Statute of Limitations on Truancy Laws - Tennessee

Document Sample
Statute of Limitations on Truancy Laws - Tennessee Powered By Docstoc
					        JUVENILE JUSTICE REFORM COMMISSION
                                      FINAL REPORT

                           Bold print text represents language added.
                        Stricken text represents statutory language removed.

                                    GENERAL PROVISIONS

37-1-101 Purpose -- Jurisdiction.

 (a) This part shall be construed to effectuate the following public purposes:

 (1) Provide for the care, protection, and wholesome moral, mental and physical development of
children coming within its provisions;

 (2) Consistent with the protection of the public interest, remove from children committing
delinquent acts the taint of criminality and the consequences of criminal behavior and substitute
therefor a program of treatment, training and rehabilitation;

 (3) Achieve the foregoing purposes in a family environment whenever possible, separating the
child from such child's parents only when necessary for such child's welfare or in the interest of
public safety;

 (4) Provide a simple judicial procedure through which this part is executed and enforced and in
which the parties are assured a fair hearing and their constitutional and other legal rights recognized
and enforced;

  (5) Provide simple interstate procedures which permit resort to cooperative measures among the
juvenile courts of the several states when required to effectuate the purposes of this part; and

 (6) Generally deinstitutionalize children who have not been found to be delinquent.

 (b) It is the intention of the general assembly in the passage of this part to promulgate laws relative
to children which are to be uniform in application throughout the state.

  (c) Each of the juvenile courts in all the counties and municipalities of the state as described in '
37-1-102 have all of the jurisdiction, authority, rights, powers and duties prescribed by the
provisions of this part, and any additional jurisdiction, authority, rights, powers or duties conferred
by special or private act upon any of the juvenile courts in the state are not intended to be
invalidated or repealed by this part except where inconsistent or in conflict with any provisions of
this part.

 (a) This Chapter shall apply to Youths as defined in 37-1-102, who, by their circumstance
 or action, are accused of violating the laws of this State and may be found to be in need of
 treatment and rehabilitation or punishment. Because this system is founded on the
 principles of personal responsibility, accountability and reformation within the context of
                                                   1
public safety and restitution to the victims and to the community, the General Assembly
declares that the purposes of this title are:
         (1)         To impose on a Youth a sense of responsibility for his or her own acts
                     and to hold a Youth accountable for his or her unacceptable behavior.
         (2)         To invoke the participation of a Youth's parent or legal guardian in
                     assisting a Youth to recognize and accept responsibility for his or her
                     act and to hold the parent or legal guardian accountable, where
                     appropriate, through the payment of detention costs and restitution to
                     victims and through attendance at programs for treatment, training
                     and the development of positive parenting skills designed to promote
                     a functional relationship between a Youth and his or her family.
         (3)         To protect the public from the consequences of unacceptable
                     behavior and to provide programs to increase public responsibility
                     and participation in developing an effective Youth treatment system
                     designed to aid in reducing the unacceptable behavior of a Youth in
                     this State.
         (4)         To remove a Youth from the custody of his or her parents when it is
                     judicially determined to be in his or her best interest or for the safety
                     and protection of the public and to preserve and strengthen the
                     Youth's family whenever possible, including improvement of home
                     environment.
         (5)         To promote a continuum of services for a Youth and his or her family
                     that emphasize prevention of further unacceptable behavior by the
                     use of early intervention, swift and decisive adjudication, reformation
                     and rehabilitation programs, and post-release services to a Youth who
                     is returned to his or her family and community.

(b) This chapter shall strive to provide every youth with services necessary for his or her
proper development, including, but not limited to, health, social services, and training and
life skills, including primary, secondary and career education. Additionally, a Youth is also
guaranteed prompt and fair hearings, sentencing, disposition, and placement that shall be
applied within the full framework of constitutional standards of fundamental fairness and
due process afforded under the United States and Tennessee Constitutions by a Court of
record. Unless otherwise provided, such protections belong to the Youth individually and
may not be waived by any other party.

(c) This system shall be open and accountable to the people of Tennessee and their
elected representatives with programs, policies and services regularly and independently
audited as to their effectiveness in providing public safety and preventing a Youth's return
to behavior found to be unacceptable.
(d) This Chapter shall be strictly construed in order to promulgate Youth laws which are
uniform in application across the State, and, in the event of an ambiguity or omission, this
Chapter shall be compatible with the Tennessee Criminal Code and Tennessee Rules of
Evidence, ensuring the protections contained therein. [from current (c)] Each of the juvenile
courts in all the counties and municipalities of the state as described in ' 37-1-102 have all of the
jurisdiction, authority, rights, powers and duties prescribed by the provisions of this part, and any
additional jurisdiction, authority, rights, powers or duties conferred by special or private act upon
any of the juvenile courts in the state are not intended to be invalidated or repealed by this part
except where inconsistent or in conflict with any provisions of this part.

                                                  2
Commission Note: Notwithstanding any other law to the contrary, the Commission
recommends that the Legislature provide Public Defenders and District Attorneys based
on a formula consistent with adult provisions in order to ensure the State and juveniles are
represented when a juvenile is charged with a crime.

37-1-102. Definitions

As used in this part, unless the context otherwise requires:
       (3)      "Adult" means any person fifteen (15) years of age or older charged with:
                (A)     First Degree Murder; Attempted First Degree Murder; Second
                        Degree Murder; Attempted Second Degree Murder; eighteen (18)
                        years of age or older; or
                (B)     Aggravated Rape; Especially Aggravated Robbery; Aggravated
                        Robbery; Especially Aggravated Kidnapping; Aggravated
                        Kidnapping.

       Commission Note: See T.C.A.40-20-101 for sentencing provisions.

       (4)    "Child" means:

              (A)    A person under eighteen (18) years of age; or
              (B)    A person under fifteen (15) years of age charged with First Degree
                     Murder; Attempted First Degree Murder; Second Degree Murder;
                     Attempted Second Degree; Aggravated Rape; Especially Aggravated
                     Robbery; Aggravated Robbery; Especially Aggravated Kidnapping;
                     Aggravated Kidnapping; or
              (C)    A person under nineteen (19) years of age for the limited purpose of:

                     (i)       Remaining under the continuing jurisdiction of the juvenile court to
                               enforce a non-custodial order of disposition entered prior to the
                               person's eighteenth birthday; or

                     (ii)      Remaining under the jurisdiction of the juvenile court for the
                               purpose of being committed, or completing commitment including
                               completion of home placement supervision, to the department of
                               children's services with such commitment based on an adjudication
                               of delinquency for an offense that occurred prior to the person's
                               eighteenth birthday; or

                     (iii)   Remaining under the jurisdiction of the juvenile court for resolution
                             of delinquent offense(s) committed prior to a person's eighteenth
                             birthday but considered by the juvenile court after a person's
                             eighteenth birthday with the court having the option of retaining
                             jurisdiction for adjudication and disposition or transferring the
                             person to criminal court under ' 37-1- 134.
              (D)    In no event shall a person eighteen (18) years of age or older be committed
                     to or remain in the custody of the department of children's services by
                     virtue of being adjudicated dependent and neglected, unruly or in need of
                                                 3
                       services pursuant to ' 33-3-203 except as provided in ' 37-1- 173.
                (E)    This provision shall in no way be construed as limiting the court's
                       jurisdiction to transfer a person to criminal court under ' 37-1-134.
                (F)    A person eighteen (18) years of age is legally an adult for all other purposes
                       including, but not limited to, enforcement of the court's orders under this
                       subsection through its contempt power under ' 37-1-158.
                (G)    No exception shall be made for a child who may be emancipated by
                       marriage or otherwise.

         (24)   A ACitation@ means a written order issued by the officer requiring the
                juvenile to appear in court or at a governmental office at a designated time.
         (25)   AJudicial Officer@ is a Judge or Referee who is a member of the Bar.
         (26)   A AVictim Impact Statement@ means a written statement submitted by the
                Victim to the Court stating the affect the crime has had on the Victim and
                the family which may be submitted as part of the record at the sentencing
                hearing and read into the record. Nothing shall preclude the Victim from
                testifying.

Commission Note: AJuvenile@ and AChild@ may be used interchangeably. AJuvenile@
usually applies to an offender charged or adjudicated with a delinquent or unruly act.

37-1-102.1 - Youthful Offender, Serious Youthful Offender, Aggravated Youthful
Offender, Especially Aggravated Youthful Offender
As used in this Chapter, unless the context otherwise requires:
(a) AYouthful Offender@ means a juvenile who is alleged or adjudicated to have
committed an offense that would be a Class B or C misdemeanor if committed by an adult.
(b) ASerious Youthful Offender@ means a juvenile who is alleged or adjudicated to have
committed an offense that would be a Class A misdemeanor or a Class D or E felony if
committed by an adult, or violation or revocation of probation or aftercare, or possession of
a firearm as defined in T.C.A. 39-17-1319.
(c) AAggravated Youthful Offender@ means a juvenile who is alleged or adjudicated to
have committed an offense that would be a Class A, B, or C felony or first degree murder.
(d) AEspecially Aggravated Offender@ means a juvenile who:
        (1)   meets the eligibility criteria set forth in T.C.A. 37-1-134(1); or
        (2)   is charged with a felony; and
        (3)   has previously been in the custody of the Department of Children Services
              pursuant to a delinquency adjudication.

37-1-102.5 Court of Record - All Juvenile Court Hearings shall be on the record. The
Juvenile Judge shall be responsible for ensuring such and may delegate duties to the Clerk
of the Court. The court may use audio tape.

Commission Note: The Commission intends this section to be consistent with T.C.A. 37-
1-159.

37-1-103 Exclusive original jurisdiction. - No change

37-1-104 Concurrent jurisdiction.
                                                  4
(a) The juvenile court has concurrent jurisdiction with the probate, circuit, and chancery courts
of proceedings to:
        (1)    Treat or commit a mentally retarded or mentally ill child;
        (2)    Determine the custody or appoint a guardian of the person of a child; and
        (3)    Give judicial consent to the marriage of a child if consent is required by law.

(b) The juvenile court has concurrent jurisdiction with the general sessions court for the offense of
contributing to the delinquency or unruly conduct of a minor as defined in ' 37-1-156.

(c) The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or
guardian rights pursuant to the provisions of title 36, chapter 1, part 1.

(d)(1)(A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other
courts having the jurisdiction to order support for minor children and shall have statewide
jurisdiction over the parties involved in the case.

               (B)     In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees
                       for the support of children shall be determined in accordance with the
                       provisions of title 36, chapter 5, parts 30 and 31.
               (C)     In any political subdivision or judicial district of the state in which a court
                       by contract is the agency designated to provide child support enforcement
                       pursuant to Title IV-D of the Social Security Act, and if a judge with child
                       support jurisdiction in that political subdivision or judicial district agrees,
                       the contracting court shall have jurisdiction in any case in such judge's court
                       in which an application is made for assistance in obtaining support under
                       provisions of this part. Upon application being made for child support
                       enforcement assistance as provided by law, the contracting court shall
                       assume jurisdiction and it is the duty of the court clerk to so notify the clerk
                       of any court having prior jurisdiction. The contracting court shall then
                       proceed to make and enforce such orders of support as it deems proper
                       within its jurisdiction pursuant to the agreement. The contracting court
                       shall not have jurisdiction in any case in which an absent parent is in full
                       compliance with a support order of another court.

       (2)     In any case in which the court has exclusive or concurrent jurisdiction to order the
               payment of child support, the court may issue a child support order when requested
               by a party. All provisions of title 36, chapter 5 that relate to child support or child
               support orders that include an order of spousal support and ' 50-2-105 apply to
               support orders issued in these proceedings.

(e) The juvenile court has concurrent jurisdiction with the circuit and chancery court of
proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child
Abduction.

37-1-105 Probation officers. No change

37-1-106 Youth services officer. No change.

37-1-107 Referees.
                                                  5
(a) The judge of the juvenile court may appoint one (1) or more suitable persons to act as referees
at the pleasure of the judge. A referee shall be a member of the bar and may qualify and shall hold
office at the pleasure of the judge and may qualify under the civil service regulations of the county.
The compensation of a referee shall be fixed by the judge with the approval of the county
legislative body or the pertinent governing body, and paid from public funds.

(b) The judge may direct that any case or class of cases shall be heard in the first instance by the
referee in all cases wherein the juvenile court has jurisdiction in the manner provided for the
hearing of cases by the court.

(c) A referee has the same authority as the judge to issue any and all process. The referee in the
conduct of the proceedings has the powers of a trial judge.

(d) Upon the conclusion of the hearing in each case, the referee shall transmit to the judge all
papers relating to the case, together with the referee's findings and recommendations in writing.
Any hearing by a referee on any preliminary matter is final and not reviewable by the judge of the
juvenile court, except on the court's own motion. The setting of bond in detention hearings and
any matter that is a final adjudication of a juvenile shall not be construed to be a preliminary
matter under this section and are reviewable by the judge of the juvenile court upon request or
upon the court's own motion as provided in this section.

(e) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with
the court for a hearing by the judge of the juvenile court. The judge may, on the judge's own
motion, order a rehearing of any matter heard before a referee, and shall allow a hearing if a
request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the
recommendation of the referee shall be the decree of the court pending a rehearing.

(f) In case no hearing before the judge is requested, or when the right to a hearing is waived, the
findings and recommendations of the referee become the decree of the court when confirmed by
an order of the judge. The final order of the court is, in any event, proof of such confirmation, and
also of the fact that the matter was duly referred to the referee.

(g) All prior sections governing the organization, jurisdiction, and management of juvenile courts
referred to in this section, which are not in conflict with this section, remain in full force and
effect, and all sections in conflict with this section are hereby repealed.

37-1-108 Commencement of proceedings. No change.

                          PRE-ADJUDICATION DISPOSITION

37-1-110 Informal Diversion adjudication without adjudication. (a) Youthful Offenders and
Serious Youthful Offenders, only, may participate in Informal Diversion.

(b) Before or after a petition is filed, the probation officer or other a officer of the court designated
by it, subject to its direction a person designated by the court pursuant to judicial guidelines,
may suspend prosecution and grant Informal Diversion, subject to appropriate conditions,
 give counsel and advice to the parties with a view to an informal adjustment if:
         (1)     The juvenile after consulting with the juvenile=s parent, guardian, other
                                                   6
              custodian or attorney, voluntarily agrees to stipulate to the admitted facts in
              order to bring the case within the jurisdiction of the court and consents to the
              Informal Diversion;
       (2)    Disposition without adjudication would be in the best interest of the public and the
              child;
       (3)    The child, and the child's parents, guardian or other custodian after consulting
              with parent, guardian, other custodian, or attorney, consent(s) thereto with
              knowledge that consent is not obligatory; and

(c) The person designated by the court may also consult with the victim regarding the
propriety and conditions of the Informal Diversion.

(d) The Informal Diversion disposition cannot extend beyond one hundred and eighty
(180) days from the day commenced unless extended by the court and does not authorize
the detention of the child if not otherwise permitted by this part.

(e) Prior to expiration of the Diversion period, the court staff shall assess completion of the
Informal Diversion requirements. Upon a determination of completion, the file shall be
dismissed and expunged. If completion has not occurred, the court shall conduct a
second assessment within a reasonable period, not to exceed ten (10) days.

(f) If, prior to discharge by the court or expiration of the Informal Diversion, a new
delinquent or unruly petition is filed against the juvenile, or the juvenile otherwise fails to
fulfill express terms and conditions of the Informal Diversion requirements, the petition
under which the child was continued under supervision may be reinstated or the
designated court officer may terminate the diversion and file a petition and the case may
proceed to adjudication just as if the Informal Diversion had never been entered.

(g) The facts to which the juvenile has stipulated shall not be used against the juvenile in
any proceeding.

(h) No juvenile who has been the subject of two (2) or more previous informal adjustments
or convicted of criminal offenses other than Class B or C misdemeanors shall be eligible for
the informal adjustment allowed hereunder without written notice to the district attorney
general.

37-1-110.1 Diversion (a) Youthful Offenders, Serious Youthful Offenders, and Aggravated
Youthful Offenders may participate in Diversion unless the offense in question is;
      (1)    A Class A Felony,
      (2)    A Class B Felony,
      (3)    Driving under the Influence of an Intoxicant, as prohibited by Section 55-10-
             401,
      (4)    Vehicular Assault, as prohibited by Section 39-13-106, or
      (5)    Any felony sex offense.

(b) After a petition is filed, a Judge or Referee may suspend prosecution and grant a
Diversion, subject to the appropriate conditions if:
       (1)     The juvenile agrees to stipulate to the facts in order to bring the case within
               the jurisdiction of the court; and
       (2)     Disposition without an adjudication would be in the best interest of the
                                                 7
               public and the child; and
       (3)     The child, after consulting with parent, guardian, other custodian, or
               attorney consents with knowledge that consent is not obligatory.

(c) The person designated by the court may also consult with the victim regarding the
propriety and conditions of the Diversion.

(d) The disposition cannot extend beyond one year from the day commenced unless
otherwise permitted by this part.

(e) Prior to expiration of the Diversion period, the court staff shall assess completion of the
Diversion requirements. Upon a determination of completion, the file shall be dismissed.
If completion has not occurred, the court shall conduct a second assessment within a
reasonable period, not to exceed ten (10) days.
(f) If prior to discharge by the court or expiration of the diversion period, a new delinquent
or unruly petition is filed against the juvenile, or the juvenile otherwise fails to fulfill express
terms and conditions of the diversion agreement, the petition under which the child was
continued under supervision may be reinstated and the case may proceed to adjudication
just as if the agreement had never been entered. If failure to comply with the pretrial
diversion agreement is alleged, the juvenile shall be given written notice of the alleged
violation and an opportunity to be heard on that issue, prior to the reinstatement of
proceedings under the original charge.

(g) The juvenile=s stipulation to the facts shall not be used against the juvenile in any
proceeding.

37-1-110.2. Judicial Diversion.
(a) All juveniles are eligible for Judicial Diversion unless the offense in question is a Class A
felony.

(b) The juvenile must enter a suspended guilty plea. The Judge may place the juvenile on
community based probation when the juvenile is found delinquent or enters a conditional
plea. When the community-based probation is completed, the juvenile=s record shall be
expunged pursuant to ___________________.

(c) Upon violation of a condition of the probation, the court may enter an adjudication of
delinquency and proceed as otherwise provided.

(d) Non-public records of this proceeding shall be retained solely for the purpose of use in
determining whether or not, in subsequent proceedings, such person qualifies for Judicial
Diversion. Such discharge or dismissal shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime or for any other
purpose.




                  CITATION-ARREST-PRE-TRIAL DETENTION


                                                 8
37-1-112.5. Citation and release by a law enforcement officer
(a) A law enforcement officer who has taken a juvenile into custody for the commission of
an offense, or an offense under this chapter that would not be a crime if committed by an
adult, may:

       (1)     Release the juvenile to the custody of that juvenile=s parent, guardian, or
               legal custodian in lieu of the continued custody of such juvenile; and/or
       (2)     Subject to the exceptions listed in (b), issue a citation to such person to
               appear in court in lieu of the continued custody of the juvenile and in lieu of
               taking the juvenile before an official for offender review.

(b) No citation shall be issued under the provisions of this section if:
      (1)     The juvenile requires medical examination or medical care and no parent,
              guardian, or legal custodian is available to ensure necessary medical
              attention and safety;
      (2)     The juvenile is unable to care for the juvenile=s own safety;
      (3)     There is a reasonable likelihood that the offense would continue or resume;
      (4)     There is a reasonable likelihood that persons or property would be
              endangered by the juvenile;
      (5)     The juvenile cannot or will not offer satisfactory evidence of identification;
      (6)     A reasonable likelihood exists that the juvenile will fail to appear in court;
      (7)     The juvenile is in illegal possession of a firearm;
      (8)     The juvenile is intoxicated; or
      (9)     There are outstanding arrest warrants or attachments for the juvenile.

(c) Citation Form
        (1)    The Citation shall contain:
               (A)   Signature of the juvenile,
               (B)   Address of the parent, guardian, or legal custodian, and
               (C)   In large, conspicuous block letters the following:

                       NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE
                       ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE
                       GOVERNMENT OFFICE FOR PROCESSING MAY RESULT IN
                       YOUR BEING TAKEN INTO CUSTODY AND/ OR BEING
                       CHARGED WITH A SEPARATE, ADDITIONAL OFFENSE.

       (2)     The juvenile shall provide the name and address of the juvenile=s parent,
               guardian, or legal custodian.
       (3)     The Officer shall:
               (A)   Provide a copy of the Citation to the juvenile, and
               (B)   Cause a copy of the Citation to be sent to
                              (1)    the address of the parent, guardian, or legal custodian
                                     as shown on the Citation and
                              (2)    the local Juvenile Court.

T.C.A. 37-1-113. Taking into custody B Grounds.
(a) A child juvenile may be taken into custody:
        (1)     Pursuant to an order of the court;
                                                     9
       (2)     Pursuant to the laws of arrest;
       (3)     By a law enforcement officer, social worker of the department of human services,
               case manager for the Department of Children=s Services, or duly authorized
               officer of the court, if there are reasonable grounds to believe that the conditions
               specified in [' 37-1-114(a)(2), may need to be changed as revisions are made to Sec. 114]
               exist; or
       (4)     By a law enforcement officer or duly authorized officer of the court if there are
               reasonable grounds to believe that the child juvenile has run away from the child=s
               juvenile=s parents, guardian or other custodian.

