Tennessee Code > Title 40 > Chapter 28 – Probation, Paroles and Pardons


Part 1	General Provisions	40-28-101 – 40-28-129
Part 2	Contributions by Parolees, Probationers and Employed Releasees	40-28-201 – 40-28-205
Part 3	Community Supervision	40-28-301 – 40-28-306
Part 4	Supervision of Adult Offenders	40-28-401 – 40-28-403
Part 5	Open Parole Hearings Act	40-28-501 – 40-28-505
Part 6	Probation and Parole	40-28-601 – 40-28-121

Terms Used In Tennessee Code > Title 40 > Chapter 28 - Probation, Paroles and Pardons

Abandoned aircraft: means :
1. An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport. See Tennessee Code 66-29-301
2. Abandoned cultural property: means cultural property meeting the following three (3) conditions:
  1. The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years. See Tennessee Code 66-29-202
  2. Acquisition agent: means a person who by means of telephone, mail, advertisement, inducement, solicitation or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program. See Tennessee Code 66-32-102
  3. Action: means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. See Tennessee Code 66-36-101
  4. advertisement: means any written, printed, verbal or visual offer by an individual or general solicitation. See Tennessee Code 66-32-102
  5. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  6. Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  7. Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
  8. Airport authority: means an authority created pursuant to title 42, chapter 3, 4, or 5. See Tennessee Code 66-29-301
  9. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  10. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  11. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  12. apartment: includes the private element. See Tennessee Code 66-27-102
  13. Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Tennessee Code 66-29-102
  14. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  15. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  16. Appraisal: A determination of property value.
  17. Arrest: Taking physical custody of a person by lawful authority.
  18. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  19. Association: means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law. See Tennessee Code 66-37-102
  20. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  21. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
  22. Blanket encumbrance: means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected. See Tennessee Code 66-32-302
  23. Board: means the board of parole. See Tennessee Code 40-28-102
  24. Board: means the board of parole. See Tennessee Code 40-28-102
  25. Business association: means a for-profit or nonprofit corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 (15 U. See Tennessee Code 66-29-102
  26. Campground: means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts. See Tennessee Code 66-32-302
  27. Central procurement office: means the government agency established in §. See Tennessee Code 12-3-201
  28. Chief procurement officer: means the person holding the position established in §. See Tennessee Code 12-3-201
  29. Chief supervision officer: means the correctional administrator for each region of the state or any other person designated by the commissioner. See Tennessee Code 40-28-301
  30. Claimant: means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect. See Tennessee Code 66-36-101
  31. Co-owner: means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, which owns an apartment or apartments within the building. See Tennessee Code 66-27-102
  32. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  33. Commercial property: means all property that is not residential property. See Tennessee Code 66-36-101
  34. Commission: means Tennessee real estate commission, which is an agency created under §. See Tennessee Code 66-32-102
  35. Commission: means Tennessee real estate commission, which is an agency created under §. See Tennessee Code 66-32-102
  36. Commissioner: means the commissioner of correction. See Tennessee Code 40-28-102
  37. Commissioner: means the commissioner of correction. See Tennessee Code 40-28-102
  38. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  39. Community supervision: means :
    1. The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part. See Tennessee Code 40-28-301
    2. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    3. Component site: means a specific geographic site at which certain time-share accommodations and facilities are located. See Tennessee Code 66-32-102
    4. Component site: means a specific geographic site at which certain time-share accommodations and facilities are located. See Tennessee Code 66-32-102
    5. Condominium: means the ownership of single units in a multiple unit structure or structures with common elements. See Tennessee Code 66-27-102
    6. Condominium project: means a real estate condominium project. See Tennessee Code 66-27-102
    7. Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from:
      1. Defective material, products, or components used in the construction or remodeling. See Tennessee Code 66-36-101
      2. Continuance: Putting off of a hearing ot trial until a later time.
      3. Contract: A legal written agreement that becomes binding when signed.
      4. Conviction: A judgement of guilt against a criminal defendant.
      5. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      6. Council of co-owners: means all the co-owners as defined in subdivision (a)(4). See Tennessee Code 66-27-102
      7. Counterclaim: A claim that a defendant makes against a plaintiff.
      8. Court: means a court of record having original criminal jurisdiction. See Tennessee Code 40-28-301
      9. Cultural property: means any work of art, regardless of the medium. See Tennessee Code 66-29-202
      10. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      11. Deed: The legal instrument used to transfer title in real property from one person to another.
      12. Default: means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement. See Tennessee Code 66-31-102
      13. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      14. Department: means the department of correction. See Tennessee Code 40-28-102
      15. Department: means the department of correction. See Tennessee Code 40-28-102
      16. Dependent: A person dependent for support upon another.
      17. Design professional: means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor. See Tennessee Code 66-36-101
      18. Developer: means a person who undertakes to develop a real estate condominium project. See Tennessee Code 66-27-102
      19. Developer: means , in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. See Tennessee Code 66-32-102
      20. Developer: means , in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. See Tennessee Code 66-32-102
      21. Devise: To gift property by will.
      22. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      23. Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
      24. Division: means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles. See Tennessee Code 66-31-102
      25. Docket: A log containing brief entries of court proceedings.
      26. Domicile: means :
        
