reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-209 - Hearing officer

(a)
The administrative head of the applicable agency shall contract with the secretary of state for use of administrative law judges to conduct forfeiture hearings.
(b)
The administrative law judge is empowered to subpoena witnesses and compel their attendance and to produce records, memoranda, papers and other documents at any hearing authorized by this part.
(c)
At all hearings conducted pursuant to this part, the applicable agency shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. Upon application, the claimant shall be entitled to a copy of the stenographic record upon payment of the reasonable costs thereof to be fixed by the administrative head of the applicable agency.
(d)
All hearings conducted pursuant to this part shall be contested case hearings and shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2017 Tenn. Acts, ch. 352,s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 352,s 1, eff. 7/1/2017.
Acts 1994, ch. 925, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-212 - Settlement agreements

Only the chief administrative officer of the seizing agency, or the officer's designee, shall be permitted to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing conducted pursuant to §
40-33-210
. In no event shall any officer involved in the seizure of the property be allowed to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing. All negotiated settlements by any seizing agency are subject to the approval of the chief administrative officer of the applicable agency.
Acts 1994, ch. 925, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-213 - Appeals - Venue

(a)
The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency.
(b)
Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in §
4-5-322
, for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing.
(d)
The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency.
(e)
If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in §
40-33-217
, and any reasonable attorney's fees incurred during the appeal.
Amended by 2018 Tenn. Acts, ch. 772, s 9, eff. 1/1/2019.
Acts 1994, ch. 925, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-214 - Rules

Any applicable agency authorized to conduct forfeiture hearings pursuant to §
39-14-307
, §
47-25-1105
, §
53-11-451
, §
55-10-414
, §
55-50-504(g)
, §
57-3-411
, §
57-5-409
, §
57-9-201
, §
67-4-1020
, or §
70-6-202
may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to supplement and administer this part. However, no such rules shall be inconsistent with this part.
Amended by 2013 Tenn. Acts, ch. 154,s 36, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1996, ch. 910, §§ 6, 7; 1996, ch. 959, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-215 - Cause of action against seizing authority in cases of bad faith

(a)
A person who has property seized in accordance with this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part.
(b)
A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to:
(1)
Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and
(2)
Monetary damages resulting from the improper seizure of the property.
(c)
Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property.
(d)
For the purposes of this section, a seizing officer "acts in bad faith" when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.
Acts 1998, ch. 1070, § 4; 1999, ch. 124, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-216 - Annual seizure report by department

(a)
By March 1 of each year, the department of safety shall report to the speakers of the senate and the house of representatives and the chairs of the judiciary committee of the senate and the civil justice and criminal justice committees of the house of representatives, a report detailing, for the previous calendar year:
(1)
The total number of seizure cases opened by the department;
(2)
The number of seizure cases where an arrest was made;
(3)
The total number of cases resulting in forfeiture;
(4)
The types of property seized under this part and the totals of each type;
(5)
The amount of currency seized;
(6)
The amount of currency forfeited;
(7)
The total number of cases which resulted in a default by the property owner;
(8)
The total amount of currency forfeited as a result of default;
(9)
The total number of cases which resulted in a settlement;
(10)
The total amount of currency forfeited as a result of settlement;
(11)
The total amount of currency returned to the property owners as a result of settlement;
(12)
The total number of cases resulting in a hearing;
(13)
The total number of hearings resulting in forfeiture of assets;
(14)
The total amount of currency forfeited as a result of disposition by hearing;
(15)
The total amount of currency returned to the property owners as a result of a disposition by hearing; and
(16)
How proceeds derived from forfeited assets are used by the department.
(b)
The department shall include each category of information for the department as a whole and separately for each individual law enforcement agency that opened a forfeiture proceeding with the department in the previous calendar year.
(c)
The information reported by the department in subdivision (a)(16) and to the department in §
40-33-211(a)(2)
shall be made accessible to the public on the department's website through a prominent link provided on the home page.
Amended by 2021 Tenn. Acts, ch. 64, s 51, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 59, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 999, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 999, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 441, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 441, s 1, eff. 7/1/2017.
Added by 2016 Tenn. Acts, ch. 861, s 1, eff. 4/19/2016.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-217 - Attorney's fees

