Tennessee Code Annotated
Tenn. Code Ann. § 40-35-207 (2026)
Presentence report - Contents - Validated risk and needs assessment defined
✓ current as of May 2026
- (a) The presentence report shall set forth:
- (1) The characteristics and circumstances of the offense committed by the defendant;
- (2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits;
- (3) Information relating to enhancement or mitigating factors asserted by the parties and its source;
- (4) 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;
- (5) 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;
- (6) 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;
- (7) 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;
- (8) Any statement relating to sentencing submitted by the victim of the offense or the investigative agency;
- (9) 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;
- (10) The results of the validated risk and needs assessment; and
- (11) Any other matters the court directs to be included.
- (b) The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law.
- (c) 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.
- (d) 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.
Amended by 2016 Tenn. Acts, ch. 906, Secs.s 7, s 8 eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 2010 , ch. 861, § 4.
Notes of Decisions
Cited in 44
cases (9 in the last 5 years), 1984–2025 · leading case: State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996).
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “Tenn. Code Ann. § 40-35-301 ; State v. Mahoney, 874 S.”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Though the defendant's ability to pay the fine is a factor in the establishment of the fine, see Tennessee Code Annotated section 40-35-207(a)(7) (1997), it is not a controlling factor.”
State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991). “See T.C.A. § 40-35-207. The evidence submitted at the hearing was basically uncontroverted.”
Thomas v. Haslam, 303 F. Supp. 3d 585 (M.D. Tenn. 2018). “imposes a fine upon an individual, the court may direct as follows: (1) That the defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or…”
Lodowski v. State, 490 A.2d 1228 (Md. 1986). “1985); Tenn. Code Ann. § 40-35-207 (8) (1982); Vt.”
Thomas v. Haslam, 329 F. Supp. 3d 475 (M.D. Tenn. 2018). “imposes a fine upon an individual, the court may direct as follows: (1) That the defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or…”
State v. Flynn, 675 S.W.2d 494 (Tenn. Crim. App. 1984). “As to the latter point, the state maintains that it is relevant to the defendant’s “social situation and background,” a factor included in the sentencing criteria of T.C.A. § 40-35-207(a)(2). In contrast, the defendant characterizes the unidentified policeman’s statement about…”
State v. Morris, 750 S.W.2d 746 (Tenn. Crim. App. 1987). “These matters are all required by § 40-35-207, Tenn.Code Ann., to be included in the pre-sentence report for the trial judge’s consideration, and the judge may admit evidence he deems reliable, even though it may be hearsay.”
State v. Pugh, 713 S.W.2d 682 (Tenn. Crim. App. 1986). “TCA § 40-35-207(a)(3) and (5). The presentence report shall be filed with the court clerk and complete copies will be made available to the parties for at least five days prior to the hearing.”
State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018). “As part of the Public Safety Act of 2016, section 40-35-207 was amended to require the results of a “validated risk and needs assessment” be included in the presentence report.”
State of Tennessee v. Ronald Ailey (Tenn. Crim. App. 2019). “See Tenn. Code Ann. § 40-35-207 (a)(10). A “validated risk and needs assessment” is “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 designed by the department that…”
State of Tennessee v. Anthony Jared Ross (Tenn. Crim. App. 2024). “” Tenn. Code Ann. § 40-35-207 (d); see also State v.”
— Tenn. Code Ann. § 40-35-207(8) — 1 case
Lodowski v. State, 490 A.2d 1228 (Md. 1986). “1985); Tenn. Code Ann. § 40-35-207 (8) (1982); Vt.”
— Tenn. Code Ann. § 40-35-207(a) — 1 case
State of Tennessee v. Danny Ray Hensley (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-207(a)(10) — 2 cases
State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018). “As part of the Public Safety Act of 2016, section 40-35-207 was amended to require the results of a “validated risk and needs assessment” be included in the presentence report.”
State of Tennessee v. Roger Trino Spencer, Jr. (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 40-35-207(a)(2) — 1 case
State v. Flynn, 675 S.W.2d 494 (Tenn. Crim. App. 1984). “As to the latter point, the state maintains that it is relevant to the defendant’s “social situation and background,” a factor included in the sentencing criteria of T.C.A. § 40-35-207(a)(2). In contrast, the defendant characterizes the unidentified policeman’s statement about…”
— Tenn. Code Ann. § 40-35-207(a)(3) — 1 case
State v. Pugh, 713 S.W.2d 682 (Tenn. Crim. App. 1986). “TCA § 40-35-207(a)(3) and (5). The presentence report shall be filed with the court clerk and complete copies will be made available to the parties for at least five days prior to the hearing.”
— Tenn. Code Ann. § 40-35-207(a)(4) — 4 cases
State of Tennessee v. Michael Lee Priest (Tenn. Crim. App. 2016).
State of Tennessee v. Carlos Radale Cornwell (Tenn. Crim. App. 2012).
State of Tennessee v. Walter H. Webb (Tenn. Crim. App. 2015).
Artis Reese v. State of Tennessee (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-207(a)(5) — 1 case
State of Tennessee v. Cleo D. Gadson (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-207(a)(7) — 4 cases
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Though the defendant's ability to pay the fine is a factor in the establishment of the fine, see Tennessee Code Annotated section 40-35-207(a)(7) (1997), it is not a controlling factor.”
State of Tennessee v. Eric D. Crenshaw (Tenn. Crim. App. 2016).
State of Tennessee v. Robert Jason Allison (Tenn. Crim. App. 2019).
State of Tennessee v. Roger Trino Spencer, Jr. (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 40-35-207(a)(8) — 3 cases
State of Tennessee v. Cleo D. Gadson (Tenn. Crim. App. 2013).
State of Tennessee v. Glyn Dale (Tenn. Crim. App. 2012).
State of Tennessee v. Floyd Earl Rayner, III (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-35-207(a)(l) — 1 case
State v. Pugh, 713 S.W.2d 682 (Tenn. Crim. App. 1986). “TCA § 40-35-207(a)(3) and (5). The presentence report shall be filed with the court clerk and complete copies will be made available to the parties for at least five days prior to the hearing.”
— Tenn. Code Ann. § 40-35-207(d) — 2 cases
State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018). “As part of the Public Safety Act of 2016, section 40-35-207 was amended to require the results of a “validated risk and needs assessment” be included in the presentence report.”
State of Tennessee v. Destiny Diamond Baxter & Anthony Wayne Sheffield (Tenn. Crim. App. 2025).
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