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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-202 - Notice of intent to seek enhanced punishment - Statement of enhancement and mitigating factors

(a)
If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea; provided, that notice may be waived by the defendant in writing with the consent of the district attorney general and the court accepting the plea. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant on the primary offense, must set forth the nature of the prior felony convictions, the dates of the convictions and the identity of the courts of the convictions. The original or certified copy of the court record of any prior felony conviction, bearing the same name as that by which the defendant is charged in the primary offense, is prima facie evidence that the defendant named in the record is the same as the defendant before the court, and is prima facie evidence of the facts set out in the record.
(b)
In all cases following a finding of guilt, the court may require that:
(1)
The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and
(2)
The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court.
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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-203 - Court to impose sentence - Exceptions

(a)
Except as provided in subsection (c) and with respect to fines as provided in §
40-35-301
, sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in subsection (b). Evidence may, but need not, be presented by both the defendant and the district attorney general on any matter relevant to the issue of sentencing. The sentencing hearing may occur immediately after guilt is determined, subject to the rights of the parties to postpone the hearing under §
40-35-209(a)
.
(b)
Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in §
40-35-205(d)
and no specific sentencing hearing or presentence reports shall be required. The judge may, in the judge's discretion, direct that a complete presentence report be prepared. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by §
40-35-209(d)(1)
. Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. There shall be a presentence report and hearing on any issue of sentencing not agreed upon by the parties and accepted by the court.
(c)
If a capital offense is charged and the jury returns a verdict where death is a possibility, the jury shall fix the punishment in a separate sentencing hearing as otherwise provided by law, unless the jury is waived as to punishment.
(d)
If the trial judge who presided at the trial on the merits is unavailable because of death, resignation, retirement, ill health or loss of jurisdiction, another judge appointed by the chief justice of the Tennessee supreme court may impose the sentence.
(e)
If the criminal offense for which the defendant is charged carries an enhanced punishment for a second or subsequent violation of the same offense, the indictment in a separate count shall specify and charge that fact. If the defendant is convicted of the offense, then the jury must find that beyond a reasonable doubt the defendant has been previously convicted the requisite number of times for the same offense. Upon such finding, the defendant shall be subject to the authorized terms of imprisonment for the felonies and misdemeanors as set forth in §
40-35-111
.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 24.
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 40-35-204 - Presentence service officers

(a)
The commissioner of correction shall appoint presentence service officers for each court having criminal jurisdiction. These officers may be the existing probation officers. Presentence service officers shall conduct investigations and make reports to sentencing courts relating to the imposition of sentences on defendants.
(b)
With permission of the court, and if the commissioner determines that it will not interfere with their other duties, the presentence service officers may:
(1)
Assist courts or other judicial officers in developing information relating to the setting of bail or other pretrial release or detention decisions; and
(2)
Develop information about defendants relating to the selection of a defendant for particular correctional programs.
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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-207 - Presentence report - Contents - Validated risk and needs assessment defined

(a)
The presentence report shall set forth:
(1)
The characteristics and circumstances of the offense committed by the defendant;
(2)
The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits;
(3)
Information relating to enhancement or mitigating factors asserted by the parties and its source;
(4)
The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult;
(5)
Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained;
(6)
If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant;
(7)
If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity;
(8)
Any statement relating to sentencing submitted by the victim of the offense or the investigative agency;
(9)
Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence;
(10)
The results of the validated risk and needs assessment; and
(11)
Any other matters the court directs to be included.
(b)
The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law.
(c)
In misdemeanor cases where the court has ordered a presentence report or hearing and in cases in which neither party asserts the existence of any enhancement or mitigating factors, the court may direct the presentence service officer not to include certain types of information normally required in the report.
(d)
As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool designated by the department that assesses the dynamic and static factors that drive criminal behavior.
Amended by 2016 Tenn. Acts, ch. 906, Secs.s 7, s 8 eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 2010 , ch. 861, § 4.
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 40-35-208 - Filing of report - Availability to parties

The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.
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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-211 - Court to impose determinate sentences only