(b) The taking of a child juvenile into custody is not an arrest, except for the purpose of
determining its validity under the Constitution of Tennessee or the Constitution of the United
States. [Acts 1970, ch.600, ' 13; 1977, ch. 482, '14; 1981, ch. 247, ' 2; T.C.A., ' 37-213.]

Commission Note: Please see the Rules of Juvenile Procedure, Rule 11.

37-1-114. Pre-trial Detention Detention or shelter care of child prior to hearing on
petition.
(a) A child taken into custody shall not be detained or placed in shelter care prior to the hearing on
the petition unless there is probable cause to believe that the child:
         (1)      Has committed the delinquent or unruly act with which the child is charged; or
         (2)Is a neglected, dependent or abused child, and in either case the child=s detention or
shelter care is required because the child is subject to an immediate threat to the child=s health or
safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm,
or the child may abscond or be removed from the jurisdiction of the court, and in either case, there
is no less drastic alternative to removal of the child from the custody of the child=s parent,
guardian or legal custodian available which would reasonably and adequately protect the child=s
health or safety or prevent the child=s removal from the jurisdiction of the court pending a
hearing. [This section (a)(2) needs to be relocated to another section or somewhere within the new
section.] NOTE: THE COMMISSION DID NOT ADDRESS NEGLECT
DEPENDENCY.
(b) Children alleged to be unruly shall not be detained for more than twenty-four (24) hours,
excluding nonjudicial days unless there has been a detention hearing and a judicial determination
that there is probable cause to believe the child has violated a valid court order, and in no event
shall such a child be detained for more than seventy-two (72) hours exclusive of nonjudicial days
prior to an adjudicatory hearing. Nothing herein prohibits the court from ordering the placement
of children in shelter care where appropriate, and such placement shall not be considered detention
within the meaning of this section.

(c) A child shall not be detained in any secure facility or secure portion of any facility unless:
        (1)     There is probable cause to believe the child has committed a delinquent offense
                constituting:
                (A)     crime against a person resulting in the serious injury or death of the victim
                        or involving the likelihood of serious injury or death to such victim; or
                (B)     The unlawful possession of a handgun or carrying of a weapon, as
                        prohibited by title 39, chapter 17, part 13;
        (2)     There is probable cause to believe the child has committed any other delinquent
                offense involving the likelihood of serious physical injury or death, or a property
                                                  10
              offense constituting a felony, and the child:
              (A)     Is currently on probation;
              (B)     Is currently awaiting court action on a previous alleged delinquent offense;
              (C)     Is alleged to be an escapee or absconder from a juvenile facility, institution
                      or other court-ordered placement; or
              (D)     Has, within the previous twelve (12) months, willfully failed to appear at
                      any juvenile court hearing, engaged in violent conduct resulting in serious
                      injury to another person or involving the likelihood of serious injury or
                      death, or been adjudicated delinquent by virtue of an offense constituting a
                      felony if committed by an adult;
       (10)   There is probable cause to believe the child has committed a delinquent offense,
              and special circumstances in accordance with the provisions of subsection (a)
              indicate the child should be detained; however, in any such case, the judge shall,
              within twenty-four (24) hours of the actual detention, excluding nonjudicial days,
              issue a written order on a form prescribed by the Tennessee council of juvenile and
              family court judges setting forth the specific reasons necessitating such detention.
              Nothing is this subdivision shall be construed as requiring a hearing or formal
              finding of fact except as otherwise required by ' 37-1-117;
       (11)   The child is alleged to be an escapee from a secure juvenile facility or institution;
       (12)   The child is wanted in another jurisdiction for an offense which, if committed by an
              adult, would be a felony in that jurisdiction;
       (13)   There is probable cause to believe the child is an unruly child who has violated a
              valid court order or who is a runaway from another jurisdiction. Any detention of
              such child shall be in compliance with subsection (b);
       (14)   In addition to any of the conditions listed above in subdivisions (c)(1)-(6), there is
              no less restrictive alternative that will reduce the risk of flight or of serious physical
              harm to the child or to others, including placement of the child with a parent,
              guardian, legal custodian or relative; use of any alternatives listed in ' 37-1-116(g);
              and/or the setting of bail; and
       (8)    For the purposes of this subsection, Aserious physical injury@ includes conduct
              which would constitute the offenses of aggravated rape, rape and aggravated sexual
              battery. [Acts 1970, ch. 600, ' 14; 1979 ch. 289, ' 3; 1980, ch. 595, ' 1; 1981, ch.
              247, ' 3; 1982, ch. 882, ' 1; 1983, ch. 137, '1; 1983, ch. 408, '3; T.C.A., ' 37-214;
              Acts 1994, ch. 998, ' 2; 1995, ch. 85, ' 1.]



37-1-114.1 Offender Review B (a) After being taken into custody and brought to juvenile
court, a sheriff=s office, or any other place of detention, a juvenile=s status shall be
reviewed, either in-person or by means of telecommunication within twenty-four (24) hours
by an authority designated by the court:

(b) (1) If the juvenile is alleged a youthful offender, the juvenile shall be released to the
custody of a parent, guardian, custodian, or other suitable person, unless there is reason to
believe:
                 (A)    That the juvenile would endanger self or others;
                 (B)    That the juvenile would not return for a court hearing;
                 (C)    That the juvenile would run away from the child=s parent, guardian,
                        or custodian or otherwise not remain in the care or control of the
                                                 11
                      person to whose lawful custody the juvenile is released; or
              (D) That the juvenile=s health or welfare would be immediately
                      endangered.
       (2)    If a juvenile is alleged to have committed an offense that would not be an
              offense if committed by an adult other than possession of a firearm pursuant
              to T.C.A. 39-17-1319 and it is determined at the Offender Review that the
              juvenile will be held, the juvenile must be released within twenty-four (24)
              hours of the offender being taken into custody, excluding non-judicial days,
              unless there has been a full preliminary hearing and a determination that
              there is probable cause to believe the child has violated a valid court order,
              and in no event shall such a child be detained for more than seventy-two (72)
              hours, exclusive of non-judicial days, prior to an adjudicatory hearing.

(c) If the juvenile is alleged a serious youthful offender, the juvenile shall be released or
conditionally released to the custody of a parent, guardian, custodian, or other suitable
person unless the juveniles=s court history and the charge against the juvenile warrant
continued detention or there is reason to believe:
         (1)   That the juvenile would endanger self or others;
         (2)   That the juvenile would not return for a court hearing;
         (3)   That the juvenile would run away from the child=s parent, guardian, or
               custodian or otherwise not remain in the care or control of the person to
               whose lawful custody the juvenile is released; or
         (4)   That the juvenile=s health or welfare would be immediately endangered.

(d) (1) If the juvenile is alleged an aggravated youthful offender or especially aggravated
youthful offender and charged with a capital offense, the juvenile shall be detained.
        (2)      If the juvenile is alleged an aggravated youthful offender or especially
                 aggravated youthful offender and charged with a non-capital offense, the
                 child shall be detained unless there is reason to believe:
                 (A)     That the child would not endanger self or others;
                 (B)     That the child will return for a court hearing;
                 (C)     That the juvenile would not run away from the child=s parent,
                         guardian, or custodian or otherwise not remain in the care or control
                         of the person to whose lawful custody the juvenile is released; and
                 (D) That the juvenile=s health or welfare would not be immediately
                         endangered.

(e) Any juvenile held in custody after an Offender Review shall have the right to retain
counsel or have counsel appointed by the court if the juvenile is indigent.

(f) The court, in it=s discretion, may release a child on an appearance bond.

37-1-114.2 - Uniform Intake Report - When a juvenile is in Detention, the court shall
produce a Uniform Intake Report which shall:

(a) Be completed by the Offender=s parent, guardian, or appropriate court personnel,

(b) Be subject to the provisions contained in T.C.A. 37-1-153 and other laws concerning
confidentiality, and
                                             12
(c) Be created by the Tennessee Council of Juvenile and Family Court Judges with input
from the Department of Children=s Services and other affected parties.

Commission Note: Whenever possible, offender review should be conducted within
                             twelve (12) hours of the time the juvenile was taken into
                             custody.

Commission Note:             For the authority who will conduct offender reviews, the
                             juvenile court judge shall promulgate guidelines governing the
                             release of offenders.

Commission Note:             The creation of juvenile offender classifications (YO, SYO, and
                             AYO) has been done to facilitate the determination of
                             eligibility of youth for different provisions of the Code, most
                             notably detention and diversion. The inclusion of both unruly
                             and delinquent offenses in the YO classification is in no way
                             meant to eliminate the long-standing distinction between such
                             offenses or to dilute or abolish existing federal and state law
                             and regulations regarding the different procedures which
                             apply to juveniles charged with unruly or delinquent offenses.

37-1-114.3 - Release review B If a juvenile is detained pursuant to an offender review, the
juvenile shall be entitled to a release review, either in-person or by means of
telecommunication, within forty-eight (48) hours of the time the juvenile was taken into
custody, excluding weekends and legal holidays:
       (1)     At the Release Review:
               (A)     A Judicial Officer shall determine whether there is probable cause to
               believe that the juvenile has committed an offense.
                       The evidentiary standard for a finding of probable cause shall be, at a
                       minimum, the same as that required for an arrest warrant.
               (B)     If the judicial officer finds that there is probable cause to believe that
                       the juvenile has committed an offense, then the judicial officer shall
                       determine whether the juvenile should continue in detention or be
                       conditionally released. The juvenile shall be released unless the
                       judicial officer determines that detention is warranted based upon the
                       juvenile=s offender classification and the standards delineated for that
                       offender classification in subsection (a)(1, 2, or 3) entitled AOffender
                       review.@
               (C)     If there is not probable cause to believe that the juvenile has
                       committed an offense, then the juvenile shall be released.
       (2)     The release review is not an adversarial proceeding; however, attorneys may
               be present at the discretion of the juvenile court judge. Whenever possible, at
               the release review, the court should obtain and review the child=s court
               record in making its decision.
       (3)     If the juvenile is detained after the Release Review, the District Attorney
               shall represent the state for all future proceedings and the juvenile shall have
               counsel appointed or retained.

                                               13
       (4)    The court, in it=s discretion, may release a child on an appropriate
              appearance bond.

37-1-114.4 Preliminary hearing B (a) If a juvenile remains in detention following a
release review, the juvenile is entitled to a preliminary hearing as soon as is practicable,
but in no event later than ten (10) days from the time he was taken into custody.

(b) If a juvenile is released, the juvenile is entitled to a preliminary hearing within thirty
(30) calendar days of the time the juvenile was taken into custody unless an adjudication
hearing takes place within that thirty (30) day period.

(c) A juvenile who is released under one or more conditions is not entitled to a preliminary
hearing.

(d) A juvenile may waive his right to or the timeliness of a preliminary hearing.

(e) At the preliminary hearing, a judge shall determine whether there is probable cause to
believe that the juvenile committed the offense that is charged:
        (1)    The finding that there is probable cause to believe that the juvenile
               committed the offense charged shall be based upon evidence which may not
               be inadmissable hearsay except documentary proof of ownership and written
               reports of expert witnesses.
        (2)    If probable cause is not found, the case shall be dismissed and the juvenile
               shall be released.
        (3)    If probable cause is found, the judge shall determine whether to continue the
               juvenile in detention or release the juvenile. In determining whether a
               juvenile should be detained or released, the court shall consider:

              (A)   The evidence from either the state or the defense on the issue of
                    release;
              (B)   The seriousness of the charge;
              (C)   The juvenile=s court history; and
              (D) The resources available to the court.
       (4)    The court, in it=s discretion, may release a child on an appearance bond.

37-1-114.5 Education B (a) If a juvenile is held in custody pursuant to a Release Review,
the appropriate school official shall be notified that the juvenile is being held in custody.
The school official shall be notified only that the juvenile is being held in custody. All other
information shall be confidential except as provided in T.C.A. 37-1-153(a)(5).

(b) If a juvenile is held after a Release Review, the juvenile shall be provided appropriate
education services to maintain their current academic level. The Detention facility shall,
on the next school day following Detention, provide such educational services. The LEA
shall provide school records and any other information needed.

Commission Note:             In counties without a juvenile court clerk, the general sessions
                             clerk shall function as such.

37-1-115 Custody -- Release to proper party -- Warrant for custody.
                                               14
(a) A person taking a child into custody shall within a reasonable time:
        (1)             (A)     Release the child to such child's parents, guardian or other custodian
                                upon a promise by such person or persons to bring the child before
                                the court when requested by the court unless such child's detention
                                or shelter care is warranted or required under ' 37-1-114; or
                        (B)     Consistent with this chapter, any child who has been legally
                                emancipated may be released without the presence of a legal
                                guardian; or
        (2)    Bring the child before the court or deliver such child to a detention or shelter care
               facility designated by the court or to a medical facility if the child is believed to
               suffer from a serious physical condition or illness which requires prompt treatment.
               A person taking a child into custody shall give notice thereof, together with a
               reason for taking the child into custody, to a parent, guardian or other custodian
               and to the court. If the child is taken into custody pursuant to the provisions of '
               37-1-113(a)(3) prior to the filing of a petition, a petition under ' 37-1-120 shall be
               filed as soon as possible but in no event later than two (2) days after the child is
               taken into custody excluding Saturdays, Sundays and legal holidays.

(b) If a parent, guardian or other custodian, when requested, fails to bring the child before the
court as provided in subsection (a), the court may issue its warrant directing that the child and the
parent be taken into custody and brought before the court.

37-1-116 Place of detention
(a) A child alleged to be delinquent or unruly may be detained only in:
        (1)     A licensed foster home or a home approved by the court;
        (2)     A facility operated by a licensed child welfare agency;
        (3)     A detention home or center for delinquent children which is under the direction or
                supervision of the court or other public authority or of a private agency approved
                by the court; or
        (4)     Subject to subsection (e), any other suitable place or facility designated or operated
                by the court. The child may be detained in a jail or other facility for the detention
                of adults only if:
                (A)     Other facilities in subdivision (a)(3) are not available;
                (B)     The detention is in a room separate and removed from those for adults; and
                (C)     It appears to the satisfaction of the court that public safety and protection
                        reasonably require detention, and it so orders.

(b) The official in charge of a jail or other facility for the detention of adult offenders or persons
charged with crime shall inform the court immediately if a person who is or appears to be under
eighteen (18) years of age is received at the facility, and shall bring such person before the court
upon request or deliver such person to a detention or shelter care facility designated by the court.

(c) If a case is transferred to another court for criminal prosecution, the child may be transferred to
the appropriate officer or detention facility in accordance with the law governing the detention of
persons charged with crime.

(d) A child alleged to be dependent or neglected may be detained or placed in shelter care only in
the facilities stated in subdivisions (a)(1), (2) and (4), and shall not be detained in a jail or other
facility intended or used for the detention of adults charged with criminal offenses or of children

                                                   15
alleged to be delinquent.

(e) No child may be detained or otherwise placed in any jail or other facility for the detention of
adults, except as provided in subsections (c) and (h).

(f) A county may contract with juvenile courts in other counties, other public authorities, or
private agencies to place children in any of the facilities listed above in subdivisions (a)(1) -(3) and
in the first sentence of subdivision (a)(4). The payment for such placements shall be according to
per diem allowances established jointly by the department of children's services and the
comptroller of the treasury, or as agreed upon between the county and the juvenile court or other
authority or agency operating the facility. The cost allowances established jointly by the
department and the comptroller of the treasury shall take into account the actual operating costs of
the facility, the costs of any special programs offered by the facility, and the cost of any
transportation provided by the facility. Any and all such costs of placement and transportation may
be assessed against the parents or other persons legally obligated to care for and support the child
as provided in ' 37-1-150(d).

(g) To the extent necessary to comply with subsection (e), counties may expend funds received
from the state for the purpose of improving juvenile court services or providing community
alternatives to detention to pay for the alternative placement and transportation services described
in subsection (f), and to develop other alternatives to jail for children, including emergency foster
homes, runaway/emergency shelters, juvenile summons, crisis intervention, home detention,
attendant care and other programs.
(h) A juvenile may be temporarily detained for as short a time as feasible, not to exceed forty -eight
(48) hours, in an adult jail or lockup, if:
        (1)     The juvenile is accused of a serious crime against persons, including criminal
                homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery and
                extortion accompanied by threats of violence;
        (2)     The county has a low population density not to exceed thirty-five (35) persons per
                square mile;
        (3)     The facility and program have received prior certification by the Tennessee
                corrections institute as providing detention and treatment with total sight and
                sound separation from adult detainees and prisoners, including no access by
                trustees;
        (4)     There is no juvenile court or other public authority, or private agency as provided
                in subsection (f), able and willing to contract for the placement of the juvenile; and
        (5)     A determination is made that there is no existing acceptable alternative placement
                available for the juvenile.

(i)(1) Notwithstanding the provisions of this section to the contrary, in any facility which meets
the following requisites of separateness, juveniles who meet the detention criteria of ' 37-1-114(c)
may be held in a juvenile detention facility which is in the same building or on the same grounds as
an adult jail or lockup; provided, that no juvenile facility constructed or developed after January 1,
1995, may be located in the same building or directly connected to any adult jail or lockup facility
complex:
                 (A)     Total separation between juvenile and adult facility spatial areas such that
                         there could be no haphazard or accidental contact between juvenile and
                         adult residents in the respective facilities;
                 (B)     Total separation in all juvenile and adult program activities within the
                         facilities, including recreation, education, counseling, health care, dining,
                                                     16
                       sleeping and general living activities;
               (C)     Separate juvenile and adult staff, including management, security staff and
                       direct care staff, such as recreational, educational and counseling.
                       Specialized services staff, such as cooks, bookkeepers and medical
                       professionals who are not normally in contact with detainees or whose
                       infrequent contacts occur under conditions of separation of juveniles and
                       adults, can serve both; and
               (D)     In the event that state standards or licensing requirements for secure
                       juvenile detention facilities are established, the juvenile facility must meet
                       the standards and be licensed or approved as appropriate.

 (2)    In determining whether the criteria set out in this subsection are met, the following factors
        will serve to enhance the separateness of juvenile and adult facilities:
                (A)     Juvenile staff are employees of or volunteers for a juvenile service agency or
                        the juvenile court with responsibility only for the conduct of the youth-
                        serving operations. Juvenile staff are specially trained in the handling of
                        juveniles and the special problems associated with this group;
                (B)     A separate juvenile operations manual, with written procedures for staff and
                        agency reference, specifies the function and operation of the juvenile
                        program;
                (C)     There is minimal sharing between the facilities of public lobbies or
                        office/support space for staff;
                (D)     Juveniles do not share direct service or access space with adult offenders
                        within the facilities, including entrance to and exits from the facilities. All
                        juvenile facility intake, booking and admission processes take place in a
                        separate area and are under the direction of juvenile facility staff. Secure
                        juvenile entrances (sally ports, waiting areas) are independently controlled
                        by juvenile staff and separated from adult entrances. Public entrances,
                        lobbies and waiting areas for the juvenile detention program are also
                        controlled by juvenile staff and separated from similar adult areas. Adult
                        and juvenile residents do not make use of common passageways between
                        intake areas, residential spaces and program/service spaces;
                (E)     The space available for juvenile living, sleeping and the conduct of juvenile
                        programs conforms to the requirements for secure juvenile detention
                        specified by prevailing case law, prevailing professional standards of care,
                        and by state code; and
                (F)     The facility is formally recognized as a juvenile detention center by the state
                        agency responsible for monitoring, review and/or certification of juvenile
                        detention facilities.
(j)(1) Any juvenile who:
                (A)     Is alleged or adjudicated to be delinquent;
                (B)     Is confined to a secure detention or correctional facility designated,
                        operated or approved by the court; and
                (C)     Absconds or attempts to abscond from such facility; may be charged with
                        the offense of escape or attempted escape and a petition alleging such
                        offense may be filed with the juvenile court of the county in which the
                        alleged offense occurred. If the allegations of the petition are sustained,
                        then the court may make any order of disposition authorized by ' 37-1-131.
  (2) Any juvenile who:
                (A)     Is alleged or adjudicated to be delinquent;
                                                    17
                (B)     Has been placed by the court in a secure detention or correctional facility
                        designated, operated or approved by the court;
                (C)     Is being transported to or from such facility; and
                (D)     Absconds or attempts to abscond from the custody of the person
                        responsible for such transportation; may be charged with the offense of
                        escape or attempted escape and a petition alleging such offense may be filed
                        with the juvenile court of the county in which the alleged offense occurred.
                        If the allegations of the petition are sustained, then the court may make any
                        order of disposition authorized by ' 37-1-131.


37-1-116.5 Escape from Detention Facility
(a) Any juvenile in custody, in secure detention, in a correctional facility, or being
transported to or from such a facility and alleged or adjudicated delinquent who escapes or
attempts to escape, may be charged with the offense of escape or attempted esc ape and a
petition alleging such offense may be filed with the juvenile court of the county in which
the alleged offense occurred. If the allegations of the petition are sustained, then the court
may make any order of disposition authorized by T.C.A.37-1-131.

