Tennessee Code Annotated
Tenn. Code Ann. § 40-36-302 (2026)
Community-based options and services
✓ current as of May 2026
- (a) Community corrections funds can be used to develop or expand the range of community punishments and services at the local level. Community-based program options may include, but are not limited to, the following:
- (1) Noncustodial community corrections options that involve close supervision but that do not involve housing of the offender in a jail, workhouse or community facility. Examples include, but are not limited to:
- (A) Community service supervision;
- (B) Victim restitution supervision and victim-offender mediation;
- (C) Alcohol or drug outpatient treatment;
- (D) House arrest; and
- (E) Psychiatric counseling;
- (2)
- (A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to:
- (i) Emergency shelters;
- (ii) Detoxification centers;
- (iii) Community residential restitution centers for nonviolent offenders and probation and parole violators;
- (iv) Community residential treatment centers for special needs offenders and probation and parole violators; and
- (v) Inpatient drug or alcohol treatment;
- (B) The residential options are not intended to create overcrowding in the local jail, but rather to develop additional small community-based facilities whose focus is on treatment rather than detention;
- (A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to:
- (3) Enrolling community corrections participants in residential in-house drug and alcohol treatment for detoxification and counseling. Enrollments shall be based upon an objective assessment that a participant is alcohol or drug dependent and requires detoxification. Awards for detoxification services shall only be made for inpatient services; and
- (4) Individualized services that evaluate and treat the special needs of the population served under this chapter. Services to the court to assist in the evaluation and screening of eligible candidates may include the purchase of psychological, medical, educational or vocational, drug or alcohol urine screening and client specific plan diagnostic evaluations. Other services that may be purchased on an individualized basis may include job training, alcohol or drug counseling, individual or family counseling, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, or transportation subsidies. These services are intended to fill gaps in the local community correctional system and to enable the nonviolent offender to be treated near the offender's home.
- (1) Noncustodial community corrections options that involve close supervision but that do not involve housing of the offender in a jail, workhouse or community facility. Examples include, but are not limited to:
- (b) The options set out in subsection (a) may be used in conjunction with a period of shock incarceration or in conjunction with a term of probation and/or a term of split confinement or periodic confinement as provided in chapter 35 of this title.
- (c) Community corrections funds may also be used to acquire, renovate and operate community facilities established to provide the options and services set forth in subsection (a).
- (d) Counties may provide or contract with qualified proprietary, nonprofit or governmental entities for the provision of services under this chapter.
- (e) Any options or services established under this chapter shall serve offenders from the entire judicial district in which the county is located.
- (f) Any community-based program set out in subsection (a) that provides housing for alternatively sentenced criminal offenders shall notify the chief law enforcement officer of the county and the chief law enforcement officer of the municipality in which the housing facilities exist of the identity, criminal record and location of the alternatively sentenced criminal offenders proposed to be located at the facilities. The notices shall be in compliance with the confidentiality provisions of title 33 and shall also meet the privacy requirements of the federal Health Insurance Portability and Accountability Act of 1996, (42 U.S.C. § 1320d et seq.)
Amended by 2023 Tenn. Acts, ch. 114,s 9, eff. 7/1/2023.
Acts 1985 (1st Ex. Sess.), ch. 3, § 10; 1986, ch. 731, § 3; 2003 , ch. 287, § 1.
Notes of Decisions
Cited in 13
cases, 1996–2019 · leading case: State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999).
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “§ 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 residential option and individualized treatment services as provided by Tenn. Code…”
Carpenter v. State, 136 S.W.3d 608 (Tenn. 2004). “The trial court ordered Carpenter to serve his sentence in a community corrections program as authorized by Tennessee Code Annotated section 40-36-302, which, in this case, was the Davidson County Drug Court.”
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “” T.C.A. § 40-36-302(a)(l) (1990). From our review of the plain language of the statutory provisions at issue, we conclude that Community Corrections does not qualify as a “penal institution” for the purposes of the escape statute.”
State v. Anderson, 7 S.W.3d 100 (Tenn. Crim. App. 1999). “17, 1998); Tenn.Code Ann. § 40-36-302(a)(2). As a starting point, we heed our supreme court’s statement that an appellate court “cannot affirm a sentence that is not expressly authorized by the Legislature.”