In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense:
(1)
Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by §
40-23-101
relative to pretrial jail credit, or §§
52-5-407
and
33-7-102
relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by §
41-21-236
.
(2)
If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided.
(3)
If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under §
41-2-111
. Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in §
40-35-302(d)
, the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse.
Amended by 2024 Tenn. Acts, ch. 688,s 130, eff. 7/1/2024.
Acts 1989, ch. 591, § 6; 2000, ch. 947, § 8J.
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 40-35-212 - Court to determine location and conditions of sentence - Probation - Retention of jurisdiction during sentence

(a)
In imposing a sentence, the court shall determine under what conditions a sentence will be served as provided by law. A defendant may be sentenced to the department of correction unless prohibited by §
40-35-104(b)
.
(b)
A court may also order probation where a defendant is eligible by law either:
(1)
Immediately upon sentencing;
(2)
In conjunction with a specific period of confinement pursuant to §
40-35-306
; or
(3)
In conjunction with a period of periodic confinement pursuant to §
40-35-307
.
(c)
Unless the defendant receives a sentence in the department, the court shall retain full jurisdiction over the manner of the defendant's sentence service.
(d)
(1)
Notwithstanding subsection (c), the court shall retain full jurisdiction over a defendant sentenced to the department during the time the defendant is being housed in a local jail or workhouse awaiting transfer to the department. The jurisdiction shall continue until the defendant is actually transferred to the physical custody of the department.
(2)
The sheriff shall promptly transfer any inmate sentenced to the department of correction who is being housed in the sheriff's local jail awaiting transfer when called upon to do so by a department of correction official. The department shall notify the sheriff in writing of the date the department intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. Failure to do so shall result in the state withholding any housing reimbursement allowance that might otherwise be due the county for housing the inmate for any day or portion of a day that the sheriff fails or refuses to transfer custody of the inmate to the department after being requested in writing to do so. The department shall notify each sheriff of the provisions of this subdivision (d)(2) and the consequences for failing to comply with it.
Acts 1989, ch. 591, § 6; 2005, ch. 174, § 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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-213 - Eligibility for work release program

(a)
Notwithstanding any other law to the contrary, no person convicted of a sexual offense or violent sexual offense as defined in §
40-39-202
, whether in the custody or control of the department of correction, a local government or a private prison contractor, shall be eligible for any work release program offered by or that may be offered by the correctional facility in which the offender is housed.
(b)
As used in subsection (a), "work release program" includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.
Acts 2008, ch. 901, § 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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-214 - Transfer from county for plea and sentence

(a)
A defendant arrested, held or present in a county, other than that in which an indictment or information is pending against the defendant, may state in writing that the defendant wishes to plead guilty, to waive trial in the county in which the indictment or information is pending and to consent to the disposition of the case in the county in which the defendant was arrested, held or present, subject to the approval of the district attorney general and the court having criminal jurisdiction for each county. Upon receipt of the defendant's statement and of the written approval of the appropriate district attorneys general and courts, the clerk of the court in which the indictment or information is pending shall transmit the papers in the proceeding or certified copies of the papers to the clerk of the court for the county in which the defendant was arrested, held or present, and the prosecution shall continue in that county.
(b)
A defendant arrested, held or present in a county other than the county in which a charge is pending against the defendant may state in writing that the defendant wishes to plead guilty, to waive trial in the county in which the warrant was issued and to consent to the disposition of the case in the county in which the defendant was arrested, held or present, subject to the approval of the district attorney general and the court having criminal jurisdiction for each county. Upon receipt of the defendant's statement and the written approval of the appropriate district attorneys general and courts, the clerk of the court for the county in which the warrant was issued shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court having jurisdiction over the offense charged in the warrant for the county in which the defendant was arrested, held or present, and the prosecution shall continue in that county. When the defendant is brought before the court to plead to a charge filed in the county where the warrant was issued, the defendant may at that time waive indictment and the prosecution may continue based upon the indictment or information originally filed.
(c)
If, after the proceeding has been transferred pursuant to subsection (a) or (b) the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced, and the proceeding shall be restored to the docket of that court. The defendant's statement that the defendant wishes to plead guilty shall not be used against the defendant.
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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-215 - Sentence calculation

