the department of correction.
(d)
Funding under this chapter shall be appropriated on an annual basis and any unspent moneys shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter.
Amended by 2021 Tenn. Acts, ch. 409, s 14, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 13, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 2 - LOCAL COMMUNITY CORRECTIONS ADVISORY BOARD (§§ 40-36-201 — 40-36-202) › Section 40-36-202 - Duties of local community corrections advisory board - Staff - Meetings and officers

(a)
The local community corrections advisory board is empowered by resolution of the county legislative body to perform the following duties:
(1)
Assess community-wide needs and advise the county legislative body regarding specific program options;
(2)
Participate in the establishment of local eligibility standards for local community corrections programs that meet the local needs of the community;
(3)
Adopt the local community corrections plan for submission to the county legislative body;
(4)
Adopt program policies;
(5)
Recommend to the county legislative body the awarding of subcontracts to proprietary, nonprofit or governmental entities to provide community corrections services, in their discretion;
(6)
Monitor the effectiveness of local community correctional services and advise the county legislative body regarding needed modifications;
(7)
Inform and educate the general public regarding the need for diversion of selected nonviolent offenders from confinement in correctional institutions in order to gain greater public support for corrections; and
(8)
Make an annual report to the county legislative body of the progress of the programs.
(b)
The county legislative body may authorize either the local community corrections advisory board or the county mayor to employ, supervise and/or terminate the program staff, who shall be deemed county employees.
(c)
Employees hired by the county to administer this chapter in the community shall meet minimum qualifications as set forth by the department of correction in statewide administrative regulations. The local community corrections advisory board or the county mayor, as designated by the county legislative body, shall review and confirm all potential candidates for employment.
(d)
Any local community corrections advisory board initially created under this chapter shall receive an orientation developed and conducted by the local government with the assistance of the department of correction within thirty (30) days after the last initial appointment to the board is made.
(e)
Each local community corrections advisory board shall meet on a regular basis to transact business, and each local community corrections advisory board shall elect its own chair, vice chair, secretary and necessary committees.
Acts 1985 (1st Ex. Sess.), ch. 3, § 8; 1986, ch. 731, § 1; 1994, ch. 819, §§ 1, 2; 1998, ch. 1049, §§ 44, 45; 2003 , ch. 90, § 2; 2012 , ch. 727, § 46.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 3 - FINANCES (§§ 40-36-301 — 40-36-306) › Section 40-36-301 - Eligibility for financial aid

(a)
A single county or a group of counties within a single judicial district shall be eligible for direct financial aid under this chapter.
(b)
A private agency may be eligible for direct financial aid under this chapter only in a county that has not established a local community corrections advisory board, and only after the county legislative body in the county has received notice that an application for direct financial aid has been made by a private agency and fails to establish a local community corrections advisory board within thirty (30) days; however, nothing in this chapter shall prohibit a private agency from receiving indirect financial aid for such a program through a local community corrections advisory board once the board is established by the county legislative body.
(c)
(1)
Entities eligible for financial aid under this chapter and entering into agreements for the aid shall receive one hundred percent (100%) state funding with no local matching funds required for the estimated cost of the program; provided, that this section shall not prohibit the use of federal funds. In order to receive the funding, each eligible entity shall submit an application to the county commission in a form to be determined by the department of correction.
(2)
Agreements for the aid must contain a statement of the agreed to amount representing one hundred percent (100%) of the estimated cost of the program, or in lieu thereof, the specific formula or method or methods as to how the amount of the one hundred percent (100%) funding will be calculated.
(d)
Where a group of counties combine and submit a joint application for funds, the application shall contain a cooperative agreement indicating each jurisdiction's willingness to collaborate in the proposed program and to meet specific objectives. In addition, the multijurisdictional applications shall provide for the appointment of one (1) fiscal agent to coordinate the financial activities of the grant award.
(e)
A county legislative body that does not establish a local community corrections advisory board may request that the department of correction operate the program in that county. The department of correction shall establish an advisory council substantially similar in composition to the council described in §
40-36-201
, which shall advise the department of correction on program operations within that county.
Acts 1985 (1st Ex. Sess.), ch. 3, § 9; 1986, ch. 731, § 2; 1988, ch. 552, § 1; 1994, ch. 820, § 1; 1998, ch. 1049, §§ 44 - 46; 2012, ch. 727, § 46.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 3 - FINANCES (§§ 40-36-301 — 40-36-306) › Section 40-36-303 - Prohibited use of funds - Administrative costs - Accounting system - Annual audit