(a)
Upon entering an order that includes a return of property, in whole or in part, the administrative law judge or the court shall also include an award of reasonable attorney's fees against the seizing agency subject to the limits in subsection (c).
(b)
No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties.
(c)
An award of reasonable attorney's fees under this section shall not exceed ten thousand dollars ($10,000). Failure to submit documentation of an attorney's time and expenses must result in no attorney's fee being awarded.
(d)
The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e)
Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section.
(f)
Notwithstanding §
4-5-325
or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to §
40-33-215
from seeking attorney's fees for that specific action.
(g)
For the purposes of this section, "seizing agency" means the agency that issued the Notice of Seizure pursuant to §
40-33-203
.
(h)
Notwithstanding §
40-33-211
, §
53-11-201
, or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section.
Amended by 2021 Tenn. Acts, ch. 423, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 423, s 1, eff. 7/1/2021.
Added by 2018 Tenn. Acts, ch. 772, s 10, eff. 10/1/2018.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-101 - Short title

This chapter shall be known as and may be cited as the "Tennessee Contract Sentencing Act of 1979."
Acts 1979, ch. 386, § 1; T.C.A., § 40-4201.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-102 - Authority to establish program

The commissioner of correction and the board of parole are authorized to establish a contract sentencing program, and to promulgate rules and regulations governing it, consistent with this chapter. The rules and regulations shall include eligibility requirements, procedures and the general form and substance of agreements that may be entered into under the program.
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4202; Acts 1998, ch. 1049, § 42.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-103 - Sentence agreements - Notice to officials and victims

(a)
Any prisoner sentenced to a period of imprisonment under supervision of the department of correction and who is otherwise eligible to participate in the contract sentencing program may enter into an agreement with the department and the board of parole for a sentence agreement. The department and the board may establish objectives or programs for each eligible prisoner who wishes to enter into an agreement under the contract sentencing program.
(b)
The sentence agreement may include the promise of the prisoner to complete certain enumerated objectives, or certain programs offered for prisoners by the department, in return for:
(1)
The promise of the board to parole the prisoner on a definite, specified named date or a specific date in relation to the release eligibility date of the eligible prisoner; and
(2)
The promise of the department to provide the means by which the prisoner may have access to the programs and services necessary for the prisoner to fulfill the prisoner's part of the agreement.
(c)
Notwithstanding any other law to the contrary, if an inmate has served a minimum of ten (10) consecutive years in continuous confinement in correctional facilities and has entered into a sentencing agreement, there shall be no statutory restriction on the minimum amount of time that the inmate must serve before being paroled pursuant to the terms of the sentencing agreement. No offender who has been convicted as an habitual offender or has been convicted of a crime against the person, no offender who has been convicted of first degree murder, and no offender who has been convicted of a sexual offense as contained in §§
39-13-501
- 39-13-506, 39-13-507 [repealed], 39-13-101 and 39-12-101 shall be eligible to participate in the contract sentencing program authorized by this subsection (c).
(d)
No agreement entered into under this chapter shall be legally binding or enforceable by any of the parties to the agreement.
(e)
The commissioner shall notify the district attorney general who prosecuted the case, or the district attorney general's successor, the trial judge in whose court the conviction occurred, or the trial judge's successor, and the victim or the victim's next of kin prior to the execution of a sentencing agreement under subsection (c).
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., § 40-4203; Acts 1985 (1st Ex. Sess.), ch. 5, § 23; 1988, ch. 879, §§ 1, 2; 1989, ch. 227, § 52; 1996, ch. 675, § 37; 1998, ch. 1049, § 42.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-104 - Coordination of contract sentencing program

The governor shall appoint a person to coordinate the contract sentencing program whose duties shall include acting as spokesperson and advocate for prisoners. The coordinator shall receive reasonable compensation for the work and reimbursements for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter, pursuant to §
4-3-1008
.
Acts 1979, ch. 386, § 1; T.C.A., § 40-4204.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-105 - Establishment of alternative objectives of programs - Removal of prisoner from program

(a)
If the objectives of the agreement cannot be met by the department of correction, or if programs or services referred to in the agreement are not available, the department and the board of parole may establish alternative objectives or programs for the prisoner.
(b)
If the prisoner cannot complete the prisoner's part of the agreement for disciplinary reasons, the commissioner of correction, or the commissioner's designee, may, for disciplinary purposes or for the safety of the institution, remove the prisoner from the contract sentencing program, in which event the agreement shall be void; provided, that a new agreement may later be entered into with the prisoner in the discretion of the commissioner and the board.
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4205; Acts 1998, ch. 1049, § 42.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-106 - Prisoners not exempt from department regulations