(a)
(1)
The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility calculates the service of an hour, day and month.
(2)
As used in this section "service of an hour, day or month" means the period of time a person must be incarcerated in the facility in order to reduce the person's court imposed sentence by an hour, day or month.
(b)
At the first meeting of the county or municipal legislative body in which the facility is located, conducted after July 1, 1995, the chief administrator shall submit the formulation of the method of sentence calculation required by subsection (a) to the legislative body for its approval. The legislative body shall approve or modify and approve the sentence calculation.
(c)
Upon the approval by the legislative body of the facility's sentence calculations, the chief administrator shall publish the sentence calculations and cause them to be prominently posted at the local jail, workhouse or facility for which they are applicable.
Acts 1995, ch. 440, § 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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-216 - First hours served hour for hour

Notwithstanding any other law or judgment of conviction to the contrary, the first forty-eight (48) hours of any sentence that a defendant is permitted to serve on nonconsecutive days, or in any manner other than continuous confinement or day for day, shall be served hour for hour. This section shall only apply to sentences imposed pursuant to §
55-10-402
.
Amended by 2013 Tenn. Acts, ch. 154,s 37, eff. 7/1/2013.
Acts 1995, ch. 440, § 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 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-217 - Sentence conditioned or based upon defendant submitting to birth control, sterilization, or family planning services prohibited

(a)
As used in this section, "sterilization" means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization.
(b)
No guilty plea agreement or plea of nolo contendere shall be accepted by the court nor shall any criminal sentence be imposed by a judge if any part of the plea or sentence is in whole or in part conditioned or based upon the criminal defendant submitting to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.
(c)
A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant's consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given.
(d)
This section shall not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.
Acts 2018, ch. 917, § 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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section:
(1)
"Deadly weapon" has the same meaning as defined in § 39-11-106;
(2)
"Illegal alien" means a person who is illegally or unlawfully in the United States;
(3)
"School" means a public or private elementary school, middle school, or high school; and
(4)
"Violent crime" has the same meaning as defined in § 40-38-111(9); provided, that the offense is a felony.
(b)
Notwithstanding another law to the contrary, and in addition to the enhancement factors prescribed under § 40-35-114, a court may enhance the statutory penalty up to imprisonment for life without the possibility of parole for a conviction under the following circumstances:
(1)
The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed;
(2)
The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or
(3)
The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present.
(c)
An arrest and subsequent conviction to which the enhancement factors would apply under subdivision (b)(1) or (2) must be reported to the department of safety.
Added by 2024 Tenn. Acts, ch. 1063,s 1, eff. 7/1/2024.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-301 - Fixing of fine by court or jury

(a)
Where the offense is punishable by a fine of fifty dollars ($50.00) or less, the court shall fix the fine in accordance with §
40-35-111
.
(b)
In a case where the range of punishment includes a fine in excess of fifty dollars ($50.00), the jury finding the defendant guilty shall also fix the fine, if any, in excess of fifty dollars ($50.00). The jury shall report such fine with a verdict of guilty. When imposing sentence, after the sentencing hearing, the court shall impose a fine, if any, not to exceed the fine fixed by the jury. The defendant may waive the right to have a jury fix the fine and agree that the court fix it, in which case the court may lawfully fix the fine at any amount that the jury could have. If a plea agreement imposing a fine in excess of fifty dollars ($50.00) and the defendant's written waiver of the constitutional right to have a jury fix the fine are accepted by the court, the court may pronounce sentence, including the fine, without a jury. If the conviction is upon a guilty plea and there is no jury waiver as provided in this subsection (b), a jury shall be impaneled to fix the fine, if any, to be imposed by the court in an amount not to exceed the fine fixed by the jury.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-305 - Appearance bond

