Chapter 1
Penitentiary

Part 1
General Provisions

41-1-101. State prisons — Penitentiary defined — Correctional facilities.

  1. The penitentiary located upon the farm purchased by the state from M. S. Cockrill, near Nashville in Davidson County, is the state prison, in which convicts sentenced to imprisonment in the penitentiary shall be confined, employed and governed, as provided in this title; but they may be confined and employed in branch prisons as authorized by law.
  2. “Penitentiary” means and includes the Tennessee state penitentiary in Nashville, Brushy Mountain penitentiary, Fort Pillow state farm and the other penal institutions, reformatories, branches and facilities that may hereafter be acquired, built, constructed or maintained by the state for the purpose of confinement of persons, both male or female, who have been convicted of violating the criminal laws of this state and sentenced to imprisonment in the penitentiary.
  3. The state regional correctional facility located in Bledsoe County is designated, and shall hereafter be known, as the “Southeastern Tennessee State Regional Correctional Facility.”
  4. The state special needs correctional facility located in the River Bend area of Davidson County is designated, and shall hereafter be known, as the “Lois M. DeBerry Special Needs Facility.”

Code 1858, § 5436; Acts 1895 (Ex. Sess.), ch. 7, § 2; Shan., § 7453; mod. Code 1932, § 12062; Acts 1963, ch. 180, § 1; T.C.A. (orig. ed.), § 41-101; Acts 1985, ch. 7, § 1; 1992, ch. 746, § 1.

Cross-References. Administration of department of correction institutions, title 4, ch. 6, part 1.

Compensation of law enforcement officers for injury or death, title 7, ch. 51, part 2.

Erection of prisons authorized, Tenn. Const., art. I, § 32.

Regional state workhouses, title 41, ch. 1, part 6.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

Law Reviews.

Liability of State Officials and Prison Corporations for Excessive Use of Force Against Inmates of Private Prisons, 40 Vand. L. Rev. 983 (1987).

The Court in Action: A summary of key cases from the U.S. Supreme Court 2000-2001 (Perry A. Craft and Arshad (Paku) Khan), 37 No. 9 Tenn. B.J. 18 (2001).

41-1-102. Administration of correctional system — Personnel — Searches of employees for contraband.

  1. The chief officer for the government and control of the institutions and personnel of the department of correction shall be the commissioner of that department, who shall appoint, with the approval of the governor, a competent professional staff of employees as necessary to operate the state correctional system for adults in accordance with principles and standards accepted in the professional field of corrections.
  2. The commissioner has the authority to appoint, control, dismiss or discharge employees of the department, subject to the approval of the governor.
  3. All employees of the department shall be subject to the orders and control of the commissioner and the rules and regulations as may be adopted by the commissioner.
    1. Periodic routine searches for contraband shall be made of all employees of the department prior to the entrance of the persons inside the confines of a state correctional facility. The searches may be accomplished through the use of dogs trained to detect controlled substances and controlled substance analogues, by the use of a magnetometer or similar device, by a pat-down search by a person of the same sex and by an examination of the contents of pockets, bags, purses, packages or other containers. The searches shall be conducted uniformly or by systematic random selection.
    2. Any strip search or other body search more intrusive than as provided in subdivision (d)(1) may be made only on the basis of a reasonable suspicion, based on specific objective facts and reasonable inferences drawn from those facts in light of experience, that the employee to be searched is then in possession of contraband. The search is to be made only on the express authority of the highest officer present in the institution, made by one of the same sex in a private setting; and the specific objective facts shall be disclosed to the employee before the search authorized by this subdivision (d)(2) is conducted and shall be reduced to writing and preserved.
    3. If contraband is found on an employee pursuant to a search authorized by either subdivision (d)(1) or (d)(2), the employee may be required to submit to an official polygraph examination. Employees of the department of correction may not be disciplined or discharged solely on the basis that they failed a polygraph examination or solely for refusing to take a polygraph examination.
    4. The department is authorized to promulgate necessary rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (d). The rules shall provide detailed guidelines and standards for the manner in which the searches authorized by this subsection (d) shall be conducted, the manner and conditions under which any polygraph examinations authorized by this subsection (d) shall be conducted and the types and extent of disciplinary action, if any, that may be taken pursuant to this subsection (d).
    5. One (1) dog trained to detect controlled substances and controlled substance analogues for each grand division and one (1) polygraph machine for each grand division shall be utilized by the department for the purposes of implementing this subsection (d).

Acts 1889, ch. 204, §§ 20, 26; impl. am. Acts 1895 (Ex. Sess.), ch. 7, §§ 5, 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 3, § 1; impl. am. Acts 1915, ch. 20, §§ 2, 5, 9, 12, 42; Shan., §§ 7454, 7499; impl. am. Acts 1919, ch. 19, §§ 1, 2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 2-5, 42, 43, 60; mod. Code 1932, §§ 12063, 12095; modified; Acts 1972, ch. 576, §§ 1, 5; T.C.A. (orig. ed.), §§ 41-102, 41-112; Acts 1985 (1st Ex. Sess.), ch. 10, § 1; 1989, ch. 278, § 53; 2010, ch. 810, § 1; 2012, ch. 848, § 36.

Cross-References. Administration of institutions, title 4, ch. 6.

Commissioner of corrections, powers and duties, §§ 4-3-6024-3-604.

Counselors in educational and correctional institutions, qualifications, § 8-50-105.

Department of correction, powers and duties, §§ 4-3-606, 4-6-102.

Grand divisions, title 4, ch. 1, part 2.

Wardens and superintendents, §§ 4-6-1034-6-108.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

Law Reviews.

Sex in Prison (Ronald G. Turner), 36 No. 8 Tenn. B.J. 12 (2000).

41-1-103. Oath of officers and employees.

  1. All officers and other persons so employed to control and manage the penitentiary for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath:

    I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as  in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution.

  2. The oaths of the assistant or deputy commissioners, wardens and superintendents shall be filed with the secretary of state. The oaths of all other employees shall be filed with the commissioner of correction.
  3. The violation of this oath by any of the officers or employees shall be perjury, punishable as in other cases of perjury.

Code 1858, § 5453; Acts 1871, ch. 94, § 8; impl. am. Acts 1883, ch. 171, § 20; Acts 1895 (Ex. Sess.), ch. 7, § 9; Shan., § 7461; mod. Code 1932, § 12064; T.C.A. (orig. ed.), § 41-103; Acts 1984, ch. 659, § 1.

Cross-References. Official misconduct, § 39-16-402.

Perjury, title 39, ch. 16, part 7.

NOTES TO DECISIONS

1. Civil Action.

While violations of oaths of office are punishable as perjury, they do not provide a basis for civil actions under Tennessee law; therefore, inmate's complaint based on prison guard's alleged violation of oath of office failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983. Pendleton v. Mills, 73 S.W.3d 115, 2001 Tenn. App. LEXIS 689 (Tenn. Ct. App. 2001).

41-1-104. Warden — Duties.

  1. The warden has the charge and custody of the penitentiary, with the land, buildings, tools, implements and every other species of property within the precincts of the penitentiary, or appertaining to the penitentiary, under the direction and control of the commissioner of correction.
  2. The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.

Code 1858, §§ 5466, 5467; Shan., §§ 7486, 7487; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12081, 12082; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, § 2; Acts 1980, ch. 755, § 3; T.C.A. (orig. ed.), §§ 41-104 — 41-106; Acts 1990, ch. 942, § 2.

Cross-References. Wardens and superintendents, §§ 4-6-1034-6-108.

NOTES TO DECISIONS

1. Limited Conservatorship.

Trial court properly granted the Tennessee Department of Correction (TDOC) a limited conservatorship over an inmate and the authority to consent to forcible treatment on his behalf because the order was the least restrictive means of furthering TDOC's compelling interest; the inmate suffered from a mental illness and experienced significant mental health issues that were ameliorated by appropriate treatment, and the record contained no evidence of the actual side effects the inmate experienced. State Dep't of Corr. v. Todd, — S.W.3d —, 2017 Tenn. App. LEXIS 223 (Tenn. Ct. App. Mar. 31, 2017), review denied and ordered not published, — S.W.3d —, 2017 Tenn. LEXIS 518 (Tenn. Aug. 17, 2017).

41-1-105. Reports to commissioner.

The commissioner may require stated reports, in writing, from the warden, physician and other officers as to the condition of the establishment and its inmates.

Code 1858, § 5456 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1871, ch. 94, § 5; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7470; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12066; T.C.A. (orig. ed.), § 41-116.

Cross-References. Administration of department of correction institutions, title 4, ch. 6, part 1.

41-1-106. Visits by commissioner.

The commissioner or the commissioner's agent shall, once a month, or more often if the person thinks it necessary, visit the penitentiary for the purpose of determining whether the laws, rules and regulations relative to the operation and maintenance of the penitentiary are duly observed, and the officers are competent, vigilant and faithful and the inmates properly governed.

Code 1858, § 5458 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7472; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12067; Acts 1980, ch. 913, § 1; T.C.A. (orig. ed.), § 41-117.

41-1-107. Examination of witnesses.

  1. The commissioner of correction is authorized to summon any witness or witnesses to appear before the commissioner to testify under oath in regard to any matter touching or relative to either the main state penitentiary or branch prisons.
  2. The commissioner is given the right to administer the oath to all the witnesses so summoned, or the witnesses may be sworn before any officer authorized by law to administer oaths.

Acts 1909, ch. 535, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7581a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12180; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-118.

41-1-108. Insurance on property.

The buildings, shops and other property belonging to the state, connected with the penitentiary, may be insured by the commissioner.

Acts 1889, ch. 204, § 30; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7473; impl. am. Acts 1919, ch. 39, §§ 1, 2; Acts 1923, ch. 7, § 42; mod. Code 1932, § 12068; T.C.A. (orig. ed.), § 41-119.

41-1-109. Repairs and improvements.

The warden may, with the consent and advice of the commissioner of correction, make repairs and improvements and build additional cells, as may be necessary, using for those purposes the labor of the inmates as far as practicable.

Code 1858, § 5468; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7488; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12083; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-120.

Cross-References. Labor of inmates, § 41-1-402.

Work programs, title 41, ch. 22.

41-1-110. Funds — Accounting — Collections — Expenditures — Surplus.

  1. It is the duty of the warden to keep a correct account of all moneys received or disbursed by the warden for the penitentiary and to lay before the commissioner of correction, monthly, a detailed statement thereof.
  2. The warden of the Tennessee state penitentiary and the warden of the Brushy Mountain penitentiary shall transmit on or before Monday of each week to the state treasurer all the moneys collected by them from every source and shall forward to the commissioner a detailed statement of the collections.
  3. The state treasurer shall credit the moneys received to separate accounts kept in the name of the institution.
    1. The funds deposited may be used by the commissioner for the payment of duly authorized purchases of supplies, goods, wares, merchandise and produce used in the maintenance or operation of the institutions, for the payment of salaries, wages and compensation of employees, for the purchase of livestock and equipment for the farms and for new machinery, for machinery repairs, for building and for building repairs and for all necessary and legitimate expenses connected with or incident to the operation of these institutions.
    2. Any new building or new equipment that will exceed one thousand dollars ($1,000) in cost shall be authorized in writing by the commissioner before the expenditures can be made.
  4. Only the surplus after payment of all salaries, wages and expenses shall pass into the general funds of the state and be available for its debts, expenses and uses.

Code 1858, § 5469 (deriv. Acts 1829, ch. 38, § 18); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7489; Acts 1919, ch. 30, § 24; impl. am. Acts 1919, ch. 39, § 5; Acts 1919, ch. 39, § 24; impl. am. Acts 1923, ch. 7, § 42; Shan. Supp. §§ 312b44-312b47; Code 1932, §§ 413-416; 12084; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-121 — 41-125.

Cross-References. Administration of correctional institutions, funds, §§ 4-6-1164-6-134.

41-1-111. Preservation of records.

