§ 40-28-301 Definitions
§ 40-28-302 Policy on community supervision
§ 40-28-303 System of graduated sanctions
§ 40-28-304 Conditions of community supervision
§ 40-28-305 Authority to impose graduated sanctions
§ 40-28-306 Monitoring graduated sanctions

Terms Used In Tennessee Code > Title 40 > Chapter 28 > Part 3 - Community Supervision

  • Ambulance provider: means a public or private ground-based ambulatory service, other than an ambulance service based on federal property, that bills for transports and has a base of operations within the state. See Tennessee Code 71-5-1502
  • 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.
  • Annual coverage assessment: means the annual assessment imposed on covered hospitals as set forth in this part. See Tennessee Code 71-5-2002
  • Annual coverage assessment base: means a covered hospital's net patient revenue as shown in its medicare cost report for its fiscal year that ended during calendar year 2016, on file with CMS as of September 30, 2018, subject to the following qualifications:

    • (A) If a covered hospital does not have a full twelve-month medicare cost report for 2016 on file with CMS but has a full twelve-month cost report for a subsequent year, then the first full twelve-month medicare cost report for a year following 2016 on file with CMS is the annual coverage assessment base. See Tennessee Code 71-5-2002

    • 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.
    • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    • Assessment: means the medicaid ambulance provider assessment established by this part. See Tennessee Code 71-5-1502
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Board: means the board of parole. See Tennessee Code 40-28-102
    • Budget allowance: means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan or any federal waivers or amendments thereto that are necessary to meet the member's long-term care needs and to delay or prevent institutionalization. See Tennessee Code 71-5-1403
    • Bureau: means the bureau of TennCare. See Tennessee Code 71-5-1502
    • Bureau: means the bureau of TennCare. See Tennessee Code 71-5-2002
    • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
    • 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
    • CMS: means the federal centers for medicare and medicaid services. See Tennessee Code 71-5-2002
    • Commissioner: means the commissioner of finance and administration or the commissioner's designee. See Tennessee Code 71-5-1403
    • Commissioner: means the commissioner of correction. See Tennessee Code 40-28-102
    • Community supervision: means :

      • (i) 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

      • Continuance: Putting off of a hearing ot trial until a later time.
      • Contract: A legal written agreement that becomes binding when signed.
      • control: means indirect or direct ownership of ten percent (10%) or more of a covered hospital. See Tennessee Code 71-5-2002
      • Controlling person: means a person who, by ownership, contract, or otherwise, has the authority to control the business operations of a covered hospital. See Tennessee Code 71-5-2002
      • Cost-effective: means that the total cost of services provided to an eligible elderly or physically disabled adult in the home or other community-based setting does not exceed the cost of reimbursement for institutional care in a nursing facility. See Tennessee Code 71-5-1403
      • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      • Court: means a court of record having original criminal jurisdiction. See Tennessee Code 40-28-301
      • Covered hospital: means a hospital licensed under title 33 or title 68, as of July 1, 2019, but does not include an excluded hospital. See Tennessee Code 71-5-2002
      • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      • Department: means the department of correction. See Tennessee Code 40-28-102
      • 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
      • Excluded hospital: means :

        • (A) A hospital that has been designated by CMS as a critical access hospital as of July 1, 2019. See Tennessee Code 71-5-2002

        • Felony: A crime carrying a penalty of more than a year in prison.
        • Fiscal intermediary: means an entity with whom the commissioner or a contractor responsible for the coordination of medicaid primary, acute and long-term care services has contracted to help a member participating in this consumer-directed care option manage the member's budget allowance. See Tennessee Code 71-5-1403
        • 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.
        • 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
        • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
        • 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.
        • Medicaid transport: means ground ambulance services specified in the Healthcare Common Procedure Coding System (HCPCS) under codes A0225, A0426, A0427, A0428, A0429, A0433, and A0434, and paid by medicaid, as recorded by the managed care organization under contract to the bureau. See Tennessee Code 71-5-1502
        • Medicare cost report: means CMS-2552-10 or a subsequent form adopted by CMS for medicare cost reporting, the cost report for electronic filing of hospitals, for the period applicable as set forth in this section. See Tennessee Code 71-5-2002
        • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
        • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        • Month: means a calendar month. See Tennessee Code 1-3-105
        • Oath: includes affirmation. See Tennessee Code 1-3-105
        • 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.
        • Office of emergency medical services: means the office of emergency medical services within the department of health. See Tennessee Code 71-5-1502
        • Oversight: Committee review of the activities of a Federal agency or program.
        • 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
        • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        • 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 person appointed or employed by the department to supervise individuals placed on community supervision. See Tennessee Code 40-28-301
        • Property: includes both personal and real property. See Tennessee Code 1-3-105
        • Qualified entity: means an entity with which the commissioner has contracted to assess the needs of persons determined medically eligible for long-term care services and to develop care plans to address their identified needs. See Tennessee Code 71-5-1403
        • Rebalance: means reaching a more equitable balance between the proportion of medicaid long-term care expenditures used for institutional, i. See Tennessee Code 71-5-1403
        • 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
        • 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
        • 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
        • Statute: A law passed by a legislature.
        • 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
        • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        • Total transports: means all transports reported during the base period by a provider to the office of emergency medical services. See Tennessee Code 71-5-1502
        • Venue: The geographical location in which a case is tried.
        • 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