Upon the imposition of a sentence involving release into the community as provided in this chapter, the trial judge shall possess the power to require the defendant, the judgment against whom has been suspended, to execute an appearance bond in the sum deemed right and proper by the trial judge or, in the alternative, to execute a personal recognizance bond without sureties in the sum the trial judge may fix, both bail bond and recognizance, as the case may be, to contain conditions requiring the appearance of the defendant from court to court or, in the alternative, to appear before the trial judge at any regular or special term of the court.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-306 - Split confinement - Probation following partial service of sentence

(a)
A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.
(b)
A violation of the terms of probation or of the rules of the institution where the defendant is confined shall authorize the court to revoke the sentence of split confinement and impose a sentence in a local jail or workhouse or, unless prohibited by §
40-35-104(b)
, in the department of correction. The imposed sentence shall not exceed the remainder of the full sentence.
(c)
At any time during the period of continuous confinement ordered pursuant to this section, the defendant may apply to the sentencing court to have the balance of the sentence served on probation supervision. The application may be made at no less than two-month intervals.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-307 - Probation coupled with periodic confinement

(a)
A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.
(b)
If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify:
(1)
The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and
(2)
The days or parts of days the defendant is to be confined.
(c)
The court may include in the judgment of conviction suitable provisions to the officer to whose custody the defendant is committed as will ensure that the defendant will be allowed to serve the sentence on nonconsecutive days which may include, but are not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the sentencing court until the period of probation begins.
(d)
The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the defendant in any local jail or workhouse shall adopt procedures for the release of the defendant at the time specified in the order of judgment and for receiving the defendant back into custody at the specified times. Willful failure of the official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(e)
Failure of the defendant to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the defendant's safekeeping in the local jail or workhouse within the time specified in the order of judgment constitutes grounds for the revocation or modification of probation in the discretion of the court. The defendant may elect to serve the defendant's entire sentence of confinement on consecutive days; provided, that a failure to comply with subsection (c) or (d) shall give the court the authority, upon a finding of a violation, to impose a sentence of continuous confinement in a local jail or workhouse or, unless prohibited by §
40-35-104(b)
, in the department of correction for the remainder of the full sentence originally imposed.
(f)
At any time during the period of periodic confinement, the defendant may apply to have the balance of the periodic confinement sentence served on probation without further confinement. The application may be made at no less than two-month intervals.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-308 - Modification, removal or release from conditions of probation - Extension of period of probation supervision

(a)
During the term of probation supervision, the sentencing court, on its own motion, or on application of a probation and parole officer, district attorney general or the defendant, may:
(1)
Modify any condition;
(2)
Remove a condition; or
(3)
Release the defendant from further supervision; provided, that release from supervision shall not discharge the defendant from the remainder of the sentence, and the defendant shall remain within the jurisdiction and authority of the sentencing court until the sentence fully expires. During this period, the defendant's probation is subject to revocation.
(b)
The court may not make the conditions of supervision more onerous than those originally imposed, except pursuant to a revocation proceeding as provided by law.
(c)
(1)
Notwithstanding the actual sentence imposed under §
40-35-303(c)
, at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for a period not exceeding one (1) year upon determining on the record that:
(A)
The defendant has repeatedly and intentionally failed to comply with court-ordered treatment programming;
(B)
The defendant has intentionally violated the conditions of probation regarding contact with the victim or the victim's family; or
(C)
The defendant has intentionally failed to comply with restitution orders despite having the ability to pay the restitution owed, and extending the period of probation would be more effective than other available options to ensure that the defendant pays the remaining amount of restitution owed.
(2)
For each subsequent determination that the defendant has violated a provision or provisions of subdivision (c)(1), the court may extend probation for an additional period not exceeding one (1) year.
Amended by 2021 Tenn. Acts, ch. 409, s 21, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-309 - Probation authorized outside jurisdiction of court - Transfer or retention of jurisdiction

Whenever a court authorizes a defendant sentenced to supervised probation to reside in this state but outside the jurisdiction of the sentencing court, the court may:
(1)
Retain jurisdiction over the defendant; or
(2)
Transfer jurisdiction over the defendant to an appropriate court in the jurisdiction in which the defendant will reside. A court to which jurisdiction is transferred shall have the same powers as the sentencing court.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-310 - Revocation of suspension of sentence - Resentence to community-based alternative to incarceration