All registers, returns and other documents relating to the affairs of the penitentiary are public documents and shall remain in the penitentiary. The warden shall preserve official copies of the warden's correspondence with the governor, commissioner of correction or other public officers and of any official communication the warden may receive from them.

Code 1858, § 5476; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7492; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12087; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-126.

41-1-112. Actions by commissioner.

  1. The commissioner is authorized to sue and to prosecute suits in the commissioner's own name as the commissioner, with reference to all matters pertaining to the penitentiary affairs of the state at the main prison, for the enforcement of all contracts made by the commissioner or by the commissioner's authority, for the collection of all debts or demands due the department of correction and to protect the property of the state in the commissioner's charge in the department.
    1. The commissioner is authorized to sue and to prosecute suits:
      1. For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines;
      2. To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and
      3. As to any and all matters growing out of the state coal mining enterprise.
    2. These suits shall be brought and prosecuted in the commissioner's own name or in the name of the Brushy Mountain Coal Mines.

Acts 1903, ch. 278, §§ 1, 2; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7474a1, 7474a2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 12070, 12071; T.C.A. (orig. ed.), §§ 41-127, 41-128.

41-1-113. Report to governor.

The commissioner shall report to the governor, forthwith, all violations of law or omissions or neglect of duty by the warden or other officers and employees about the penitentiary.

Code 1858, § 5459; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7476; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12074; T.C.A. (orig. ed.), § 41-130.

41-1-114. Report to general assembly.

The commissioner shall transmit to the general assembly, at each regular session of that body and during the first week of the session, a report in full of the transactions of the penitentiary during the two (2) years preceding the report, and showing, among other things:

  1. The number of inmates confined in the penitentiary;
  2. The offenses for which committed;
  3. Their ages, previous occupation, birth place and residence;
  4. Their respective periods of imprisonment;
  5. The different kinds of businesses in which they are employed;
  6. How many employed in each; and
  7. The profit or loss.

Code 1858, § 5460 (deriv. Acts 1829, ch. 38, § 13); impl. am. Acts 1883, ch. 171, § 21; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7477; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12075; T.C.A. (orig. ed.), § 41-131.

Cross-References. Administration of department of correction institutions, title 4, ch. 6, part 1.

Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

41-1-115. Persons authorized to possess otherwise prohibited items.

  1. The warden or superintendent of each state penal or correctional institution shall post in a conspicuous place in the institution and shall keep up to date a list of the names of guards, employees and other persons authorized to have in their possession while upon the grounds of the institution any of the contraband items listed in § 39-16-201(b)(1), together with a complete description of the item or items the persons are authorized to have in their possession.
  2. When and if the warden or superintendent authorizes any person not on the posted list to have possession, while upon the grounds of the institution, of any contraband item listed in § 39-16-201(b)(1), the superintendent shall provide the person with written authorization.

Acts 1961, ch. 143, § 2; T.C.A., § 41-133.

Cross-References. Controlled substances, title 39, ch. 17, part 4.

41-1-116. Qualifications of correction officers.

Any person employed as a correctional officer by the department of correction shall:

  1. Be at least eighteen (18) years of age;
  2. Be a citizen of the United States;
  3. Be a high school graduate or its equivalent as determined by the board of control of the Tennessee corrections institute;
  4. Have fingerprints on file with the Tennessee bureau of investigation;
  5. Have passed a physical examination by a licensed physician;
  6. Have a good moral character as determined by investigation;
  7. Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform any essential function of the job, with or without a reasonable accommodation; and
  8. Have successfully completed appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. This requirement must be met within six (6) months from the initial date of employment. An extension of this time period may be granted to present correctional employees by the board of control of the institute. The employees shall also complete appropriate refresher courses each year as prescribed by the board of control of the institute.

Acts 1976, ch. 825, § 2; T.C.A., § 41-136; Acts 1991, ch. 276, § 1; 2013, ch. 137, § 5.

Cross-References. Duties of Tennessee corrections institute, § 41-7-103.

Temporary retention of disabled correctional officer or youth service worker, § 4-6-148.

41-1-117. Retaking of prisoners absconding from work release or violating furlough agreements.

  1. The commissioner of correction may issue a warrant to retake any prisoner sentenced to the state penitentiary who has absconded while on a work release program or violated the condition of that prisoner's furlough agreement. The warrant shall not be bondable.
  2. Upon proper showing by the department that a prisoner was released in error, the sentencing judge or the judge in the county from which the individual was released may issue a warrant for the retaking of the prisoner. The warrant may be acted upon by those employees of the department of correction designated by the commissioner who have been trained in the use of firearms and are vested with the powers and authority of law enforcement officers pursuant to § 4-3-609. The warrant may also be acted upon by any law enforcement officer authorized to make arrests. The warrant shall not be bondable.

Acts 1977, ch. 72, § 1; T.C.A., § 41-137; Acts 2015, ch. 54, § 1.

Cross-References. Arrest warrants, title 40, ch. 6, part 2.

Bail, title 40, ch. 11.

County workhouse work release programs, § 41-2-149.

Eligibility for work release program, §  40-35-213.

Work release programs for inmates, § 41-21-510.

41-1-118. Dogs for detecting drugs.

  1. The commissioner of correction may maintain at least one (1) dog trained to detect marijuana and other illicit substances at each correctional facility in the commissioner's charge; but where more than one (1) correctional facility is located within a county, the commissioner may maintain one (1) dog to serve in the several facilities if this appears to the commissioner to be adequate to locate and detect the substances.
  2. These dogs may be used on a regular basis, or at irregular times and intervals, to survey inmates and areas inhabited or frequented by inmates in order to locate and detect marijuana and other illicit substances. The dogs may also be used to check persons entering into correctional facilities or their grounds to detect the introduction of marijuana and other illicit substances.

Acts 1983, ch. 120, § 1.

Cross-References. Controlled substances, title 39, ch. 17, part 4.

State assistance in acquiring dogs, § 4-3-610.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

41-1-119. Urinalysis drug screening program.

  1. A urinalysis drug screening program shall be established within the department of correction. Every thirty (30) days, a urine sample shall be taken from each of twenty-five (25) prison inmates selected at random who are confined in each state correctional institution; and a urinalysis shall be performed to determine the presence of drugs. A positive result shall be investigated by the department to determine whether the result emanated from the prison inmate's use of legally prescribed medicine or whether it resulted from the use of illegal drugs.
  2. The commissioner has the authority to promulgate necessary rules and regulations to implement this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. These rules shall provide detailed guidelines and standards for the manner in which the urine samples are taken and the manner in which the investigations required by this section are conducted.

Acts 1985 (1st Ex. Sess.), ch. 9, § 1; 1993, ch. 141, §§ 1, 2; T.C.A., § 41-1-120.

Cross-References. Controlled substances, title 39, ch. 17, part 4.

41-1-120. Improvement of penitentiary at Petros.

Notwithstanding any other law to the contrary, it is the highest priority that the penitentiary at Petros be improved, renovated or rebuilt as necessary to make the institution suitable for use as a time-building institution to house maximum security inmates, primarily, and also medium security or other inmates. The institution shall be named the Brushy Mountain State Penitentiary and shall be the primary maximum security prison designed to house the highest security risk inmates in the system.

Acts 1985 (1st Ex. Sess.), ch. 5, § 47; T.C.A., § 41-1-121.

41-1-121. Drug testing of certain personnel.

  1. Notwithstanding any law to the contrary, the commissioner of correction has the authority to require security personnel employed by the department of correction to submit to drug tests. If the result of the initial test is positive, the department shall administer a different reliable confirmatory test for the purpose of determining whether the employee is using, or has used in the immediate past twenty-four (24) hours, a controlled substance or controlled substance analogue that caused impairment of the employee's work performance.
  2. Before the commissioner can require any employee to submit to the drug tests authorized by subsection (a), the commissioner must have a reasonable suspicion based upon specific objective facts that the employee's faculties are impaired on the job and the impairment presents a clear and present danger to the physical safety of the employee, another employee or the security of the institution. The specific objective facts shall be provided to the employee in writing prior to requiring tests. The employee subject to the tests shall be given the opportunity to explain the occurrence of suspicious behavior, and a viable explanation shall vitiate the requirement that the employee submit to the tests.
  3. If the results of the drug tests are confirmed pursuant to subsection (a), the employee shall be provided a copy of the tests results, including confirmatory tests. All test results, including screening and confirmatory tests, must be reviewed by a qualified individual meeting certification requirements of a recognized board of toxicology. All test results shall identify the specific drugs or metabolites tested and found, whether positive or negative. The commissioner shall require precautionary measures to ensure the confidentiality of all testing information and results and shall not release any testing information to anyone other than the tested employee without written permission of the tested employee. The commissioner shall ensure that the testing of controlled substances and controlled substance analogues shall not be used to test for any other medical or bodily condition. The commissioner shall provide the tested employee a reasonable opportunity to rebut or explain the test results.
  4. If confirmatory tests verify the use of a controlled substance or controlled substance analogue affecting the employee's job performance pursuant to subsections (a), (b) and (c), the commissioner shall be empowered to take appropriate disciplinary action based only upon the employee's job performance and pursuant to title 8, chapter 30. The commissioner shall provide employee counseling and rehabilitation with reasonable accommodation and support of the rehabilitation program. Following successful completion of a rehabilitation program and two (2) years of unimpaired job performance, any reference to testing or rehabilitation shall be expunged from any and all records. Reasonable efforts shall be made to safeguard the privacy of any employee required to enroll in a rehabilitation program.
  5. If the initial or confirmatory test results are negative, any information, including the results of the test, shall be expunged from all files and records after being made available to the tested employee.
  6. The commissioner is responsible for all costs associated with drug tests administered at the request of the department.
  7. Prior to implementation of any testing program, the department shall promulgate a specific, written policy pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, authorizing the tests, procedures, confidentiality and expunction provisions of this section. The policy shall include the requirement that the employee have an opportunity to have an independent analysis of the sample conducted by the laboratory of the employee's choice.
  8. If any employee refuses to submit to the test, the employee shall have the option of entering a rehabilitation program pursuant to subsection (d).
  9. The commissioner shall have the burden of proving that subsections (a)-(h) have been followed.
  10. If any provision of this section is rendered unconstitutional by the Constitution of the United States or the Constitution of Tennessee or invalid by the laws of the United States or the laws of the state of Tennessee, the unconstitutional or invalid provision of this section may be deleted by the courts if the deletion will not destroy the integrity, intent or function of this section.

Acts 1988, ch. 905, § 1; T.C.A., § 41-1-122; Acts 2012, ch. 848, § 37.

Cross-References. Confidentiality of public records, § 10-7-504.

Controlled substances, title 39, ch. 17, part 4.

Attorney General Opinions. If the Tennessee department of correction elects to implement a drug-free workplace program, it need not comply with this section, OAG 04-019, 2004 Tenn. AG LEXIS 19 (2/09/04).

If the Tennessee department of correction does not implement the statutory drug-free workplace program, it is prohibited from drug testing of security personnel in the absence of reasonable suspicion; provided such testing comports with federal law, all its employees may be tested randomly for alcohol, and all non-security personnel may be tested randomly for drugs, OAG 04-019, 2004 Tenn. AG LEXIS 19 (2/09/04).

41-1-122. Chemically dependent county inmates and prisoners — Pilot project — State funds.

  1. Acting in consultation with the commissioner of correction, the board of parole and the commissioner of mental health and substance abuse services, the county mayor of any county in this state is authorized to establish a pilot project to provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county prisoners and state inmates housed within county correctional facilities. The pilot project shall also provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county and state parolees residing within the county. Records shall be maintained to document and evaluate the effectiveness of the pilot project and, to the extent possible, shall include information regarding recidivism among project participants.
  2. Notwithstanding any provision of this section to the contrary and notwithstanding the fact that state inmates housed within county correctional facilities may participate in programs established pursuant to this section, no state funds shall be obligated or expended to implement this section.