(b) A facility where juveniles are housed, where an escape occurs, shall notify local law
enforcement of such escape. Law enforcement shall enter the information about such
escape into the TCIC and NCIC databases.

Commission Note: Please see T.C.A. 39-16-605 on escape petitions.

                        NEGLECT DEPENDENT - REMOVAL

37-1-117 Investigation and release or commitment -- Petition -- Hearings.
Neglect Dependent - Removal - Special Procedures

(a) If a child is brought before the court or delivered to a detention facility designated by the court,
the intake or other authorized officer of the court shall immediately make an investigation and
release the child unless it appears that such child's detention is warranted or required under ' 37-1-
114.

(b)(1) If such child is not so released, a petition under ' 37-1-120 shall be made promptly and
presented to the court. MOVED PRECEDING SENTENCE TO PETITIONS, 119 In the
case of a child alleged to be delinquent, a detention hearing shall be held no later than three (3)
days after the child is placed in detention to determine whether such child's detention is required
under ' 37-1-114. In computing the three (3) days' limitation for purposes of such detention
hearing, nonjudicial days are excluded. If a juvenile is detained as provided in ' 37-1-114, a
detention hearing shall be held no later than eighty-four (84) hours after the child is placed in
detention pursuant to ' 37-1-114.
  (2) In the alternative, if the child is not so released, a warrant committing the child may be
         sworn out before the court or referee by the person producing the child for commitment.
         Immediately upon receiving a child committed under a warrant, however, the petition shall
         be made promptly and presented to the court as provided in subdivision (b)(1).


                                                  18
(a c ) If a child alleged to be dependent and neglected is removed from the custody of such child's
parent, guardian or legal custodian prior to a hearing on the petition, a preliminary hearing shall be
held no later than three (3) days after the child's removal, excluding Saturdays, Sundays and legal
holidays, to determine whether such child's removal is required under ' 37- 1-114. If the court
determines that the child's removal is required under ' 37-1-114, the court may order that the child
be placed in the custody of a suitable person, persons or agency, as specified in ' 37-1-116(d). The
provisions of this subsection may be waived by express and knowing waiver, by the parties to an
action including the parents, guardian or legal custodian and the child or guardian ad litem for the
child if the child is of tender years. Any such waiver may be revoked at any time, at which time the
provisions of this section shall apply. The court shall make every effort to advise the parent,
guardian or legal custodian, and the child individually, if fourteen (14) years of age or older or
alleged to be delinquent or unruly, of the time, date and place of the hearing and the factual
circumstances necessitating the removal.

(b d) If the child is not so released, and a parent, guardian or custodian has not been notified of the
informal hearing, did not appear or waive appearance at this hearing, and files an affidavit showing
these facts, the court shall rehear the matter without unnecessary delay and order such child's
release unless it appears from the hearing that the child's detention or shelter care is required under
' 37-1-114.

(e) The court, in its discretion, may release the child on an appearance bond. THIS SECTION MOVED
TO DETENTION

                           PRE-TRIAL-TRIAL PROCEDURES


37-1-119 Petition - Charging Document - Summons, Attachments, and Arrest
Orders-- Who may make.
 The petition may be made by any person, including a law enforcement officer, who has
knowledge of the facts alleged or is informed and believes that they are true.

(a) A petition shall be verified and may be on information and belief. It shall set forth in
plain and concise language, with particularity, the factual and other allegations relied upon
in asserting that the respondent is within the juvenile court=s jurisdiction, including:
       (1)     The name, residence address, and date of birth of the juvenile, if known;
       (2)     The names and residence address, if known to the petitioner, of the parents,
               guardian, or custodian of the juvenile;
       (3)     The approximate date, manner, and place of the acts alleged as the basis of
               the court=s jurisdiction;
       (4)     Whether the petition alleges delinquent, unruly, dependent/neglected, or
               other category of jurisdiction; and all petitions alleging that a juvenile is
               dependent, neglected, or abused shall be referred to the Department of
               Children=s Services.
       (5)     A statement whether the juvenile is in custody and if so, the place of
               detention and the time the juvenile was taken into custody.
(b) The petition may be made by any person, including a law enforcement officer, who
has knowledge of the facts alleged or is informed and believes they are true.


                                                  19
(c) Upon the filing of the petition, the case shall be set for hearing, appearance, or
settlement in accordance with local rules and procedures for the setting of cases.

(d) Delinquent petitionsBfurther requirements:
      (1)   A petition alleging a delinquent act shall be accompanied by a written
            affidavit of complaint alleging that the juvenile has committed an offense and
            alleging the essential facts constituting the offense charged. The affidavit of
            complaint shall be made upon oath before a designated officer of the court
            who is capable of the probable cause determination. A delinquent petition
            shall not be issued absent a probable cause determination that the alleged
            offense occurred.
      (2)   The finding of probable cause shall be based upon evidence, which may be
            hearsay in whole or in part provided there is a substantial basis for believing
            the source of the hearsay to be credible and for believing that there is a
            factual basis for the information furnished.
      (3)   A delinquent petition shall set forth the state statute or county, city or
            municipal code or statute alleged to have been violated.
      (4)   A copy of the petition in all cases alleging a delinquent offense which would
            be a felony if committed by an adult and possession of a firearm as defined in
            T.C.A. 39-17-1319 shall be sent to the District Attorney General and the
            juvenile=s counsel. The District Attorney shall receive notice of all other
            Delinquency Petitions from the Clerk of the Court or the appropriate person.


(e) When a petition has been drafted and filed pursuant to this part, a court date shall be
set for action on that petition. The court shall issue a summons, and attach a copy of the
petition, to any or all of the following: the parents, guardian, guardian ad litem, other
custodian or necessary party and to the juvenile if the juvenile is fourteen (14) years of age
or more or is alleged in the petition to have committed a delinquent or unruly act. The
summons shall direct those people to appear before the court on a specific date, time, and
place in answer to the petition.

(e) (f) The parties, other than the child juvenile, may waive service of summons by written
stipulation or by voluntary appearance at the hearing.


37-1-120 Contents of petition.
  The petition shall be verified and may be on information and belief. It shall set forth plainly:
  (1) The facts which bring the child within the jurisdiction of the court with a statement that it is
in the best interest of the child and the public that the proceeding be brought and, if delinquency
or unruly conduct is alleged, that the child is in need of treatment or rehabilitation;
  (2) The name, age and residence address, if any, of the child on whose behalf the petition is
brought;
  (3) The names and residence addresses, if known to petitioner, of the parents, guardian or
custodian of the child and of the child's spouse, if any; and
  (4) If the child is in custody and, if so, the place of detention and the time the child was taken
into custody.

37-1-121 Summons.
                                                  20
(a) After the petition has been filed, the court shall fix a time for a hearing thereon. The court shall
direct the issuance of a summons to the parents, guardian or other custodian, a guardian ad litem
and any other persons as appear to the court to be proper or necessary parties to the proceeding,
requiring them to appear before the court at the time fixed to answer the allegations of the
petition. The summons shall also be directed to the child if the child is fourteen (14) years of age
or more or is alleged to be a delinquent or unruly child.

(b) A copy of the petition shall accompany the summons unless the summons is served by
publication, in which case the published summons shall indicate the general nature of the
allegations and where a copy of the petition can be obtained.

(c) The court may endorse upon the summons an order directing the parents, guardian or other
custodian of the child to appear personally at the hearing and directing the person having the
physical custody or control of the child to bring the child to the hearing.

(d) If it appears from affidavit filed or from sworn testimony before the court that the conduct,
condition or surroundings of the child are endangering the child's health or welfare or those of
others, or that the child may abscond or be removed from the jurisdiction of the court or will not
be brought before the court notwithstanding the service of the summons, the court may endorse
upon the summons an order that a law enforcement officer shall serve the summons and take the
child into immediate custody and bring the child forthwith before the court.

37-1-122 Attachments Attachment where summons ineffectual.
  In case the summons cannot be served or the party served fails to obey the same, and in any case
where it is made to appear to the court that such summons will be ineffectual, an attachment may
issue on the order of the court either against the:
  (1) Parent or guardian;
  (2) Person having custody of the child;
  (3) Person with whom the child may be; or
  (4) Child.

(a) The court may issue an attachment for extraordinary matters and under the following
circumstances:
      (1)    FAILURE TO A PPEAR. When a child fails to appear at a hearing or conference
             to which the child has been properly summoned or personally notified to
             appear, the referee or judge may issue an order of attachment; or
      (2)    REQUIREMENTS FOR ISSUANCE OF ORDERS IN OTHER CASES. Where an order of
             attachment is sought to be issued in any other case, the following
             requirements must be met:
             (A)         The judge or referee must determine, from the juvenile court
                    petition and the affidavit and/or sworn testimony presented, that
                    there is probable cause to believe that an offense has been committed
                    and that the child committed it or, in the case of a child alleged to be
                    dependent and neglected, that the child is in need of the immediate
                    protection of the court. In making this probable cause determination,
                    the judge or referee shall be governed by the following:
                    (i)     The statement of a person requesting an order of attachment
                            must be reduced to writing and made upon oath;
                    (ii)    The finding of probable cause shall be based upon evidence,
                            which may be hearsay in whole or in part provided there is a
                                             21
                                 substantial basis for believing the source of the hearsay to be
                                 credible and for believing that there is a factual basis for the
                                 information furnished.
              (B)           The judge or referee must also find that:
                      (i)        The conduct, condition or surroundings of the juvenile are
                                 endangering the child=s health or welfare or that of others; or
                      (ii)       The child may abscond or be removed from the jurisdiction of
                                 the court; or
                      (iii)          Service of a summons would be ineffectual or the parties
                                 are evading service.
              (C)           If the judge or referee determines that both requirements (A) and
                      (B) above have been satisfied, then he or she may order that the child
                      be taken into custody immediately and brought before the court in
                      accordance with Rule 5.
(b) The attachment may be for the parent, guardian, person having legal or physical
custody of the juvenile, and/or the juvenile. The attachment shall order that the party
toward whom the attachment is directed be taken into custody to be brought before the
court.

Commission Note:            If a juvenile is alleged to have violated a condition of probation,
                            aftercare, or other order of the court, and the probation officer
                            believes the juvenile is endangering his/her health and/or welfare
                            or that of others, the officer may seek an attachment pursuant to
                            this part or the officer may summon(s?) the juvenile to court
                            pursuant to T.C.A. '37-1-123.

37-1-118 Subpoenas - Upon application of a party, the court or the clerk of the court shall
issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of
witnesses and production of papers documents at any hearing under this part.

37-1-123 Service of summons.
(a) If a party to be served with a summons is within this state and can be found, the summons shall
be served upon such party personally at least three (3) days before the hearing. If a party is within
this state and cannot be found, but such party's address is known or can with reasonable diligence
be ascertained, the summons may be served upon such party by mailing a copy by registered or
certified mail at least five (5) days before the hearing. If a party is without this state, but such party
can be found or such party's address is known, or such party's whereabouts or address can with
reasonable diligence be ascertained, service of the summons may be made either by delivering a
copy to such party personally or mailing a copy to such party by registered or certified mail at least
five (5) days before the hearing. If a juvenile in detention is alleged to have violated a valid court
order, the parties may waive service of summons upon appearing before the court and receiving a
copy of the petition.

(b) Except for delinquent and unruly actions, I If, after reasonable effort, the party cannot be
found or such party's post office address ascertained, whether such party is within or without this
state, the court may order service of the summons upon such party by publication in accordance
with '' 21-1-203 and 21-1-204. The hearing shall not be earlier than five (5) days after the date of
the last publication. [Staff note: Wording a bit awkward here]

                                                   22
(c) Service of the summons may be made by any suitable person under the direction of the court.

(d) The court may authorize the payment from county funds of the costs of service and of
necessary travel expenses incurred by persons summoned or otherwise required to appear at the
hearing.

37-1-125 Party served by publication -- Provisional hearing -- Interlocutory order.
(a) Except for delinquent and unruly actions, I(i)f service of summons upon a party is made by
publication, the court may conduct a provisional hearing upon the allegations of the petition and
enter an interlocutory order of disposition if the:
        (1)     Petition alleges delinquency, unruly conduct, or dependency or neglect of the child;
        (2)     Summons served upon any party:
                (A)     States that prior to the final hearing on the petition designated in the
                        summons a provisional hearing thereon will be held at a specified time and
                        place;
                (B)         Requires the party who is served other than by publication to appear
                        and answer the allegations of the petition at the provisional hearing;
                (C)     States further that findings of fact and orders of disposition made pursuant
                        to the provisional hearing will become final at the final hearing unless the
                        party served by publication appears at the final hearing; and
                (D)     Otherwise conforms to ' 37-1-121; and
        (3)     Child is personally before the court at the provisional hearing.

(b) All provisions of this part applicable to a hearing on a petition, orders of disposition, and other
proceedings dependent thereon, apply under this section, but findings of fact and orders of
disposition have only interlocutory effect pending the final hearing on the petition. The rights and
duties of the party served by publication are not affected except as provided in subsection (c).

(c) If the party served by publication fails to appear at the final hearing on the petition, the findings
of fact and interlocutory orders made become final without further evidence and are governed by
this part as if made at the final hearing. If the party appears at the final hearing, the findings and
orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the
petition without regard to this section.

37-1-127 Basic rights at hearing.
(a) A party is entitled to the opportunity to introduce evidence and otherwise be heard in its own
behalf and to cross-examine adverse witnesses.

(b) A child juvenile charged with a delinquent act need not be a witness against self- interest or
otherwise engage in self-incrimination.

(c) An extra-judicial statement, if obtained in the course of violation of this part or which would be
constitutionally inadmissible in a criminal proceeding, shall not be used against the child juvenile.

(d) Evidence illegally seized or obtained shall not be received over objection to establish the
allegations made against the child juvenile.

(e) A confession validly made by a child juvenile out of court is insufficient to support an
adjudication of delinquency unless it is corroborated in whole or in part by other evidence.

                                                   23
Commission Note:           This section shall not be construed to require greater cooperation
                           than in an adult criminal case.

37-1-126 - No Change

37-1-124 Conduct of hearing.
(a) Hearings under this part shall be conducted by the court without a jury, in an informal but
orderly manner, and separate from other proceedings not included in ' 37-1-103.

(b) Notwithstanding any other law to the contrary, upon the request of the court, the
District Attorney, city attorney, or any attorney shall present evidence in support of the
Petition and/ or otherwise conduct the proceedings on behalf of the state. This subsection
shall not be construed so as to prevent the state=s right to representation.

(c) Minutes of all proceedings shall be kept by the court.

(d) Except in hearings to declare a person in contempt of court, and in hearings under ' 37-1-146,
the general public may be excluded from hearings under this part. The court may temporarily
exclude the child from the hearing except while allegations of the child's delinquency or unruly
conduct are being heard.




                                  RESTRAINING ORDERS

37-1-152 - Restraining Orders

Commission Note:           The Commission was not able to review this section and this
                           section is open to review at a later date. The Commission
                           recognizes potential amendments are needed, but due to time
                           constraints, the sections cannot be addressed now.

                                         DISPOSITION

37-1-129 Hearings -- Findings -- Disposition of child -- Interdepartmental case
management team -- Pilot projects.

(a)(1) After hearing the evidence on the petition, the court shall make and file its findings as to
whether the child is a dependent or neglected child, or, if the petition alleges that the child is
delinquent or unruly, whether the acts ascribed to the child were committed by that child . If the
court finds that the child is not a dependent or neglected child or that the allegations of
delinquency or unruly conduct have not been established, it shall dismiss the petition and order the
child discharged from any detention or other restriction theretofore ordered in the proceeding.
                                                  24
       (2)     If the petition alleged the child was dependent and neglected as defined in ' 37-1-
               102(b)(12)(G), or if the court so finds regardless of the grounds alleged in the
               petition, the court shall determine whether the parents or either of them or another
               person who had custody of the child committed severe child abuse. The court shall
               file written findings of fact which are the basis of its conclusions on that issue
               within thirty (30) days of the close of the hearing or, if an appeal of a petition for
               certiorari is filed, within five (5) days thereafter, excluding Sundays.

(b) If the court finds on proof beyond a reasonable doubt that the child committed the acts by
reason of which the child is alleged to be delinquent, it shall proceed immediately or at a
postponed hearing to hear evidence as to whether the child is in need of treatment, or
rehabilitation, or punishment and to make and file its findings thereon. If the court finds that the
child is not in need of treatment or rehabilitation or punishment, it may dismiss the proceeding
and discharge the child from any detention or other restriction theretofore ordered. In the absence
of evidence to the contrary, evidence of the commission of acts which constitute a felony or which
reflect recidivistic delinquency is sufficient to sustain a finding that the child is in need of
treatment, or rehabilitation, or punishment.

(c) If the court finds from clear and convincing evidence that the child is dependent, neglected or
unruly, the court shall proceed immediately or at a postponed hearing to make a proper disposition
of the case.

(d) In hearings under subsections (b) and (c), all evidence helpful in determining the questions
presented, including oral and written reports, may be received by the court and relied upon to the
extent of its probative value even though not otherwise competent in the hearing on the petition.
The parties or their counsel shall be afforded an opportunity to examine and controvert written
reports so received and to cross-examine individuals making the reports. Sources of confidential
information need not be disclosed.

(e) Any order of the court which places custody of a child with the department shall empower the
department to select any specific residential or treatment placements or programs for the child
according to the determination made by the department, its employees, agents or contractors.

(f) On its own motion or that of a party, the court may continue the hearings under this section for
a reasonable period to receive reports and other evidence bearing on the disposition or the need for
treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of
the child, or the child release from detention, subject to supervision of the court during the period
of the continuance. In scheduling investigations and hearings, the court shall give priority to
proceedings in which a child is in detention or has otherwise been removed from the child=s home
before an order of disposition has been made. Any such report in a delinquency proceeding
shall follow the requirements set forth in T.C.A. '37-1-XXX (the Predisposition statute
reference).

37-1-133 Order of adjudication -- Noncriminal.
(a) An order of disposition or other adjudication in a proceeding under this part is not a conviction
of crime and does not impose any civil disability ordinarily resulting from a conviction or operate
to disqualify the child juvenile in any civil service application or appointment. A child juvenile
shall not be committed or transferred to a penal institution or other facility used primarily for the

                                                 25
execution of sentences of persons convicted of a crime, except as provided in ' 37-1-134.

(b) The disposition of a child juvenile and evidence adduced in a hearing in juvenile court may not
be used against such child in any proceeding in any court other than a juvenile court, whether
before or after reaching majority, except in dispositional proceedings after conviction of a felony
for the purposes of a pre-sentence investigation and report and as set forth in T.C.A. ' 40-35-114.

(c) A child juvenile found to be delinquent shall be exempt from the operation of laws applicable
to infamous crimes, and such child juvenile shall not be rendered infamous by the judgment of the
juvenile court in which such child juvenile is tried.

37-1-130 Dependent or neglected child -- Disposition.
(a) If the child is found to be dependent or neglected, the court may make any of the following
orders of disposition best suited to the protection and physical, mental and moral welfare of the
child:
         (1)      Subject to the restrictions of ' 37-1-129(e), permit the child to remain with the
                  child=s parents, guardian or other custodian, subject to conditions and limitations
                  as the court prescribes, including supervision as directed by the court for the
                  protection of the child;
         (2)      Subject to the restrictions of ' 37-1-129(e), and subject to conditions and
                  limitations as the court prescribes, transfer temporary legal custody to any of the
                  following:
                  (A)     Any individual who, after study by the probation officer or other person or
                          agency designated by the court, is found by the court to be qualified to
                          receive and care for the juvenile;
                  (B)           The department of children's services:
                          (i)      Any child placed in the custody of the department of children's
                                   services shall become a resident of the county in which such child is
                                   placed by the department, and for educational purposes shall be
                                   considered a resident of the school system where the child is placed
                                   regardless of the county in which the child came into care or the
                                   county of the child's parents' residence;
                          (ii)     In order to assure appropriate placement for students with
                                   handicaps, the procedures required by the state board of education
                                   must be followed;
                          (iii)    If a student is determined to be handicapped as defined by state and
                                   federal laws and regulations and, therefore, entitled to special
                                   education and related services, a multi-disciplinary team of the
                                   receiving school system must be convened prior to the placement of
                                   the child in the school system for the purpose of developing an
                                   appropriate educational program. The department shall notify the
                                   receiving school system as far in advance of the intended placement
                                   as possible. A representative from the department must be present
                                   at the multi-disciplinary team meeting;
                          (iv)     Placements in educational programs not following the requirements
                                   set forth in this section shall be the financial responsibility of the
                                   department of education;
                          (v)      Any financial responsibility required under the provisions of this
                                   section for the education of handicapped children whose parents are
                                                   26
                                not residents of the county in which the children are placed shall be
                                borne by the department of education and not by any local
                                government. This provision shall not act to reduce federal funds for
                                handicapped children or special education going to any local
                                education agency;
               (C)     An agency or other private organization licensed or otherwise authorized by
                       law to receive and provide care for the child; or
               (D)     An individual in another state with or without supervision by an appropriate
                       officer under ' 37-1-142;
       (3)     In those counties having a county department of children's services, commit the
               child to the custody of such county department; or
       (4)     Without making any of the foregoing orders, transfer custody of the child to the
               juvenile court of another state if authorized by and in accordance with ' 37-1-141 if
               the child is or is about to become a resident of that state.