Nothing in this chapter shall be construed to exempt any prisoner, supervised by the department of correction, from the effect of any disciplinary rules or regulations established by the commissioner of correction.
Acts 1979, ch. 386, § 1; T.C.A., § 40-4206.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-107 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 711, s 5, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 60, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, §35; 2011 , ch. 410, § 2(a).
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 34 - CONTRACT SENTENCING (§§ 40-34-101 — 40-34-108) › Section 40-34-108 - Maximum reduction of sentence

(a)
(1)
(A)
Notwithstanding any other law to the contrary, no sentence credits authorized by §
41-21-236
or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%).
(B)
For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).
(2)
The sentencing commission shall review the effect of these provisions as part of its duties under law.
(b)
As used in this section, "sentence credits" includes any credit, whether called such or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. This section shall not be applicable when the powers granted pursuant to title 41, chapter 1 are in effect to reduce prison overcrowding.
Acts 1985 (1st Ex. Sess.), ch. 5, § 52.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Criminal Sentencing Reform Act of 1989."
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-102 - Purpose of chapter

The foremost purpose of this chapter is to promote justice, as manifested by §
40-35-103
. In so doing, the following principles are adopted:
(1)
Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense;
(2)
This chapter is to assure fair and consistent treatment of all defendants by eliminating unjustified disparity in sentencing and providing a fair sense of predictability of the criminal law and its sanctions;
(3)
Punishment shall be imposed to prevent crime and promote respect for the law by:
(A)
Providing an effective general deterrent to those likely to violate the criminal laws of this state;
(B)
Restraining defendants with a lengthy history of criminal conduct;
(C)
Encouraging effective rehabilitation of those defendants, where reasonably feasible, by promoting the use of alternative sentencing and correctional programs that elicit voluntary cooperation of defendants; and
(D)
Encouraging restitution to victims where appropriate;
(4)
Sentencing should exclude all considerations respecting race, gender, creed, religion, national origin and social status of the individual;
(5)
In recognition that state prison capacities and the funds to build and maintain them are limited, convicted felons committing the most severe offenses, possessing criminal histories evincing a clear disregard for the laws and morals of society and evincing failure of past efforts at rehabilitation shall be given first priority regarding sentencing involving incarceration; and
(6)
(A)
A defendant who does not fall within the parameters of subdivision (5), and who is an especially mitigated or standard offender convicted of a Class C, D or E felony, should be considered as a favorable candidate for alternative sentencing options in the absence of evidence to the contrary; however, a defendant's prior convictions shall be considered evidence to the contrary and, therefore, a defendant who is being sentenced for a third or subsequent felony conviction involving separate periods of incarceration or supervision shall not be considered a favorable candidate for alternative sentencing;
(B)
As used in subdivision (6)(A), "separate periods of incarceration or supervision" means that the defendant serves and is released or discharged from a period of incarceration or supervision for the commission of a felony prior to committing another felony;
(C)
If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court;
(D)
A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6).
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 21; 1994, ch. 736, § 1; 2005, ch. 353, § 1; 2007, ch. 512, § 1.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-103 - Sentencing considerations

To implement the purposes of this chapter, the following principles apply:
(1)
Sentences involving confinement should be based on the following considerations:
(A)
Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct;
(B)
Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or
(C)
Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant;
(2)
The sentence imposed should be no greater than that deserved for the offense committed;
(3)
Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided;
(4)
The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed;
(5)
The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of a term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence;
(6)
Trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service or all of these; and
(7)
Available community-based alternatives to confinement and the benefits that imposing such alternatives may provide to the community should be considered when the offense is nonviolent and the defendant is the primary caregiver of a dependent child.
Amended by 2019 Tenn. Acts, ch. 309,s 1, eff. 7/1/2019.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-105 - Standard offender

(a)
A standard offender is a defendant not sentenced as:
(1)
A multiple offender, as defined by §
40-35-106
;
(2)
A persistent offender, as defined by §
40-35-107
;
(3)
A career offender, as defined by §
40-35-108
;
(4)
An especially mitigated offender, as defined by §
40-35-109
; or
(5)
A repeat violent offender, as defined by §
40-35-120
.
(b)
The sentence for a standard offender is within Range I.
(c)
If the judgment of conviction does not include a sentence range, it shall be returned to the sentencing court to be completed.
Acts 1989, ch. 591, § 6; 1994, ch. 994, § 2.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-106 - Multiple offender

