2010 Tennessee Code
Title 16 - Courts
Chapter 22 - Drug Court Treatment Act of 2003
16-22-103 - Chapter definitions.

16-22-103. Chapter definitions.

As used in this chapter:

     (1)  “Chemically dependant” means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the pre-determinate symptoms occurring at any time in the same twelve-month period;

     (2)  “Drug court treatment program” means any drug court treatment program created within the state that follows the general principles referenced in § 16-22-104 and that is established by the judge of a court in this state exercising criminal jurisdiction or by the judge of a juvenile court. A “drug court treatment program” shall have the same powers as the court that created it;

     (3)  “Nonadversarial approach” means that the district attorney general and the defense attorney work together for the benefit of the drug court treatment program participants and the program. Any disagreements are to be resolved prior to court and not in front of the participants; and

     (4)  “Violent offender” means a person who:

          (A)  Is charged with or convicted of an offense, during the course of which offense or conduct, without regard to whether any of the circumstances described in subdivision (4)(A)(i), (4)(A)(ii), or (4)(A)(iii) is an element of the offense or conduct of which or for which the person is charged or convicted:

                (i)  The person carried, possessed or used a firearm or dangerous weapon;

                (ii)  There occurred the death of or serious bodily injury to any person; or

                (iii)  There occurred the use of force against the person of another; or

          (B)  Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.

[Acts 2003, ch. 335, § 1; 2007, ch. 375, § 1.]