Acts 1991, ch. 427, §§ 1, 2; 1998, ch. 1049, § 54; T.C.A., § 41-1-123; Acts 2003, ch. 90, § 2; 2010, ch. 1100, § 69; 2012, ch. 575, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. 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.

Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in subsection (a), are deemed references to the board of parole.

41-1-123. Diversion centers for technical violators.

  1. The department of correction, in cooperation with the board of parole, is authorized to establish a diversion program at one (1) or more locations in the state. The program shall provide a structured environment for selected parole technical violators based upon a therapeutic community model. Participants in the program shall, at a minimum, be required to take part in counseling, educational and other programs as the department deems appropriate, to provide community service and to submit to drug and alcohol screening.
  2. Parole technical violators referred by the board of parole for participation in the diversion program shall not be placed in the program, unless and until the offender has been classified by the department as a suitable candidate for the program, in accordance with policies and guidelines developed jointly by the department and the board.
  3. At its discretion, the department is authorized to operate any program established under this section in conjunction with the special probation technical violator program established under the authority of title 40, chapter 20, part 3.
  4. As used in this section, “parole technical violator” means an offender who has violated the conditions of parole other than by the commission of a new felony offense.

Acts 2006, ch. 666, § 1.

Compiler's Notes. Compiler’s Notes. Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole.

Cross-References. Hearings on parole violations, § 40-28-122.

41-1-124. Terms of release of out-of-state prisoner incarcerated in Tennessee.

  1. For the purposes of this section, unless the context otherwise requires, “out-of-state prisoner” means a person incarcerated in a correctional facility within this state on behalf of a state other than Tennessee or a governmental entity whose jurisdiction is outside of Tennessee. “Out-of-state prisoner” does not include a person incarcerated on behalf of an Indian tribe or on behalf of the United States.
  2. Notwithstanding any law to the contrary, the commissioner of correction shall not accept an out-of-state prisoner for incarceration within any prison or facility operated by the department unless the sending state contractually agrees to return, and to pay the full costs of returning, the prisoner to the sending state prior to the prisoner's release from incarceration, or arrangements for release in some place other than the sending state are made in accordance with the Interstate Corrections Compact, compiled in chapter 23, part 1 of this title.

Acts 2007, ch. 110, § 1.

Compiler's Notes. Acts 2007, ch. 110, § 1 provided that subsection (b) is applicable after May 8, 2007.

41-1-125. Local pre-release programs.

  1. The commissioner is authorized to enter into agreements with local governmental entities for the transfer of appropriate department of correction inmates to confinement in a local facility to participate in local pre-release programs. Participation by any county in such a program is voluntary.
  2. No inmate shall be considered for transfer under an agreement authorized by this section unless expiration of the inmate's sentence is anticipated to occur within one (1) year after the transfer, or unless the inmate has been recommended for release on parole by the board of parole.
  3. No inmate shall be considered for transfer under an agreement authorized by this section unless the inmate is considered a nonviolent offender.
  4. The transfer of a department of correction inmate to physical custody in a local facility under this section does not operate to reinvest the trial court with jurisdiction over the manner of the inmate's sentence service. An inmate transferred under this section will be removed from the program and returned to the physical custody of the department at the sole discretion of the department.

Acts 2008, ch. 881, § 1.

Compiler's Notes. Compiler’s Notes. Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole.

41-1-126. Validated risk and needs assessment.

  1. 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 that assesses the dynamic and static factors that drive criminal behavior.
  2. The department of correction and community corrections agencies shall perform a validated risk and needs assessment on each felony offender under its supervision or custody upon receipt of the person and at least annually throughout the period of supervision or custody.
  3. The validated risk and needs assessment shall be used by the department, community corrections agencies, the board of parole, and the courts in making decisions and recommendations on programming and treatment options and post-prison supervision conditions for those who have been incarcerated.
  4. Portions of the validated risk and needs assessment shall be shared with community providers upon release, as deemed appropriate by the department, while respecting the privacy rights of the offender.

Acts 2016, ch. 906, § 13.

Compiler’s Notes. Acts 2016, ch. 906, § 1 provided that the act, which enacted this section, shall be known and may be cited as the Public Safety Act of 2016.

41-1-127. Survey evaluating employment conditions and factors relating to retention of correction officers — Annual report.

In addition to other reports required by this part, the commissioner shall develop and administer a survey of each correction officer who resigns, is terminated, or is transitioned to a position other than correction officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correction officers. The commissioner shall submit an annual report to the governor and the chair of the state and local government committee of the senate and the chair of the state government committee of the house of representatives on or before December 1 on the results of the surveys in a manner that ensures the confidentiality of the name and other personally identifiable information of each correction officer.

Acts 2018, ch. 859, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

Part 2
Women's Penitentiary

41-1-201. Female unit established.

The female unit of the state penitentiary shall be a separate institution apart from the administration of the main prison and shall remain a separate unit of the department of correction, but governed by the laws, not in conflict with this chapter, as were in force on July 1, 1965, governing the state penitentiary at Nashville, Brushy Mountain Penitentiary, Fort Pillow State Farm, and other penal institutions, reformatories, branches or facilities of the department.

Acts 1965, ch. 178, § 1; T.C.A., § 41-1701.

Cross-References. Wardens and superintendents, §§ 4-6-1034-6-108.

41-1-202. Appointment and qualifications of warden.

  1. The warden of the female penitentiary of this state shall be subject to appointment or discharge by the commissioner of correction, upon approval of the governor.
  2. The warden:
    1. Shall, at the time of appointment, be not less than twenty-five (25) years of age;
    2. Shall be qualified to be proficient in the management of a state penal institution;
    3. Will hold a masters degree from a duly accredited approved university in business administration, education or penology and correction; or
    4. Have other qualifications that, in the opinion of the commissioner, would be equal to or greater than the qualifications listed in subdivisions (b)(1)-(3).

Acts 1965, ch. 178, §§ 1, 2; T.C.A., § 41-1702; Acts 1990, ch. 942, § 1.

Cross-References. Wardens and superintendents, §§ 4-6-1034-6-108.

41-1-203. Authority and powers.

The warden of the female institution mentioned in § 41-1-201 shall be endowed with the same authority, powers and provisions of the law as are now enjoyed by the warden of the state penitentiary.

Acts 1965, ch. 178, § 3; 1972, ch. 576, § 24; T.C.A., § 41-1703.

Cross-References. Wardens and superintendents, §§ 4-6-1034-6-108.

Part 3
[Reserved]

Part 4
Legislative Guidelines for Correctional Policy

41-1-401. Legislative findings.

  1. In order to maintain continuity relative to present and future correctional policy in Tennessee and to provide a framework to guide present and future correction administrations when making policy decisions, the general assembly finds that a statutorily determined policy regarding certain important correctional issues is essential.
  2. The general assembly also encourages the department to initiate innovative programs, administrative policy and management techniques designed to operate the correctional system with maximum benefit at minimum cost and potential for violence as long as the policies and techniques are consistent with the framework of legislative intent established by this part.

Acts 1983, ch. 467, § 1.

41-1-402. Labor of inmates.

The intent of the general assembly regarding the labor of inmates within the correctional system is as follows:

  1. All inmates within the correctional system, except those designated by a judge, warden or medical personnel as being either too dangerous to society or physically unable, shall be required to perform some type of work. The general policy that all inmates be required to work should not be construed to apply to those inmates housed temporarily in classification centers;
  2. Where possible, the labor should be directed toward projects such as the manufacture or production of building materials, the production of items that are of practical use to state and local governments, the production of as much food and clothing for use by the correctional system as possible or the construction, renovation or repair of prison facilities to the extent that security and inmate skills permit;
  3. Inmates not engaged in work activities pursuant to subdivision (2) and who are determined to be acceptable security risks should be utilized to perform work that might not otherwise be performed for state and local governments or nonprofit or charitable organizations. The tasks would include land reclamation, repairing rural dams, maintaining drainage ditches, cleaning cemeteries, painting public buildings and schools or other such tasks. Unless a judge, warden or medical personnel has determined, either by reason of public safety or physical incapacity, that an inmate should not work, the commissioner has the discretion to determine which inmates are acceptable security risks to perform work projects outside of department of correction facilities or property;
  4. Other departments of state government, particularly transportation and environment and conservation, shall cooperate with the department of correction in the utilization of inmate labor for projects within the departments that are of value, but because of a lack of funds or personnel, might not otherwise be performed. The commissioner of correction, with the advice of the appropriate department commissioner, has the authority to restrict the use of inmate labor in certain areas and at such times as the commissioner determines to be necessary for the public safety or convenience; and
  5. In addition to the intent of the general assembly set out in this section regarding inmate labor at the various correctional institutions, educational opportunities, particularly those teaching the basic skills, should be available at all institutions except the classification centers.

Acts 1983, ch. 467, § 2.

Cross-References. Road work by prisoners, § 41-2-123.

Work programs, title 41, ch. 22.

Work programs, participation required, exceptions, § 41-2-150

41-1-403. Classification system.

A sound classification system is necessary for an efficient and manageable correctional system. Because of its importance, the general assembly declares the following policy:

  1. The classification system shall provide a meaningful case evaluation of each inmate prior to permanent placement and a continuing review and reclassification process throughout the inmate's period of incarceration;
  2. The commissioner of correction has the discretion to determine the institutional location of inmates within the various security classifications; and
  3. All information compiled by the department pertaining to an inmate shall be readily available to the entity having authority for the inmate's release.

Acts 1983, ch. 467, § 3.

41-1-404. Alternatives in sentencing.

The general assembly finds that the following policy statements regarding the criminal justice system are of importance to the state correction system:

  1. Trial judges are encouraged to use alternatives to incarceration as long as the alternatives include requirements of reparation or victim compensation; and
  2. Trial judges shall be provided a presentence report with sufficient information to make a proper evaluation and disposition of a defendant.

Acts 1983, ch. 467, § 4.

Cross-References. Criminal injuries compensation, title 29, ch. 13.

Procedure for imposing sentences, title 40, ch. 35, part 2.

Restitution, title 41, ch. 6.

41-1-405. Impact on local correction systems.

The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their continuing role in the overall correction system of this state. The evaluation may be accomplished by a task force composed of all facets of the criminal justice system.

Acts 1983, ch. 467, § 5.

41-1-406. Early release procedure.

There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits.

Acts 1983, ch. 467, § 6.

Cross-References. Reduction of prison overcrowding, title 41, ch. 1, part 5.

41-1-407. Training of correctional personnel.

All state correctional personnel shall receive appropriate and adequate training in the particular skills and requirements of the duties of their job.

Acts 1983, ch. 467, § 7.

41-1-408. Medical care.

The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel.

Acts 1983, ch. 467, § 8.

Cross-References. Administration of department of correction institutions, title 4, ch. 6, part 1.

Temporary retention of disabled correctional officer or youth service worker, § 4-6-148.

41-1-409. Construction of prison facilities.

If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the health or safety of the inmate occupants of the facility. The commissioner shall present the determinations to the state building commission, which shall approve or disapprove them.

Acts 1983, ch. 467, § 9.

41-1-410. Coordinated management philosophy.

Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consistent with that intent, the department of correction should use sentence credits, educational opportunities, training, jobs and pay for inmates as coordinated parts of a consistent management philosophy.

Acts 1985 (1st Ex. Sess.), ch. 5, § 49; T.C.A. § 41-1-411.

Cross-References. Sentence reduction credits, § 41-21-236.

41-1-411. Adding local facilities to corrections system.

While adding local facilities may be beneficial for the total corrections system, careful consideration should be given both to the needs of the state and the needs of local governments. The state should commit to adding local facilities to meet state needs only when the facilities clearly appear to offer a more cost-effective alternative to adding state facilities over a reasonable period of time.

Acts 1985 (1st Ex. Sess.), ch. 5, § 50; T.C.A. § 41-1-412.

41-1-412. Development of offender reentry programs.