(a)
Recipients of community corrections funds shall not use these funds to supplant existing funds from the state or the local government for existing correctional programs. In addition, the funds shall not be utilized for the following purposes:
(1)
Construction, renovation or operation of county or municipal jails;
(2)
Construction, renovation or operation of state facilities; or
(3)
Salaries of state probation and parole officers.
(b)
Administrative costs connected with the expenditure of community corrections funds under this chapter shall not exceed a percentage amount established by the department of correction.
(c)
The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the boards operating under this chapter. The uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon the approval of the commissioner of finance and administration, each local community corrections advisory board shall establish and maintain the uniform accounting system.
(d)
(1)
The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury or the department of correction, or both. The audit may be performed by a licensed independent public accountant selected by the local community corrections advisory board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the local community corrections advisory board.
(2)
The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(3)
All audits shall be completed as soon as practicable after the end of the fiscal year of the local community corrections advisory board. One (1) copy of each audit shall be furnished to each member of the local community corrections advisory board and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
Acts 1985 (1st Ex. Sess.), ch. 3, § 11; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 3 - FINANCES (§§ 40-36-301 — 40-36-306) › Section 40-36-305 - Continued grant funding - Additional incentive funding - Noncompliance with plan

(a)
In order to remain eligible for continued grant funding, a recipient must substantially comply with the standards and administrative regulations of the department of correction defining program effectiveness. Each recipient will participate in an evaluation to determine local and state program effectiveness. The form of this evaluation will be determined by the department of correction.
(b)
Continued grant funding shall be based on demonstrated effectiveness in reducing the number of commitments that would likely have occurred without the programs funded under this chapter and also on evidence that the programs are not dealing with persons who otherwise would have been on regular probation; provided, that each recipient, having been deemed eligible for continued grant funding by the department of correction and having entered into an agreement with the department of correction for direct financial aid under this chapter, shall have exclusive authority to provide the contracted services within the agreed upon jurisdiction for the duration of the contract. Nothing in this subsection (b) shall be construed to diminish the department of correction's authority under this section.
(c)
Subject to funding availability, each participating county is eligible to receive additional incentive funding for extending programs to other eligible offenders or for adding new programs if it exceeds the objectives of its community corrections plan.
(d)
If the department of correction determines that there are reasonable grounds to believe that a participating county is not complying with its plan or the minimum standards, the department of correction shall give thirty (30) days' written notice to the county legislative body, the local community corrections advisory board and the administrator of the program. If the department of correction finds that the participating county is not complying with its plan or the minimum standards established in this chapter, the department of correction shall require the county legislative body to provide a written agreement as to how and when the specific deficiencies identified by the department of correction will be corrected. If no agreement is submitted to the department of correction within the time limit the department of correction has specified or if the deficiencies are not corrected within forty-five (45) days after the agreement has been approved by the department of correction, the department of correction may suspend any part or all of the funding until compliance is achieved.
Acts 1985 (1st Ex. Sess.), ch. 3, § 13; 1996, ch. 871, § 1; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 36 - COMMUNITY CORRECTIONS (§§ 40-36-101 — 40-36-306) › Part 3 - FINANCES (§§ 40-36-301 — 40-36-306) › Section 40-36-306 - Supervision fee

(a)
A supervision fee in the amount of fifteen dollars ($15.00) per month is imposed upon every offender serving a sentence under the supervision of a community corrections grantee. The fee may be waived in those cases determined to be hardship cases, as defined in §
40-28-202
.
(b)
The grantee shall be responsible for collecting and accounting for the fees.
(c)
Any fees collected pursuant to this section shall be retained by the grantee and reported to the department of correction.
(d)
The department of correction shall offset the amount of any fees collected under this section against any sums due under the grant contract with the grantee.
(e)
The grantee shall make an investigation of the financial and other circumstances of any person under its supervision and, based upon the person's ability to pay, shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the grantee to the general fund beginning thirty (30) days from the date the offender is placed under the supervision of the grantee or, in the case of an offender, the date of employment. The payment required under this subsection (e) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as defined in §
40-28-202
, the department of correction may modify the payment required by this subsection (e) to an appropriate amount given the nature and magnitude of the hardship.
(f)
In addition to any other fees imposed by this section, the trial court may assess an additional fee against any offender sentenced to participate in a community corrections program, either as a community corrections sentence or as a condition of probation, to offset the cost of the program; provided, that the program is one that has been certified by the department of correction as meeting promulgated criteria relating to achievement of goals and cost of the program.
Acts 1990, ch. 616, § 2; 1996, ch. 871, §§ 2, 3; 1996, ch. 951, § 1; 1998, ch. 1049, § 45; 2012, ch. 727, § 46.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-101 - Legislative intent - Short title