(b) Unless a child found to be dependent or neglected is found also to be delinquent, the child
shall not be committed to or confined in an institution or other facility designed or operated for the
benefit of delinquent children.

(c) If the child is found to be dependent and neglected under ' 37-1- 102(b)(12)(G) as a result of
brutality or abuse, the court shall not return the child under subsection (a) or ' 37-1-139(b)-(d) to
the custody or residence of any person who engaged in or knowingly failed to protect the child
from the brutality or abuse until the court has received and considered reports and
recommendations prepared in light of the possible return of the child by:
         (1)      The commissioner of children's services, if the person has been found to have
                  committed severe child abuse, or, if there has been no such finding, by the
                  commissioner's designee having a master's degree in social work or equivalent
                  training and experience; and either, as the commissioner deems appropriate;
         (2)      A psychiatrist or, in the alternative, a physician and a psychologist, based on
                  professionally appropriate examinations of the child and of the person who engaged
                  in or failed to protect the child from the brutality or abuse; or
         (3)      A multi-disciplinary protective services team of the department of children's
                  services based on professionally appropriate examinations of the child and of the
                  person who engaged in or failed to protect the child from the brutality or abuse.

(d) The reports and recommendations shall be filed within thirty (30) days after the court orders
the local director of the county office of the department to obtain the reports. The department may
intervene as a matter of right in any such proceeding. No child who has been found to be a victim
of severe child abuse shall be returned to such custody at any time unless the court finds on the
basis of clear and convincing evidence that the child will be provided a safe home free from further
such brutality and abuse. The court shall file written findings of fact which are the basis of its
conclusions on that issue within thirty (30) days of the close of the hearing or, if an appeal or
petition for certiorari is filed, within five (5) days thereafter, excluding Sundays. No such child
shall be returned to such custody on the basis of the court's order until five (5) days after entry of
the order without the consent of the department and the petitioner.

(e)(1) When the department determines that a child who has been committed to the department
under this section is ready to return home, the department shall notify the court in writing of its
intention to place the child at home on a trial home visit. If the court objects to the trial home

                                                  27
visit, it must notify the department of its objection in writing or set a hearing within fifteen (15)
days of the date of the notice, with such hearing to be held at the earliest possible date. If the
hearing is not set nor a written objection received within fifteen (15) days of the date of the notice,
the department may place the child on a trial home visit. The notice shall include the provision
that the department's legal custody of the child shall terminate in ninety (90) days.
          (2)    If during the ninety-day period the department determines that the trial home visit
                 is not in the child's best interest and removes the child on an emergency basis or
                 seeks to remove the child on a non-emergency basis, the department shall file a
                 motion for review by the court of the trial home visit and shall provide notice to
                 the parent(s), guardian or other custodian. The court shall hold a hearing on such
                 motion within three (3) days of an emergency removal and shall set a hearing within
                 fifteen (15) days to be held at the earliest possible date if the motion seeks the
                 court's permission to make a non-emergency removal.
          (3)    During the ninety (90) day trial home visit, the court may periodically review the
                 child's status and may make any orders that the best interest of the child may
                 require.

Commission Note:           Non Delinquency StatuteBThe Commission did not
                           examine this part and makes no recommendation as it is
                           not part of the Commission=s charge.

37-1-132 Unruly child -- Disposition.
(a) If the child is found to be an unruly child, the court may make such disposition as authorized
by ' 37-1-131(2), (5) or (7) that is best suited to such child's treatment. However, no child found to
be an unruly child may be placed on probation under the supervision of the department, unless
such child is found to also be a delinquent child or is found to have committed a violation of a
valid court order as provided for in the Appendix to the Tennessee Rules of Juvenile Procedure.
No county government may be required to increase local funding to implement this provision. The
court has the additional dispositional alternative of ordering the department to provide non-
custodial services to a child found to be unruly.

(b)(1) If the court finds that it is in the best interest of the child and the public that any unruly
child be removed from the home of a parent, guardian or other legal custodian, the placement of
the child shall be with the person, agency or facility that presents the least drastic or restrictive
alternative.
         (2)     If the court desires to commit an unruly child to the custody of the department of
                 children's services, it shall, prior to ordering commitment, refer such child to the
                 department's juvenile-family crisis intervention program under ' 37-1-168. The
                 court may commit the child to the department after such juvenile-family crisis
                 intervention program certifies to the court that there is no other less drastic
                 measure than court intervention. Nothing in this subdivision shall preclude placing
                 a child in protective service custody.

(c)(1) When the department determines that a child who has been committed to the department
under this section is ready to return home, the department shall notify the court in writing of its
intention to place the child at home on a trial home visit. If the court objects to the trial home
visit, it must notify the department of its objection in writing or set a hearing within fifteen (15)
days of the date of the notice with such hearing being held at the earliest possible date. If a hearing

                                                  28
is not set nor a written objection received within fifteen (15) days of the date of the notice, the
department may place the child on a trial home visit. The notice shall include the provision that
the department's legal custody of the child shall terminate in thirty (30) days.
        (2)      If during the thirty-day period the department determines that the trial home visit is
                 not in the child's best interest and removes the child on an emergency basis or
                 seeks to remove the child on a non-emergency basis, the department shall file a
                 motion for review by the court of the trial home visit and shall provide notice to
                 the parent(s), guardian or other custodian. The court shall hold a hearing on such
                 motion within three (3) days of an emergency removal and shall set a hearing within
                 fifteen (15) days to be held at the earliest possible date if the motion seeks the
                 court's permission to make a non-emergency removal.
        (3)      During the thirty-day trial home visit, the court may periodically review the child's
                 status and may make any orders that the best interest of the child may require.

Commission Note:            Non Delinquency StatuteBThe Commission did not examine this
                            part and makes no recommendation as it is not part of the
                            Commission=s charge.

37-1-131 Delinquent child juvenile -- Disposition -- School Notification --
Restitution.
(a) If the child is found to be a delinquent child juvenile, the court may make any of the following
orders of disposition best suited to the child's juvenile=s treatment, rehabilitation and welfare: or
punishment:
         (1)      Any order authorized by ' 37-1-130 for the disposition of a dependent or neglected
                  child;
         (2)      Placing the child on probation under the supervision of the probation officer of the
                  court or the department of children's services, or any person, persons or agencies
                  designated by the court, or the court of another state as provided in ' 37-1-143,
                  under conditions and limitations the court prescribes. Such information shall be
                  shared only with employees of the school having responsibility for classroom
                  instruction of the child, but such information is otherwise confidential and shall not
                  be shared by school personnel with any other person or agency except as may
                  otherwise be required by law. Such notification in writing of the nature of the
                  offense committed by the child and any probation requirements shall not become a
                  part of such child's student record. A violation of the confidentiality provisions of
                  the preceding sentence is a Class C misdemeanor;
         (3)      Placing the child in an institution, camp or other facility for delinquent children
                  operated under the direction of the court or other local public authority;
         (4)      Subject to the restrictions of ' 37-1-129(e), commit the child to the department of
                  children's services, which commitment shall not extend past the child's nineteenth
                  birthday;
         (5)      Assessing a fine not to exceed fifty dollars ($50.00) for each offense which
                  constitutes a violation of a state law or municipal ordinance;
         (6)      Committing the child to the custody of the county department of children's services
                                                                                   in those counties
                                                                                   having such a
                                                                                   department;
         (7)      Restitution pursuant to __________;
         (8)      Short term incarceration pursuant to ____________;
                                                      29
        (9)     Blended Sentencing pursuant to ___________; and
        (10)    Any other alternative as provided by law.

37-1-XXX Restitution.
(a) (1) If the child is found to be delinquent, the court shall determine if any monetary damages
        actually resulted from the child's delinquent conduct. Upon a determination that monetary
        damages resulted from such conduct, the court shall order the child to make restitution for
        such damages unless the court further determines that the specific circumstances of the
        individual case render such restitution, or a specified portion thereof, inappropriate.
    (2)(A) In those cases where the court has made a finding that:
                (i) (A)      A specified amount of restitution is owed;
                (ii) (B)     Such amount was ordered to be paid pursuant to a specific payment
                             schedule; and
                (iii) (C) The total amount of such ordered restitution is not paid by the time the
                             juvenile court no longer has jurisdiction over the child;

 THEN notwithstanding the provisions of ' 37-1-133(b) or any other provision of law to the
contrary, the recipient of such restitution may convert the unpaid balance of the restitution
ordered by the court into a civil judgment in accordance with the procedure set out in this
subsection. The payment of such civil judgment shall be at the same payment schedule as that as
when the offender was a juvenile.
                (B)      Under such judgment, payments shall be continued to be made under the
                    specific payment schedule ordered by the juvenile court until the judgment has
                    been satisfied.
       (3)      The restitution recipient shall file a certified copy of the juvenile court's restitution
                order with any court having jurisdiction over the total amount of restitution
                ordered.
       (4)      Upon receipt of such a restitution order, the court shall take proof as to the amount
                of ordered restitution actually paid. If the court finds that the amount of restitution
                actually paid is less than the total amount of restitution ordered by the juvenile
                court, it shall enter a judgment in favor of the restitution recipient and against the
                offender for the amount of the unpaid balance of such restitution.
       (5)      A judgment entered pursuant to this subsection shall remain in effect for a period
                of ten (10) years from the date of entry and shall be enforceable by the restitution
                recipient in the same manner and to the same extent as other civil judgments.
       (6)      This part does not preclude any civil remedy as provided by law. A parent=s
                responsibility for a juvenile=s act or acts is addressed in T.C.A. ''37-10-101 et
                seq.

Commission Note:            The Rules of Civil Procedure do not apply in juvenile restitution
                            orders. If there are issues regarding the establishment of
                            restitution, the court shall promulgate local rules.

37-1-XXX- Predisposition Report - Delinquent Juveniles

(a) The purpose of a predisposition report is to serve as a resource for the court in
determining an appropriate disposition of a juvenile adjudicated delinquent.

(b) If the court finds by an appropriate level of proof that the juvenile is a Youthful
                                                   30
Offender, Serious Youthful Offender, or Aggravated Youthful Offender, the court may
order the Department of Children=s Services to prepare a Predisposition Report.

(c) The Predisposition Report shall include:
      (1)    Victim=s Version of the Offense
             (A)    Victim=s statement describing the offense
             (B)    Was personal injury involved in the offense and was medical
                    treatment required
             (C)    Has the victim or any family member received counseling or therapy
                    as a result of the offense
             (D) Has the offense affected the victim=s ability to earn a living
             (E)    Has the victim or victim=s family experienced any expense or
                    economic loss because of the offense
             (F)    Does the victim have any special request if the offender is granted
                    probation or is later placed on aftercare (parole) supervision
      (2)    Summary of previous problems including:
             (A)    Summary of prior juvenile court record including date of offenses,
                    location of court, date of disposition, and disposition in each case
             (B)    Previous interventions (include family crisis intervention, pre-trial
                    diversions, public service, restitution, probation, etc.)
             (C)    Record of any out of home placements and dates of such placements
             (D) Record of any previous child protective service investigations
                    involving the youth/family or any previous dependent/neglect
                    petitions involving the youth.
      (3)    Family history including :
             (A)    Full legal name and age of father, mother, stepparent(s), or
                    significant others having custody of the youth
             (B)    Educational level of father, mother, stepparent(s) or significant
                    others having custody of the youth
             (C)    Place of employment of father, mother, stepparent(s) or significant
                    others having custody of the youth
             (D) Criminal history of family members
             (E)    History of alcohol or drug abuse and mental illness of family
                    members
             (F)    Current relationship with youth
             (G)    Siblings (if any siblings are adults could they serve as a possible
                    placement resource)
      (4)    Family interaction:
             (A)    Strengths in family structure
             (B)    Sources of conflict within the family
      (5)    Home and neighborhood:
             (A)    Brief description of home and neighborhood
             (B)    Incidence of crime in the neighborhood
             (C)    Accessibility to community resources
      (6)    Developmental history of youth
             (A)    Early childhood developmental problems
             (B)    History of serious illness or injury as a child
             (C)    Youth=s current health status
             (D) Medical limitations or medical needs
             (E)    History of drug and alcohol abuse
                                           31
              (F)   History of suicidal behavior or mental illness
              (G)   Mental health services received (including dates, location, and
                    contact person)
      (7)     Education
              (A)   Name of most recent school attended and grade placement
              (B)   School related problems (truancy, behavior, poor grades)
              (C)   Special education history (accelerated, remedial, or special
                    education)
       (8)    Youth=s employment history
       (9)    A summary of the presenting problem including:
              (A)   Summary of juvenile=s statement of event
              (B)   Charging document of offense
              (C)   Date of adjudicatory hearing and adjudication
              (D) Scheduled date of dispositional hearing
              (E)   Summary of any pending charges
       (10)   Recommendations
              (A)   Appropriate dispositional alternatives
              (B)   Community resources that may be helpful to the youth or family
              (C)   Tentative supervision plan and special conditions that would be
                    appropriate if probation is granted
              (D) Restitution and/or public service

(d) The predisposition report must be completed within 21 days from the date of the
request or the Department of Children=s Services must show cause for the delay in
writing.

(e) The predisposition report shall be available to the District Attorney, the Defense
Counsel, the Juvenile, and the Judge. Upon final disposition, the report shall be
confidential.

(f) At the discretion of the presiding Judge, psychological evaluations may be ordered.
Psychological testing may be for the purpose of determining intellectual capabilities,
academic achievement, and/or psychological well being. Such evaluations will be in
accord with TCA 37-1-128. The cost of psychological evaluations for non felony offenders
shall be the responsibility of the referring juvenile court.
(g) The Department of Children= Services shall have authority to modify the content of the
Predisposition Reports as is necessary to meet the ongoing needs of the Juvenile Court.
The Council of Juvenile and Family Court Judges shall approve any modifications
proposed by the Department.

37-1-XXX. Disposition Hearings- Delinquent Juveniles(a) Within thirty (30) days of
being adjudicated delinquent, if the juvenile is in custody, and within ninety (90) days of
being adjudicated delinquent if the juvenile is not in custody, the court shall conduct a
Disposition Hearing.

(b) In making a determination of appropriate disposition, the judge may consider, but is
not limited to the following:

              (1)    Victim Impact Statement,
              (2)    The presence of gang activity,

                                             32
               (3)     Court History,
               (4)     Whether the offender took a leadership role,
               (5)     Whether there were multiple victims,
               (6)     Previous history of non-compliance with a court order,
               (7)     Use of a firearm,
               (8)     Death or threat of such,
               (9)     Damage to school property,
               (10)    Presence of provocation,
               (11)    Substantial grounds to justify acts of offender,
               (12)    Minor role or major role,
               (13)    Attempt to compensate the victim,
               (14)    Age as a factor in lack of judgement, and
               (15)    Act done out of necessity for family.


(c) The Judge may order the appropriate rehabilitation including but not limited to the
following:
             (1)   Any order authorized by ' 37-1-130 for the disposition of a dependent
                   or neglected child;
             (2)   Any order authorized by T.C.A. 37-1-131 for the disposition of a
                   delinquent juvenile;
             (3)   Suspending the juvenile=s driver=s license; and
             (4)   Any other disposition consistent with this Chapter.

(d) Reliable Hearsay shall be admissible in Disposition Hearings.

37-1-131.5 Delinquency Finding - School Notification
(a) If the adjudication of delinquency was for an offense involving first degree murder, second
degree murder, rape, aggravated rape, aggravated robbery, especially aggravated robbery,
kidnapping, aggravated kidnapping, especially aggravated kidnapping, aggravated assault, or felony
reckless endangerment, a crime that would be a Class A or a Class B drug felony if
committed by an adult, or an attempt to commit any of the aforementioned crimes and if
school attendance is a condition of probation, or if the child is to be placed in the custody of a
state agency and is to be placed in school by a state agency or by a contractor of the state agency,
the court shall notify make a finding of whether or not the child=s school Superintendent and
the Superintendent must notify the principal of the child's school should be notified. Failure of
the Court to notify the Superintendent shall not be the basis of any civil action against the
court. If the court orders notification, the court shall enter an order directing the youth service
officer, probation officer, or the state agency if the child has been committed to the custody of the
state agency, to notify in writing the school principal of the nature of the offense and probation
requirements, if any, related to school attendance, within five (5) days of the order or before the
child resumes or begins school attendance, whichever occurs first.

(b) In all cases where a child=s probation or aftercare is transferred pursuant to T.C.A. 37-
1-112(b), the school superintendent shall notify the receiving school superintendent of the
information required in this section.

(c) In all cases where a child=s probation or aftercare is transferred pursuant to the
Interstate Compact, the school superintendent shall notify the receiving school
superintendent of the information required in this section.
                                                 33
37-1-XXX. Short term incarceration -
(a) As part of a Juvenile=s community based treatment, a juvenile may be incarcerated
pursuant to the following guidelines:
       (1)     A Youthful Offender with:
               (A)    no prior offenses may not be incarcerated for any amount of time after
                      adjudication.
               (B)    any prior offense may be incarcerated for a period of time not to
                      exceed ten (10) days.
       (2)     A Serious Youthful Offender with:
               (A)    no prior offense may be incarcerated for a period not to exceed thirty
                      (30) days.
               (B)    any prior offense may be incarcerated for a period not to exceed sixty
                      (60) days.
       (3)     An Aggravated Youthful Offender with no prior offense or with any prior
               offense may be incarcerated for a period of time not to exceed ninety (90)
               days.
       (4)     Any juvenile incarcerated pursuant to this part shall receive educational
               services.

(b) Credit for time served. A Juvenile shall receive credit toward Disposition for any time
served in Detention pending adjudication and disposition.



37-1-131.2 Community Service Work

(7)    (A) (a) As part of a juvenile=s treatment, the Court may O ordering the child to
       perform community service work with such work being in compliance with federal and
       state child labor laws.

  (B) No charitable organization, municipality, county or political subdivision thereof utilizing
juveniles performing community service work pursuant to this chapter shall be liable for any injury
sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is
performing a work project for such organization or governmental entity, if the organization or
governmental entity exercised due care in the supervision of the juvenile;

   (C) No charitable organization, municipality, county or political subdivision thereof, nor any
employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile
is on a community work project for such organization or governmental entity, if the organization or
governmental entity exercised due care in the supervision of the juvenile;

(D) (b) No charitable organization, municipality, county or political subdivision thereof, nor any
employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or
injuries received, proximately caused by the juvenile, while the juvenile is on a community work
project for such organization or governmental entity, if the organization or governmental entity
exercised due care in the supervision of the juvenile;

(E) (c) The authority and protection from liability provided by this section is supplemental and in
addition to any other authority and protection provided by law;
                                                  34
37-1-137 Commitment of delinquent children to the department of children's
services.

(a)(1)(A) An order of the juvenile court committing a delinquent child to the custody of the
department of children's services shall be for an indefinite time.
                               (B)              If a juvenile offender is tried and adjudicated
                                                delinquent in juvenile court for the offense of first
                                                degree murder, second degree murder, aggravated
                                                rape, aggravated sexual battery, especially aggravated
                                                kidnapping, aggravated robbery, especially
                                                aggravated robbery, aggravated arson, attempt to
                                                commit first degree murder, or violations of ' 39-17-
                                                417(b), (i) or (j), or has been previously adjudicated
                                                delinquent in three (3) felony offenses arising out of
                                                separate criminal episodes at least one (1) of which
                                                has resulted in institutional commitment to the
                                                department of children's services, or is within six (6)
                                                months of the child's eighteenth birthday at the time
                                                of the adjudication of the child's delinquency, the
                                                commitment may be for a determinate period of time
                                                but in no event shall the length of the commitment
                                                be greater than the sentence for the adult convicted
                                                of the same crime, nor shall such commitment
                                                extend past the offender's nineteenth birthday.
                                                Commitment under this section shall not exceed the
                                                sentences provided for in title 40, chapter 35, and in
                                                no event shall a juvenile offender be sentenced to
                                                Range II or Range III.
               (2)             However, no child shall be committed to such department when the
                               court deems it in the best interest of the child without a pre-
                               commitment report including, but not limited to:
                               (A)     Educational status;
                               (B)              Family background information;
                               (C)     Employment background;
                               (D)     Physical examination and report; and
                               (E)              Psychological report (if possible).

               (3)            Such report shall be prepared by the probation officer assigned to
                              the juvenile to be committed.
               (4)            Notwithstanding subdivisions (a)(2) and (3), the information in a
                              pre- commitment report shall be provided only when presently
                              available and shall not be provided at an additional cost to the
                              department.
               (5 1)   The department may place the child in a suitable state institution, foster
                       home or group home, or the department may purchase services from any
                       agency, public or private, which is authorized by law to receive or provide
                       care and/or services for children.
               (6 2)   The commissioner, in consultation with the executive committee of the
                       Tennessee council of juvenile and family court judges, shall promulgate

                                                  35
                        rules and regulations relative to commitment criteria for the incarceration of
                        juvenile offenders in facilities operated or managed by the department. All
                        such rules and regulations shall be promulgated in accordance with the
                        provisions of the Uniform Administrative Procedures Act, compiled in title
                        4, chapter 5. Such regulations will be promulgated and in effect by July 1,
                        1990.