        For a corporation, the state of its incorporation. See Tennessee Code 66-29-102
        Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 66-29-102
        Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
        Electronic mail: means any communication of information by electronic means that is automatically retained and stored and may be readily accessed or retrieved. See Tennessee Code 66-29-102
        Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
        Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
        Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
        Escrow: Money given to a third party to be held for payment until certain conditions are met.
        Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
        Ex officio: Literally, by virtue of one's office.
        Exchange agent: means a person who exchanges or offers to exchange time-share intervals in an exchange program with other time-share intervals. See Tennessee Code 66-32-102
        Executive director: means the officer employed by the board as the chief administrative officer of the agency. See Tennessee Code 40-28-102
        Executive director: means the officer employed by the board as the chief administrative officer of the agency. See Tennessee Code 40-28-102
        Facilities: means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores. See Tennessee Code 66-32-302
        Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
        Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
        Fiduciary: A trustee, executor, or administrator.
        Financial organization: means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. See Tennessee Code 66-29-102
        Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
        Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
        Fraud: Intentional deception resulting in injury to another.
        Game-related digital content: means digital content that exists only in an electronic game or electronic-game platform. See Tennessee Code 66-29-102
        General common elements: means and includes:
        
        The land, whether leased or in fee simple, on which the building stands. See Tennessee Code 66-27-102
        Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
        Graduated sanction: means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools. See Tennessee Code 40-28-301
        Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
        Grantor: The person who establishes a trust and places property into it.
        Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        Holder: includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract. See Tennessee Code 66-32-302
        Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part. See Tennessee Code 66-29-102
        Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
        Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
        Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
        Insurance company: means an insurer, not-for-profit hospital and medical corporation regulated under title 56, chapter 29, health maintenance organization, fraternal benefit society, or any person or entity required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 in order to issue or enter into contracts of insurance in this state. See Tennessee Code 66-29-102
        Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
        Inter vivos: Transfer of property from one living person to another living person.
        Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
        Intestate: Dying without leaving a will.
        Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
        Last known address: means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant. See Tennessee Code 66-31-102
        Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
        Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
        Leased space: means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement. See Tennessee Code 66-31-102
        Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
        Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
        Lien: A claim against real or personal property in satisfaction of a debt.
        Limited common elements: means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like. See Tennessee Code 66-27-102
        Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
        Local government: means any metropolitan government, municipality, or county located in this state. See Tennessee Code 66-29-102
        local governmental unit: means any political subdivision of the state, including, but not limited to, counties or incorporated municipalities, if such political subdivision provides local government services for residents in a geographically limited area of the state as its primary purpose and has the power to act primarily on behalf of that area. See Tennessee Code 66-35-101
        Loyalty card: means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. See Tennessee Code 66-29-102
        Majority of co-owners: means more than fifty percent (50%) of the co-owners. See Tennessee Code 66-27-102
        Managing agent: means a person who undertakes the duties, responsibilities, and obligations of the management of a time-sharing program. See Tennessee Code 66-32-102
        master lease: means the deed or lease recording the property of the horizontal property regime. See Tennessee Code 66-27-102
        Membership camping contract: means an agreement offered or sold within this state evidencing a purchaser's title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use. See Tennessee Code 66-32-302
        Membership camping operator: means any enterprise, other than one that is tax exempt under §. See Tennessee Code 66-32-302
        Military medal: means any decoration or award that may be presented or awarded to a member of the armed forces of the United States or national guard. See Tennessee Code 66-29-102
        Mineral: means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by any other law of this state. See Tennessee Code 66-29-102
        Mineral proceeds: includes an amount payable:
        
        For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental. See Tennessee Code 66-29-102
        Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
        Money order: means a payment order for a specified amount of money and includes, but is not limited to, an express money order and a personal money order on which the remitter is the purchaser. See Tennessee Code 66-29-102
        Month: means a calendar month. See Tennessee Code 1-3-105
        Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
        Mortgagee: The person to whom property is mortgaged and who has loaned the money.
        Municipal bond: means a bond of evidence of indebtedness issued by a municipality or other political subdivision of a state. See Tennessee Code 66-29-102
        Museum: means those museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations. See Tennessee Code 66-29-202
        Net card value: means the original purchase price or original issued value of a stored-value card, plus amounts added to its original value and minus amounts used and any service charge, fee, or dormancy charge permitted by law. See Tennessee Code 66-29-102
        Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
        Non-freely transferable security: includes a worthless security. See Tennessee Code 66-29-102
        Nondisturbance agreement: means an instrument by which the holder of a blanket encumbrance agrees that:
        
        Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument. See Tennessee Code 66-32-302
        Notice of claim: means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect. See Tennessee Code 66-36-101
        Notification: as used in this part , may include telephone, facsimile and internet communications. See Tennessee Code 40-28-102
        Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
        Obligee: means any person or entity to whom a residential ground rent is owed, including its successors and assigns. See Tennessee Code 66-30-102
        Obligor: means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns. See Tennessee Code 66-30-102
        Occupant: means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others. See Tennessee Code 66-31-102
        Offer: means any solicitation reasonably designed to result in the entering into of a membership camping contract. See Tennessee Code 66-32-302
        Offering: means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. See Tennessee Code 66-32-102
        Offering: means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. See Tennessee Code 66-32-102
        Oversight: Committee review of the activities of a Federal agency or program.
        Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. See Tennessee Code 66-31-102
        Owner: includes :
        
        A depositor, for a deposit. See Tennessee Code 66-29-102
        Parole: means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 40-28-102
        Parole: means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 40-28-102
        Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
        Payroll card: means a record that evidences a payroll card account, as that term is defined in 12 C. See Tennessee Code 66-29-102
        Person: means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government. See Tennessee Code 66-32-302
        Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        Person: means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination of these. See Tennessee Code 66-27-102
        Person: means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. See Tennessee Code 66-32-102
        Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Tennessee Code 66-29-102
        Person: means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. See Tennessee Code 66-32-102
        Personal property: means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles. See Tennessee Code 66-31-102
        Personal property: All property that is not real property.
        Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        Political subdivision: means any city, town, municipality or county within the state. See Tennessee Code 12-3-902
        Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
        Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
        Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
        Private elements: means and includes the lot area upon which an apartment is located and the improvements located thereon, as described in the declaration, and for which fee simple ownership and exclusive use is reserved to that apartment only. See Tennessee Code 66-27-102
        Probable cause: A reasonable ground for belief that the offender violated a specific law.
        Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
        Probation and parole officer: means a probation and parole officer employed by the department. See Tennessee Code 40-28-102
        Probation and parole officer: means a person appointed or employed by the department to supervise individuals placed on community supervision. See Tennessee Code 40-28-301
        Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring of any goods or services. See Tennessee Code 12-3-201
        Procurement commission: means the state procurement commission, as established in §. See Tennessee Code 12-3-201
        Project instrument: means one (1) or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the document, but excluding any law, ordinance, or governmental regulation. See Tennessee Code 66-32-102
        Property: includes both personal and real property. See Tennessee Code 1-3-105
        Property: means and includes the land whether leasehold or in fee simple and the building, all improvements and structures thereon and all easements, rights and appurtenances belonging to such land. See Tennessee Code 66-27-102
        property: means all of the real property subject to a project instrument, and containing more than one (1) unit. See Tennessee Code 66-32-102
        Property: means tangible property described in §. See Tennessee Code 66-29-102
        property: means all of the real property subject to a project instrument, and containing more than one (1) unit. See Tennessee Code 66-32-102
        Public offering statement: means that statement required by §. See Tennessee Code 66-32-102
        Public offering statement: means that statement required by §. See Tennessee Code 66-32-102
        Public-use airport: is a n airport owned or controlled by an airport authority. See Tennessee Code 66-29-301
        Purchaser: means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator. See Tennessee Code 66-32-302
        Purchaser: means any person other than a developer or lender who acquires an interest in a time-share interval. See Tennessee Code 66-32-102
        Purchaser: means any person other than a developer or lender who acquires an interest in a time-share interval. See Tennessee Code 66-32-102
        Putative holder: means a person believed by the treasurer to be a holder, until the person pays or delivers to the treasurer property subject to this part or until a final determination is made that the person is a holder. See Tennessee Code 66-29-102
        Quorum: The number of legislators that must be present to do business.
        Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
        real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
        Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 66-29-102
        Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
        Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility. See Tennessee Code 66-31-102
        Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
        Reservation system: means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. See Tennessee Code 66-32-102
        Reservation system: means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. See Tennessee Code 66-32-102
        Residential ground rent: means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes:
        
        Which is assignable by the obligor without the obligee's consent. See Tennessee Code 66-30-102
        Residential property: means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family. See Tennessee Code 66-36-101
        Residential purposes: means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums. See Tennessee Code 66-30-102
        Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
        Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
        Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        Sales agent: means a person who sells or offers to sell "time-share intervals" in a "time-share program" to a purchaser. See Tennessee Code 66-32-102
        Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
        Security: means :
        