(a)
The general assembly finds and declares that victims and witnesses shall have certain rights in this state and that they shall be made aware of these rights.
(b)
This part shall be known and may be cited as the "Victims' Bill of Rights."
Acts 1990, ch. 957, § 1; 1993, ch. 527, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-102 - Rights of crime victims and prosecution witnesses

(a)
All victims of crime and prosecution witnesses have the right to:
(1)
Be treated with dignity and compassion; and
(2)
Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant's agents or friends.
(b)
(1)
Without requiring the expenditure of additional funds or additional construction or renovation whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process.
(2)
In order to accomplish the goals of this section, the court security committee established by §
16-2-505(d)(2)
shall have among its duties the responsibility to assess existing facilities to determine where space could be allocated to provide the secure waiting areas described in subdivision (b)(1). A report of this assessment shall be included in the findings provided to the county legislative body and the administrative office of the courts pursuant to §
16-2-505(d)(3)(B)
. In cases where the committee determines that existing facilities cannot accommodate the goals of this section, the committee shall include in its report recommendations as to how a secure waiting area could be provided for in new construction and renovation projects. In a jurisdiction where existing facilities cannot meet the goals of this section, the local government should consider the recommendation of the committee's report in planning for any new construction or renovation of courtroom facilities.
(c)
All victims of crime shall have the right to collect court-ordered restitution in the same manner as a civil judgment, as authorized pursuant to §
37-1-131(b)(2)
or §
40-35-304(h)
.
Acts 1990, ch. 957, § 2; 1993, ch. 527, § 2; 1996, ch. 1044, § 1; 2001, ch. 370, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-104 - Death of child or primary wage earner - Compensation - Preferences

(a)
If a child is the victim of a homicide not committed by the parents, the parents of the child shall be able to apply to the criminal injuries compensation fund for reimbursement to the parents for expenses incurred in obtaining necessary grief counseling.
(b)
All vocational schools and technical institutes operated by the board of regents shall, if there are limitations as to the number of persons who may be admitted to a particular school or institute or in a particular class or program, give preference in making the admissions to victims of violent crime. For purposes of this subsection (b), "victim" means the person who will become the primary wage earner in the victim's family if the victim was the primary wage earner and the crime resulted in the victim's death or permanent disability.
Acts 1990, ch. 957, § 4; 1993, ch. 527, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-105 - Criminal cases - Prompt disposal - Priority of cases involving crimes against the person

(a)
All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal lives as soon as possible. To this end, all persons involved in the criminal justice system shall make every effort to dispose of any charges against a defendant within one hundred eighty (180) days of the date of the defendant's indictment and, in those cases in which the defendant is charged with a crime of violence involving death or serious bodily injury to a victim, all applications for continuance of any court date by any party shall be in writing setting out the reasons for the continuance. If, at any time during the proceeding, the court grants a continuance to the defendant and the defendant is not represented by an attorney, the court shall file an order in the records setting out the reasons why the court granted the continuance. If, for any reason, the case is not tried or otherwise disposed of in one hundred eighty (180) days of the indictment, the court shall set out in a certificate the reasons why the case is still pending before the court.
(b)
All parties affected by a criminal offense shall be able to expect that cases involving crimes against the person are given judicial and prosecutorial priority over cases involving property crimes.
Acts 1990, ch. 957, § 5; 1993, ch. 527, §§ 5, 6, 12.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-106 - Property offenses - Rights of victims

Victims of crimes involving offenses against property shall have the right to:
(1)
Recover property in the custody of the police or the court as soon as is reasonably possible;
(2)
Restitution ordered as a condition of probation or a suspended sentence or parole and the swift revocation of the privileges for failure to make the ordered restitution; and
(3)
Once a claim under the criminal injuries compensation fund has been filed with the state, the claim shall be disposed of expeditiously and any award or other benefit to which a victim may be entitled shall be paid promptly.
Acts 1990, ch. 957, § 6; 1993, ch. 527, §§ 7, 8.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-107 - Communication of rights and resources to victim