(b) The commissioner shall prescribe procedures whereby the child's treatment, rehabilitation and
progress shall be reviewed quarterly and a recommendation for or against home placement or
discharge shall be made to the commissioner or the commissioner's designee at least semiannually.

(c)(1) The commissioner or the commissioner's designee, with the assent of the committing court,
may make a home placement of a child under the continuing supervision of the department.
Notification of a home placement of a child shall be made in writing to the committing court at
least fifteen (15) days prior to the proposed date of such placement. Unless the committing court
makes an objection in writing to the commissioner or the commissioner's designee or sets a hearing
within the fifteen-day period with such hearing to be held at the earliest possible date, the court
shall be considered to have assented to the home placement. The first thirty (30) days after the
child's return home shall be a trial home pass with the department retaining legal custody of said
child. If the child successfully completes the trial home pass, at the end of the thirty (30) day trial
home pass the child shall automatically be placed on home placement supervision status, and the
department's legal custody of the child shall terminate. If the committing court objects to the home
placement, such objections shall be made in writing to the commissioner or the commissioner's
designee setting forth the reasons for such objections. A valid ground for such objection shall
include, but not be limited to, consideration of the nature of the offense committed by the
juvenile. No juvenile shall be released on home placement if the committing court objects in the
prescribed manner. Upon receiving the objection from the committing court, the commissioner or
the commissioner's designee shall review the child's file and consult with the committing judge
regarding the proposed placement of the child. If no agreement is reached between the department
and the committing judge, the commissioner or the commissioner's designee shall request a hearing
on the proposed placement by a three (3) judge panel to be appointed by the executive committee
of the Tennessee council of juvenile and family court judges. Such three (3) judge panel shall not
include the committing judge. The panel will hear and resolve the controversy within thirty (30)
days of receipt of the commissioner's or the commissioner's designee's request for a hearing by the
executive secretary of the council and the decision of the panel shall be final.
         (2)             In the event the juvenile offender is a person described in subdivision
                         (a)(1)(B) and is given a determinate commitment, and the commissioner or
                         the commissioner's designee is of the opinion that the juvenile offender is a
                         fit subject for home placement, the commissioner or the commissioner's
                         designee shall request a hearing before the judge of the juvenile court in
                         which the original commitment occurred. The request shall state the
                         reasons for recommending the placement and shall make specific
                         recommendations as to where the child will be placed. A copy of the
                         request for a hearing shall be supplied to the district attorney general. If, on
                         review of the record, the court is of the opinion that the request is well
                         taken and the district attorney general has no objection, the judge may order
                         the placement without a hearing. Otherwise the court shall schedule a
                         hearing within fifteen (15) days of the receipt of the request for hearing. At
                         the hearing, the department, the juvenile offender, and the state shall be
                         given an opportunity to be heard in support of or in opposition to the
                         proposed placement and all of the parties may subpoena witnesses to testify
                                                   36
                        on any issue raised by the proposed placement. The court may make such
                        orders pertaining to the continued commitment or home placement as the
                        court determines are justified under the proof produced at the hearing. The
                        court's decision shall be appealable under the provisions of ' 37-1-302.

(d) If the designee of the department supervising a delinquent child on home placement has
reasonable cause to believe that such child has violated the conditions of home placement in an
important respect, the designee may file a petition alleging a violation of home placement.
Notwithstanding any other provision of law to the contrary, the court may require that the child be
placed in detention pending adjudication of the petition. The department is prohibited from taking
the child into custody until the court finds that the child has violated conditions of the home
placement and the court terminates the home placement. Nothing herein shall prevent the transfer
of a juvenile under ' 37-1-134.

(e) The juvenile court which committed the delinquent child to the department retains jurisdiction
to determine allegations of violation of home placement. Such court shall schedule a hearing
within seven (7) thirty (30) days of the time the child is placed in detention and cause written
notice to be served on the child, the child's parent(s), guardian or other custodian, and the
department's designee a reasonable time before the hearing. The written notice shall contain a
copy of the petition and any other written report or statement detailing the violation(s) as well as
the time, place and purpose of the hearing. At the hearing, the court shall allow the child to be
heard in person and to present witnesses or documentary evidence. The child shall also have the
right to confront and cross-examine witnesses.

(f) If the court finds that no violation has occurred, the child shall be allowed to resume the former
conditions of home placement. If the court finds that:
         (1)     A violation occurred; and
         (2)     The violation was serious enough to justify termination; it shall order that the child
                 be re-committed to the department. Such order shall contain the reasons relied on
                 for terminating the home placement. Upon such termination, the child may be
                 placed as the commissioner or the commissioner's designee may direct. The child
                 may appeal the disposition of the court as provided in ' 37-1-159.

(g)(1) The commissioner or the commissioner's designee may discharge a child placed in the
custody of the department and thereby terminate the custody, control and supervision of the child.
Notification of discharge of a child shall be made in writing to the committing court at least fifteen
(15) days prior to the discharge. Unless the committing court makes an objection in writing to the
commissioner or the commissioner's designee or sets a hearing within the fifteen-day period with
such hearing to be held at the earliest possible date, the court shall be considered to have assented
to the discharge.
        (2)     If the committing court objects to the discharge, such objections shall be made in
                writing to the commissioner or the commissioner's designee, setting forth the
                reasons for such objections. A valid ground for such objection shall include, but
                not be limited to, considerations of the nature of the offense committed by the
                juvenile. No juvenile shall be discharged if the committing court objects in the
                prescribed manner. If an objection is filed, then the commissioner or the
                commissioner's designee shall review the discharge decision and within fifteen (15)
                days shall render a final decision on the discharge. If the decision is to discharge the
                juvenile notwithstanding the objections of the committing court, then the executive
                committee of the Tennessee council of juvenile and family court judges shall

                                                  37
               appoint a panel of three (3) juvenile or family court judges to review the
               commissioner's final decision. Such three (3) judge panel will hear and resolve by a
               majority vote the controversy within thirty (30) days of the filing of the
               commissioner's final decision. The committing judge shall not be a member of the
               three (3) judge panel. The determination of the three (3) judge panel shall be final.
       (3)     In the event the juvenile offender is a person described in subdivision (a)(1)(B) and
               is given a determinate commitment, and the commissioner or the commissioner's
               designee is of the opinion that the juvenile offender is a fit subject for discharge,
               the commissioner or the commissioner's designee shall request a hearing before the
               judge of the juvenile court in which the original commitment occurred. The request
               shall state the reasons for recommending the discharge and shall make specific
               recommendations as to where the child will be placed. A copy of the request for a
               hearing shall be supplied to the district attorney general. If, on review of the record,
               the court is of the opinion that the request is well taken and the district attorney
               has no objection, the judge may order the placement without a hearing. Otherwise
               the court shall schedule a hearing within fifteen (15) days of the receipt of the
               request for hearing. At the hearing, the department, the juvenile offender and the
               state shall be given an opportunity to be heard in support of or in opposition to the
               proposed discharge and all of the parties may subpoena witnesses to testify on any
               issue raised by the proposed discharge. The court may make such orders pertaining
               to the continued commitment or discharge as the court determines are justified
               under the proof produced at the hearing. The court's decision shall be appealable
               under the provisions of ' 37-1-302.

(h)(1) Any juvenile offender who is given a determinate commitment shall be eligible to receive
time credits toward the determinate sentence imposed. Such time credits shall be awarded for good
institutional behavior and/or satisfactory performance within institutional programs.
Notwithstanding any other provision of the law to the contrary, awarded time credits shall operate
to reduce the time a juvenile offender must serve in the department on the determinate sentence.
         (2)    Each juvenile offender who exhibits good institutional behavior and/or exhibits
                satisfactory performance within a program may be awarded time credits toward the
                sentence imposed, varying between one (1) day and sixteen (16) days for each
                month served, with not more than eight (8) days for each month served for good
                institutional behavior and not more than eight (8) days for each month served for
                satisfactory program performance in accordance with criteria established by the
                department. No juvenile offender shall have the right to any such time credits nor
                shall any juvenile offender have the right to participate in any particular program
                and may be transferred from one (1) program to another without cause.
         (3)    Such sentence credits shall not be earned or credited automatically, but rather shall
                be awarded on a monthly basis to a juvenile offender at the discretion of the
                responsible superintendent in accordance with the criteria established by the
                department, and only after receipt by the superintendent of written documentation
                evidencing the juvenile offender's good institutional behavior and/or satisfactory
                program performance.
         (4)    Such sentence credits may not be awarded for a period of less than one (1)
                calendar month or for any month in which a juvenile offender commits a major
                violation of which such juvenile offender is found guilty. No sentence credits for
                good institutional behavior may be awarded for any month in which a juvenile
                offender commits any disciplinary violation of which such juvenile offender is
                found guilty.
         (5)    A juvenile offender may be deprived of those sentence credits previously awarded
                                                  38
               pursuant to this subsection only for the commission of any major infraction
               designated by the department as a major violation, or refusal to participate in a
               program.
       (6)     All determinately sentenced juvenile offenders, including those juveniles who are
               currently serving their sentences, are eligible for the sentence reduction credits
               authorized by this subsection. However, sentence reduction credits authorized by
               this subsection may be awarded only for conduct and/or performance from and
               after July 1, 1987.


37-1-171 - Written Orders - Presumptions

Commission Note:               The Commission was not able to review this section and this
                               section is open to review at a later date. The Commission
                               recognizes potential amendments are needed, but due to time
                               constraints, the sections cannot be addressed now.


                             TRANSFER OF JURISDICTION

37-1-112 Transfer to another juvenile court within state.
(a) If the child resides in a county of this state and the proceeding is commenced in a court of
another county, the court, on motion of a party or on its own motion after a finding of fact, may
transfer the proceeding to the county of the child's residence for further action. Like transfer may
be made if the residence of the child changes pending the proceeding. The proceeding may be
transferred if the child has been adjudicated delinquent or unruly, or neglected or abandoned and
other proceedings involving the child are pending in the juvenile court of the county of the child's
residence.

(b) When a juvenile is on probation or in the custody of the Department of Children=s
Services and that juvenile changes the county of residence, the new county of residence
shall hear probation and aftercare violations. The School Superintendent in the new
county of residence shall be notified of the juvenile=s change in residence.

(c) Certified copies of all legal and social documents and records pertaining to the case on file
with the clerk of the court shall accompany the transfer.

37-1-141 Residence change -- Transfer of jurisdiction to another state.
(a) If the court finds that a child who has been adjudged to have committed a delinquent act or to
be unruly or dependent or neglected is or is about to become a resident of another state, the court
may defer a hearing on need for the treatment or rehabilitation and disposition and request by any
appropriate means the juvenile court of the county of the child's residence or prospective residence
to accept jurisdiction of the child.

(b) If the child becomes a resident of another state while on probation or under protective
supervision under order of a juvenile court of this state, the court may request the juvenile court of
the county of the state in which the child has become a resident to accept jurisdiction of the child
and to continue the child's probation or protective supervision.

                                                 39
(c) Upon receipt and filing of an acceptance, the court of this state shall transfer custody of the
child to the accepting court and cause the child to be delivered to the person designated by that
court to receive the child's custody. It also shall provide that court with certified copies of the
order adjudging the child to be a delinquent, unruly or dependent or neglected child, of the order
of transfer, and if the child is on probation or under protective supervision under order of the
court, of the order of disposition. It also shall provide that court with a statement of the facts
found by the court of this state and any recommendations and other information it considers of
assistance to the accepting court in making a disposition of the case or in supervising the child on
probation or otherwise. The court of this state shall transfer the complete juvenile=s record
to the accepting court.

(d) Upon compliance with subsection (c), the jurisdiction of the court of this state over the child is
terminated.

Commission Note:                The National Institute of Justice is addressing the Interstate
                                Compact issue.

37-1-142 Nonresident child -- Transfer from another state.
(a) If a juvenile court of another state requests a juvenile court of this state to accept jurisdiction
of a child found by the requesting court to have committed a delinquent act or to be an unruly or
dependent or neglected child, and the court of this state finds, after investigation that the child is,
or is about to become, a resident of the county in which the court presides, it shall promptly and
not later than fourteen (14) days after receiving the request issue its acceptance in writing to the
requesting court and direct its probation officer or other person designated by it to take physical
custody of the child from the requesting court, and bring the child before the court of this state or
make other appropriate provisions for the child's appearance before the court.

(b) Upon the filing of certified copies of the orders of the requesting court:
       (1)      Determining that the child committed a delinquent act or is an unruly or dependent
                or neglected child; and
       (2)      Committing the child to the jurisdiction of the juvenile court of this state, the court
                of this state shall immediately fix a time for a hearing on the need for treatment or
                rehabilitation and disposition of the child or on the continuance of any probation or
                protective supervision.

(c) The hearing and notice thereof and all subsequent proceedings are governed by this part. The
court may make any order of disposition permitted by the facts and this part. The orders of the
requesting court are conclusive that the child committed the delinquent act or is an unruly or
dependent or neglected child and of the facts found by the court in making the orders, subject only
to ' 37-1-139. If the requesting court has made an order placing the child on probation or under
protective supervision, a like order shall be entered by the court of this state. The court may
modify or vacate the order in accordance with ' 37-1-139.

Commission Note: The National Institute of Justice is addressing the Interstate
Compact issue.

37-1-134 -Transfer from Juvenile Court (a) After a petition has been filed alleging
delinquency based on conduct which is designated a crime or public offense under the laws,
including local ordinances, of this state, the court, before hearing the petition on the merits, may
transfer the child to the sheriff of the county to be held according to law and to be dealt with as an
                                                   40
adult in the criminal court of competent jurisdiction. The disposition of the child shall be as if the
child were an adult if:
        (1)     The child was sixteen (16) fifteen (15) years of age at the time of the alleged
                conduct, or the child was less than (16) (15) years of age if such child was charged
                with the offense of first degree murder, second degree murder, aggravated rape,
                aggravated robbery, especially aggravated robbery, aggravated kidnapping or
                especially aggravated kidnapping or an attempt to commit any such offenses. The
                district attorney general may not seek, nor may any child transferred under the
                provisions of this section receive, a disposition of death for the offense for which
                the child was transferred;
        (2)     A hearing on whether the transfer should be made is held in conformity with Sec.
                37-1-124, 37-1-126 and 37-1-127;
        (3)     Reasonable notice in writing of the time, place and purpose of the hearing is given
                to the child and the child=s parents, guardian or other custodian at least three (3)
                days prior to the hearing; and
        (4)     The court finds that there are reasonable grounds to believe that:
                (A)      The child committed the delinquent act as alleged;
                (B)      The child is not committable to an institution for the mentally retarded or
                         mentally ill; and
                (C)      The interests of the community require that the child be put under legal
                         restraint or discipline.

(b) In making the determination required by subsection (a), the court shall consider, among other
matters:
        (1)    The extent and nature of the child=s prior delinquency records;
        (2)    The nature of past treatment efforts and the nature of the child=s response thereto;
        (3)    Whether the offense was against person or property, with greater weight in favor of
               transfer given to offenses against the person;
        (4)    Whether the offense was committed in an aggressive and premeditated manner; and
        (5)    The possible rehabilitation of the child by use of procedures, services, and facilities
               currently available to the court in this state.

(c) The transfer pursuant to subsection (a) terminates jurisdiction of the juvenile court with respect
to any and all delinquent acts with which the child may then or thereafter be charged, and the child
shall thereafter be dealt with as an adult as to all pending and subsequent criminal charges;
provided, that if a child transferred pursuant to this section is acquitted in criminal court on the
charge or charges resulting in such transfer, or if such charge or charges are dismissed in such
court, this subsection shall not apply and the juvenile court shall retain jurisdiction over such
child.

(d) If a person eighteen (18) years of age or older is to be charged with an offense which was
alleged to have been committed prior to such person's eighteenth birthday, the petition shall be
brought in the juvenile court which would have had jurisdiction at the time of the offense. The
juvenile court shall either adjudicate the case under its continuing jurisdiction authority under ' 37-
1-102(b)(4)(B) and (C) or undertake transfer proceedings consistent with this section.

(e) No child, either before or after reaching eighteen (18) years of age, shall be prosecuted for an
offense previously committed unless the case has been transferred as provided in subsection (a).

(f)(1) Statements made by the child at the juvenile court hearing under this section are not

                                                  41
admissible against the child over objection in the criminal proceedings following the transfer.
       (2)     In any county in which, on July 1, 1996, the general sessions court or juvenile court
               makes audio recordings, the court shall make or cause to be made an audio
               recording of each transfer hearing conducted pursuant to this section. Such
               recording shall include all proceedings in open court and such other proceedings as
               the judge may direct and shall be preserved as a part of the record of the hearing.
               The juvenile who is the subject of the hearing may, at the juvenile's own expense,
               transcribe the recording of the hearing and a transcript so prepared may be used for
               the purpose of an appeal as provided by law. In all other counties, transfer hearings
               shall be recorded using the procedure provided in title 40, chapter 14, part 3.

(g) If the case is not transferred, the judge who conducted the hearing shall not over objection of
an interested party preside at the hearing on the petition. If the case is transferred to a court of
which the judge who conducted the hearing is also the judge, the judge likewise is disqualified
from presiding in the prosecution.

(h) A Criminal Court judge sentencing a child transferred from juvenile court pursuant to
T.C.A. 37-1-134 and subsequently found guilty shall do one of the following:
       (1)    Dispose the child to a Tennessee Juvenile Facility pursuant to Blended
              Sentencing provisions set forth in ________; or
       (2)    Dispose the child to an adult institution pursuant to the adult sentencing
              guidelines found in T.C.A. __________. After the child has been sentenced to an
              adult institution, the department of correction may file a petition requesting the
              committing court to allow the department to transfer the defendant to an
              institution for juvenile delinquents administered by the department of children's
              services. Upon the approval by such court, the defendant may be transferred by the
              department of correction to a child-caring institution to be held until the
              defendant's eighteenth birthday. At the defendant's eighteenth birthday, the
              defendant may be transferred to an adult institution if there is time remaining on
              the defendant's term. If the term expires prior to the eighteenth birthday, the
              defendant shall be released. Any child sentenced by a committing court pursuant to
              this section shall, for the purpose of parole, be treated as if such child were an
              adult. The provisions of this section relative to housing of juveniles who have
              obtained the age of eighteen (18) shall not be affected by subsections (i), (j) and
              (k).

(i) When a child transferred under this section is detained pending trial, such detention shall be in
an adult detention facility separate and removed from adult detainees. Unless the court having
adult criminal jurisdiction orders otherwise, the juvenile court may, in its discretion, order
confinement in a juvenile detention facility pending trial. However, during the period while such
child is detained separately from adult detainees, such child shall otherwise abide by the same
regulations and policies, governing conditions of imprisonment, which apply to adult detainees
who are charged with similar offenses. Similar regulations and policies governing educational
opportunities for adults shall be implemented for a child so detained, but such regulations and
policies shall in no way affect or alter the manner in which a local education agency is required to
provide educational services to a child under the federal Individuals with Disabilities Education
Act (20 U.S.C. ' 1471 et seq.).

(j) Any person, who was transferred under this section and who was less than sixteen (16) years of
age at the time of the offense and who is subsequently convicted and committed, shall be housed
in a juvenile correctional facility until such person reaches sixteen (16) years of age, at which time
                                                    42
such person may be transferred upon the order of the committing court to an adult facility. Any
person committed to an adult facility under this section shall be housed, separate and removed
from adult inmates. In exercising the commissioner's discretion under ' 41-1-403 to determine the
institutional location of any such person, the commissioner of correction shall take into
consideration the proximity of the institution to the person's home. However, during any period
while such person is confined separately from adult inmates within such regional facility, such
person shall otherwise abide by the same regulations and policies, governing conditions of
imprisonment, which apply to adult inmates who are confined for similar offenses. Similar
regulations and policies governing educational opportunities for adults shall be implemented for a
child so detained, but such regulations and policies shall in no way affect or alter the manner in
which a local education agency is required to provide educational services to a child under the
federal individuals with Disabilities Education Act (20 U.S.C. ' 1471 et seq.).

(k) Any person who is transferred under this section and who was sixteen (16) years of age or older
at the time of the offense and is subsequently convicted and committed to an adult facility
(TDOC) shall be housed in a juvenile correctional facility unless the committing court orders
commitment to an adult facility. Any person committed to an adult facility under this section shall
be housed, separate and removed from adult inmates. In exercising the commissioner's discretion
under ' 41- 1-403 to determine the institutional location of any such person, the commissioner of
correction shall take into consideration the proximity of the institution to the person's home.
However, during any period while such person is confined separately from adult inmates within
such regional facility, such person shall otherwise abide by the same regulations and policies,
governing conditions of imprisonment, which apply to adult inmates who are confined for similar
offenses. Similar regulations and policies governing educational opportunities for adults shall be
implemented for a child so detained, but such regulations and policies shall in no way affect or
alter the manner in which a local education agency is required to provide educational services to a
child under the federal individuals with Disabilities Education Act (20 U.S.C. ' 1471 et seq.).