        A security interest, as that term is defined in §. See Tennessee Code 66-29-102
        Self-service storage facility: means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. See Tennessee Code 66-31-102
        sell: means entering into, or other disposition, of a membership camping contract for value, but the term "value" does not include a fee to offset the reasonable costs of transfer of a membership camping contract. See Tennessee Code 66-32-302
        Seller: means a membership camping operator. See Tennessee Code 66-32-302
        Service: means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract. See Tennessee Code 66-36-101
        Service of process: The service of writs or summonses to the appropriate party.
        Services: means all services and agreements obligating the state, except services for highway and road improvements governed by title 54 and design and construction services governed by title 4, chapter 15. See Tennessee Code 12-3-201
        Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
        signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
        State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 66-29-102
        Statute: A law passed by a legislature.
        Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
        Subpoena: A command to a witness to appear and give testimony.
        Summons: Another word for subpoena used by the criminal justice system.
        Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense. See Tennessee Code 40-28-301
        Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
        Testify: Answer questions in court.
        Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        Time-share estate: means an ownership or leasehold estate in property devoted to a time-share fee, tenants in common, time span ownership, interval ownership, and a time-share lease. See Tennessee Code 66-32-102
        Time-share instrument: means any document by whatever name denominated, creating or regulating time-share programs, but excluding any law, ordinance or governmental regulation. See Tennessee Code 66-32-102
        Time-share interval: means a time-share estate or a time-share use. See Tennessee Code 66-32-102
        Time-share interval: means a time-share estate or a time-share use. See Tennessee Code 66-32-102
        Time-share program: means any arrangement for time-share intervals in a time-share project whereby use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one (1) year. See Tennessee Code 66-32-102
        Time-share project: means any real property that is subject to a time-share program. See Tennessee Code 66-32-102
        Time-share project: means any real property that is subject to a time-share program. See Tennessee Code 66-32-102
        Time-share resale broker: means any person or entity who undertakes to list, advertise for sale, promote or sell by any means whatsoever more than five (5) time-share intervals per year in one (1) or more time-share projects on behalf of any number of purchasers. See Tennessee Code 66-32-102
        Time-share use: means any contractual right of exclusive occupancy which does not fall within the definition of a "time-share estate" including, without limitation, a vacation license, prepaid hotel reservation, club membership, vacation club interest, limited partnership or vacation bond. See Tennessee Code 66-32-102
        To record: means to record pursuant to the laws of the state of Tennessee relating to the recordation of deeds and other instruments conveying or affecting title to property. See Tennessee Code 66-27-102
        Townhouse corporation: means a not-for-profit corporation to be organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, Chapters 51 68, of which all co-owners shall be members where private elements are involved. See Tennessee Code 66-27-102
        Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
        Transfer: means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in real property located in this state. See Tennessee Code 66-37-102
        Transfer fee: means a fee or charge imposed by a transfer fee covenant, but does not include any tax, assessment, fee or charge imposed by a governmental authority pursuant to applicable laws, ordinances, or regulations. See Tennessee Code 66-37-102
        Transfer fee covenant: means a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. See Tennessee Code 66-37-102
        Transit fare card: means any pass or instrument purchased to utilize public transportation facilities or services. See Tennessee Code 66-29-102
        Treasurer: means the state treasurer. See Tennessee Code 66-29-102
        Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        True bill: Another word for indictment.
        Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
        Trustee: A person or institution holding and administering property in trust.
        Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
        Unit: means the real property or real property improvement in a project which is divided into time-share intervals. See Tennessee Code 66-32-102
        United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        Utility: means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:
        
        The transmission of communications or information. See Tennessee Code 66-29-102
        Vacation club: means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property. See Tennessee Code 66-32-102
        Vacation club: means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property. See Tennessee Code 66-32-102
        Vacation club documents: means and includes the one (1) or more documents or instruments, by whatever name denominated, creating or governing a vacation club and the disposition of vacation club interests therein. See Tennessee Code 66-32-102
        Vehicle: means a motor vehicle, a trailer, or a semitrailer as defined in §. See Tennessee Code 66-31-102
        Verdict: The decision of a petit jury or a judge.
        Verified mail: means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. See Tennessee Code 66-31-102
        Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
        Virtual currency: means a digital representation of value used as a medium of exchange, unit of account, or a store of value that is not recognized by the United States as legal tender. See Tennessee Code 66-29-102
        Worthless security: means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this part. See Tennessee Code 66-29-102
        written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105

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Tennessee Code > Title 40 > Chapter 28 – Probation, Paroles and Pardons

Terms Used In Tennessee Code > Title 40 > Chapter 28 - Probation, Paroles and Pardons

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