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Home » US Law » 2021 Tennessee Code » Title 40 - Criminal Procedure » Chapter 23 - Execution of Judgment

§ 40-23-102. Defendant in Custody at Time of Judgment

Where the judgment of the court is that the defendant be imprisoned, the time for confinement, if the defendant is in jail, shall begin to run from the day of final judgment. C. Supp. 1950, § 11761.1; T.C.A. (orig. ed.), § 40-3101.

§ 40-23-103. Sheriff to Commit Defendant

It is the duty of the sheriff in whose custody the defendant is at the rendition of the judgment, or afterwards legally comes, to execute the judgment of imprisonment by committing the defendant, as soon as possible, to jail, or to the warden of the penitentiary, according to the exigency of the writ. Code 1858, […]

§ 40-23-106. Notice to Commissioner of Convicts for Penitentiary

At the adjournment of any court, or upon final disposition of a case prior to the adjournment of the court, it is the duty of the clerk of the court to notify the commissioner of correction of the number of convicts for the penitentiary, and that notification shall be made within five (5) days.

§ 40-23-107. Safekeeping of Inmates — Transfers to Penitentiary

In counties where, because of the insufficiency of the county jail, or for any other cause, the court may be of opinion that the safekeeping of the inmates may require it, the court may order the immediate removal of inmates to the penitentiary or to the nearest branch prison, at the cost of the state, […]

§ 40-23-108. Order Specifying Number of Guards for Removal of Prisoners

It is the duty of the criminal and circuit judges of this state, at the adjournment of their courts or earlier, if the number of persons convicted justify it, to make an order specifying the number of guards the sheriff shall have in conveying to the supreme court, or to the penitentiary, the person or […]

§ 40-23-109. Warrant to Summon Aid in Removal of Prisoners

The judge or clerk of the court may, by warrant in writing, empower the sheriff charged with the conveyance of the convict, in all counties and places through which the sheriff may pass with the prisoner, to summon or impress such and so many persons, not exceeding two (2) for each convict, except as otherwise […]

§ 40-23-110. Summons of Additional Guards

If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional […]

§ 40-23-111. Qualifications of Guard

The additional guard or guards that the sheriff and other officers are authorized to summon to assist in conveying convicts to the penitentiary, or to and from the penitentiary, and to prevent a rescue, shall consist of able bodied persons, who shall not be under eighteen (18) years of age. Code 1858, § 5593 (deriv. […]

§ 40-23-112. Juror Disqualified to Act as Guard

The sheriff shall not summon any person as a guard to assist in taking the prisoner to the penitentiary, whom the person, as a juror, convicted. Code 1858, § 5268; Shan., § 7246; Code 1932, § 11853; T.C.A. (orig. ed.), § 40-3115.

§ 40-23-113. Report by Sheriff to Department of Correction

Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to […]

§ 40-23-115. Maintenance of Death Chamber

The commissioner of correction shall ensure that a permanent and suitable death chamber is kept and maintained within a penitentiary of this state, as defined in § 41-1-101(b), and that an electrical apparatus, together with all necessary appliances sufficient for the infliction of punishment of death as provided in § 40-23-114, is kept and maintained […]

§ 40-23-116. Manner of Executing Sentence of Death — Witnesses

In all cases in which the sentence of death has been passed upon any person by the courts of this state, it is the duty of the sheriff of the county in which the sentence of death has been passed to remove the person so sentenced to death from that county to the state penitentiary […]

§ 40-23-117. Death Sentence Stands if Not Carried Out at Scheduled Time

When, from any cause, an inmate sentenced to death has not been executed pursuant to the sentence, the sentence stands in full force, and shall be carried into execution by the court in which the inmate was tried. Code 1858, § 5279; Shan., § 7259; Code 1932, § 11861; T.C.A. (orig. ed.), § 40-3121.

§ 40-23-118. Warrant for Apprehension of Condemned Inmate

If such convict is at large, the court or any magistrate may issue a warrant for the convict’s apprehension, and, if no good reason is shown for the convict’s discharge, shall commit the convict to abide the order and sentence of the court. Code 1858, § 5280; Shan., § 7260; Code 1932, § 11862; T.C.A. […]

§ 40-23-119. Order of Execution After Arrest of Condemned Prisoner

Upon the convict being brought before the court, it shall inquire into the circumstances, and, if no legal reason exists against the execution of the sentence, shall order the warden of the state penitentiary in which the death chamber is located to execute the defendant on a day to be fixed by the court. Code […]