  1. The trial courts and the department of correction shall coordinate efforts to prepare offenders for reentry into society. To that end, it is the intent of the general assembly that validated risks/needs assessment instruments shall be used to develop offender reentry plans.
  2. In preparing presentence reports in accordance with § 40-35-207, the department of correction shall include information identifying the defendant’s risks and needs as determined through the use of a validated assessment instrument, along with recommended treatment programs to address the risks and needs and enhance the defendant’s opportunity for successful reentry into the community.
  3. The department of correction shall develop an individual treatment/supervision plan for each offender in its custody or under its supervision to enhance the offender’s opportunity for successful reentry into the community. The plan shall be developed using a validated instrument to evaluate the individual risks and needs of the offender.

Acts 2009, ch. 452, § 1; 2012, ch. 727, § 54.

Compiler's Notes. For the Preamble to the act concerning the transfer of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended this section, shall be fully accomplished on or before January 1, 2013.

Law Reviews.

Penile Polygraphy: The Admissibility of Penile-Plethysmograph Results at Sentencing in Tennessee, 72 Vand. L. Rev. 353 (January 2019).

41-1-413. Intermediate administrative sanctions to manage and assist probationers — Revocation of authority.

  1. When appropriate to better manage and assist probationers under their supervision, probation and parole officers employed by the department of correction shall have the authority to impose intermediate administrative sanctions, including, but not limited to, mandated participation in treatment programs designed to address an offender's risks and needs. The intermediate administrative sanctions shall be imposed in accordance with the treatment/supervision plan developed using a validated instrument to evaluate the individual risks and needs of the offender.
  2. Trial courts may revoke the authority granted to probation and parole officers in subsection (a), by entering an order to that effect, in all cases for all defendants, in certain specified cases or for particular defendants.

Acts 2009, ch. 452, § 2; 2012, ch. 727, § 55.

Compiler's Notes. For the Preamble to the act concerning the transfer of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subsection (a), shall be fully accomplished on or before January 1, 2013.

Part 5
Reduction of Prison Overcrowding

41-1-501. Part definitions.

  1. As used in this part, unless the context otherwise requires:
    1. “Board” means the board of parole;
    2. “Commissioner” means the commissioner of correction;
    3. “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;
    4. “In-house population” means the total number of adult male or female inmates physically present within all state correctional facilities on a given day;
    5. “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;
    6. “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; and
    7. “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.”
  2. For purposes of this part, and with reference to prisoners sentenced for offenses occurring prior to July 1, 1982, references to release eligibility dates are deemed references to a prisoner's earliest release date.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 58; 1998, ch. 1049, § 55.

Compiler's Notes. Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole.

Cross-References. Multiple rapist or child rapist; sentencing, release and parole, § 39-13-523.

Probation, paroles and pardons, title 40, ch. 28.

Release eligibility status, calculations, § 40-35-501.

41-1-502. Report to general assembly on designated capacities and in-house populations — Construction of part.

  1. On February 1 of each year, or on more frequent occasions during periods of construction or when there is a change in designated capacity, the commissioner shall inform the speakers of the senate and house of representatives, the chairs of the judiciary and state and local government committees of the senate, the chair of the judiciary committee of the house of representatives, and the chair of the committee of the house of representatives having oversight over corrections as to the relevant designated capacity and in-house population of all adult male and all adult female correctional facilities administered by the department and the reasons for any changes in the designated capacities.
  2. Nothing in this part shall be construed to affect the authority of the general assembly to appropriate funds for the construction, renovation or alteration of correctional facilities administered by the department.
  3. Nothing in this part shall be construed to affect the authority of the state building commission to review, approve and oversee projects relating to the construction, renovation or alteration of correctional facilities administered by the department.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 2013, ch. 236, § 85; 2019, ch. 345, § 62.

Amendments. The 2019 amendment, in (a), substituted “the chairs of the judiciary and state and local government committees of the senate, the chair of the judiciary committee of the house of representatives, and the chair of the committee of the house of representatives having oversight over corrections” for “the chairs of the judiciary and state and local government committees of the senate and the criminal justice and state government committees of the house of representatives”.

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-1-503. Certification of excess population — Declaration of prison overcrowding emergency.

  1. When the commissioner determines that the in-house population has for thirty (30) consecutive days exceeded ninety-five percent (95%) of the relevant designated capacity, or has reasonable grounds to believe that within thirty (30) days the in-house population will, for at least thirty (30) consecutive days, exceed ninety-five percent (95%) of the relevant designated capacity, the commissioner shall so certify to the governor.
  2. Upon receiving the certification from the commissioner, the governor may declare that a state of overcrowding emergency exists. If the governor so declares, the governor shall immediately notify the state and local government committee of the senate, the committee of the house of representatives having oversight over corrections, and the attorney general and reporter that a state of prison overcrowding exists and the approximate number of inmates in the system that is in excess of ninety percent (90%) of the relevant designated capacity.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 2011, ch. 410, § 2(b); 2013, ch. 236, § 64; 2019, ch. 345, § 63.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (b).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-1-504. Governor's powers to reduce overcrowding.

  1. Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding:
    1. Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse;
    2. Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods.
  2. The directive of the governor invoking the power granted pursuant to subdivision (a)(1) shall include the approximate number of inmates who must be released to reach ninety percent (90%) of the relevant designated capacity as well as any restrictions the governor may wish to impose regarding which inmates or types of inmates are not eligible for release and may not be considered by the board. There shall be no limits on the number or types of restrictions the governor may impose on early release eligibility as long as a sufficient number of inmates are eligible for consideration to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity.
  3. Notwithstanding this section to the contrary, the governor does not have the authority to make inmates who have been convicted of a second or subsequent violation of § 39-13-502 or § 39-13-503 eligible for release under this part, nor shall the board have the authority to consider these inmates.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 59; 1991, ch. 204, § 2; 1993, ch. 209, § 1.

Cross-References. Contract sentencing, title 40, ch. 34.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

41-1-505. Selection and release of inmates by board — Powers of board.

  1. Upon receipt of the written directive transmitted by the governor pursuant to § 41-1-504(a)(1) and any restrictions that may be imposed by the governor, the board shall promptly select and release on supervised parole a sufficient number of inmates to comply with the directive of the governor. Upon the board's release of the inmates and the attainment of ninety percent (90%) of the relevant designated capacity, the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions pursuant to this subsection (a). It is the responsibility of the commissioner to announce the attainment of ninety percent (90%) of the relevant designated capacity to the board and the governor as soon as it occurs.
  2. When acting pursuant to §§ 41-1-503 — 41-1-508, the board is empowered to:
    1. Establish criteria by which prisoners shall be considered and selected for release;
    2. Impose conditions or limitations upon the parole as it deems necessary; and
    3. Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, §§ 60, 61.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

NOTES TO DECISIONS

1. Applicability.

As long as an overcrowding emergency existed, the governor could alter the restrictions on eligibility for early release as long as the changes did not impede the ability of the department of correction and parole board to reduce the prison population to 90 percent or less of the system's designated capacity. Kaylor v. Bradley, 912 S.W.2d 728, 1995 Tenn. App. LEXIS 523 (Tenn. Ct. App. 1995).

Exclusion of defendant from consideration for early release in accordance with a declaration of the governor directing the department of correction and parole board not to consider inmates convicted of homicide for release under the early release program did not violate federal or state ex post facto clauses or due process. Kaylor v. Bradley, 912 S.W.2d 728, 1995 Tenn. App. LEXIS 523 (Tenn. Ct. App. 1995).

41-1-506. Delayed commitment of felons to department of correction.

  1. The directive invoking the power granted pursuant to § 41-1-504(a)(2) shall include any conditions the governor may wish to impose as to which inmates or types of inmates will immediately be accepted by the department of correction or which inmates or types of inmates will be subject to the delayed intake directive, or both. The commissioner shall transmit any conditions imposed by the governor to the judges and sheriffs in the notification that intake to the department has been delayed.
  2. Notwithstanding this part, the governor shall not have the authority to direct that the commitment of an inmate be delayed any longer than six (6) months from the date of sentencing or the date of the final judgment of the highest state appellate court to which an appeal is taken, whichever date is later.
  3. During times in which the power to delay the intake of inmates is invoked pursuant to this part, a judge may order the sheriff to take the inmate into local custody to await removal to the department in accordance with this part.
  4. Any delay in the commitment of an inmate to the department as authorized by this part shall not affect the finality of the trial court's sentencing order for appellate purposes. During the authorized delay, the trial court shall retain full authority to change the sentence imposed in any manner.
  5. Notwithstanding any other law to the contrary, during the time that the power of restricted intake has been invoked pursuant to § 41-1-504(a)(2), no sheriff may convey an inmate to the department unless authorized to do so by this section. No sheriff shall be deemed to have violated any duty of office by not conveying the inmate when notified to do so.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1996, ch. 675, § 39.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

41-1-507. Governor's report to legislative committees and attorney general and reporter.

  1. Each month or part of a month that a state of prison overcrowding exists that results in the invocation of powers authorized by this part, the governor shall transmit to the state and local government committee of the senate, the committee of the house of representatives having oversight over corrections, and the attorney general and reporter the following information on any inmates who were granted early parole or whose commitment was delayed:
    1. The number of inmates in each category;
    2. The distribution of offenses for which inmates in each category were convicted;
    3. The length of sentences of inmates in each category;
    4. The amount of time served by inmates granted early parole;
    5. The amount of time inmates granted early parole were released prior to regular parole eligibility or release classification dates; and
    6. Any other information concerning early releases on parole or delayed commitments that may be requested by the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections.
  2. Within thirty (30) days of the end of a state of prison overcrowding emergency, the governor shall also transmit a summary of the information listed in this section to the officials listed in this section. The summary shall be applicable to all inmates granted early parole or whose commitment was delayed during the most recent state of prison overcrowding emergency.
  3. The commissioner and the chair of the board of parole shall report monthly and publicly to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections the number of early releases by primary offense.

Acts 1985 (1st Ex. Sess.), ch. 5, §§ 19, 51; 1998, ch. 1049, § 55; 2011, ch. 410, § 2(c); 2012, ch. 925, §§ 1, 2; 2013, ch. 236, § 64; 2019, ch. 345, § 64.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in subsection (c), are deemed references to the board of parole.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (a), (a)(6), and (c).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

41-1-508. Release eligibility dates for felons in local institutions.

  1. The percentage reduction of release eligibility dates required under §§ 41-1-503 — 41-1-507 shall likewise apply to all felony offenders serving sentences of one (1) or more years in local jails and workhouses.
  2. Offenders made eligible for parole consideration by subsection (a) may be considered and released on supervised parole by the board.
  3. Upon attainment of ninety percent (90%) of the relevant designated capacity of the state correctional facilities, the release eligibility dates of all such felony offenders remaining in local jails and workhouses shall automatically revert to the dates in existence prior to their reductions under this section.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 62.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

Release eligibility status, calculations, § 40-35-501.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

41-1-509. Transfers of inmates.

During any period in which reductions of release eligibility dates are authorized by §§ 41-1-50341-1-507, the department of correction shall make every effort consistent with its classification policies to reduce overcrowding in particular institutions through transfers of inmates to other institutions.

Acts 1985 (1st Ex. Sess.), ch. 5, § 19.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

41-1-510. Participation in time reduction programs.

Notwithstanding any other law to the contrary, all prisoners sentenced to the department of correction whose commitments are delayed pursuant to this part or pursuant to the order of a federal court, and who are being held by the county pending the commitment, may, at the discretion of the sheriff or superintendent, participate in appropriate academic, vocational and work-related programs that are available to persons sentenced to local jails or workhouses, and may be awarded time reduction credits as authorized by chapter 2 of this title for participation in the programs.

Acts 1988, ch. 571, § 1.

Law Reviews.

Life-Without-Parole: An Alternative to Death or Not Much of a Life at All?, 43 Vand. L. Rev. 529 (1990).

Part 6
Development District Correction Act

41-1-601. Short title.

This part shall be known and may be cited as the “Development District Correction Act.”

Acts 1989, ch. 484, § 1; T.C.A. § 41-1-701.