(a)
A multiple offender is a defendant who has received:
(1)
A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or
(2)
One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony.
(b)
In determining the number of prior convictions a defendant has received:
(1)
"Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
(2)
All prior felony convictions, including those occurring prior to November 1, 1989, are included;
(3)
(A)
A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to §
37-1-134
, or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court;
(B)
Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to §
37-1-134
, or similar statutes of other states or jurisdictions;
(4)
Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under §
39-13-1003
, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
(5)
Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(c)
A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II.
(d)
The finding that a defendant is or is not a multiple offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 10, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 2; 2009 , ch. 603, § 1; 2010 , ch. 861, § 1.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-107 - Persistent offender

(a)
A persistent offender is a defendant who has received:
(1)
Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or
(2)
At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.
(b)
In determining the number of prior convictions a defendant has received:
(1)
Prior conviction means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
(2)
All prior felony convictions, including those occurring prior to November 1, 1989, are included;
(3)
(A)
A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to §
37-1-134
or similar statutes of other states or jurisdictions shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court;
(B)
Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to §
37-1-134
, or similar statutes of other states or jurisdictions;
(4)
Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims or convictions for the offense of aggravated burglary under §
39-13-1003
, convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
(5)
Prior convictions includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(c)
A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III.
(d)
The finding that a defendant is or is not a persistent offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 11, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 3; 2009 , ch. 603, § 2; 2010 , ch. 861, § 2.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-109 - Especially mitigated offender

(a)
The court may find the defendant is an especially mitigated offender, if:
(1)
The defendant has no prior felony convictions; and
(2)
The court finds mitigating, but no enhancement factors.
(b)
If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%).
(c)
If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.
(d)
The finding that a defendant is or is not an especially mitigated offender is appealable by either party.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-110 - Classification of offenses

(a)
Felonies are classified for the purpose of sentencing into five (5) categories:
(1)
Class A felonies;
(2)
Class B felonies;
(3)
Class C felonies;
(4)
Class D felonies; and
(5)
Class E felonies.
(b)
An offense designated a felony without specification as to category is a Class E felony.
(c)
Misdemeanors are classified for the purpose of sentencing into three (3) categories:
(1)
Class A misdemeanors;
(2)
Class B misdemeanors; and
(3)
Class C misdemeanors.
(d)
An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-112 - Sentence ranges

(a)
A Range I sentence is as follows:
(1)
For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years;
(2)
For a Class B felony, not less than eight (8) nor more than twelve (12) years;
(3)
For a Class C felony, not less than three (3) nor more than six (6) years;
(4)
For a Class D felony, not less than two (2) nor more than four (4) years; and
(5)
For a Class E felony, not less than one (1) nor more than two (2) years.
(b)
A Range II sentence is as follows:
(1)
For a Class A felony, not less than twenty-five (25) nor more than forty (40) years;
(2)
For a Class B felony, not less than twelve (12) nor more than twenty (20) years;
(3)
For a Class C felony, not less than six (6) nor more than ten (10) years;
(4)
For a Class D felony, not less than four (4) nor more than eight (8) years; and
(5)
For a Class E felony, not less than two (2) nor more than four (4) years.
(c)
A Range III sentence is as follows:
(1)
For a Class A felony, not less than forty (40) nor more than sixty (60) years;
(2)
For a Class B felony, not less than twenty (20) nor more than thirty (30) years;
(3)
For a Class C felony, not less than ten (10) nor more than fifteen (15) years;
(4)
For a Class D felony, not less than eight (8) nor more than twelve (12) years; and
(5)
For a Class E felony, not less than four (4) nor more than six (6) years.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-113 - Mitigating factors

If appropriate for the offense, mitigating factors may include, but are not limited to:
(1)
The defendant's criminal conduct neither caused nor threatened serious bodily injury;
(2)
The defendant acted under strong provocation;
(3)
Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(4)
The defendant played a minor role in the commission of the offense;
(5)
Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;
(6)
The defendant, because of youth or old age, lacked substantial judgment in committing the offense;
(7)
The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;
(8)
The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;
(9)
The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;
(10)
The defendant assisted the authorities in locating or recovering any property or person involved in the crime;
(11)
The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;
(12)
The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and
(13)
Any other factor consistent with the purposes of this chapter.
Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-115 - Multiple convictions

