Terms Used In Tennessee Code > Title 41 > Chapter 1 - Penitentiary

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the board of parole. See Tennessee Code 41-1-501
• Commissioner: means the commissioner of correction. See Tennessee Code 41-1-501
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Designated capacity: means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner. See Tennessee Code 41-1-501
• In-house population: means the total number of adult male or female inmates physically present within all state correctional facilities on a given day. See Tennessee Code 41-1-501
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parole: means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 41-1-501
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Prisoner: means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years. See Tennessee Code 41-1-501
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Relevant designated capacity: means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity. See Tennessee Code 41-1-501
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105