41-1-602. Establishment.

  1. The commissioner of correction is authorized to designate certain institutions as regional state workhouses that may be operated by the department of correction to house prisoners sentenced to confinement for six (6) years or less.
  2. Regional state workhouses may be established in one (1) or more development districts created pursuant to title 13, chapter 14.
  3. The institutions shall be sufficiently secure to prevent the unauthorized absence by prisoners in the institutions.
  4. Suitable living quarters shall be maintained and, where possible, the department should provide transportation to jobs and to vocational, educational or other programs in the community.

Acts 1989, ch. 484, § 2; T.C.A. § 41-1-702.

41-1-603. Designation of judicial districts — Maximum number of inmates.

  1. The commissioner of correction may designate the judicial district or districts from which each regional workhouse may accept commitments.
  2. The commissioner may further determine the number of inmates each institution may adequately house and may prorate the number among those judicial districts served by the institution. This prorated number shall be the maximum number of inmates committed from a given judicial district who may, without the commissioner's express approval, be housed in the institution at any one (1) time.

Acts 1989, ch. 484, § 3; T.C.A. § 41-1-703.

41-1-604. Advisory board.

The sheriff or sheriffs and district attorney general or district attorneys general or their designees of judicial districts designated in § 41-1-603 shall form an advisory board to periodically review the management and operation of the regional workhouses and to make recommendations to the commissioner relative to the management and operation of the facilities.

Acts 1989, ch. 484, § 4; T.C.A. § 41-1-704.

41-1-605. Manner of service of sentence — Application to alter.

  1. Confinement in a regional workhouse shall be considered a sentence to the department; provided, that the court shall retain full jurisdiction over the defendant during the term of the sentence and may modify or reduce the sentence or may place the defendant on probation supervision where otherwise eligible.
  2. Following the first application, applications to alter the manner of the service of the sentence may be made at no less than three (3) month intervals.

Acts 1989, ch. 484, § 5; T.C.A. § 41-1-705.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

Chapter 2
County Workhouses

41-2-101. Workhouses authorized.

  1. The counties, through their county legislative bodies, are authorized and empowered to establish, construct and maintain portable, movable or stationary workhouses, as the legislative bodies may, in their discretion and wisdom, deem advisable for the best interest of the county. Prisoners receiving workhouse sentences by the circuit or criminal court of the county shall be sentenced to the workhouse as may be provided by the county legislative body.
  2. The county legislative body may provide the lands, buildings and articles of any kind as may be necessary for a workhouse for the county.
  3. The counties shall have the authority under subsection (a), this subsection (c) and § 41-2-103 to establish, construct and maintain portable or moving workhouses for the convenience of working prisoners upon the public highways and in working out their sentences in any labor assigned them.

Acts 1891, ch. 123, § 1; Acts 1907, ch. 445, §§ 1, 2; Shan., §§ 7398, 7399a1, 7399a2; Code 1932, §§ 12004, 12009, 12010; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 41-1201, 41-1203, 41-1204.

Cross-References. Corrections volunteer services, title 41, ch. 10.

Counselors for educational and correctional institutions, qualifications, § 8-50-105.

Road work by prisoners, § 41-2-123.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Costs § 14, 21 Tenn. Juris., Prisons and Prisoners, §§ 8, 9.

Law Reviews.

Liability of State Officials and Prison Corporations for Excessive Use of Force Against Inmates of Private Prisons, 40 Vand. L. Rev. 983 (1987).

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

Attorney General Opinions. Requiring an inmate to prepay before being housed in a certain facility would violate the Equal Protection Clause of the United States Constitution, OAG 03-141, 2003 Tenn. AG LEXIS 162 (11/07/03).

An alternative facility is permissible, but only if it is operated pursuant to a contract approved by the county legislative body, OAG 03-141, 2003 Tenn. AG LEXIS 162 (11/07/03).

The use of alternative misdemeanor jail facilities may help eliminate overcrowding in a county jail, OAG 03-141, 2003 Tenn. AG LEXIS 162 (11/07/03).

NOTES TO DECISIONS

1. In General.

This chapter provides a general scheme and by implication repeals earlier acts. State ex rel. West v. Butcher, 93 Tenn. 679, 28 S.W. 296, 1894 Tenn. LEXIS 15 (1894).

41-2-102. Jail as workhouse.

Any county not having provided a separate workhouse may, through its county legislative body, declare its jail to be a workhouse, if the jail is, in the opinion of the members of the county legislative body, of sufficient capacity and suitable for the purpose. From and after the declaration the jail shall be known as, and shall be, the county workhouse, and the county shall have thereafter the benefit of all laws in the state applying to workhouses.

Acts 1891, ch. 123, § 2; Shan., § 7399; Code 1932, § 12005; impl. am. Acts 1978, ch. 934, §§ 36, 37; impl. am. Acts 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 41-1202.

NOTES TO DECISIONS

1. Conversion of Jail Into Workhouse.

Under this statute, the workhouse may be separate from the jail or the jail may be declared a workhouse. State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916).

2. Cost of State Prisoners.

When one is convicted of a felony punishable by imprisonment in the penitentiary but sentence is commuted to imprisonment in the county jail or workhouse, the state is liable for the cost of his safekeeping. Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914); State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916); State v. Sellars, 143 Tenn. 31, 223 S.W. 447, 1919 Tenn. LEXIS 23 (1919).

41-2-103. Sentence to county workhouse.

It is the duty of the judges of the circuit or criminal courts, whenever prisoners are convicted of any offense for which they are confined in the workhouse, to sentence the prisoners to the workhouse of the county, portable, movable or stationary, as may be provided and established in the county.

Acts 1907, ch. 445, § 3; Shan., § 7399a3; Code 1932, § 12011; T.C.A. (orig. ed.), § 41-1205.

41-2-104. Board of workhouse commissioners — Alternative administration.

  1. When any county has established a separate workhouse, or the jail in any county has been declared a workhouse, the county legislative body of the county shall elect four (4) competent persons, who, in conjunction with the county mayor, shall be known as the board of workhouse commissioners, of which the county mayor shall be, ex officio, chair of the board.
  2. Two (2) of the commissioners shall serve for the term of one (1) year and two (2) for the term of two (2) years; and annually thereafter, on the first Monday in January, the county legislative body shall elect two (2) commissioners for the term of two (2) years, and all vacancies shall be filled by like election for the unexpired term of the commissioner whose place is to be supplied.
  3. The workhouse commissioners shall take an oath faithfully to discharge and perform the duties of their office, which oath shall be filed with the county clerk, and a record of the oath made on the minutes of the county legislative body. They shall appoint one (1) of their number secretary.
  4. Where a separate workhouse has been established, the commissioners shall have charge, supervision and control of the workhouse in all of its departments, the inmates, the appointment or selection of a superintendent of the workhouse, all necessary guards and other employees, the discharging thereof at any time, in the discretion of the commissioners, and generally to regulate and control that department of the county's business.
  5. The board of commissioners shall:
    1. Meet once each month, and more often if necessary, for the transaction of business, at the office of the county mayor;
    2. Keep, in a well-bound book to be furnished by the county, full and complete minutes of their proceedings;
    3. Examine all accounts submitted to them by the superintendent, approve the accounts if found correct, and enter them on their minutes, showing from whom supplies were furnished, and for what purpose, and the amount. The chair and secretary shall sign the accounts, and deliver them to the county mayor, who shall issue a warrant for their payment, and keep a record of the accounts, designating to whom issued, and for what purpose, and shall preserve the vouchers; and
    4. Visit and inspect the workhouse prisoners, where at work, as often as necessary.
  6. Three (3) members of the board shall constitute a quorum for the transaction of business.
  7. The board of commissioners shall each receive such compensation as may be fixed by the county legislative body, to be paid quarterly upon warrant of the executive.
      1. As an alternative to a board of workhouse commissioners, any county may, upon the recommendation of the county mayor and a resolution passed by a two-thirds (2/3) vote of the county legislative body, place the operation, supervision and control of the county workhouse under the administrative control of the county mayor. If a county chooses the alternative provided by this subdivision (h)(1)(A), the county mayor shall possess the same powers, duties and responsibilities as are provided by this section for the board of workhouse commissioners.
      2. As a further alternative to a board of workhouse commissioners, any county may, upon recommendation by the county mayor, and by resolution of the county legislative body, place the operation, supervision and control of the county workhouse under the administrative control of the county sheriff. Administrative control of the workhouse shall be subject to such terms and conditions as the county legislative body and the sheriff may agree. Notwithstanding any law to the contrary, the agreement between the county legislative body and the sheriff may provide for the payment of additional compensation to the sheriff for the services. If a county chooses this further alternative as provided in this subdivision (h)(1)(B), the sheriff shall possess the same powers, duties and responsibilities as are provided by this section for the board of workhouse commissioners, unless otherwise provided by the agreement between the county legislative body and the sheriff.
    1. Subdivision (h)(1) shall not apply in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.

Acts 1891, ch. 123, §§ 3, 5, 6; Shan., §§ 7400-7402, 7404, 7406, 7408; Code 1932, §§ 12012-12015, 12017, 12019; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§ 41-1206 — 41-1211; Acts 1984, ch. 855, § 1; 1988, ch. 861, § 1; 1997, ch. 100, § 1; 2003, ch. 90, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 23.

NOTES TO DECISIONS

1. Superintendent Not Liable for Shooting by Guard.

A superintendent was acting in a governmental capacity when he employed a guard, and for latter's shooting a prisoner against his orders and not in his presence, the superintendent is not liable to wounded prisoner for damages. Lunsford v. Johnston, 132 Tenn. 615, 179 S.W. 151, 1915 Tenn. LEXIS 55 (1915).

41-2-105. Labor prescribed for prisoners.

The board of workhouse commissioners shall prescribe the kind of labor at which the prisoners shall be put; provided, that when practicable, they shall be worked on the county roads in preference to all other kinds of labor.

Acts 1891, ch. 123, § 5; Shan., § 7405; Code 1932, § 12016; T.C.A. (orig. ed.), § 41-1212.

Cross-References. Felons to work on roads when practicable, § 41-2-123.

NOTES TO DECISIONS

1. Workhouse Labor is “Hard Labor.”

A sentence to the workhouse is a sentence to hard labor, whether expressly so pronounced or not. Durham v. State, 89 Tenn. 723, 18 S.W. 74, 1890 Tenn. LEXIS 94 (1891).

41-2-106. Quarterly audit.

The board of workhouse commissioners shall, at the close of each quarter, at least two (2) days before the meeting of the county legislative body, submit the book kept by the superintendent and the minute book of the board to the county mayor, for settlement and comparison with the audited account kept in the county mayor's office; and, if found correct, the county mayor shall endorse on the books “examined and approved” and sign the books officially.

Acts 1891, ch. 123, § 6; Shan., § 7407; Code 1932, § 12018; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1213; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-2-107. Workhouse superintendents.

    1. The board of commissioners shall appoint a superintendent of the workhouse.
    2. The superintendent shall be appointed on the first Monday in January of every even-numbered year, and hold office for two (2) years, unless sooner suspended or removed, as provided in § 41-2-104(d).
  1. The superintendent shall take an oath, and give bond for the faithful discharge of the superintendent's duty, with two (2) or more approved sureties, or an approved surety company, in the sum of one thousand dollars ($1,000), payable to the state for the use of the county, before the county mayor, which oath and bond shall be filed with the county clerk, and record of the oath and bond made on the minutes of the county legislative body.
  2. The salary of the superintendent shall be fixed by the commissioners and shall be paid quarterly on the warrant of the county mayor.

Acts 1891, ch. 123, § 7; Shan., §§ 7409, 7410; mod. Code 1932, §§ 12020, 12021; modified; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§ 41-1214, 41-1216; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Superintendents, appointment and salary, §§ 4-6-103, 4-6-104.

41-2-108. Sheriff as superintendent.