Commission Note:              The Juvenile Justice Reform Commission does not intend for
                              those Transferred and sentenced under the adult grid to be
                              integrated with those sentenced under Blended Sentencing.

Commission Note:              The Commission intends that any child transferred pursuant
                              to this section or excluded pursuant to T.C.A. 37-1-102(3) shall
                              be subject to education benefits as provided by juvenile law.

                            BLENDED SENTENCING
37-1-XXX       Especially Aggravated Youthful Offender
(a) The court shall find the offender is an especially aggravated youthful offender, if:
       (1)    After a finding of probable cause, the district attorney files a written request
              with the court for approval of especially aggravated youthful offender status,
              and
       (2)    A finding by the court is filed within thirty (30) days stating the request for
              status as an especially aggravated youthful offender is granted; and
       (3)    The offender meets the criteria set forth in T.C.A. 37-1-102 (27).

(b) If the court approves the status of the offender as an especially aggravated youthful
offender, the offender shall elect one of the following:

       (1)     To be tried in juvenile court as an especially aggravated youthful offender
                                               43
              and if convicted, be sentenced pursuant to section (c); or
       (2)    To be tried as an especially aggravated youthful offender by a jury in adult
              criminal court and if convicted, be sentenced pursuant to section (c) below.

(c) In the event an individual is convicted as an especially aggravated youthful in juvenile
court or criminal court, the convicting court shall do one of the following:
        (1)   Sentence the individual as an especially aggravated youthful offender
              pursuant to T.C.A. ________ ; or
        (2)   Sentence the individual as a juvenile pursuant to T.C.A. __________.


37-1-XXX - Blended Sentencing Facility/Unit

(a) A Blended Sentencing Facility/Unit shall be a separate facility with educational,
vocational, and detention components. It shall separate offenders within the facility/unit
based in age and offense.

(b) The Blended Sentencing Facility/Unit shall be operated by the Department of
Corrections.
(c) The Department of Corrections may terminate a juvenile=s participation in the
Blended Sentencing program at the Departments discretion. The Department shall
promulgate rules and regulations to provide due process for offenders regarding the
decision to terminate a Blended Sentencing placement.

(d) The appeal from a decision to terminate a juvenile=s Blended Sentencing placement
shall be made directly to the committing court for a determination as to whether there was
an abuse of discretion.

(e) Blended Sentencing Facility/ Unit maintains jurisdiction until the offender reaches
twenty three (23) years of age.

37-1-XXX      Especially Aggravated Youthful Offender Sentencing Classifications -
              For the purposes of this statute, prior juvenile delinquency adjudications are
              considered at their appropriate felony classification.
40-35-109 (a) Especially mitigated offender.
       (1)    The court may find the offender is an especially mitigated offender, if:
              (A)     The offender has no prior felony adjudication; and
              (B)     The court finds mitigating, but no enhancement factors.
       (2)    If the court finds the offender an especially mitigated offender, the court shall
              reduce the offender statutory Range I minimum disposition by ten percent
              (10%), or reduce the release eligibility date to ten percent (10%) of the
              disposition, or both reductions. If the court employs both reductions, the
              calculation for release eligibility shall be made by first reducing the
              disposition and then reducing the release eligibility to ten percent (10%).
       (3)    If the offender is found to be an especially mitigated offender, the judgment
              of adjudication shall so reflect.
       (4)    The finding that an offender is or is not an especially mitigated offender is
              appealable by either party.

40-35-105 (b) Standard offender.
                                              44
       (1)    A "standard offender" is an offender not disposed as:
              (A)     A multiple offender as defined by T.C.A. 40-35-106;
              (B)     A persistent offender as defined by T.C.A. 40-35-107;
              (C)     A career offender as defined by T.C.A. 40-35-108; or
              (D) An especially mitigated offender as defined by T.C.A.40-35-109.
       (2)    The disposition for a standard offender is within Range I.
       (3)    If the judgment of adjudication does not include a disposition range, it shall
              be returned to the sentencing court to be completed.

40-35-106(c) Multiple offender.
      (1)    A "multiple offender" is an offender who has received:
             (A)     A minimum of two (2) but not more than four (4) prior felony
                     adjudications within the adjudication class, a higher class, or within
                     the next two (2) lower felony classes, where applicable; or
             (B)     One (1) Class A prior felony adjudication if the offender's adjudication
                     offense is a Class A or B felony.
      (2)    In determining the number of prior adjudications an offender has received:
             (A)     "Prior adjudication" means an adjudication for an offense occurring
                     prior to the commission of the offense for which the offender is being
                     disposed;
             (B)     All prior felony adjudications, including those occurring prior to _ are
                     included;
             (C)     Adjudications for multiple felonies committed as part of a single
                     course of conduct within twenty-four (24) hours, constitute one (1)
                     adjudication for the purpose of determining prior adjudications;
                     however, acts resulting in bodily injury or threatened bodily injury to
                     the victim or victims shall not be construed to be a single course of
                     conduct;
             (D) Prior adjudications include adjudications under the laws of any other
                     state, government, or country which, if committed in this state, would
                     have constituted an offense cognizable by the laws of this state. In
                     the event that a felony from a jurisdiction other than Tennessee is not
                     a named felony in this state, the elements of the offense shall be used
                     by the Tennessee court to determine what classification the offense is
                     given.
      (3)    An offender who is found by the court beyond a reasonable doubt to be a
             multiple offender shall receive a disposition within Range II.
      (4)    The finding that a defendant is or is not a multiple offender is appealable by
             either party.

40-35-107 (d) Persistent offender.
       (1)    A "persistent offender" is an offender who has received:
              (A)     Any combination of five (5) or more prior felony adjudications within
                      the adjudication class or higher, or within the next two (2) lower
                      felony classes, where applicable; or
              (B)     At least two (2) Class A or any combination of three (3) Class A or
                      Class B felony adjudications if the offenders adjudicated offense is a
                      Class A or B felony.
       (2)    In determining the number of prior adjudications an offender has received:
              (A)     "Prior adjudication" means an adjudication for an offense occurring
                      prior to the commission of the offense for which the offender is being
                                             45
                     disposed;
              (B)    All prior felony adjudications including those occurring prior to
                     November 1, 1989 are included;
       (3)
              (C)     Adjudications for multiple felonies committed as part of a single
                      course of conduct within twenty-four (24) hours constitute one (1)
                      adjudication for the purpose of determining prior adjudications;
                      however, acts resulting in bodily injury or threatened bodily injury
                      to the victim or victims shall not be construed to be a single course
                      of conduct; and
               (D) "Prior adjudications" includes adjudications under the laws of any
                      other state, government or country which, if in this state, would have
                      constituted an offense cognizable by the laws of this state. In the
                      event that a felony from a jurisdiction other than Tennessee is not a
                      named felony in this state, the elements of the offense shall be used
                      by the Tennessee court to determine what classification the offense is
                      given.
       (3)     An offender who is found by the court beyond a reasonable doubt to be a
               persistent offender shall receive a disposition within Range III.
       (4)( d)        The finding that an offender is or is not a persistent offender is
               appealable by either party.

40-35-108 (e) Career offender.
       (1)    A "career offender" is an offender who has received:
              (A)    Any combination of six (6) or more Class A, B or C prior felony
                     adjudications, and the offender=s adjudication offense is a Class A, B
                     or C felony;
              (B)    At least three (3) Class A or any combination of four (4) Class A or
                     Class B felony adjudications if the offender=s adjudication offense is a
                     Class A or B felony; or
              (C)    At least six (6) prior felony adjudications of any classification if the
                     defendant's adjudication offense is a Class D or E felony.
        (2) In determining the number of prior adjudications an offender has received:
              (A)    "Prior adjudication" means an adjudication for an offense occurring
                     prior to the commission of the offense for which the offender is being
                     disposed;
              (B)    All prior felony adjudications including those occurring prior to
                     November 1, 1989 are included;
              (C)    Adjudications for multiple felonies committed as part of a single
                     course of conduct within twenty-four (24) hours constitute one (1)
                     adjudication for the purpose of determining prior adjudications;
                     however, acts resulting in bodily injury or threatened bodily injury to
                     the victim or victims shall not be construed to be a single course of
                     conduct; and
              (D) "Prior adjudications" includes adjudications under the laws of any
                     other state, government, or country which, if committed in this state,
                     would have constituted an offense cognizable by the laws of this state.
                      In the event that a felony from a jurisdiction other than Tennessee is
                     not a named felony in this state, the elements of the offense shall be
                     used by the Tennessee court to determine what classification the
                     offense is given.
                                                46
       (3)    An offender who is found by the court beyond a reasonable doubt to be a
              career offender shall receive the maximum disposition within the applicable
              Range III.
       (4)(d) The finding that a defendant is or is not a career offender is appealable by
              either party.

40-35-112 37-1-XXX Disposition ranges.
(a)    A "Range I" disposition is as follows:
       (1)     For a Class A felony, not less than fifteen (15) nor more than twenty- five (25)
               years;
       (2)     For a Class B felony, not less than eight (8) nor more than twelve (12) years;
       (3)     For a Class C felony, not less than three (3) nor more than six (6) years;
       (4)     For a Class D felony, not less than two (2) nor more than four (4) years; and
       (5)     For a Class E felony, not less than one (1) nor more than two (2) years.

(b)    A "Range II" disposition is as follows:
       (1)   For a Class A felony, not less than twenty-five (25) nor more than forty (40)
             years;
       (2)   For a Class B felony, not less than twelve (12) nor more than twenty (20)
             years;
       (3)   For a Class C felony, not less than six (6) nor more than ten (10) years;
       (4)   For a Class D felony, not less than four (4) nor more than eight (8) years;
             and
       (5)   For a Class E felony, not less than two (2) nor more than four (4) years.

(c)    A "Range III" disposition is as follows:

       (1)    For a Class A felony, not less than twenty-five (25) nor more than forty (40)
              years;
       (2)    For a Class B felony, not less than twenty (20) nor more than thirty (30)
              years;
       (3)    For a Class C felony, not less than ten (10) nor more than fifteen (15) years;
       (4)    For a Class D felony, not less than eight (8) nor more than twelve (12) years;
              and
       (5)    For a Class E felony, not less than four (4) nor more than six (6) years.

(d)    A "Career" disposition is as follows:
       (1)   For a Class A felony, not less than twenty-five (25) nor more than forty (40)
             years;
       (2)   For a Class B felony, not less than thirty (30) years;
       (3)   For a Class C felony, not less than fifteen (15) years;
       (4)   For a Class D felony, not less than twelve (12) years; and
       (5)   For a Class E felony, not less than six (6) years.

37-1-XXX Release Options
(a) When an especially aggravated youthful offender reaches his or her release eligibility
date, the Board of Paroles will promptly, within 30 days hold a hearing to determine one of
the following:
        (1)    The especially aggravated youthful offender will be released into the
               community on Blended Sentencing parole pursuant to ______________; or

                                              47
        (2)      The especially aggravated youthful offender will remain in the Blended
                 Sentencing facility and case be reset for further review at a date to be
                 determined by the Board of Paroles; or
        (3)      The especially aggravated youthful offender will be placed in the custody of
                 the Department of Corrections with further release eligibility to be
                 determined by the Board of Paroles.

40-35-501 37-1-XXX Release eligibility status -- Calculations.
(a) A juvenile offender given an especially aggravated youthful offender disposition shall
serve his or her disposition according to this chapter. An offender shall not be eligible for
parole until reaching such offender=s release eligibility date as set forth in ___or six (6)
months prior to age twenty-three (23), whichever occurs first.

(b) Release eligibility for each offender disposed as a Range I standard offender shall occur
after service of twenty percent (20%) of the actual disposition imposed less disposition
credits earned and retained by the offender.

(c) Release eligibility for each offender disposed as a Range II multiple offender shall
occur after service of twenty-five percent (25%) of the actual disposition imposed less
disposition credits earned and retained by the offender.

(d) Release eligibility for each offender disposed as a Range III persistent offender shall
occur after service of thirty-five percent (35%) of the actual disposition imposed less
disposition credits earned and retained by the offender.

(e) Release eligibility for each offender disposed as a career offender shall occur after
service of forty-five percent (45%) of the actual disposition imposed less disposition credits
earned and retained by the offender.

(f)(1) Release eligibility for a person committing an offense, on or after _________that is
enumerated in subdivision (2) shall occur after service of sixty-five (65%) of the disposition
imposed by the court less disposition credits earned and retained. However, no sentence reduction
credits authorized by ' 41-21-236, or any other provision of law, shall operate to reduce the sentence imposed by
the court by more than fifteen percent (15% ).

        (2)      The offenses to which the provisions of subdivision (1) apply are:
                 (A)    Murder in the first degree;
                 (B)    Murder in the second degree;
                 (C)    Especially aggravated kidnapping;
                 (D) Aggravated kidnapping;
                 (E)    Especially aggravated robbery;
                 (F)    Aggravated rape;
                 (G)    Rape;
                 (H) Aggravated sexual battery;
                 (I)    Rape of a child;
                 (J)    Aggravated arson; or
                 (K)    Aggravated child abuse.

(j) (g) The release eligibility date provided for herein is separately calculated for each
offense for which a juvenile is convicted. For consecutive sentences, the periods of

                                                       48
ineligibility for release are calculated for each sentence and are added together to
determine the release eligibility date for the consecutive sentences.

(n) (h) Notwithstanding any other provision of this chapter relating to release eligibility,
and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in
chapter 34 of this title, the board of paroles is authorized to grant a prisoner parole as
specified in a sentence agreement entered into by the prisoner, the department, and the
board. In granting such parole, the board may impose any conditions and limitations that
the board deems necessary.

(o) (i) Notwithstanding any other provision of the law to the contrary, the department is
responsible for calculating the sentence expiration date and the release eligibility date of
any felony offender sentenced to the department and any felony offender sentenced to
confinement in a local jail or workhouse for one (1) or more years.

(p) (j) To assist the department in fulfilling the duty specified in subsection (m), the clerk
of the court shall send a copy of each judgment document for a felony conviction to the
department. These copies shall be forwarded to the department no less than one (1) time
each month so that all judgments rendered in one (1) calendar month have been received
by the department by the fifteenth day of the following month.

37-1-XXX      Board of Paroles-Jurisdiction

(a) The Tennessee Board of Paroles as defined in T.C.A. 40-28-103 shall have jurisdiction
over an especially aggravated youthful offender sentenced under Blended Sentencing for
purposes of determining community placement and parole in a Blended Sentencing
Facility/Unit.

(b) The committing court shall retain jurisdiction until the offender is twenty-three (23)
years old for the purposes of appealing decisions made by the Department of Corrections
regarding removal of the offender from the Blended Sentencing placement

                             LEGISLATIVE EXCLUSION

Any juvenile, fifteen (15) years of age or older, who is charged with the following
offenses, shall be considered an adult and proceedings against such individuals
shall be initiated in accordance with Title 40 of the Tennessee Code:
              (a)     First Degree Murder; Attempted First Degree Murder; Second
                      Degree Murder; Attempted Second Degree Murder; or
                      eighteen (18) years of age or older;
              (b)     Aggravated Rape; Especially Aggravated Robbery; Aggravated
                      Robbery; Especially Aggravated Kidnapping; Aggravated
                      Kidnapping.

              Note: See T.C.A.40-20-101 for sentencing provisions.


          APPEALS/MODIFICATION AND VACATION OF ORDERS

                                              49
37-1-139 - Modification or Vacation of Orders

Commission Note:               The Commission was not able to review this section and this
                               section is open to review at a later date. The Commission
                               recognizes potential amendments are needed, but due to time
                               constraints, the sections cannot be addressed now.


37-1-159.1 Referee Appeals (a) If and only if a nonlawyer judge presides at the transfer
hearing in juvenile court, then the criminal court, upon motion of the child filed within ten (10)
days of the juvenile court order, excluding nonjudicial days, shall hold a hearing as expeditiously as
possible to determine whether it will accept jurisdiction over the child; provided, that if no such
motion is filed with the criminal court within the ten-day period, excluding nonjudicial days, such
child shall be subject to indictment, presentment or information for the offense charged and thus
subject to trial as an adult. At this hearing, which is de novo, the criminal court shall consider:
        (1)      Any written reports from professional court employees, professional consultants as
                 well as the testimony of any witnesses; and
        (2)      Those issues considered by the juvenile court pursuant to ' 37-1- 134(a) and (b).

(e) (b) Following a hearing held pursuant to subsection (d) (a), the criminal court may:
        (1)    Remand the child to the jurisdiction of the juvenile court for further proceedings
               and disposition pursuant to ' 37-1-131, such remand order reciting in detail the
               court's findings of fact and conclusions of law; or
        (2)    Enter an order certifying that it has taken jurisdiction over the child. This order
               shall recite, in detail, the court's finding of fact and conclusions of law. Following
               the order, the child shall be subject to indictment, presentment or information for
               the offenses charged. The criminal court judge who conducted the hearing to
               accept jurisdiction shall not thereby be rendered disqualified to preside at the
               criminal trial on the merits.

(f) (c) Appeals from an order of the criminal court pursuant to subsection (e) (b) may be carried to
the court of criminal appeals in the manner provided by the Tennessee Rules of Appellate
Procedure only following a conviction on the merits of the charge. This is the exclusive method of
appeal from a finding that the criminal court accepts jurisdiction. The state may appeal to the
court of criminal appeals a finding that the child be remanded to the juvenile court upon the
ground of abuse of discretion. Pending the appeal by the state, the criminal court shall make a
determination of whether or not the child shall be released on the child's own recognizance, or on
bond, or held in the custodial care of the sheriff of the county.
(g) (d) Appeals in all other civil matters heard by the juvenile court shall be governed by the
Tennessee Rules of Appellate Procedure.

Commission Note:               This statute was not intended to alter the appeal process for
                               dependent/neglect cases.

37-1-159.2 Appeals from Delinquency Findings/Dispositions
(a) The juvenile court shall be a court of record; and any appeal from any final order or judgment
in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to ' 37-1-134,
may be made in accordance with the Tennessee Rules of Criminal Procedure. to the criminal
court or court having criminal jurisdiction which shall hear the testimony of witnesses and try the
                                                  50
case de novo; and any appeal from any final order or judgment in an unruly child proceeding or
dependent and neglect proceeding, filed under this chapter, may be made to the circuit court which
shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected
within ten (10) days, excluding nonjudicial days, following the juvenile court's disposition. If a
rehearing of a matter heard by a referee is not requested or provided pursuant to ' 37-1-107(e), the
date of the expiration of the time within which to request rehearing shall be the date of disposition
for appeal purposes, and the parties and their attorneys shall be so notified by the referee. If there
is a rehearing by the judge, the appeal period shall commence the day after the order of disposition
is entered.

(b) An appeal does not suspend the order of the juvenile court, nor does it release the child from
the custody of that court or of that person, institution or agency to whose care the child has been
committed. Pending the hearing, the criminal court or circuit court may make the same temporary
disposition of the child as is vested in juvenile courts; provided, that until the criminal court or
circuit court has entered an order for temporary disposition, the order of the juvenile court shall
remain in effect.

(c) When an appeal has been perfected, the juvenile court shall cause the entire record in the case,
including the juvenile court's findings and written reports from probation officers, professional
court employees or professional consultants, to be taken forthwith to the criminal court or circuit
court whose duty it is, either in term or in vacation, to set the case for an early hearing. When a n
appeal is taken from a juvenile court's decision that involves the removal of a child or children
from the custody of their natural and/or legal parents or guardian or from the department of
children's services, or when the decision appealed involves the deprivation of a child's liberty as
the result of a finding that such child engaged in criminal activity, such hearing shall be held within
forty-five (45) days of receipt of the findings and reports. In its order, the criminal court or circuit
court shall remand the case to the juvenile court for enforcement of the judgment rendered by the
criminal court or circuit court. Appeals from an order of the criminal court or circuit court
pursuant to this subsection may be carried to the court of appeals as provided by law.

37-1-159.3 (a d) There is no civil or interlocutory appeal from a juvenile court's disposition
pursuant to ' 37-1-134. A juvenile court disposition pursuant to Sec. 37-1-134 shall be
appealable at the request of the juvenile pursuant to the following conditions:
       (1)      The appeal hearing is on the record,
       (2)      The appeal is based on an abuse of discretion by the court, and
       (3)      The standard of review applied is based on a presumption of correctness on
                behalf of the court.


                              COURT FILES AND RECORDS

37-1-153 Court files and records -- Inspection limited -- Exceptions for certain
violent offenders.
(a) Except in cases arising under ' 37-1-146, all files and records of the court in a proceeding under
this part are open to inspection only by:
        (1)     The judge, officers and professional staff of the court;
        (2)     The parties to the proceeding and their counsel and representatives;
        (3)     A public or private agency or institution providing supervision or having custody of
                the child under order of the court;

                                                  51
       (4)     A court and its probation and other officials or professional staff and the attorney
               for the defendant for use in preparing a presentence report in a criminal case in
               which the defendant is convicted and who prior thereto had been a party to the
               proceeding in juvenile court; and
       (5)     With permission of the court any other person or agency or institution having a
               legitimate interest in the proceeding or in the work of the court.