(a)
The state treasurer, in consultation with the executive director of the district attorneys general conference, shall prepare and distribute to each district attorney general a booklet, pamphlet, brochure, handout or other publication that sets forth all of the provisions of this chapter and a summary of any other provision of law or regulation that pertains to victims or that would be of assistance to victims. It is the duty of the office of district attorney general to deliver free of charge to each victim, assisted by the victim-witness coordinator, a copy of the publication setting out the provisions of this chapter and other pertinent provisions.
(b)
It also is the duty of the appropriate victim-witness coordinator to distribute to the victim a listing of all appropriate referral services that are available in that particular area to victims of crime.
Acts 1990, ch. 957, § 7.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-108 - Immunity for failure to comply

Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or person charged with a criminal offense may claim any prejudice or assign any error based upon the failure to comply with any provision of this part by the court or any other official of the state.
Acts 1993, ch. 527, § 13.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-109 - Notice to crime victims of eligibility for compensation

The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. The written notice shall be substantially in the form and content as prescribed by the state treasurer. In cases involving the death of a victim, the notification shall be given to the closest relative to the deceased victim. For purposes of this section, "closest relative" has the same meaning as that given in §
34-1-101
.
Acts 1998, ch. 785, § 30.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-110 - Victim's right to notification of proceedings - Confidentiality

(a)
A victim of crime has the right to be informed of the following proceedings or occurrences by the appropriate agency at the earliest practicable opportunity:
(1)
Cancelled or rescheduled hearings;
(2)
Bail hearing for the defendant;
(3)
Dismissal of the defendant's case;
(4)
Pardon of the defendant;
(5)
Defendant's recapture;
(6)
Defendant's release from a mental institution under §
52-5-411
or §
33-6-708
; and
(7)
Defendant's transfer to a different correctional complex if the complex has a lower security designation.
(b)
This section shall not be construed as limiting rights already in existence under Tennessee statute and shall be construed as working in conjunction with existing statutes.
(c)
The victim has a duty to keep current information regarding the victim's location so that the appropriate agency may be able to contact the victim.
(d)
(1)
Any identifying information concerning a crime victim received pursuant to this section shall be confidential.
(2)
For purposes of subdivision (d)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number.
Amended by 2024 Tenn. Acts, ch. 688,s 132, eff. 7/1/2024.
Acts 2000, ch. 859, § 1; 2009 , ch. 176, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-112 - Responsibilities of office of the prosecuting attorney - Duty of victim

(a)
After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information:
(1)
The procedural steps involved in a criminal prosecution;
(2)
Dates, times and places of all proceedings involving the victim's case;
(3)
The availability of victim's compensation benefits; and
(4)
Forms to invoke compensation benefits and other rights.
(b)
The victim has a duty to keep current information regarding the victim's location so that the victim-witness coordinator may be able to contact the victim, if necessary.
Acts 2000, ch. 790, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-113 - Information required to be provided to victim by law enforcement agencies

Law enforcement agencies shall provide notice of the following information to any victim of crime:
(1)
The victim's rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system;
(2)
The availability, if any, of crisis intervention services and emergency and medical services;
(3)
The name of the law enforcement agency and telephone number;
(4)
In cases of domestic violence, the procedures and resources available for protection of the victim;
(5)
The names and telephone numbers of public and private victim assistance programs, including the state criminal injuries compensation program and programs that provide counseling, treatment and other support services; and
(6)
The procedural steps involved in a criminal prosecution.
Acts 2000, ch. 801, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-114 - Conference between victim and prosecuting attorney prior to final disposition of case

(a)
The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim regarding a decision not to proceed with a criminal prosecution or a decision to dismiss a charge or to enter into plea or sentencing agreements or the victim's views regarding a decision to enter a pretrial or other type of diversion program.
(b)
The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
(c)
The rights of the victim do not include the authority to direct the prosecution of the case.
(d)
Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, a dismissal of an indictment or complaint filed against the defendant, a plea entered by the defendant or any other disposition in the case.
(e)
Under this section, the victim has a duty to keep current information regarding the victim's location so the prosecuting attorney may be able to contact the victim. If the prosecuting attorney is unable to contact the victim due to the victim's failure to keep current information regarding the victim's location, the prosecuting attorney may only confer with the victim if practical under the circumstances.
Acts 2000, ch. 802, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-115 - Crime victim advocate