(a)
The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, in accordance with §
40-35-311
, to revoke the suspension. The trial judge may order the original judgment to be in full force and effect from the date of the revocation of the suspension and may give credit against the original judgment by the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation or a portion of that amount of time. If the trial judge revokes the suspension due to conduct by the defendant that resulted in a conviction against the defendant during the defendant's period of probation, then the trial judge may order that the term of imprisonment imposed by the original judgment be served consecutively to any sentence that was imposed upon the conviction.
(b)
In addition to the power to restore the original judgment, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation, when suspension of sentence is revoked, the trial judge may also resentence the defendant for the remainder of the unexpired term to a sentence of probation, including the condition of participating in a community-based alternative to incarceration as provided in §
40-35-104(c)(9)
; provided, that the violation of the defendant's suspension of sentence is a technical one and does not involve the commission of a new offense.
Amended by 2021 Tenn. Acts, ch. 409, s 23, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, Secs.s18, s22 eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2009 , ch. 203, § 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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-312 - Costs of revocation proceeding

In case of a revocation of a suspension, the costs of the revocation shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant was originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that, if the trial judge is of the opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case or, in the alternative, to tax them against the party making the charges against the defendant.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-315 - Jurisdiction of sentencing court to order work release

(a)
In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to §
40-35-212
, and the administrative authority of the institution has not formulated a program for work release, the sentencing court shall have jurisdiction to order work release as a part of a sentence, either at the time of sentencing or as a part of any subsequent sentence modification, upon conditions to be set by the sentencing court. This section shall apply to convictions under §
55-10-401
after the mandatory minimum sentences have been served.
(b)
(1)
Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in §
40-39-202
.
(2)
As used in subdivision (b)(1), "work release" includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 27; 2008, ch. 901, § 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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-316 - Jurisdiction of sentencing court to grant furloughs

(a)
In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to §
40-35-212
, the sentencing court shall have jurisdiction to grant furlough for any medical, penological, rehabilitative or humane reason, upon conditions to be set by the sentencing court. This section shall apply to convictions under §
55-10-401
after the mandatory minimum sentences have been served.
(b)
The sentencing court shall have no authority to grant a furlough to a defendant pursuant to the authority of subsection (a) for the purpose of allowing the defendant to work unless the defendant is held to and meets all of the eligibility and supervision requirements, testing standards and other criteria imposed by or pursuant to state law.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 28; 1997, ch. 514, § 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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-317 - Institutional disciplinary rules - Punishment for violations

(a)
Nothing contained in §
40-35-302
, §
40-35-306
, §
40-35-307
or §
40-35-314
shall prevent the official having responsibility for the custody and safekeeping of the defendant, as an alternative to the judicial remedy provided in those sections, from duly promulgating and enforcing reasonable disciplinary rules and procedures that provide for appropriate punishments for violations of any condition or rule of the institution in which the defendant is incarcerated, such as increasing the amount of time the defendant must serve in confinement or by changing the conditions of the defendant's confinement, or both. Any increase in the amount of time to be served shall not exceed the full sentence originally imposed by the court.
(b)
Officials having responsibility for the custody and safekeeping of defendants may promulgate and enforce reasonable disciplinary rules and procedures requiring all able-bodied inmates to participate in work programs. The rules and procedures may provide appropriate punishments for inmates who refuse to work, including, but not limited to, increasing the amount of time the defendant must serve in confinement or changing the conditions of the defendant's confinement, or both. Any increase in the amount of time a defendant must serve for refusing to participate in a work program shall not exceed the sentence originally imposed by the court.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-318 - Institutional rehabilitation programs - Eligibility

(a)
If a defendant is sentenced to confinement in a local jail or workhouse, the sheriff or other authority having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitative programs for which the defendant is eligible under rules and regulations adopted by the institution.
(b)
If a defendant is sentenced to confinement in an institution of the department of correction, the commissioner or the commissioner's designee having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitation program for which the defendant is eligible under the policies and procedures of the department.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-319 - Place of confinement if not otherwise provided for - Finality of judgment

