Tennessee § 16-22-103 - Chapter definitions.

§ 16-22-103. Chapter definitions.

As used in this chapter: “Chemically dependent” means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the pre-determinate symptoms occurring at any time in the same twelve-month period; “Drug court treatment program” means any drug court treatment program created within the state that follows the general principles referenced in § 16-22-104 and that is established by the judge of a court in this state exercising criminal jurisdiction or by the judge of a juvenile court. A “drug court treatment program” shall have the same powers as the court that created it; “Nonadversarial approach” means that the district attorney general and the defense attorney work together for the benefit of the drug court treatment program participants and the program. Any disagreements are to be resolved prior to court and not in front of the participants; and “Violent offender” means a person who: Is convicted of an offense, during the course of which: The person carried, possessed or used a firearm or dangerous weapon; There occurred the death of or serious bodily injury to any person; or There occurred the use of force against the person of another; or Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; In determining whether a defendant is a “violent offender” under subdivision (4)(A)(i), it does not matter whether one (1) or more of the circumstances described in subdivision (4)(A)(i)(a ), (4)(A)(i)(b ), or (4)(A)(i)(c ) is or is not an element of the offense for which the person is convicted. Acts 2003, ch. 335, § 1; 2007, ch. 375, § 1; 2012, ch. 889, § 1. Amendments. The 2012 amendment, in the definition of “violent offender”, rewrote the introductory paragraph of (A)(i) which read: “Is charged with or convicted of an offense, during the course of which offense or conduct, without regard to whether any of the circumstances described in subdivision (4)(A)(i), (4)(A)(ii), or (4)(A)(iii) is an element of the offense or conduct of which or for which the person is charged or convicted:”, and added (B). Effective Dates. Acts 2012, ch. 889, § 2. May 9, 2012. Attorney General Opinions. Drug court treatment program participant facing sanctions, but not termination from program, for infractions—notice and hearing rights; recusal of judge. OAG 11-10, 2011 Tenn. AG LEXIS 10 (1/18/11).