(b) Notwithstanding the provisions of subsection (a), petitions and orders of the court in a
delinquency proceeding under this part shall be opened to public inspection and their content
subject to disclosure to the public if:
        (1)     The juvenile is fourteen (14) or more years of age at the time of the alleged act; and
        (2)     The conduct constituting the delinquent act, if committed by an adult, would
                constitute first degree murder, second degree murder, rape, aggravated rape,
                aggravated robbery, especially aggravated robbery, kidnapping, aggravated
                kidnapping or especially aggravated kidnapping.

(c) Notwithstanding the provisions of this section, if a court file or record contains any documents
other than petitions and orders, including, but not limited to, a medical report, psychological
evaluation or any other document, such document or record shall remain confidential.

(d) If the record is subpoenaed or transferred for use in any other matter, the record shall
remain confidential as set forth in this section and be returned to the juvenile court clerk
upon conclusion of the matter.

(e) Any unauthorized disclosure will be contempt of court or a Class B Misdemeanor.

37-1-154 Law enforcement records -- Inspection limited -- Exceptions for certain
violent offenders.

(a) Unless a charge of delinquency is transferred for criminal prosecution under ' 37-1-134, the
interest of national security requires or the court otherwise orders in the interest of the child, the
law enforcement records and files shall not be open to public inspection or their contents disclosed
to the public; but inspection of the records and files is permitted by:
        (1)      A juvenile court having the child before it in any proceeding;
        (2)      Counsel for a party to the proceeding;
        (3)      The officers of public institutions or agencies to whom the child is committed;
        (4)      Law enforcement officers of other jurisdictions when necessary for the discharge of
                 their official duties; and
        (5)      A court in which such child is convicted of a criminal offense for the purpose of a
                 presentence report or other dispositional proceeding, or by officials of penal
                 institutions and other penal facilities to which such child is committed, or by a
                 parole board in considering such child's parole or discharge or in exercising
                 supervision over such child.

(b) Notwithstanding the provisions of subsection (a), petitions and orders of the court in a
delinquency proceeding under this part shall be opened to public inspection and their content
subject to disclosure to the public if:
        (1)     The juvenile is fourteen (14) years of age or older at the time of the alleged act; and
        (2)     The conduct constituting the delinquent act, if committed by an adult, would
                constitute first degree murder, second degree murder, rape, aggravated rape,
                                                  52
               aggravated robbery, especially aggravated robbery, kidnapping, aggravated
               kidnapping or especially aggravated kidnapping.

(c) Notwithstanding the provisions of this section, if a court file or record contains any documents
other than petitions and orders, including, but not limited to, a medical report, psychological
evaluation or any other document, such document or record shall remain confidential.

(d) If the record is subpoenaed or transferred for use in any other matter, the record shall
remain confidential as set forth in this section and be returned to the juvenile court clerk or
appropriate agency upon conclusion of the matter.

(e) Any unauthorized disclosure will be contempt of court or a Class B Misdemeanor.

37-1-155 FINGERPRINTS and PHOTOGRAPHS -- Use -- When destroyed.
[No Change]

37-5-107 Confidentiality of Records

(e) Any unauthorized disclosure will be contempt of court or a Class B Misdemeanor.

Commission Comment: The Commission was not able to review this section in full and this
section is open to review at a later date. The Commission recognizes potential amendments are
needed, but due to time constraints, the sections cannot be addressed now.

                        MENTAL CONDITION OF JUVENILE

37-1-135 Mentally ill or mentally retarded child - Disposition.
Commission Comment: The Commission was not able to review this section and this
section is open to review at a later date. The Commission recognizes potential
amendments are needed, but due to time constraints, the sections cannot be addressed
now.

37-1-128 Investigations -- Emergency temporary care and custody -- Physical and
mental examinations -- Evaluation and commitment for mental illness or mental
retardation -- Pilot projects.

(a)(1) When a child alleged to be delinquent or unruly is brought before the court, the court may
notify a probation officer attached to the court or any such person, persons or agencies available to
the court, or to the department of children's services, and it shall be their duty to:
                (A)     Make an investigation of the case;
                (B)         Be present in court to report when the case is heard;
                (C)     Furnish such information and assistance as the court may require; and
                (D)     Take charge of any child before or after the hearing as may be directed by
                        the court.
        (2)     A probation officer shall have, as to any child committed to such officer's care, the
                powers of a law enforcement officer. At any time, the probation officer may bring
                such child before the court committing the child to the officer's care for further
                action as the court may deem fit and proper.

                                                 53
(b)(1) When a petition is filed in the juvenile court alleging a child to be either an abandoned child
or a dependent and neglected child, it is the function of the juvenile court, when necessary, to give
the child emergency temporary care, and the court shall forthwith refer the case to the county
director of public welfare to investigate the social conditions of the child and to report the findings
to the court to aid the court in its disposition of the child. The director shall submit such director's
findings pursuant to an order from the court. If the child who is the subject of the petition is in the
custody of a licensed child-placing agency, or, if the petition is filed by a licensed child-placing
agency, the referral may be made to the licensed child-placing agency having custody of the child
or filing the petition in lieu of a referral to the director. The court may make informal adjustment
of such cases as is provided by ' 37-1-110.
         (2)     When the court finds, based upon a sworn petition or sworn testimony containing
                 specific factual allegations, that there is probable cause to believe that the
                 conditions specified in ' 37-1-114(a)(2) exist and the child is in need of the
                 immediate protection of the court, the court may order that the child be removed
                 from the custody of the child's parent, guardian or legal custodian, pending further
                 investigation and hearing for a period not to exceed three (3) days, excluding
                 Saturdays, Sundays and legal holidays. In no case shall such order remain in effect
                 for more than two (2) days, excluding Saturdays, Sundays and legal holidays, unless
                 a petition is filed within the two-day period. If the child is not returned to the
                 parent, guardian or legal custodian within such three-day period, a hearing shall be
                 conducted pursuant to ' 37-1-117(c). The provisions of the preceding sentence may
                 be waived by express and knowing waiver, by the parties to an action, including the
                 parents, guardian or legal custodian, and the child or guardian ad litem for the child,
                 if the child is of tender years. Any such waiver may be revoked at any time, at
                 which time the provisions of this section shall apply. In lieu of any disposition of
                 the child authorized by the preceding sentence, the court may, in its discretion,
                 authorize a representative of the department to remain in the child's home with the
                 child until a parent, legal guardian or relative of the child enters the home and
                 expresses a willingness and apparent ability to resume permanent charge of the
                 child, or, in the case of a relative, to assume charge of the child until a parent or
                 legal guardian enters the home and expresses such willingness and apparent ability.

(c)(1) At any time prior to a child being adjudicated unruly or dependent and neglected, or before
the disposition of a child who has been adjudicated delinquent, unruly or dependent and neglected,
the court may order that the department make an assessment of the child and report the findings
and recommendations to the court. Such order of referral shall confer authority to the department
or its designees to transport the child and to obtain any necessary evaluations of the child without
further consent of the parent(s), legal custodian or guardian.
         (2)    If, during the evaluation or assessment, the department determines that there is a
                need for treatment for either the mental or physical well being of the child, consent
                of the parent(s), guardian or current legal custodian shall be obtained. If such
                consent cannot be obtained, the department may apply to the court for
                authorization to provide consent on behalf of the child. If a child is suspected of
                being in need of or is eligible for special education services, then state and federal
                laws governing evaluation and placement must be followed.
         (3)    A report to the court of the department's recommendations shall be made within
                fifteen (15) days which may be extended up to thirty (30) days for good cause
                following the court's order of referral. The department shall include in the report a
                review of the child's previous records including, but not limited to, health and

                                                  54
                education records, a review of the child's family history and current family status,
                and a written recommendation concerning the child's status.
        (4)     Any order of the court which places custody of a child with the department shall
                empower the department to select any specific residential or treatment placements
                or programs for the child according to the determination made by the department,
                its employees, agents or contractors.

(d) During the pendency of any proceeding, the court may order the child examined at a suitable
place by a physician regarding the child's medical condition, and may order medical or surgical
treatment of a child who is suffering from a serious physical condition or illness which requires
prompt treatment, even if the parent, guardian or other custodian has not been given notice of a
hearing, is not available, or without good cause informs the court of such person's refusal to
consent to treatment.
(e)(1) If, during the pendency of any proceeding under this chapter, there is reason to believe that
the child may be suffering from mental illness, the court may order the child to be evaluated on an
outpatient basis by a community mental health center, mental health institute or licensed private
practitioner. If, during the pendency of any proceeding under this chapter, there is reason to
believe that the child may be suffering from mental retardation, the court may order the child to be
evaluated on an outpatient basis by the community mental health center, developmental center or
licensed private practitioner designated by the commissioner of mental health and mental
retardation to serve the court. If the professional attempting to perform the evaluation for mental
illness or mental retardation determines that the evaluation cannot be performed properly on an
outpatient basis, the court may order the child placed in a hospital or treatment resource, as
defined in ' 33-1-101, for the purposes of evaluation and for treatment necessary to the evaluation,
for not more than thirty (30) days. If the court determines that there is reason to believe that the
child:
                 (A)     Is mentally ill; and
                 (B)         Poses an immediate substantial likelihood of serious harm, as defined in
                         ' 33-6-104(a), because of the mental illness;

the court may order the child placed in a hospital or treatment resource, as defined in ' 33-1-101,
for the purposes of evaluation and for treatment necessary to the evaluation, for not more than
thirty (30) days. If a child is placed in a state-supported facility, the child shall be in the custody of
the commissioner.
         (2)    If an evaluation is ordered under this subsection, the evaluator shall file a complete
                report with the court which shall include:
                (A)      Whether the child is mentally ill or mentally retarded;
                (B)           Identification of the care, training or treatment required to address
                         conditions of mental illness or mental retardation which are found, and
                         recommendations as to resources which may be able to provide such
                         services;
                (C)      Whether the child is subject to voluntary or involuntary admission or
                         commitment for inpatient or residential services or for commitment to the
                         custody of the department of mental health and mental retardation for such
                         conditions under title 33; and
                (D)      Any other information requested by the court which is within the
                         competence of the evaluator.

        (3)     If it appears from the evaluation report and other information before the court that
                the child is in need of care, training or treatment for mental illness or mental

                                                    55
               retardation, the court may proceed in accordance with other provisions of this
               chapter or may order that proceedings be initiated before the court under ' 33-3-
               203, ' 33-5-305 or ' 33-6-104.
       (4)     When transportation of the child is necessary to obtain evaluations under this
               subsection, the court may order the child transported with the cost of the
               transportation borne by the county from which the child is sent.
       (5)     If a community mental health center receives grants or contracts from the
               department of mental health and mental retardation for services for mental illness
               or mental retardation and the commissioner has not designated another provider of
               outpatient evaluation for the court, the department shall contract with the center
               for evaluation services under this subsection, and the center shall provide such
               services ordered under this subsection by courts in the center's catchment area.

(f) [Deleted by 1996 amendment, effective July 1, 1997]

(g) After adjudication, but prior to the disposition of a child found to be dependent and neglected,
delinquent, unruly or in need of services under ' 33-3-203, the court may place the child in custody
of the department of children's services for the purpose of evaluation and assessment if the
department has a suitable placement available for such purpose. If the department determines that
there is no suitable placement available, the court shall not order the department to take custody
of the child for the purpose of evaluation and assessment. Such pre-disposition custody shall last
for a maximum of thirty (30) days and the court shall have a hearing to determine the appropriate
disposition before the expiration of the thirty (30) days.

Commission Note:           The Commission recognizes that there are numerous difficulties
                           associated with subsection (e); however, it defers any revisions to
                           the Department of Mental Health and Mental Retardation, which
                           is currently reviewing the legal process surrounding mental health
                           evaluations ordered by the Juvenile Court.


                                PARENTS AND GUARDIANS

37-1-140 - Legal Custodian

Commission Note:           The Commission was not able to review this section and this
                           section is open to review at a later date. The Commission
                           recognizes potential amendments are needed, but due to time
                           constraints, the sections cannot be addressed now.

37-1-170 - Joinder of Parents or Guardians

Commission Note:           The Commission was not able to review this section and this
                           section is open to review at a later date. The Commission
                           recognizes potential amendments are needed, but due to time
                           constraints, the sections cannot be addressed now.

37-1-174 - Order Affecting Delinquent Juvenile=s Parent of Guardian

                                                56
Commission Note:   The Commission was not able to review this section and this
                   section is open to review at a later date. The Commission
                   recognizes potential amendments are needed, but due to time
                   constraints, the sections cannot be addressed now.




                                     57
37-1-XXX Juvenile Grid
 Felony Class   Mitigated    Standard            Multiple       Persistent    Career        85% Crimes     100% Crimes
                (0 priors)   Range 1             Range 2        Range 3
                             (0-1 priors)        (2-4 priors)   (5+ priors)
 A              13.5         15-25               25-40          40-60A,25-    60A, 25-40J   55% of adult   65% of adult
 Adult %        20%          30%                 35%            40J           60%
 Adult years    2.7          4.5-7.5             8.8-14         45%           36
 Juvenile %     10%          20%                 25%            18-27         45%
 Juvenile       1.35         3-5                 6.25-10        35%           11.25-18
 years                                                          8.75-14
 B              7.2          8-12                12-20          20-30         30            55% of adult   65% of adult
 Adult %        20%          30%                 35%            45%           60%
 Adult years    1.4          2.4-3.6             4.2-7          9-13.5        18
 Juvenile %     10%          20%                 25%            35%           45%
 Juvenile       .72          1.6-2.4             3-5            7-10.5        13.5
 years
 C              2.7          3-6                 6-10           10-15         15            55% of adult   65% of adult
 Adult %        20%          30%                 35%            45%           60%
 Adult years    .5           .9-1.8              2.1-3.5        4.5-6.8       9
 Juvenile %     10%          20%                 25%            35%           45%
 Juvenile       .27          .6-1.2              1.5-2.5        3.5-5.25      6.75
 years
 D              1.8          2-4                 4-8            8-12          12            55% of adult   65% of adult
 Adult %        20%          30%                 35%            45%           60%
 Adult years    .4           .6-1.2              1.4-2.8        3.6-5.4       7.2
 Juvenile %     10%          20%                 25%            35%           45%
 Juvenile       .18          .4-.8               1-2            2.8-4.2       5.4
 years
 E              .9           1-2                 2-4            4-6           6             55% of adult   65% of adult
 Adult %        20%          30%                 35%            45%           60%
 Adult years    .2           .3-.6               .7-1.4         1.8-2.7       3.6
 Juvenile %     10%          20%                 25%            35%           45%
 Juvenile       .09          .2-.4               .5-1           1.4-2.1       2.7
 years



                                            58
40-20-101 - Judgment after verdict - Modification of Verdict.

(c) If jurisdiction of the criminal court is pursuant to T.C.A. 37-1-102(3) and the offender is
found guilty of a lesser included offense not set forth in T.C.A. 37-1-102(3), the court may
sentence the offender pursuant to the Blended Sentencing provisions set forth in T.C.A. 37-
1- XXX (c)(1) (Especially Aggravated Youthful Offender).

[The rest of the statute remained unchanged.]

                                            TRUANCY

49-6-3001 School age -- Entrance -- Attendance -- Withdrawal.
(a) The public schools shall be free to all persons above the age of five (5) years, or who will
become five (5) years of age on or before September 30, residing within the state.

(b)(1) Any child residing within the state who is five (5) years of age or who will become five (5)
years of age on or before September 30 may enter at the beginning of the term the public school
designated by the local board of education having appropriate jurisdiction; provided, that such
child enters within thirty (30) days after the opening day of the term.
        (2)     Any child who will not become five (5) years of age until after December 31 shall
                not enter school during that school year; provided, that school systems having
                semiannual promotions may admit at the beginning of any semester children who
                will become five (5) years of age within sixty (60) days following the opening of the
                semester.
        (3)     Where a pupil meets the requirements of the state board of education for transfer
                and/or admission purposes, as determined by the commissioner of education, such
                pupil may be admitted by a local board of education, notwithstanding any other
                provision or act to the contrary.

(c)(1) Every parent, guardian or other legal custodian residing within this state having control or
charge of any child or children between six (6) years of age and seventeen (17) sixteen (16) years
of age, both inclusive, shall cause such child or children to attend public or non-public school, and
in event of failure to do so, shall be subject to the penalties hereinafter provided. The local
education agency in which a transfer student seeks to enroll may require disclosure and copies of
the student's records in accordance with the Family Education Rights and Privacy Act (12 USC '
1232g et seq.), including, but not limited to, disciplinary records from educational agencies where
the student was previously enrolled.
        (2)      The provisions of subdivision (c)(1) do not apply to any child who:
                 (A)    Has received a diploma or other certificate of graduation issued to the
                        person from a secondary high school of this state or any other state;




                                                  59
               (B)          Is enrolled and making satisfactory progress in a course leading to a
                       general educational development certificate (GED) from a state-approved
                       institution or organization, or who has obtained such certificate. Any
                       institution or organization which enrolls a child who is under eighteen (18)
                       years of age shall provide a report to the local board of education at least
                       three (3) times each year relative to the progress of all such persons under
                       eighteen (18) years of age. If the local board of education determines any
                       child under eighteen (18) years of age is not making satisfactory progress,
                       then such child shall be subject to the provisions of subdivision (c)(1);
               (C)     Is six (6) years of age or younger and whose parent or guardian has filed a
                       notice of intent to conduct a home school with the superintendent of local
                       education agency or with the superintendent of a church-related school; or
               (D)     A student enrolled in a home school who has reached seventeen (17) years
                       of age.

       (3) For the purposes of this part, "public school" and "non-public school" are defined as
           follows:
               (A)    "Non-public school" means a church-related school, home school or private
                      school;
                      (i)      "Church-related school" means a school as defined in ' 49-50-801;
                      (ii)     "Home school" means a school as defined in ' 49-6-3050; and
                      (iii)    "Private school" means a school accredited by, or a member of, an
                               organization or association approved by the state board of education
                               as an organization accrediting or setting academic requirements in
                               schools, or which has been approved by the state, or is in the future
                               approved by the commissioner in accordance with rules
                               promulgated by the state board of education; and
               (B)          "Public school" means any school operated by a local education agency
                      or by the state with public funds.

       (4)     A parent or guardian with any good and substantial reason as determined by such
               parent or other person having legal custody of a child, and agreed to by the
               respective local board of education, may withdraw such parent or other person's
               child from a public school; provided, that within thirty (30) days the parent or
               person having legal custody of the child places the child in a public school
               designated by such local board of education, or in a non-public school, as herein
               defined.

       (5)     A parent or guardian who believes that such parent's or guardian's child is not ready
               to attend school at the designated age of mandatory attendance may make
               application to the principal of the public school which the child would attend for a
               one (1) semester or one (1) year deferral in required attendance. Any such deferral
               shall be reported to the superintendent of the local education agency by the
               principal.

49-6-3002 State attendance guidelines -- No penalty for period of hospital or
homebound instruction.

(a) The state board of education, with input from the appropriate Superintendent, shall
promulgate rules, in accordance with the provisions of the Uniform Administrative Procedures
Act, compiled in title 4, chapter 5, which prescribe guidelines for use by local boards of education
in establishing standards and policies governing student attendance, subject to availability of
funds. Such guidelines shall include, but not be limited to, the following stipulations:
                                                 60
61
       (1)     Attendance policies shall be firm but fair so that each student has a reasonable
               opportunity to meet the minimum requirements;
       (2)     Effective accounting and reporting procedures shall be developed to keep parents
               or guardians informed of a student's absence from class;
       (3)     Policies shall accommodate extenuating circumstances created by emergencies over
               which the student has no control;
       (4)     Appeal procedures shall be included to assure the student's right of due process;
               and
       (5)     Alternative programs shall be established to provide educational options for any
               student who severely fails to meet minimum attendance requirements. Programs
               shall be developed to provide alternative educational plans for any student
               who fails to meet minimum attendance requirements.

(b) Notwithstanding the provisions of any law to the contrary, if a student is unable to attend
regular classes because of illness, injury, or pregnancy and if the student has participated in a
program of hospital or homebound instruction administered or approved by the local education
agency, then the student shall not be penalized for grading purposes nor be denied course
completion, grade level advancement, or graduation solely on the basis of the student's absence
from the regular classroom during the period of such hospital or homebound instruction.

49-6-3003 Tuition or other fees. [No Changes.]

49-6-3004 School term. [No Changes.]

49-6-3005 Children excused from compulsory attendance.