(a)
Any victim of crime may have a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in §
8-7-206
present at any defense interviews with the victim. This section applies if practical and if the presence of the crime victim advocate or victim-witness coordinator does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate or victim-witness coordinator is to provide emotional support to the victim.
(b)
As used in subsection (a), "crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims.
Acts 2000, ch. 803, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-116 - Victim's right to a speedy trial

(a)
In any criminal proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy trial. If the continuance is granted over the victim's objection, the court shall state on the record the reason for the continuance and the procedures that have been taken to avoid further delays.
(b)
In determining a date for any criminal trial or other important criminal hearing, the court shall consider the interests of the victim's right to a speedy trial.
Acts 2000, ch. 804, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-117 - Victim's right to refuse interview with defendant

Any victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim.
Acts 2000, ch. 785, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-118 - Informing victim of Tennessee statewide automated victim information and notification services

(a)
When a law enforcement officer responds to a report of a crime, and the crime is one (1) of the crimes listed in subsection (b), the officer shall inform the alleged victim of the Tennessee statewide automated victim information and notification service created by part 5 of this chapter, provided by the Tennessee sheriffs' association. The officer shall provide written informational materials, if available, and briefly explain the purpose of the program and the requirements for participating. If the alleged victim is injured or otherwise unable to understand the officer, the officer shall leave materials, if available, regarding the notification system with the alleged victim.
(b)
The offenses to which this section applies are:
(1)
Domestic assault, as prohibited by §
39-13-111
;
(2)
Vandalism, as prohibited by §
39-14-408
, or false imprisonment, as prohibited by §
39-13-302
, where the victim of the offense is a domestic abuse victim, as defined in §
36-3-601
;
(3)
Violation of an order of protection or restraining order, as prohibited by §
39-13-113
; and
(4)
Stalking, as prohibited by §
39-17-315
.
(c)
Any law enforcement agency that does not already have written informational materials regarding the Tennessee statewide automated victim information and notification service shall, by July 1, 2016, obtain a supply, if available, from the victim witness coordinator in the district attorneys general office or from the Tennessee sheriffs' association.
Added by 2016 Tenn. Acts, ch. 1073,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 1 - VICTIMS' BILL OF RIGHTS (§§ 40-38-101 — 40-38-119) › Section 40-38-119 - Rights of victim of a sexually-oriented crime

(a)
As used in this section:
(1)
"Crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims;
(2)
"Sexually-oriented crime" means those crimes listed in §
29-13-118(b)
; and
(3)
"Victim" means a victim of a sexually-oriented crime.
(b)
A victim of a sexually-oriented crime has the right, upon request, to:
(1)
Consult with a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in §
8-7-206
at any stage of the criminal proceeding;
(2)
Have a support person of the victim's choosing present during any forensic medical examination and during any interview with law enforcement, the prosecuting attorney, the defendant, or the defendant's attorney, and to have a support person present in the courtroom when the victim is testifying against the defendant;
(3)
Be interviewed by a law enforcement officer of the gender of the victim's choosing if reasonably available;
(4)
Be informed by the appropriate agency of a change in the status of the victim's case, including whether the case has been closed or reopened;
(5)
Be notified when the investigating agency has received results of the medical forensic evidence DNA analysis from the Tennessee bureau of investigation or other similar qualified laboratory;
(6)
Be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation; and
(7)
(A)
Be informed, upon a victim's request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim's sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and
(B)
Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency.
(c)
The victim has a duty to keep current information regarding the victim's location so that the appropriate agency may be able to contact the victim.
Amended by 2022 Tenn. Acts, ch. 1115, s 18, eff. 7/1/2022.
Added by 2021 Tenn. Acts, ch. 362, s 9, eff. 5/11/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-201 - Short title

This part shall be known and may be cited as the "Victim Impact Statement Act."
Acts 1993, ch. 438, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-202 - Sentencing judge to consider impact statement prior to sentencing

The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in §
40-38-203
.
Acts 1993, ch. 438, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim;
(2)
"Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated; and
(3)
"Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative.
Acts 1993, ch. 438, § 3.