Tennessee Code Annotated
Tenn. Code Ann. § 40-36-104 (2026)
Goals of this chapter - Use of funding - Appropriation of funding
✓ current as of May 2026
- (a) This chapter is intended to accomplish the following goals:
- (1) Maintain safe and cost efficient community correctional programs that also involve close supervision of offenders;
- (2) Promote accountability of offenders to their local community by requiring direct financial restitution to victims of crimes and community service restitution to local governments and community agencies;
- (3) [Deleted by 2021 amendment.]
- (4) Reduce the number of nonviolent felony offenders committed by participating counties to correctional institutions and jails by punishing these offenders in noncustodial options as provided in this chapter;
- (5) Provide opportunities for offenders demonstrating special needs to receive services that enhance their ability to provide for their families and become contributing members of their community;
- (6) Encourage the involvement of local officials and leading citizens in their local correctional system; and
- (7) Promote the development of community corrections programs which are tailored to the specific needs of each participating county, and which are creative and innovative, within this state.
- (b) Funds awarded under this chapter, including funds paid pursuant to contracts entered in accordance with this chapter, must not be used to supplant existing state or local government funds and must not be used for:
- (1) Construction, renovation, or operation of local correctional facilities; provided, however, that this subdivision (b)(1) does not prohibit the use of such funds to expand jail-based programs for offenders sentenced to split confinement in conjunction with a sentence of probation under chapter 35 of this title;
- (2) Construction, renovation, or operation of state facilities; or
- (3) Salaries of state probation and parole officers.
- (c) Administrative costs connected with the expenditure of funds awarded under this chapter shall not exceed a percentage amount established by the department of correction.
- (d) Funding under this chapter shall be appropriated on an annual basis and any unspent moneys shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter.
Amended by 2021 Tenn. Acts, ch. 409, s 14, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 13, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 4.
Notes of Decisions
Cited in 35
cases, 1987–2020 · leading case: State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987).
State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987). “§ 40-36-104(4). Furthermore, the defendant has demonstrated special need, namely, the treatment of his mental illness.”
State of Tennessee v. Mark Anthony McNack, 356 S.W.3d 906 (Tenn. 2011). “2d at 126 (quoting Tenn.Code Ann. § 40-36-104). A further objective was to alleviate the overcrowded conditions in the state prison system.”
State v. Sutton, 166 S.W.3d 686 (Tenn. 2005). “See Tenn.Code Ann. § 40-36-104(4) (2003). Sentences which are solely performed in a community corrections program do not involve a period of confinement' and thus do not affect the overcrowded conditions in the state prison system.”
State v. Harkins, 811 S.W.2d 79 (Tenn. 1991). “T.C.A. § 40-36-104. The Court of Criminal Appeals relied upon T.”
United States v. Wright, 607 F.3d 708 (11th Cir. 2010). “1992) (quoting Tenn.Code Ann. § 40-36-104). [5] In Illinois, conditional discharge is a discretionary alternative to imprisonment.”
State v. Byrd, 861 S.W.2d 377 (Tenn. Crim. App. 1993). “” Tenn.Code Ann. § 40-36-104(4) (1990 Repl.”
State v. Grigsby, 957 S.W.2d 541 (Tenn. Crim. App. 1997). “See Tenn.Code Ann. § 40-36-104(5); Taylor 744 S.”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “40-36-102(5) (1990); T.C.A. § 40-36-104(4) (1990); T.C.A. § 40-36-106(e)(1) (1990).”
State v. Johnson, 968 S.W.2d 883 (Tenn. Crim. App. 1997). “Tenn.Code Ann. § 40-36-104(2) (1990). The purpose of restitution is not only to compensate the victim but also to punish and rehabilitate the guilty.”
State v. Cummings, 868 S.W.2d 661 (Tenn. Crim. App. 1992). “” T.C.A. § 40-36-104. The Community Corrections Act has been misunderstood by many.”
State v. Millsaps, 920 S.W.2d 267 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 40-36-104 (2) (1990). (2) Embezzlement over $200.”
State v. Meeks, 779 S.W.2d 394 (Tenn. Crim. App. 1988). “” T.C.A. § 40-36-104(4) (Supp.1988) [Emphasis added].”
Tenn. Code Ann. § 40-36-104(1): 4 cases
State of Tennessee v. Mark Anthony McNack, 356 S.W.3d 906 (Tenn. 2011). “2d at 126 (quoting Tenn.Code Ann. § 40-36-104). A further objective was to alleviate the overcrowded conditions in the state prison system.”
State v. Haycraft (Tenn. Crim. App. 1998).
State v. Boston (Tenn. Crim. App. 1997).
State v. Haynes (Tenn. Crim. App. 1997).
Tenn. Code Ann. § 40-36-104(2): 2 cases
State v. Johnson, 968 S.W.2d 883 (Tenn. Crim. App. 1997). “Tenn.Code Ann. § 40-36-104(2) (1990). The purpose of restitution is not only to compensate the victim but also to punish and rehabilitate the guilty.”
State v. Anderson, 7 S.W.3d 100 (Tenn. Crim. App. 1999).
Tenn. Code Ann. § 40-36-104(4): 7 cases
State v. Sutton, 166 S.W.3d 686 (Tenn. 2005). “See Tenn.Code Ann. § 40-36-104(4) (2003). Sentences which are solely performed in a community corrections program do not involve a period of confinement' and thus do not affect the overcrowded conditions in the state prison system.”
State v. Byrd, 861 S.W.2d 377 (Tenn. Crim. App. 1993). “” Tenn.Code Ann. § 40-36-104(4) (1990 Repl.”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “40-36-102(5) (1990); T.C.A. § 40-36-104(4) (1990); T.C.A. § 40-36-106(e)(1) (1990).”
State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987). “§ 40-36-104(4). Furthermore, the defendant has demonstrated special need, namely, the treatment of his mental illness.”
State v. Meeks, 779 S.W.2d 394 (Tenn. Crim. App. 1988). “” T.C.A. § 40-36-104(4) (Supp.1988) [Emphasis added].”
Tenn. Code Ann. § 40-36-104(5): 4 cases
State v. Taylor, 744 S.W.2d 919 (Tenn. Crim. App. 1987). “§ 40-36-104(4). Furthermore, the defendant has demonstrated special need, namely, the treatment of his mental illness.”
State v. Grigsby, 957 S.W.2d 541 (Tenn. Crim. App. 1997). “See Tenn.Code Ann. § 40-36-104(5); Taylor 744 S.”
State of Tennessee v. Mark Anthony McNack, 356 S.W.3d 906 (Tenn. 2011). “2d at 126 (quoting Tenn.Code Ann. § 40-36-104). A further objective was to alleviate the overcrowded conditions in the state prison system.”
State v. Huff, 760 S.W.2d 633 (Tenn. Crim. App. 1988).
Tenn. Code Ann. § 40-36-104(e): 1 case
State of Tennessee v. Kelly Ruth Osteen (Tenn. Crim. App. 2013).
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