(a) The following classes of children between six (6) and seventeen (17) sixteen (16) years of age,
both inclusive, shall be temporarily excused from complying with the provisions of this part, the
local board of education to be sole judge in all such cases involving children who are enrolled in a
public school and, as to children enrolled in a non-public school, as defined by '49-6-
3001(c)(3)(A), the superintendent of the school to be the sole judge in all such cases:
        (1)     Children mentally or physically incapacitated to perform school duties (such
                disability to be attested by a duly licensed physician in all cases);
        (2)     Children who have completed high school and hold a high school diploma;
        (3)     Children temporarily excused from attendance in school under rules and regulations
                promulgated by the state board of education, which rules and regulations shall not
                be in conflict with ' 50-5-103, or any other law governing child labor in this state;
        (4)     Children six (6) years of age or under whose parent or guardian have filed a notice
                of intent to conduct a home school as provided by ' 49-6-3001 or who are
                conducting a home school as provided by ' 49-6-3050; and




                                                 62
       (5)     Children who have attained their seventeenth sixteenth (16 th ) birthday and whose
               continued compulsory attendance, in the opinion of the board of education in
               charge of the school to which such children belong and are enrolled, results in
               detriment to good order and discipline and to the instruction of other students and
               is not of substantial benefit to such children; provided, however, such child or
               his/her parents shall first file a request for a waiver of the requirement of
               compulsory attendance with the appropriate board of education. Such
               request shall state the reason therefore and state a plan for employment and
               future education of the child. Upon receipt of such a request by the
               appropriate board of education, such request shall be referred to the truancy
               review board serving such board of education. The truancy review board
               shall make a recommendation to the local board of education in charge of
               the school to which such child belongs as to the granting of a conditional or
               unconditional release and, in making such recommendation, shall consider
               the following factors:
               (A)     Previous attendance of the child;
               (B)     Disciplinary records of the child;
               (C)     Previous records of academic achievement of the child;
               (D) Employment or other plans of the child;
               (E)     Plans of the child to obtain a high school diploma through the GED
                       program;
               (F)     The recommendation in writing from the superintendent of the
                       system and the principal of the school to which such child or children
                       belong; and
               (G)     Any other factor which, in the opinion of the truancy review board, is
                       relevant to the granting of a release from compulsory attendance.

(b) The truancy review board may require the child and/or his/her parents to provide any
information which the truancy review board considers relevant to its recommendation.

(c) After review of the recommendation of the truancy review board, the board of
education may, in its sound discretion, grant a conditional release from compulsory
attendance and may require the child to comply with such conditions as the board of
education deems appropriate, including but not limited to:
       (1)     Obtaining of a GED diploma;
       (2)     Continued employment on a full-time basis; or
       (3)     Such other conditions as the local board of education may deem appropriate.

(d) Should the child violate any of the conditions of his/her conditional release from
compulsory attendance, the local board of education may revoke the release and both the
child and his/her parents shall be subject to compulsory attendance as required by this
chapter. In addition to any other violations of the conditions of the child=s conditional
release from compulsory attendance, the board of education shall revoke the conditional
release in the event the child is convicted of a delinquent or an unruly act as defined by
Tennessee law.

(b) In all such cases, the board shall first obtain the recommendation in writing from the
superintendent of the system and the principal of the school to which such child or children
belong.

(c) (e) No child who is refused attendance in a school nearer to such child's residence having
equivalent grade levels and curriculum shall be required to attend public or non-public school as
provided in ' 49-6-3001.

                                                63
64
(d) (f) In addition to the categories of children specified in subsection (a), the local board of
education may excuse children from attendance in accordance with guidelines developed by the
state board of education for this purpose. The state board of education shall have the guidelines
approved by the joint oversight committee on education before implementation.
[Staff note: Commission did not completely number and label above, left to staff judgement]

49-6-3006 Attendance officers. Truancy Review Board and Attendance
Officers/Teachers

(a) The sole responsibility and authority for the enforcement of the compulsory attendance laws,
compiled in this part, are hereby placed in the local board of education and its designated
employees and officers. For the purposes of this section, ATruancy@ means any absence of
part or all of one or more days from school during which the school attendance
officer/teacher, principal, or teacher has not been notified of the legal cause of such
absence by the parent or guardian of the absent student.

(b) (1) To facilitate the enforcement of this part, each local board of education or appointed
superintendent and the judge having jurisdiction over juvenile proceedings in the county
shall create a voluntary Truancy Review Board (TRB).
        (2)      The members of the TRB shall include, but not be limited to, the following
                 persons, whenever practicable : at least one (1) qualified full-time attendance
                 officer/teacher, whose duty it shall be to assist the board, under the direction of
                 the superintendent, to enforce the compulsory attendance laws of the state, and to
                 discharge such other duties as are usually performed by, or delegated to, attendance
                 officers/teachers; at least one (1) person appointed by the judge having
                 jurisdiction over juvenile proceedings in the county; at least one (1)
                 representative or staff member of a local mental health agency; at least one
                 (1) parent whose child attends a school operated by the applicable board of
                 education; at least one (1) person representing the medical community; at
                 least one (1) person representing the business community; at least one (1)
                 person representing the social service community; at least one (1) person
                 representing a local law enforcement agency; a parent whose child attends
                 school in the community; and one (1) twelfth grade high school student to
                 act as an advisor. The superintendent and the judge having jurisdiction over
                 juvenile proceedings in the county shall appoint one (1) member of the TRB
                 to serve as a chair for a two year term. No chair is to serve more than two
                 consecutive terms.
        (3)      Each TRB may be divided into panels of at least three persons, representing
                 at least three of the categories of members referred to in paragraph (b)(2),
                 above, to carry out the functions of the TRB. Any action taken by such a
                 panel shall be deemed to be an action of the TRB and shall have the same
                 force and effect as if taken by the entire TRB.
        (4)      The TRB or its panels shall meet as often as required to carry out the duties
                 of the TRB. The chair and school attendance officer/teacher, or their
                 designee shall make the assignments to each panel and shall schedule
                 meetings and hearings. As much as practical, the work assignments and
                 work-load shall be divided in an equitable manner between or among the
                 panels.




                                                 65
       (5)     The superintendent and the judge having jurisdiction over juvenile
               proceedings in the county, or their designees, shall be responsible for
               determining the duties consistent with the requirement of this chapter as
               well as monitoring the activities and evaluating the effectiveness of the TRB.
       (6)     The superintendent and the judge having jurisdiction over juvenile
               proceedings in the county shall insure that the members of the TRB receive
               appropriate training prior to the members= participation on the TRB or
               panels thereof.
       (7)     The superintendent and the judge having jurisdiction over juvenile
               proceedings in the county shall provide one or more persons to furnish the
               TRB with the necessary clerical/administrative and support staff and one or
               more case workers to assist in the preparation, presentation, review, and
               follow-up of the cases being considered by the TRB or its panels.

(c) Each local school system shall employ at least one (1) full-time school attendance
officer/teacher and not less than one (1) per 1000 students per school. Any local school
system which, because of its size, the paucity of its school population or other good cause, does
not need the services of a full- time attendance officer/teacher, may, with the approval of the
commissioner, employ either a part-time attendance teacher, or join with a neighboring school
system in the joint employment of an attendance officer/teacher, as authorized by the
commissioner of education; provided, that no such authorization shall be valid for a longer period
than one (1) year, but it may be renewed as often as conditions justify.

(d)(1) Each local board of education shall fix the compensation of each attendance officer/teacher
employed, payable from the school funds of the school system, and shall prescribe the duties of
such attendance officer/teacher and make such rules and regulations for the performance thereof,
not inconsistent with law or the rules and regulations of the state board of education, as will
promote the purposes of this part.

       (2)     Two (2) or more school systems, served by one (1) attendance officer/teacher,
               shall jointly fix the compensation of the attendance officer/teacher, payable from
               the school funds of the school systems concerned. The local boards of education
               shall prescribe the duties of such attendance teacher, jointly employed, and make
               such rules and regulations for the performance thereof as are not in conflict with
               law or with the rules and regulations of the state board of education.

(e) Training, certification and employment qualifications of attendance officers/teachers shall be
in compliance with rules and regulations prescribed by the commissioner and approved by the state
board.

(f) Attendance officers/teachers appointed under the provisions of this part or other persons
authorized to serve under this section shall have all the powers and duties now vested, or which
hereafter may be vested, in attendance officers/teachers by the compulsory attendance laws of
this state.

(g) In the discharge of the duties of their office, attendance officers/teachers or other persons
authorized to serve under this section shall work under the direction and supervision of the
superintendent and shall comply with the rules and regulations of the local board of education and
of the commissioner, as approved by the state board of education.




                                                66
(h) Attendance officers/teachers employed under the provisions of this part shall have the same
status with respect to tenure and teacher retirement as other public school personnel under the
laws of Tennessee.

(i) Local school systems participating in the state equalizing funds may, with the approval of the
commissioner, include attendance officers/ teachers in the minimum program under the rules and
regulations prescribed by the state board of education.

(j) Local school systems having truancy programs in existence for one year prior to the
enactment of this statute which program is a cooperative effort involving the school system,
the judge having jurisdiction over juvenile proceedings in the county, and the local
community may, upon approval of the commissioner, be excused from the requirements of
this section.

COMMISSION NOTE: Nothing in this subsection relieves the TRB of the requirements
provided in T.C.A. 49-6-3007 ( c ).

49-6-3007 Attendance and truancy reports.

(a) On or before the beginning of the school term each year, the superintendent of each school
district shall furnish to the principal teacher in each school, or cause to be furnished, through any
duly elected attendance officer/ teacher, as herein provided, the names of children depending on
their schools for instruction, together with the names of the parents or guardians of the children,
the lists to be taken from the census enumeration on file in the office of the superintendent, or
from any other available and reliable sources.

(b) It is the duty of every principal or teacher of a public school to report to the superintendent,
immediately after the opening of school, the names of all children on the list furnished to the
superintendent who have not appeared for enrollment.

(c) It is the duty of the principals and teachers of all schools, public, private, denominational or
parochial, to report in writing to the superintendent of the system in which the school is located
the names, ages and residences of all pupils in attendance at their schools and classes within thirty
(30) days after the beginning of the school year, and to make such other reports of attendance in
their schools or classes, including transfers of pupils, as may be required by rule or regulation of
the local board of education and of the state board of education. Notwithstanding the provisions
of subsection (g), the provisions of this subsection shall apply to any child less than six (6) years of
age who is enrolled in any school to which the provisions of this subsection are applicable.

(d) All public, private and parochial schools shall keep daily reports of attendance, verified by the
teacher making such record, which shall be open to inspection at all reasonable times, to the
superintendent of the system in which the school is located or to the superintendent's duly
authorized representative. Notwithstanding the provisions of subsection (g), the provisions of this
subsection shall apply to any child less than six (6) years of age who is enrolled in any school to
which the provisions of this subsection are applicable.




                                                   67
(e) It is the duty of the principal, or his/ her designee, or teacher of every public, private or
parochial school to report promptly to the superintendent, or the superintendent's designated
representative, the names of all children who have withdrawn from school, or who have been
absent five (5) days (this means an aggregate of five (5) days during the school year and not
necessarily five (5) consecutive days) without adequate excuse. Each successive accumulation of
five (5) unexcused absences by a student shall also be reported. contact, in person or by
telephone, the parent or guardian of every child who has two or more unexcused absences
within a school year. During this contact, the principal or his/ her designee shall attempt
to identify any problems the parent, guardian, or student may have with school attendance
and remind the parent or guardian and student of the compulsory attendance laws of the
State of Tennessee. Upon the third or subsequent unexcused absence of a student, the
principal or his/ her designee shall send a letter to the parent or guardian warning the
parent or guardian that all unexcused absences are reported to the school attendance
officer/teacher. Upon each and every contact by the principal or his designee regarding
the unexcused absence of a student, the attendance officer/ teacher for that school shall
be notified by the principal or his/ her designee.

       (2)     Such superintendent shall thereupon serve, or cause to be served, upon the parent,
               guardian or other person in Tennessee in parental relation to such children
               unlawfully absent from school, written notice that attendance of such children at
               school is required. A new notice shall be sent after each successive accumulation of
               five (5) unexcused absences.
(A) (f) (1) Upon receiving a referral regarding a student having more than three unexcused
 absences, the attendance officer/teacher shall send, or cause to be sent, a letter asking
the parent or guardian and student to attend a meeting of the TRB so that the parties may
seek to identify the problem(s) with school attendance by the student and attempt to
develop an appropriate remedy to the problem(s) and enter into an agreement with the
parent or guardian and student in which the responsibilities of all parties, including the
school, are clearly identified and agreed to. It shall be explained in the letter that if the
parent or guardian and student decline to meet with the TRB, there will be a referral made
to the court having jurisdiction over truancy for appropriate action.

       (2)     If any of the parties, including the school, teacher, parent or guardian, or
               student fail to comply with the terms of the agreement reached under
               subsection (f)(1) above, the TRB may, in its sole discretion take whatever
               steps it deems necessary, including, but not limited to:
               (A)     Termination of the agreement and referral to the attendance
                       officer/teacher who shall file a Petition or Complaint on the subject
                       juvenile to the court having jurisdiction over truancy for appropriate
                       action;
               (B)     Conducting a review hearing to identify the problems and seek the
                       appropriate remedy; or
               (C)     Entering into a new agreement.




                                                68
 (3) If it appears that, within three (3) days after receipt of the notice, any child, parent, guardian
or other person in parental relation has failed to comply with the provisions of this part, the
superintendent, in the name of the local school system, shall report the facts of such unlawful
attendance to the sheriff, constable, city police officer, district attorney general, or the foreman of
the grand jury, who shall proceed against the parent, guardian or other person in parental relation
in accordance with the provisions of this part, unless the parent, guardian or person having charge
and control of the child shall at once place the child in some day school as aforementioned.

 (g) The superintendent of any local school system, after written notice to the parent or guardian
of a child, shall report any child who is habitually and unlawfully absent from school to the
appropriate judge having juvenile jurisdiction in that county, each case to be dealt with in such
manner as the judge may determine to be in the best interest of the child, consistent with the
provisions of '' 37-1-132, 37-1-168 and 37-1-169 and in the event the child is adjudicated to be
unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community
service, in the discretion of the judge, against the parents or legal guardians of children in
kindergarten (K) through grade twelve (12) if the child is absent more than five (5) days during any
school year.

 (h) (g) If it appears that, within three (3) days after receipt of the notice, the parent,
guardian or other person in parental relation has failed to comply with the provisions of this
part, the attendance office/teacher shall file a complaint in the court having jurisdiction
over juvenile cases by the terms of agreement in (f)(1) above, to direct that the
SAO/teacher to file a Complaint or Petition against the parent, guardian or other person in
parental relation in accordance with the provisions of this Chapter, unless the parent,
guardian or person having charge and control of the child shall at once place the child in
some day school as aforementioned.

(h)Except as otherwise provided by ' 49-6-3001 or ' 49-6-3005, the provisions of this section shall
be applicable to children less than six (6) years of age and their parent, guardian, or other person in
a parental relation when such parent, guardian, or other person in a parental relation has enrolled
the child in any school which receives funding based on average daily membership; provided, that
a child may be withdrawn within six (6) weeks of initial enrollment without penalty.

49-6-3008 Truancy -- Inspections and investigations.

(a) The superintendent, or the superintendent's the school attendance officer/teacher or their
designated representative, of any local school system, has the right to visit and enter any office,
factory or business house employing children belonging to schools within the superintendent's
jurisdiction, and to require properly attested certificates of attendance or employment permit of
any child in a day school or a valid work permit for such child.

(b) When reasonable doubt exists as to the age of any child who violates the provisions of this
part, the superintendent or the superintendent=s school attendance officer/teacher or their
designated representative shall require satisfactory proof of age.

(c) Any law enforcement officer who has reasonable grounds to believe a juvenile is truant
shall have the right to take the juvenile into custody until the juvenile=s status has been
determined by the local school system or court having jurisdiction over the juvenile.

(d) Any parent, guardian or other person having charge or control of any child embraced within
the provisions of this part, who makes a false statement concerning the age of such child or the
time that such child has attended school, commits a Class C misdemeanor.

                                                  69
49-6-3009 Penalty for violations.

(a) Any parent, guardian or other person who has control of a child, or children, and who violates
the provisions of this part commits a Class C B misdemeanor.

(b) Each day's unlawful absence constitutes a separate offense.

49-6-3010 Jurisdiction of school attendance cases. [No Changes.]

(a) Each judge of a juvenile court or court of general sessions is vested with power to hear all cases
coming within the provisions of this part; provided, that in all cities maintaining a separate system
of schools, the city recorder or city judge may try such cases coming within such official's
jurisdiction.

(b) Any party aggrieved may appeal to the circuit or criminal court from the action of the judge of
the juvenile court or court of general sessions or city recorder.

49-6-3011 Disposition of fines. [No Changes.]
All moneys collected as fines for violations of this part shall be placed in the public school fund of
the local school system in which such child resides. Any such fine may be recovered by rule or in
any way that a court of law enforces its orders or decrees.

49-6-3012 Truancy schools.

(a) The Any board of education having charge of the public schools of any local school system
having a population of ten thousand (10,000) or more according to the federal census of 1950 or
any subsequent federal census, may establish a truancy school, either within or without the city
limits, for children who are between seven (7) years of age and sixteen (16) years of age, both
inclusive or older, and who are habitual truants, or while in attendance at school are incorrigible,
vicious, immoral or who habitually wander or loiter about without lawful employment disorderly
or disruptive.

(b) Such children shall be deemed disorderly juvenile persons, and may be compelled by the board
to attend such truancy school or any department of the public school as the board may direct.

(c) Any board of education having charge of schools affected by this part shall have authority to
exclude any delinquent pupil whose influence is deemed by the board to be demoralizing or
injurious to other pupils attending such school.

(d) Nothing in this section shall allow the Board of Education having charge of schools
affected by this part to mandate attendance at a truancy school if the student has entered
into an agreement with the TRB in which the agreement provides attendance at some
other school or a waiver of attendance at school.


49-6-3013 Children unable to buy books. [No Changes.]
49-6-3014 Children lacking clothing or food. [No Changes.]




                                                  70
Resolution #1

Statistics for the nation and Tennessee indicate that the female offender population is the
fastest growing population. Offenses committed by females are also increasing in
seriousness. Currently Tennessee has only 24 hardware secure beds available for juvenile
female offenders. As a result of federal funding available to the state of Tennessee, the
Department of Children=s Services has an opportunity to expand it=s capacity by 16
secure beds. The Juvenile Justice Reform Commission supports these efforts and
encourages the expansion of available hardware secure beds for females. The Commission
recognizes this is not the sole solution to the problem.

Resolution #2

Since 1989 the Tennessee Department of Children=s Services has complied with an agreed
upon cap of 588 hardware secure beds within its 4 Youth Development Centers. While bed
space is generally available within the system, the demand for hardware secure beds in
Middle Tennessee has outgrown the current availability and youth are being sent
hundreds of miles from their homes. As a result of federal funding, the Department has an
opportunity to expand its capacity to house serious juvenile offenders at Woodland Hills
Youth Development Center in Nashville. The Juvenile Justice Reform Commission
supports the efforts of the Department of Children=s Services and encourages the
expansion of available hardware secure beds for serious and violent offenders at Woodland
Hills Youth Development Center.

The Commission recognizes this as an appropriate response for the population the
Department serves although it is not the ultimate long-term solution. These plans will
augment the recommendations made by the Commission regarding a comprehensive plan
for serious, violent juvenile offenders, including but not limited to adequate pre-trial
Detention, Shock Incarceration, and Blended Sentencing.

Recommendation #1
The Commission recommends creation of a Central Information System for adjudicated
juvenile offenders.

Recommendation #2
The Commission recommends creation of state-funded regional Observation &
Assessment Centers.




                                            71
                                          Order of Judgment

IN THE JUVENILE COURT OF
                                                                , COUNTY, TENNESSEE

Case No. :              __________ Attorney for the State:

Juvenile Ct:            ________________ County:                     __________________________

Counsel for Juvenile:                            _______________________________________

In the matter of _________________________________________, a child under 18 years of age.

Date of Birth:    /     /          Sex:           Race:                         Docket No.:


                                              JUDGMENT
 On the          _________ day of                                    ____, 20         , the juvenile:

                 Gpled guilty             G Dismissed/Nolle Prosequi

                 GNolo contendere         G Transferred to Adult Court

                                          G Retired/Unapprehended Defendant

                 Is adjudicated:

                 GDelinquent                     GDependent / Neglect

                 GUnruly (Violation of Valid Court Order)

(THIS SECTION APPLICABLE ONLY TO JUVENILES ADJUDICATED DELINQUENT)
Charge Class:                                Offense date :    /                              /

(circle one) 1st degree Murder A      B      C   D        E County

G Felony         G Misdemeanor                             Conviction Offense

Offense

Amended charges:                                           Conviction Class:




                                                     72
                                                        (circle one)   1st degree murder A             B   C

                                                                        D E
                                                        G Felony       G Misdemeanor

Based upon TCA 37-X-XXX, the juvenile is determined to be a : G Youthful Offender

GSerious Youthful Offender   GAggravated Youthful Offender G Esp. Agg. Youthful Offender

The juvenile is: G Placed in the temporary custody of DCS      G Placed on Probation (DCS)



Court Ordered Fees and Fines:                 Restitution

$              Court Costs             Victim=s Name

$               Fine Assessed          Address


                                       Restitution
                                       Total Amount $                  $                       per month

                                       GUnpaid Community Service: ____Hours ____Days

                                                                           ____Weeks ____Months

Special Conditions:




                                                                                        /       /
Judge=s Name                           Judge=s Signature                     Date of Entry of Judgment


                             _______                                   _____________________                   Attorney for State (o




                                                 73

				
DOCUMENT INFO
Description: Statute of Limitations on Truancy Laws - Tennessee document sample