Whenever the jail in any county has been declared a workhouse, as provided in § 41-2-102, the sheriff shall be ex officio the superintendent of the workhouse. All persons liable to imprisonment for safekeeping, whether charged with felonies or misdemeanors, shall be confined in the workhouse, securely kept and properly cared for.

Acts 1891, ch. 123, §§ 10, 11; Shan., § 7415; mod. Code 1932, § 12024; T.C.A. (orig. ed.), § 41-1215.

Cross-References. Service of jail or workhouse sentences on nonconsecutive days, § 40-20-117.

Law Reviews.

The New Tennessee Code (Charles C. Trabue), 10 Tenn. L. Rev. 155 (1932).

NOTES TO DECISIONS

1. Safekeeping.

The safekeeping provided for in this section covers a safekeeping in workhouse or jail both before and after conviction and also on commutation from penitentiary confinement. Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914).

41-2-109. Care of prisoners.

It is the duty of the superintendent to:

  1. Discharge each prisoner as soon as the prisoner's time is out, or upon order of the board of commissioners;
  2. See that the prisoners are properly guarded to prevent escape;
  3. See that they are kindly and humanely treated, and properly provided with clothing, wholesome food properly cooked and prepared for eating three (3) times a day when at work;
  4. See that they are warmly and comfortably housed at night and in bad weather;
  5. See that when sick they have proper medicine and medical treatment, and, in case of death, are decently buried; and
  6. Keep the males separate from the females.

Acts 1891, ch. 123, § 8; Shan., § 7411; Code 1932, § 12022; T.C.A. (orig. ed.), § 41-1217.

Cross-References. Regulation and care of inmates, title 41, ch. 21, part 2.

Sanitary inspections, § 4-3-1803.

Attorney General Opinions. Constitutionality of using prison labor wearing leg irons, OAG 98-083, 1998 Tenn. AG LEXIS 83 (4/13/98).

NOTES TO DECISIONS

1. Responsibility of Commissioners.

The fact that commissioners knew nothing of the mistreatment of a particular prisoner would not excuse them, if cruelties administered as part of the discipline of the workhouse were attended with circumstances showing their failure to know and act was the result of willfullness and malice; the malice required not necessarily being express ill will towards the particular prisoner, or a conscious disregard of his welfare, but a promiscuous disregard of the interest and welfare of the inmates of the workhouse. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

The duty of the commissioners responsible for the workhouse to see that the inmates of the county workhouse are kindly and humanely treated is a ministerial one. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

2. —Corporal Punishment.

If the workhouse commissioners have authority to inflict corporal punishment upon the inmates of that institution, they have no power to delegate that authority to a workhouse superintendent or other person. Peters v. White, 103 Tenn. 390, 53 S.W. 726, 1899 Tenn. LEXIS 119 (1899).

Commissioners responsible for the workhouse are liable for injuries to workhouse convicts resulting from a system of corporal punishment practiced therein, of which they either knew or by the exercise of ordinary care could have known. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

In an action for death of a workhouse convict, prima facie proved to have been the result of corporal punishment constantly practiced in the workhouse, the commissioners must show that they exercised ordinary care to see that plaintiff's intestate was kindly and humanely treated. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

3. —Acts of Employees.

As between county commissioners and foreman and guard of county workhouse the rule of respondeat superior does not apply as to ill treatment by the foreman and the guard of workhouse prisoners. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

Where neglect of the statutory duties of county commissioners to see that workhouse convicts are properly treated resulted in the death of a convict from mistreatment by foreman or guard, it was immaterial, so far as the commissioners' liability therefor was concerned, whether misfeasance or nonfeasance, since they owed an active duty to see that the statutory mandate was carried out, and failure to perform a positive duty is a positive wrong. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

4. —Under Contract With City.

Under a contract between a city and county for assignment of city prisoners to county workhouse, providing that the prisoners shall be “guarded and taken care of in every way by the county,” a city prisoner was made a prisoner of the county workhouse, under the exclusive charge of the county. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

5. —Child of Inmate.

The superintendent of a workhouse cannot lawfully receive an inmate's child into that institution, or permit it to remain, even on payment for its board. Peters v. White, 103 Tenn. 390, 53 S.W. 726, 1899 Tenn. LEXIS 119 (1899).

6. Evidence.

Evidence of the mistreatment of other prisoners, and of the conduct of the foreman and guards with respect to them, was competent to show the constant, general and notorious practice of beating prisoners to show the neglect of defendant commissioners in not ascertaining the truth. Hale v. Johnston, 140 Tenn. 182, 203 S.W. 949, 1918 Tenn. LEXIS 33 (1918), overruled in part, Bowers v. Chattanooga, — S.W.2d —, 1991 Tenn. LEXIS 485 (Tenn. Dec. 9, 1991), overruled, Bowers v. City of Chattanooga, 826 S.W.2d 427, 1992 Tenn. LEXIS 131 (Tenn. 1992).

7. Medical Care.

County jail breached its duty of care to an inmate during the incarceration of the inmate by failing to provide the inmate access to proper medical treatment during the inmate's confinement when the inmate was not given a physical within 14 days of entering the jail and the inmate complained of headaches, dizziness, and vision problems. Payne v. Tipton County, 448 S.W.3d 891, 2014 Tenn. App. LEXIS 183 (Tenn. Ct. App. Mar. 31, 2014), appeal denied, Payne ex rel. Payne v. Tipton County, — S.W.3d —, 2014 Tenn. LEXIS 709 (Tenn. Sept. 18, 2014).

41-2-110. Accounts and reports.

    1. The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for the workhouse, keeping the account for supplies separate from implements and tools.
    2. The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date.
    3. The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.
  1. The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body.

Acts 1891, ch. 123, § 9; Shan., § 7412; Code 1932, § 12023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1218.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1975).

41-2-111. Sentence to hard labor — Good time credit — Disciplinary review board.

  1. In all cases where a person is by law liable to be imprisoned in the county jail for punishment or for failure to pay a fine, that person shall be sentenced to be confined, and shall be confined, at hard labor in the county workhouse until the expiration of the sentence of imprisonment or, subject to the limitations imposed by § 40-24-104, until the fine has been worked out, paid or secured to be paid.
  2. Each such prisoner who has been sentenced to the county jail or workhouse for any period of time less than one (1) year on either a misdemeanor or a felony, and who behaves uprightly, shall have deducted from the sentence imposed by the court time equal to one quarter (¼) of the sentence. In calculating the amount of good time credit earned, the one-quarter reduction shall apply to the entire sentence, including pretrial and post-trial confinement. Fractions of a day's credit for good time of one half (½) or more shall be considered a full day's credit. If any prisoner violates the rules and regulations of the jail or workhouse, or otherwise behaves improperly, the sheriff or superintendent of the institution may revoke all or any portion of the prisoner's good time credit; provided, that the prisoner is given a hearing in accordance with due process before a disciplinary review board and is found to have violated the rules and regulations of the institution.
    1. The disciplinary review board for each institution shall be composed of six (6) impartial members, one (1) or more of whom may be members of the jail or workhouse staff.
    2. The members of the disciplinary review board, which is created by this section, shall be appointed by the sheriff or superintendent of the jail or workhouse where the institution is located, subject to approval by the county legislative body.
    3. Members shall serve for a period of two (2) years, except that appointments made to fill unexpired terms shall be for the period of the unexpired terms.
    4. No less than one (1) and no more than three (3) of the members of the disciplinary review board are required to transact the business authorized by this section.
    5. The county legislative body is authorized to establish the rate of compensation for such board members. In any county having a population of more than seven hundred thousand (700,000) according to the 1980 federal census or any subsequent federal census, this subsection (c) shall not apply.
    6. Members of the board, while acting in good faith, shall not be subject to civil liability relative to the performance of duties delegated to the board by this section.
  3. The prisoner shall be given notice of the disciplinary hearing and shall have the right to call witnesses in the prisoner's behalf. The decisions of the disciplinary review board for workhouse inmates may be appealed to the sheriff or workhouse superintendent.

Acts 1891, ch. 123, § 12; Shan., § 7417; Code 1932, § 12026; Acts 1967, ch. 103, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; 1982, ch. 940, § 1; T.C.A. (orig. ed.), § 41-1219; Acts 1986, ch. 744, §§ 4-9; 1995, ch. 315, § 1; 2005, ch. 307, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Collection and settlement of costs and fines, §§ 40-24-10240-24-107.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.125.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 52, 54.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

Attorney General Opinions. Sentence credits for inmates of county jails and workhouses, OAG 96-061, 1996 Tenn. AG LEXIS 68 (4/4/96).

Sentence credits for the offense of driving under the influence of an intoxicant, OAG 99-158, 1999 Tenn. AG LEXIS 150 (8/19/99).

Sentence credits pursuant to § 41-2-111 for inmates in county jails or workhouses, OAG 00-051, 2000 Tenn. AG LEXIS 51 (3/20/00).

Notwithstanding 41-2-111(b), there is no authority for a court to impose a day-for-day sentence following probation revocation. OAG 02-125, 2002 Tenn. AG LEXIS 130 (11/25/2002)

Good-time credits mandated by subsection (b) of this section apply only to post-sentence detention, not to pre-sentence detention, OAG 03-166, 2003 Tenn. AG LEXIS 177 (12/23/03).

NOTES TO DECISIONS

1. Constitutionality.

It is unconstitutional as a violation of due process and a denial of trial by jury to require a prisoner that escaped, to work out or pay the cost of his recapture without providing for a hearing in which prisoner has right to be heard, produce evidence, and be represented by counsel. Strong v. State, 129 Tenn. 472, 166 S.W. 967, 1914 Tenn. LEXIS 135 (1914).

It is a denial of equal protection to require an indigent defendant to work out as costs, those costs occurring prior to trial which could have been avoided if defendant had been wealthy enough to post bail. Dillehay v. White, 264 F. Supp. 164, 1966 U.S. Dist. LEXIS 9918 (M.D. Tenn. 1966); State ex rel. Hawkins v. Luttrell, 221 Tenn. 32, 424 S.W.2d 189, 1968 Tenn. LEXIS 514 (1968).

To imprison a person in the county jail to work out the cost which accrued in the case is not a violation of the equal protection portion of U.S. Const. amend. 14. State ex rel. Dillehay v. White, 217 Tenn. 524, 398 S.W.2d 737, 1966 Tenn. LEXIS 656 (1966), but see Dillehay v. White, 264 F. Supp. 164, 1966 U.S. Dist. LEXIS 9918 (M.D. Tenn. 1966); Wilson v. Sloan, 1 Tenn. Crim. App. 263, 438 S.W.2d 75, 1968 Tenn. Crim. App. LEXIS 122 (Tenn. Crim. App. 1968).

In Tennessee, costs are not part of the punishment in a criminal case; therefore, the statutes permitting imprisonment for their nonpayment are void in that respect as violative of U.S. Const. amend. 13. Anderson v. Ellington, 300 F. Supp. 789, 1969 U.S. Dist. LEXIS 12591 (M.D. Tenn. 1969).

2. Costs Not to Be Worked Out.

Workhouse convicts cannot be compelled to work out costs and fees accruing after their conviction. Knox County v. Fox, 107 Tenn. 724, 65 S.W. 404, 1901 Tenn. LEXIS 124 (1901); Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914).

A prisoner is not required to pay or work out the cost of his prison boarding or turnkey fees. Knox County v. Fox, 107 Tenn. 724, 65 S.W. 404, 1901 Tenn. LEXIS 124 (1901).

Litigation taxes are not part of the fine or costs and a defendant cannot be made to work out litigation taxes in jail. Wilson v. Sloan, 1 Tenn. Crim. App. 263, 438 S.W.2d 75, 1968 Tenn. Crim. App. LEXIS 122 (Tenn. Crim. App. 1968).

3. Liability of County to State.

A county is not liable to the state for costs worked out in the county workhouse upon a commuted sentence for felony, but the county is liable, if such costs are paid in money or its equivalent. State v. Davidson County, 96 Tenn. 178, 33 S.W. 924, 1895 Tenn. LEXIS 23 (1896).

