Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to the defendant's behavior while in local custody as may be requested by the department. Notwithstanding any other provision of the law to the contrary, no such person sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed report required by this section.
Code 1858, § 5263 (deriv. Acts 1829, ch. 38, § 1); Shan., § 7238; Code 1932, §11844; T.C.A. (orig. ed.), §40-3116; Acts 1985 (1st Ex. Sess.), ch. 5, § 28.
Notes of Decisions
Jeffery Yates v. State of Tennessee, 371 S.W.3d 152 (Tenn. Crim. App. 2012).
· cites it 4× “” T.C.A. § 40-23-113. Our supreme court has said that the information contained in such a report “would presumably be used by the TDOC to calculate ‘good time credits.”
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009).
· cites it 2× “, Tenn.Code Ann. § 40-23-113 (2006) (imposing a duty on the sheriff, for prisoners sentenced to the TDOC, to prepare and transmit a report to the TDOC of the prisoner's behavior while in local custody).”
State of Tennessee v. Jackie Phillip Lester (Tenn. Crim. App. 2017).
· cites it 2× “” T.C.A. § 40-23-113. Defendant acknowledges that “[t]he proper avenue to address post-judgment jail credit for prisoners is through the TDOC administratively,” yet he insists that his due process rights have been violated because the good behavior credits he received have…”
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