§ 40-35-207 — Presentence report - Contents - Validated risk and needs assessment defined

Tennessee § 40-35-207

• Jurisdiction: Tennessee
• Title: 40

Text

(a) The presentence report shall set forth: (1) The characteristics and circumstances of the offense committed by the defendant; (2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits; (3) Information relating to enhancement or mitigating factors asserted by the parties and its source; (4) The defendant's record of prior convictions, including any juvenile court findings or adjudications that the defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult; (5) Information relating to any enhancement or mitigating factors that may affect the sentence imposed although not asserted by the parties and the source from which the information was obtained; (6) If a sentence not involving confinement is likely or is sought by an eligible defendant, information to assist the court in deciding whether to grant probation and in imposing conditions for any probation supervision that may be ordered, including the nature and extent of programs and resources available to assist in rehabilitation of the defendant; (7) If requested by the court, information to assist the court in imposing a fine or restitution, including the financial resources of the defendant, the financial needs of the defendant's dependents and the gain derived from or loss caused by the criminal activity; (8) Any statement relating to sentencing submitted by the victim of the offense or the investigative agency; (9) Information to assist the court in deciding whether to sentence an eligible defendant to an available and appropriate community-based alternative to incarceration as provided in chapter 36 of this title and in imposing the terms and conditions for any such sentence; (10) The results of the validated risk and needs assessment; and (11) Any other matters the court directs to be included. (b) The presentence report shall not include a recommendation for confinement or nonconfinement of any defendant unless otherwise required by law. (c) In misdemeanor cases where the court has ordered a presentence report or hearing and in cases in which neither party asserts the existence of any enhancement or mitigating factors, the court may direct the presentence service officer not to include certain types of information normally required in the report. (d) As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool designated by the department that assesses the dynamic and static factors that drive criminal behavior.

Legislative History

Amended by 2016 Tenn. Acts, ch. 906, Secs.s 7, s 8 eff. 1/1/2017. Acts 1989, ch. 591, § 6; 2010 , ch. 861, § 4.