(a)
If a defendant convicted of a felony does not receive another type of sentence authorized by this chapter or if a defendant convicted of a felony is either not granted or is ineligible for another sentence authorized by this chapter, the place of confinement shall be designated as the department of correction unless prohibited by other statutes.
(b)
Except as provided in §
40-35-212(d)
or Rule 35(b) of the Tennessee Rules of Criminal Procedure, once the judgment becomes final in the trial court, the court shall have no jurisdiction or authority to change the sentence in any manner.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-322 - Preservation of evidence in death penalty cases

(a)
For purposes of this section:
(1)
"Biological evidence" is any identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person charged with a criminal offense;
(2)
"Biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, and applies whether the material is catalogued separately or is present on other evidence collected; and
(3)
"Biological evidence" does not include perishable liquid or tissue specimens collected for toxicological analysis.
(b)
All biological evidence collected for a criminal offense or offenses in which one (1) or more of the defendants received a sentence of death based upon the same criminal acts, whether the defendants were tried separately or together, shall be preserved until all defendants receiving a death sentence based on the same conduct are executed, otherwise die, or all related charges for which the defendants were convicted are dismissed.
(c)
Biological evidence required to be preserved by this section shall be preserved as follows:
(1)
By the investigating law enforcement agency or agencies for biological evidence that was collected for the case but never introduced at a trial; and
(2)
By the clerk of the court in which any biological evidence was introduced at the defendant's trial.
(d)
If the origin of a biological sample is well documented through photographs or case files, and the sample was taken from a larger piece of evidence, only the documented biological sample is required to be preserved.
(e)
This section shall apply to:
(1)
All applicable biological evidence that is collected on or after April 27, 2016; and
(2)
All applicable biological evidence that was collected prior to April 27, 2016, and is in the custody of, and being preserved by, a court clerk or law enforcement agency or agencies.
Added by 2016 Tenn. Acts, ch. 988,s 1, eff. 4/27/2016.
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 3 - SENTENCES (§§ 40-35-NEW — 40-35-324) › Section 40-35-324 - Notification of eligibility for expunction

(a)
If practicable, a judge shall, at the time of sentencing, notify a person convicted of an offense that is eligible for expunction of:
(1)
The person's eligibility to have all public records of the conviction destroyed in the manner set forth in §
40-32-101
; and
(2)
The time period after which the person can petition for expunction of the offense.
(b)
The administrative office of the courts shall provide judges handling criminal matters with a reference document listing:
(1)
Each criminal offense eligible for expunction pursuant to §
40-32-101
; and
(2)
The time period after which each offense is eligible for expunction.
Added by 2021 Tenn. Acts, ch. 358, s 2, eff. 7/1/2021.
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 40-35-401 - Appeal of sentence by defendant - Time for filing - Grounds - Determination - Standard

(a)
The defendant in a criminal case may appeal from the length, range or the manner of service of the sentence imposed by the sentencing court. The defendant may also appeal the imposition of consecutive sentences. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. If there is an appeal of the conviction, the appeal of the sentence shall be taken at the same time. There is no appellate review of the sentence in a postconviction or habeas corpus proceeding.
(b)
An appeal from a sentence may be on one (1) or more of the following grounds:
(1)
The sentence was not imposed in accordance with this chapter;
(2)
The sentence is excessive under the sentencing considerations set out in §§
40-35-103
and
40-35-210
; or
(3)
The sentence is inconsistent with the purposes of sentencing set out in §§
40-35-102
and
40-35-103
.
(c)
If a sentence is appealed, the appellate court may:
(1)
Dismiss the appeal;
(2)
Affirm, reduce, vacate or set aside the sentence imposed;
(3)
Remand the case or direct the entry of an appropriate sentence or order; or
(4)
Direct any further proceedings appropriate or required under the circumstances.
(d)
When reviewing sentencing issues raised pursuant to subsection (a), including the granting or denial of probation and the length of sentence, 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; 2005, ch. 353, § 8.