(a)
If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.
(b)
The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that:
(1)
The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood;
(2)
The defendant is an offender whose record of criminal activity is extensive;
(3)
The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences;
(4)
The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high;
(5)
The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims;
(6)
The defendant is sentenced for an offense committed while on probation;
(7)
The defendant is sentenced for criminal contempt;
(8)
The defendant is convicted of two (2) or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim;
(9)
The defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in §
39-16-202(a)(2)
; or
(10)
The defendant is convicted of two (2) or more offenses involving more than one (1) victim, irrespective of whether the multiple offenses were part of a single criminal episode, and the court finds that a separate consecutive sentence for each offense is in the interest of justice.
(c)
The finding concerning the imposition of consecutive or concurrent sentences is appealable by either party.
(d)
Sentences shall be ordered to run concurrently if the criteria noted in subsection (b) are not met, unless consecutive sentences are specifically required by statute or the Tennessee Rules of Criminal Procedure.
Amended by 2023 Tenn. Acts, ch. 481, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 347, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 15, eff. 10/1/2021.
Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 31, 32.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-116 - Revocation of bail on conviction

(a)
If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse, statutory rape by an authority figure or a violation of §
39-17-417(b) or (i)
, the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.
(b)
If a defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearing, motion for a new trial and related post-guilt determination hearings.
(c)
If the court revokes the defendant's bail, the defendant shall be housed in a local jail pending the sentencing determination. Following sentencing, the defendant shall be transferred to the custody of the authority to whom the defendant was sentenced.
(d)
If a defendant is convicted of first degree murder, the judge may house the defendant in a local jail or may transfer custody to the department of correction pending further proceedings in the trial court.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 22; 2007, ch. 108, § 1.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-117 - Applicability of chapter

(a)
All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter.
(b)
Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter.
(c)
For all persons who committed crimes prior to July 1, 1982, prior law shall apply and remain in full force and effect in every respect, including, but not limited to, sentencing, parole and probation.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-119 - Classification of prior unclassified felony offenses

Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to §
40-35-118
or otherwise, is a Class E felony.
Acts 1990, ch. 980, § 23.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-122 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1038,s 11, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 545, s 6, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 549, s 1, eff. 3/9/2018.
Acts 2010 , ch. 1090, § 2.
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 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-123 - Neighborhood Protection Act - Injunctive relief against offenders entering residential area

(a)
This section shall be known and may be cited as the "Neighborhood Protection Act."
(b)
A homeowners' association, as defined in §
68-14-302
, a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity's charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if:
(1)
The offender has been convicted of three (3) or more separate offenses of:
(A)
Burglary, as defined in §
39-13-1002
;
(B)
Rape, as defined in §
39-13-503
;
(C)
Criminal homicide, as defined in §
39-13-201
;
(D)
Delivering or selling a controlled substance, as defined in §
39-17-417
;
(E)
Criminal gang activity, as defined in §
40-35-121
;
(F)
Prostitution, as defined in §
39-13-512
;
(G)
Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1;
(H)
Vandalism, as defined in §
39-14-408
; or
(I)
Aggravated criminal littering, as defined in §
39-14-505
, if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and
(2)
Three (3) or more of the offenses were committed within the boundaries of the residential area.
(c)
Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners' association, neighborhood association, neighborhood watch, or similarly organized residential entity.
Amended by 2022 Tenn. Acts, ch. 941, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 545, s 7, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 365, s 1, eff. 7/1/2015.
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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-201 - Issue of guilt and sentence to be tried separately - Instructing jury on possible sentences

(a)
In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in this chapter shall be construed to deprive a defendant of a right to a jury trial as to the defendant's guilt or innocence pursuant to Rule 23 of the Tennessee Rules of Criminal Procedure and appropriate provisions of the United States or Tennessee constitutions.
(b)
In all contested criminal cases, except for capital crimes that are governed by the procedures contained in §§
39-13-204
and
39-13-205
, and as necessary to comply with the Tennessee Constitution, article VI, § 14 and §
40-35-301
, the judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on possible penalties for the offense charged nor all lesser included offenses.
(c)
"Plea of guilty" or "guilty plea," as used in this chapter, includes the plea of nolo contendere as provided in Rule 11 of the Tennessee Rules of Criminal Procedure.
Acts 1989, ch. 591, § 6; 1994, ch. 847, §§ 1, 2; 1998, ch. 1041, § 1.