4. Revenue.

This section does not attempt to define what is state and what is county revenue and in no way modifies § 40-24-106. Nelson v. Loudon County, 176 Tenn. 632, 144 S.W.2d 791, 1940 Tenn. LEXIS 111 (1940).

5. Waiver of Deductions.

A defendant who accepted as the conditions of probation that he serve a certain sentence minus pretrial jail credit waived the right to any further deductions. State v. Trout, 685 S.W.2d 297, 1984 Tenn. Crim. App. LEXIS 2641 (Tenn. Crim. App. 1984).

6. Driving Under the Influence.

Good conduct credits may be earned on driving under the influence sentences of less than one year as long as the credits do not reduce the mandatory minimum sentence of incarceration required by law. State v. Clark, 67 S.W.3d 73, 2001 Tenn. Crim. App. LEXIS 548 (Tenn. Crim. App. 2001).

7. Contempt Arising Out of a Civil Matter.

The portions of the criminal code that require the court to set a percentage of the sentence that must be served (T.C.A. § 40-35-302(d)) and that allow a misdemeanant to earn good conduct credits while serving time in a local jail (T.C.A. § 41-2-111(b)) do not apply to a defendant convicted of criminal contempt arising out of a civil matter; the possible punishment is already so limited (a $50 fine and/or ten days in jail, T.C.A. § 29-9-103(b)) that the legislature could hardly have intended to mandate a further reduction. State v. Wood, 91 S.W.3d 769, 2002 Tenn. App. LEXIS 330 (Tenn. Ct. App. 2002), appeal denied, — S.W.3d —, 2002 Tenn. LEXIS 526 (Tenn. Nov. 12, 2002).

8. Good Time Credits.

In a perjury case, because the trial court could not preclude defendant from earning good time credits, the portion of her sentence in which she had to serve four of the six months in confinement before earning good time credits had to be reversed. State v. Riner, — S.W.3d —, 2018 Tenn. Crim. App. LEXIS 676 (Tenn. Crim. App. Sept. 4, 2018).

Trial court improperly restricted defendant's ability to accumulate good behavior credits by ordering her to serve four months before being eligible to accumulate such credits. State v. Leininger, — S.W.3d —, 2019 Tenn. Crim. App. LEXIS 39 (Tenn. Crim. App. Jan. 18, 2019).

41-2-112. Fine accompanying sentence to workhouse.

When any person is sentenced to the workhouse, the judge of the court trying the case shall fix the fine in each case against the prisoner at a sum equal to the state and county tax provided by law; provided, that a greater fine may be entered, in the discretion of the court.

Acts 1891, ch. 123, § 13; Shan., § 7418; Code 1932, § 12027; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1220.

41-2-113. Sentence to workhouse in lieu of jail.

In all cases where a person is by law liable to be imprisoned in the county jail for safekeeping or punishment, confinement in the workhouse, if one is provided, may, in the discretion of the court, be substituted.

Code 1858, § 5413; Shan., § 7393; Code 1932, § 12006; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1221.

Cross-References. Probation coupled with periodic confinement, § 40-35-307.

Split confinement, § 40-35-306.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, §§ 2, 8.

NOTES TO DECISIONS

1. Construction with Other Laws.

This section was not repealed by Acts 1875, ch. 83, providing that misdemeanants “shall be confined in the county workhouse,” nor is it abrogated by the terms of the workhouse act, whether the imprisonment be of misdemeanants or felons under commutation. State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916).

2. Discretion of Court.

It is assumed that the court will commit women and infirm state prisoners, unfit for the hard labor to be encountered in the workhouse, to the jail rather than the workhouse in the exercise of the discretion lodged in him by this section. State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916).

The discretion exists to imprison in jail or workhouse, whether for misdemeanor or felony, but it is imperative that the fine and costs must be worked out in misdemeanor cases. State v. Sellars, 143 Tenn. 31, 223 S.W. 447, 1919 Tenn. LEXIS 23 (1919).

3. Misdemeanors.

Imprisonment at hard labor in the county workhouse, as a punishment for a misdemeanor and for the fine and costs, is proper. Ex parte Griffin, 88 Tenn. 547, 13 S.W. 75, 1889 Tenn. LEXIS 75 (1890); Durham v. State, 89 Tenn. 723, 18 S.W. 74, 1890 Tenn. LEXIS 94 (1891).

4. Liability of State.

The circuit judge in his discretion having committed the defendant convicted of petit larceny to the county jail, the state was liable for the costs. State v. Sellars, 143 Tenn. 31, 223 S.W. 447, 1919 Tenn. LEXIS 23 (1919).

41-2-114, 41-2-115. [Reserved.]

  1. A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and to the county mayor by the clerk of the court trying the case and shall specify:
    1. The name of the inmate;
    2. Date of sentence;
    3. Crime for which committed;
    4. The term of imprisonment; and
    5. Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.
  2. The superintendent shall also keep a record of the age, sex, complexion, color of the hair and eyes and nationality of each inmate.

Acts 1891, ch. 123, § 15; Shan., § 7420; Code 1932, § 12029; impl. am. Acts 1978, ch. 934, §§ 16, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1224; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Records of inmates, § 4-6-140.

NOTES TO DECISIONS

1. Acting on Bill of Costs.

The statute contemplates that the bills of cost shall be acted upon before they are worked out, because, when taxed, they are required to be certified to the county judge and to the superintendent of the workhouse, in order that it may appear what is the extent of the defendant's punishment, and for what length of time he must be confined, or what amount of money he must pay in order to relieve himself of the judgment. Musgrove v. Hamilton County, 111 Tenn. 1, 77 S.W. 779, 1903 Tenn. LEXIS 1 (1903).

41-2-117. Workhouse sentence beginning after term in penitentiary.

When any inmate is sentenced by the courts to the workhouse, the inmate's time of sentence to begin after a term of imprisonment in the penitentiary has expired, the judge of the court shall, in the commitment to the penitentiary, cause this fact to appear and shall direct the warden of the penitentiary to notify the superintendent of the workhouse of the time when the inmate will be discharged. It is the warden's duty to deliver the inmate upon the order of the superintendent.

Acts 1891, ch. 123, § 14; Shan., § 7419; Code 1932, § 12028; T.C.A. (orig. ed.), § 41-1225.

41-2-118. Medical care of prisoners.

  1. Where any county has a health officer and jail physician, the person shall attend on all workhouse prisoners while they remain in the jail building after sentence to the workhouse and give them medicine and medical treatment as may be necessary. The health officer and physician shall receive no additional compensation for the services other than the person's regular salary.
  2. Where there is no health officer and jail physician, the county may contract for services with a private physician.

Acts 1891, ch. 123, § 21; Shan., § 7427; Code 1932, § 12036; T.C.A. (orig. ed.), § 41-1226; Acts 1986, ch. 744, § 11.

Cross-References. Medical and dental care, §§ 4-6-1094-6-113.

41-2-119. Board for state prisoners.

  1. The state shall pay for the board of state prisoners in accordance with chapter 8 of this title.
  2. Within the time requirements of § 41-8-106, the number of prisoners held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk.

Acts 1891, ch. 123, § 11; Shan., § 7416; Code 1932, § 12025; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1227; Acts 1986, ch. 744, § 12.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

NOTES TO DECISIONS

1. Commuted Prisoners.

The provision of this section that the state shall pay for the board of state prisoners covers prisoners held in the workhouse for safekeeping, before and after conviction, on commutation from penitentiary confinement. Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914); State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916).

Where a convicted felon is commuted from imprisonment in the state penitentiary to imprisonment in the county jail, the state is liable for his maintenance in the county jail, but is not liable for his maintenance in the county workhouse when held to hard labor on commutation of sentence. State v. Gibson County, 134 Tenn. 526, 184 S.W. 29, 1916 Tenn. LEXIS 1 (1916).

41-2-120. Refusal to work or disorderly conduct.

  1. Any prisoner refusing to work or becoming disorderly may be confined in solitary confinement, or subjected to such other punishment, not inconsistent with humanity, as may be deemed necessary by the sheriff or superintendent for the control of the prisoners, including reducing sentence credits pursuant to the procedure established in § 41-2-111.
  2. Prisoners refusing to work, or while in solitary confinement, shall receive no credit for the time so spent.

Acts 1891, ch. 123, § 17; Shan., § 7422; Code 1932, § 12032; T.C.A. (orig. ed.), § 41-1228; Acts 1986, ch. 744, § 13.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 9.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

NOTES TO DECISIONS

1. Corporal Punishment.

Even if this section gives the commissioners power to delegate to the superintendent authority to inflict corporal punishment, use of the lash was not justified by the fact that the prisoner refused to pay for support of a nine-year-old child which she brought with her to the workhouse and that she retorted to the superintendent that she would talk all she pleased and dared him to whip her. Peters v. White, 103 Tenn. 390, 53 S.W. 726, 1899 Tenn. LEXIS 119 (1899).

41-2-121. Transfer to department of correction.

  1. Whenever the sheriff or superintendent in charge of the county workhouse or penal farm determines that a prisoner who is convicted and sentenced to the workhouse or penal farm under § 40-23-104, § 40-35-314 or former § 40-35-311 proves to be a troublemaker or does not adjust to the proper type of operation of the workhouse or penal farm and creates a problem, the sheriff or superintendent may then present to the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence a petition setting forth the reasons why, in the officer's opinion, an order should be entered transferring the prisoner from the county workhouse or penal farm to the department of correction.
  2. A copy of the petition shall be served upon the prisoner by the sheriff and the prisoner then brought before the court to show cause why the prisoner should not be transferred from the county workhouse or penal farm to the department to serve out the term in the department in conformity with the allegations and prayer of the petition before the court. If the judge of the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence is not immediately available due to death, illness, recess or any other reason, the petition may be presented to and acted upon by any other judge of a court of equal or concurrent jurisdiction.

Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 272, § 1; T.C.A. (orig. ed.), § 41-1229; Acts 1986, ch. 744, §§ 14-16.

Compiler's Notes. The reference in this section to former § 40-35-311 is apparently a reference to the version of §  40-35-311 in effect  prior to November 1, 1989, when that section was repealed and replaced with different provisions.

41-2-122. Transfer to state psychiatric hospital.

  1. Whenever the sheriff or superintendent or other official in charge of the county workhouse or penal farm determines that a prisoner convicted and sentenced to the workhouse or penal farm requires hospitalization for treatment of a mental illness, that official may seek the admission of the prisoner to a state psychiatric hospital under § 33-6-201, title 33, chapter 6, part 4 or title 33, chapter 6, part 5.
  2. A prisoner from a workhouse or penal farm who is admitted to a state psychiatric hospital under § 33-6-201, title 33, chapter 6, part 4 or title 33, chapter 6, part 5 shall be returned to the workhouse or penal farm whenever the superintendent of the hospital determines that the prisoner no longer meets the standards under which the prisoner was admitted or when continued hospitalization is no longer advisable or beneficial.

Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 164, § 1; 1977, ch. 387, § 3; T.C.A. (orig. ed.), § 41-1230; Acts 1986, ch. 744, § 17; 2000, ch. 947, §§ 8A, 8C, 8E.

41-2-123. Road work by prisoners — Credit for time worked — Grants for litter abatement — Governmental immunity.

