Tennessee Code Annotated
Tenn. Code Ann. § 40-36-102 (2026)
Chapter definitions
✓ current as of May 2026
As used in this chapter, unless the context otherwise requires:
- (1) "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;
- (2) "Board" means a local community corrections advisory board as established in this chapter;
- (3) "Commissioner" means the commissioner of correction;
- (4) "Community" includes the county or counties comprising a judicial district as provided in title 16, chapter 2, part 5;
- (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;
- (6) "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;
- (7) "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;
- (8) "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;
- (9) "Court" means the trial judge exercising sentencing jurisdiction over an eligible offender under this chapter and includes any successor of the trial judge;
- (10) "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;
- (11) "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;
- (12) "Plan" means the "community corrections plan" defined in subdivision (6);
- (13) "Recipient" includes any entity receiving, directly or indirectly, any financial aid under this chapter;
- (14) "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
- (15) "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.
Notes of Decisions
Cited in 19
cases, 1996–2015 · leading case: State v. Poole, 945 S.W.2d 93 (Tenn. 1997).
State v. Poole, 945 S.W.2d 93 (Tenn. 1997). “” Tenn.Code Ann. § 40-36-102(2) (1990 Repl.”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “The defendant asserts that the Hay House, as defined by Tenn. Code Ann. § 40-36-102 (5) is a “[c]5mmunity-based alternative[ ] to incarceration” which provides services and programs in the place of incarceration and that the alternatives include a short-term community…”
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “§ 40-36-102(11) (2003) (defining a “nonviolent felony offender,” in part, as “a person committing a felony offense .”
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “Tenn.Code Ann. §§ 40-36-102, - 108, & -210; State v.”
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “See T.C.A. § 40-36-102(5) (1990); T.CJL § 40-36-104(4) (1990); T.”
State v. Cowan, 40 S.W.3d 85 (Tenn. Crim. App. 2000). “See Tenn.Code Ann. § 40-36-106(a)(2), (3). However, aggravated sexual battery is considered a violent offense to the person, thus ineligible for community corrections consideration under the general criteria.”
State v. Anderson, 7 S.W.3d 100 (Tenn. Crim. App. 1999). “It notes that under Tenn.Code Ann. § 40-36-102(4), the “community” includes the counties that comprise a judicial district and that a goal of the act is to “[p]romote accountability of offenders to their local community by requiring .”
State of Tennessee v. Noah Keith Tipton (Tenn. Crim. App. 2015). “] Tenn. Code Ann. § 40-36-102 (11). The definition of serious bodily injury in section 39- 11-106 applies to all of title 39, including, if relevant, to the aggravated cruelty to animal statute.”
State v. David Black (Tenn. Ct. App. 2001). “” Tenn. Code Ann. § 40-36-102 (5) (emphasis added).”
State v. Melissa D. Anderson (Tenn. Crim. App. 2010). “It notes that under Tenn. Code Ann. § 40-36-102 (4), the “community” includes the counties that comprise a judicial district and that a goal of the act is to “[p]romote accountability of offenders to their local community by requiring .”
John A. Bailey v. State of Tennessee (Tenn. Crim. App. 2015). “See Tenn. Code Ann. § 40-36-102 (11), -106(a)(1); see also State v.”
State of Tennessee v. George Chisholm (Tenn. Crim. App. 2010). “See Tenn. Code Ann. §§ 40-36-102 (11), (15), -106(b).”
— Tenn. Code Ann. § 40-36-102(11) — 2 cases
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “§ 40-36-102(11) (2003) (defining a “nonviolent felony offender,” in part, as “a person committing a felony offense .”
State of Tennessee v. Noah Keith Tipton (Tenn. Crim. App. 2015). “] Tenn. Code Ann. § 40-36-102 (11). The definition of serious bodily injury in section 39- 11-106 applies to all of title 39, including, if relevant, to the aggravated cruelty to animal statute.”
— Tenn. Code Ann. § 40-36-102(12) — 1 case
State v. Cowan, 40 S.W.3d 85 (Tenn. Crim. App. 2000). “See Tenn.Code Ann. § 40-36-106(a)(2), (3). However, aggravated sexual battery is considered a violent offense to the person, thus ineligible for community corrections consideration under the general criteria.”
— Tenn. Code Ann. § 40-36-102(2) — 1 case
State v. Poole, 945 S.W.2d 93 (Tenn. 1997). “” Tenn.Code Ann. § 40-36-102(2) (1990 Repl.”
— Tenn. Code Ann. § 40-36-102(4) — 1 case
State v. Anderson, 7 S.W.3d 100 (Tenn. Crim. App. 1999). “It notes that under Tenn.Code Ann. § 40-36-102(4), the “community” includes the counties that comprise a judicial district and that a goal of the act is to “[p]romote accountability of offenders to their local community by requiring .”
— Tenn. Code Ann. § 40-36-102(5) — 3 cases
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “The defendant asserts that the Hay House, as defined by Tenn. Code Ann. § 40-36-102 (5) is a “[c]5mmunity-based alternative[ ] to incarceration” which provides services and programs in the place of incarceration and that the alternatives include a short-term community…”
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “See T.C.A. § 40-36-102(5) (1990); T.CJL § 40-36-104(4) (1990); T.”
State v. Johnson (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-36-102(a)(1)(B) — 1 case
State of Tennessee v. Donald Blevins (Tenn. Crim. App. 2008).
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