Tennessee § 40-35-206 - [Reserved.]

§ 40-35-206. [Reserved.]

The presentence report shall set forth: The characteristics and circumstances of the offense committed by the defendant; The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits; Information relating to enhancement or mitigating factors asserted by the parties and its source; 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; 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; 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; 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; Any statement relating to sentencing submitted by the victim of the offense or the investigative agency; 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; The results of the validated risk and needs assessment; and Any other matters the court directs to be included. The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law. 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. 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. Acts 1989, ch. 591, § 6; 2010, ch. 861, § 4; 2016, ch. 906, §§ 7, 8. Sentencing Commission Comments. This section specifies the matters which are to be contained in the presentence report. If the judge is to make an informed sentencing determination, it is necessary to have as much data about the defendant and the circumstances of the offense as possible. This section also contains a minor change from prior law. Prior law allowed a presentence officer to recommend whether or not a defendant should be incarcerated. Subsection (b) provides that a presentence report shall not include a recommendation for confinement or nonconfinement. The commission believes that sentencing reports should not be adversarial in nature but should be informative. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2010, ch. 861, § 5 provided that the act, which amended subdivision (a)(4), shall apply to all defendants committing offenses on or after July 1, 2010. Acts 2016, ch. 906, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Public Safety Act of 2016.” Cross-References. Alternative sentencing, title 40, ch. 36. Enhancement factors, § 40-35-114 . Mitigating factors, § 40-35-113 . Penalties for Class A and B felonies, § 40-35-111 . Prisoners who may apply for release, procedure, § 41-2-128 . Probation eligibility, § 40-35-303 . Victim impact statement, § 40-38-103 , title 40, ch. 38, part 2. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.96. Law Reviews. Extralegal Punishment Factors: A Study of Forgiveness, Hardship, Good Deeds, Apology, Remorse, and Other Such Discretionary Factors in Assessing Criminal Punishment (Paul H. Robinson, Sean E. Jackowitz, and Daniel M. Bartels), 65 Vand. L. Rev. 737 (2012). Judicial Nullification of Juries: Use of Acquitted Conduct at Sentencing (Eang Ngov), 76 Tenn. L. Rev. 235 (2009). The Unfairness of the Fair Sentencing Act of 2010 (Tyler B. Parks) , 42 U. Mem. L. Rev. 1105 (2012).