State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2018). “Code section 40-36-302(b) provides that a community corrections placement “may be used in conjunction with a period of shock incarceration or in conjunction with a term of probation and/or a term of split confinement or periodic confinement as provided in chapter 35 of this…”
State v. Johnson (Tenn. Crim. App. 1997). “§ 40-36-102(5) as “services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses” and those alternatives provided in T.C.A. § 40-36-302. Pursuant to T.C.A. § 40-36-302(a), the…”
State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2019). “tion pursuant to Tennessee Code Annotated section 40-35-104(c)(8); (2) place Defendant on community corrections for eighteen years pursuant to Tennessee Code Annotated section 40-35- 104(c)(9); or (3) sentence Defendant to serve up to one year of his sentence in continuous…”
State of Tennessee v. Adrian Patterson (Tenn. Crim. App. 2002). “” Tenn. Code Ann. § 40-36-302 (b); see also State v.”
State of Tennessee v. Upton Dabney, Jr. (Tenn. Crim. App. 2013). “See T.C.A. § 40-36-302(b) (2010); State v. Jimmy D.”
State of Tennessee v. Robert J. Williams (Tenn. Crim. App. 2003). “16, 1997); see also Tenn. Code Ann. § 40-36-302 (b). Thus, for the Class B felony, the defendant received an eight-year community corrections sentence consisting of one year in confinement and seven years in a community corrections program.”
State v. Matthew Scott Albertson (Tenn. Crim. App. 1997). “Tenn. Code Ann. § 40-36-106 (f) (Supp. 1996).”
State v. Melissa D. Anderson (Tenn. Crim. App. 2010). “§ 40-36-302 (a)(2). As a starting point, we heed our supreme court’s statement that an appellate court “cannot affirm a sentence that is not expressly authorized by the Legislature.”
Tenn. Code Ann. § 40-36-302(a): 1 case
State v. Johnson (Tenn. Crim. App. 1997). “§ 40-36-102(5) as “services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses” and those alternatives provided in T.C.A. § 40-36-302. Pursuant to T.C.A. § 40-36-302(a), the…”
Tenn. Code Ann. § 40-36-302(a)(1): 1 case
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “§ 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 residential option and individualized treatment services as provided by Tenn. Code…”
Tenn. Code Ann. § 40-36-302(a)(2): 2 cases
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “§ 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 residential option and individualized treatment services as provided by Tenn. Code…”
State v. Anderson, 7 S.W.3d 100 (Tenn. Crim. App. 1999). “17, 1998); Tenn.Code Ann. § 40-36-302(a)(2). As a starting point, we heed our supreme court’s statement that an appellate court “cannot affirm a sentence that is not expressly authorized by the Legislature.”
Tenn. Code Ann. § 40-36-302(a)(l): 1 case
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “” T.C.A. § 40-36-302(a)(l) (1990). From our review of the plain language of the statutory provisions at issue, we conclude that Community Corrections does not qualify as a “penal institution” for the purposes of the escape statute.”
Tenn. Code Ann. § 40-36-302(b): 5 cases
State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2018). “Code section 40-36-302(b) provides that a community corrections placement “may be used in conjunction with a period of shock incarceration or in conjunction with a term of probation and/or a term of split confinement or periodic confinement as provided in chapter 35 of this…”
State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2019). “tion pursuant to Tennessee Code Annotated section 40-35-104(c)(8); (2) place Defendant on community corrections for eighteen years pursuant to Tennessee Code Annotated section 40-35- 104(c)(9); or (3) sentence Defendant to serve up to one year of his sentence in continuous…”
State of Tennessee v. Upton Dabney, Jr. (Tenn. Crim. App. 2013). “See T.C.A. § 40-36-302(b) (2010); State v. Jimmy D.”
State v. Johnson (Tenn. Crim. App. 1997). “§ 40-36-102(5) as “services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses” and those alternatives provided in T.C.A. § 40-36-302. Pursuant to T.C.A. § 40-36-302(a), the…”
State of Tennessee v. Adrian Patterson (Tenn. Crim. App. 2002). “” Tenn. Code Ann. § 40-36-302 (b); see also State v.”
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