Tennessee § 40-15-104 - Pretrial investigation.

§ 40-15-104. Pretrial investigation.

Upon stipulation of the parties, the trial court by order may direct any county, municipal or authorized private agency, available for this purpose, or the department of correction if no local agency is available, to conduct an investigation of the defendant's background. In counties having a metropolitan form of government and in counties having a population of over six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, the county, municipal or authorized private agency shall conduct any investigation of the defendant's background, but, this sentence shall be implemented within the existing level of funding to the department of correction. The order shall specify the purpose and scope of the procedure and the matters to be covered, and shall direct that the results of any investigation be embodied in a written report, copies of which shall be made available to the parties. In counties where there is a pretrial release program in operation, the agency responsible for the operation of that program shall be the agency to conduct the background investigation ordered by the court, and the order shall so stipulate. In counties which have a local county probation officer paid for by local funds, the county probation officer shall be the agency responsible for conducting the background investigation as ordered by the trial court. Acts 1975, ch. 352, § 3; 1979, ch. 396, §§ 1-3; T.C.A., § 40-2107; Acts 1998, ch. 1049, §§ 17, 18; 2012, ch. 727, § 11. Compiler's Notes. Acts 2011, ch. 484, § 3 provided that the act, which amended § 40-15-105(a)(1)(B) and § 40-35-313(a)(1)(B)(i) , shall not apply to the eligibility of a person for suspension of prosecution pursuant to title 40, chapter 15, part 1 if the offense for which such person is charged was committed prior to July 1, 2011. The law in effect at the time shall govern such person. Acts 2011, ch. 484, § 4 provided that the act, which amended § 40-15-105(a)(1)(B) and § 40-35-313(a)(1)(B)(i) , shall govern the eligibility of a person for suspension of prosecution pursuant to title 40, chapter 15 for any person charged with an offense that was committed on or after July 1, 2011. For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subsection (a), shall be fully accomplished on or before January 1, 2013. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 11.5, 11.6.