Tennessee § 40-36-102 - Chapter definitions.

§ 40-36-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Application process and procedures” means the criteria and guidelines developed by the department of correction for the establishment of community corrections plans, the granting of funds for programs authorized by this chapter and the monitoring, evaluation and review of programs funded under this chapter; “Board” means a local community corrections advisory board as established in this chapter; “Commissioner” means the commissioner of correction; “Community” includes the county or counties comprising a judicial district as provided in title 16, chapter 2, part 5; “Community-based alternatives to incarceration” means services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses. The alternatives include noncustodial community corrections options, short-term community residential treatment options and individualized evaluation and treatment services as provided in § 40-36-302; “Community corrections plan” means a document prepared by a local community corrections advisory board, endorsed by the county legislative body and submitted to the department of correction in accordance with the requirements set forth in the application process and procedures, which identifies proposed community based programs to be implemented within the county in accordance with the terms of this chapter and justifies the funding of the programs with regard to local need and community support; “County legislative body” includes the governing legislative body of any county organized under Article XI, § 9 of the Tennessee Constitution and any county commission authorized by private act; “County mayor” includes the chief executive officer of any county organized under Article XI, § 9 of the Tennessee Constitution and any county mayor authorized by private act; “Court” means the trial judge exercising sentencing jurisdiction over an eligible offender under this chapter and includes any successor of the trial judge; “Nonprofit human service agency” means a not-for-profit organization that provides treatment, guidance, training or other rehabilitation services to individuals, families or groups in such areas as health, education, vocational training, special education, social services, psychological counseling and alcohol and drug treatment; “Nonviolent felony offender”/“nonviolent felony offense” means a person committing a felony offense, or a felony offense, that does not involve serious bodily injury, as that term is defined in § 39-11-106, or death to a victim or bystander, does not involve threats reasonably calculated to produce such results and does not involve sexual contact or sexual penetration as those terms are defined in § 39-13-501; “Plan” means the “community corrections plan” defined in subdivision (6); “Recipient” includes any entity receiving, directly or indirectly, any financial aid under this chapter; “Renovation” means the repair, remodeling, alteration or expansion of existing buildings or structures to make them habitable or suitable for program operations and includes the acquisition and installation of necessary initial equipment; and “Violent felony offender”/“violent felony offense” means a person committing a felony offense, or a felony offense, that does involve the criteria mentioned in subdivision (11). Acts 1985 (1st Ex. Sess.), ch. 3, § 5; 1998, ch. 1049, §§ 44-47; 2003, ch. 90, § 2; 2012, ch. 727, § 46. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. For the Preamble to the act concerning the transfer 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 the definitions of “application process and procedures” and “community corrections plan”, shall be fully accomplished on or before January 1, 2013.