  1. All prisoners sentenced to the county workhouse under § 40-23-104 or former § 40-35-311 shall be worked on the county roads under the supervision of the chief administrative officer of the county highway department, when, in the opinion of the chief administrative officer, a sufficient number are available to pay the county for the necessary expense incurred for keeping and caring for them. The prisoners may be utilized by municipalities within the county by mutual agreement between the county sheriff or superintendent of the county workhouse and the chief executive officer of the municipality.
    1. When any prisoner has been sentenced to imprisonment in a county workhouse or county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, the sheriff of the county or the superintendent of the county workhouse, or both, are authorized to permit the prisoner to work on the county roads or within municipalities within the county on roads, parks, public property, public easements or alongside public waterways up to a maximum of fifty feet (50') from the shoreline.
    2. It is the duty of the prisoners to pick up and collect litter, trash and other miscellaneous items unsightly to the public that have accumulated on the county roads. All prisoners participating in this work program shall be under the supervision of the county sheriff or the sheriff's representative or the superintendent of the county workhouse or the superintendent's representative. Prisoners utilized by a municipality shall be supervised by representatives of the municipality. The prisoners may be utilized by the municipalities for such duties or manual labor as the municipality deems appropriate.
    3. Work performed by the prisoner under this subsection (b) shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on the road by the prisoner, the prisoner's sentence shall be reduced by two (2) days.
  2. The commissioner of transportation is authorized to make grants to the several counties of the state, either through the office of sheriff or that of county mayor, or other appropriate official, for the purpose of funding programs for the collection of litter and trash along county, state and interstate roads and highways within the respective counties. The grants may provide for the use of labor of prisoners sentenced to the county workhouse and may fund expenses, including, but not limited to, salaries, administration and the purchase, maintenance and operation of equipment. Not more than ten percent (10%) of the funds awarded by a grant under this subsection (c) shall be expended for the purpose of advertising or promoting a litter and trash collection program, and no part of such funds shall be used to purchase supplies, materials or equipment displaying the name or likeness of the administrator of such program or of any other individual. Local county officials and other recipients may submit applications outlining a plan for litter abatement, which may include recycling programs, to the department of transportation. All applications shall be subject to prior review and approval by the governor or designated agent.
    1. Neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any person for the acts of any prisoner while on a work detail, while being transported to or from a work detail, while attempting an escape from a work detail or after escape from a work detail.
    2. Except as provided in § 9-8-307, neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any prisoner or prisoner's family for death or injuries received while on a work detail, other than for medical treatment for the injury during the period of the prisoner's confinement.

Acts 1915, ch. 107, § 2; Shan., § 7207a2; Code 1932, § 11794; modified; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1979, ch. 249, §§ 1, 2; 1981, ch. 93, §§ 1, 2; 1981, ch. 290, § 1; 1981, ch. 307, § 4; T.C.A. (orig. ed.), § 41-1231; Acts 1983, ch. 98, §§ 1-5; 1986, ch. 744, §§ 18, 19; 1989, ch. 511, § 2; 2003, ch. 90, § 2; 2004, ch. 907, § 1.

Compiler's Notes. The reference in this section to § 40-35-311 is apparently a reference to the version of that section prior to November 1, 1989, when that section was repealed and replaced with different provisions.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Certain prisoners in local jail or workhouses, release on work-related program, § 41-2-147.

Road work by jail prisoners, title 41, ch. 22, part 3.

Use of prison labor by department of transportation, § 54-5-128.

Volunteer prisoner work program, title 4, ch. 6, part 2.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Board of probation and parole has no authority to remove sentence credits earned in local jail or workhouse pursuant to T.C.A. §§ 41-2-123, 41-2-146, 41-2-147 or 41-21-236, OAG 05-031, 2005 Tenn. AG LEXIS 31, (3/29/05).

NOTES TO DECISIONS

1. Construction.

Court of Appeals of Tennessee, at Nashville, concludes that T.C.A. § 41-2-123(d)(2) operates to remove immunity in cases where an inmate is injured while working on a detail, but only as it pertains to liability for medical treatment, and controls over the more general provisions of the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq.Vaughn v. City of Tullahoma, — S.W.3d —, 2017 Tenn. App. LEXIS 502 (Tenn. Ct. App. July 21, 2017).

An inmate in state custody, who was being housed in a county jail, was barred from bringing a claim under the provisions of the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq., to recover for injuries which the inmate suffered while on a work detail. Trojan v. Wayne Cty., — S.W.3d —, 2018 Tenn. App. LEXIS 421 (Tenn. Ct. App. July 23, 2018).

2. Liability for Medical Treatment.

Circuit court properly dismissed an inmate's suit against a city under the Tennessee Governmental Tort Liability Act because, while the city's immunity was statutorily removed in cases where an inmate was injured while participating on a work detail, the city was only liable to the inmate, if at all, for medical treatment during the period of his confinement, and the inmate was not entitled to recover additional damages where he did not dispute that the city paid his medical expenses and that there was no outstanding balance owed to providers. Elliott v. City of Manchester, — S.W.3d —, 2017 Tenn. App. LEXIS 493 (Tenn. Ct. App. July 24, 2017), appeal denied, — S.W.3d —, 2017 Tenn. LEXIS 796 (Tenn. Nov. 16, 2017).

3. Additional Damages.

Inmate was not entitled to recover additional damages where he did not dispute the affidavits of local officials stating that all medical expenses were paid, nor did he content that there were any unpaid expenses incurred during his period of incarceration. Vaughn v. City of Tullahoma, — S.W.3d —, 2017 Tenn. App. LEXIS 502 (Tenn. Ct. App. July 21, 2017).

41-2-124. Work contracts with other counties.

Any county not desiring to work its workhouse prisoners may, through its county mayor, by direction of the county legislative body, contract with any other county for the custody and employment of such prisoners. The prisoners shall then be worked and guarded by the county contracting to take them and shall be subject to any rules that may be established by the workhouse commissioners of that county.

Acts 1891, ch. 123, § 22; Shan., § 7428; Code 1932, § 12037; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1232; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-2-125. Contracts with department of transportation.

The department of transportation is authorized to enter into and make such contracts as may be deemed advisable by the department, with county officials charged by law to work workhouse prisoners in the construction or reconstruction of roads and to compensate such counties by allowing credit to the county in cooperating in the construction or reconstruction of roads with the department, for the state or federal government, upon such terms as may be approved by the appropriate department of the government of the United States and the Tennessee department of transportation.

Acts 1917, ch. 40, § 3; Shan., § 7581a22; impl. am. Acts 1923, ch. 7, §§ 1, 33; Code 1932, § 12204; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1981, ch. 264, § 12; T.C.A. (orig. ed.), § 41-1233.

Cross-References. Use of prison labor by department of transportation, § 54-5-128.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 54.

41-2-126. Contract to bail out prisoner — Surrender of prisoner by bailee — Action against delinquent bailee.

  1. Any person, after sentence of punishment by imprisonment of any prisoner has expired, may, by contract with the workhouse commissioners and with the consent of the prisoner, bail out any prisoner, under the following form and conditions:

    State of Tennessee,

    County of  .

    I,  , principal, and  , sureties, do hereby agree to pay the State of Tennessee, for the use of  county, the sum of  dollars, in monthly installments of  dollars, to be paid on the  day of each month, until the whole is paid, this being the amount for which  is confined in the  county workhouse.  agrees to be bailed out of the workhouse by above parties, and agrees to work out or pay the amount above specified as therein stated, at the office of the county mayor. Should  fail to do so, then  is liable to be arrested and delivered to the superintendent of the workhouse, to work out any balance unpaid and the costs of the arrest. In case of default and arrest, the bailee is only liable for the amount falling due prior to the arrest.

    This  day of  , 20 .

    1. The prisoner, while so bailed, shall be in the hands of the bailee, who may, at any time, surrender and turn over the prisoner to the superintendent of the workhouse and shall be discharged from further liability on the contract; provided, that the bailee shall pay into the county treasury, on receivable warrant of the county mayor, the amount falling due by the terms of the contract prior to the surrender of the prisoner.
    2. The bailee shall have the power to arrest the prisoner in person or through any sheriff or constable anywhere in the state; and the prisoner, when arrested, shall be delivered to the superintendent of the workhouse and shall be compelled to work out such part of the original fine and costs as have not been worked out or paid by the prisoner under the agreement and the costs of the arrest in addition.
  2. If the bailee fails to pay the fine and costs, or costs only, according to the agreement, then the county mayor shall, in the name of the state, for the use of the county, proceed against the bailee and the sureties before any general sessions or circuit court.

Acts 1891, ch. 123, §§ 19, 20; Shan., §§ 7424-7426; Code 1932, §§ 12033-12035; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 41-1234 — 41-1236; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, § 4; 8 Tenn. Juris., Criminal Procedure, § 54.

NOTES TO DECISIONS

1. Prerequisite for Bond.

Bail cannot be given until the term of imprisonment imposed as a part of the punishment has been served. State ex rel. Estill v. Endsley, 122 Tenn. 647, 126 S.W. 103, 1909 Tenn. LEXIS 37, 135 Am. St. Rep. 886 (1910).

2. Acceptance of Bond.

The statute does not require the acceptance mandatorily of a bail bond, but simply authorizes commissioners to contract with respect thereto, and they can require all cash or accept bond for entire sum, or require part cash and the balance on time, secured by bond. State ex rel. Davis v. County Comm'rs of Shelby County, 154 Tenn. 141, 285 S.W. 45, 1925 Tenn. LEXIS 114 (1926).

City court exceeded its authority where it accepted bond of defendant for payment of fine without surety but defendant could be arrested and required to work out fine, if the fine was not paid. Thompson v. State, 191 Tenn. 221, 232 S.W.2d 42, 1950 Tenn. LEXIS 568 (1950).

3. Delivery of Prisoner by Sureties.

Chancery court did not have jurisdiction of proceeding by state for the use of county to sell interest of defendant in land and for application of proceeds of sale on bond executed by defendant and his sureties to secure payment of fine and costs due county where sureties had delivered defendant to superintendent of workhouse to work out fine, and who was subsequently released on his own recognizance, since by such delivery the bond became functus officio and defendant was required to work out fine and costs. State use of Jackson County v. Stafford, 183 Tenn. 186, 191 S.W.2d 442, 1946 Tenn. LEXIS 200 (1946).

4. Rearrest.

A sheriff did not have authority to rearrest a prisoner wrongfully discharged but was entitled to retain prisoner in custody under original commitment. State ex rel. Estill v. Endsley, 122 Tenn. 647, 126 S.W. 103, 1909 Tenn. LEXIS 37, 135 Am. St. Rep. 886 (1910).

Where defendant and his sureties defaulted on workhouse bond executed under this section, defendant could be rearrested and confined for purposes of satisfying remainder of fine and costs and state's remedy was not limited to civil suit on bond. State ex rel. Siebers v. Cummings, 208 Tenn. 612, 348 S.W.2d 292, 1961 Tenn. LEXIS 329 (1961).

41-2-127. Release of prisoners for occupational, scholastic or medical purposes.

  1. Counties having a population of six hundred thousand (600,000) or more, according to the 1960 federal census or any subsequent federal census, shall permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 — 41-2-132.
  2. All other counties of this state are authorized to permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 — 41-2-132.

Acts 1967, ch. 259, § 1; 1972, ch. 626, § 1; T.C.A., § 41-1237.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-32-4.

Law Reviews.

Imprisonment for Nonpayment of Fines and Costs: A New Look at the Law and the Constitution (Paul M. Stein), 22 Vand. L. Rev. 611 (1969).

41-2-128. Prisoners who may apply for release — Procedure.

  1. Whenever any person has been sentenced to undergo imprisonment in a county workhouse,  referred to as the “workhouse” in this chapter, for the commission of a crime defined as a misdemeanor by the laws of the state of Tennessee, the county board of commissioners, if there is one, or, otherwise, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned, upon application made therefore by the warden, superintendent, prison keeper or other administrative head of a workhouse, may, by order, direct the warden, superintendent, prison keeper or other administrative head of a workhouse to permit the prisoner to leave the workhouse during necessary and reasonable hours for the purpose of working at the prisoner's employment, conducting the prisoner's own business or other self-employed occupation, including, in the case of a woman, housekeeping and attending to the needs of the woman's family, seeking employment, attendance at an educational institution or securing medical treatment. Similarly, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned may, upon application of the sheriff, enter a like order for the same purpose for jail prisoners. The order may be rescinded or modified at any time with or without notice to the prisoner.
  2. Whenever any person has been sentenced to undergo imprisonment in a county workhouse due to the violation of a criminal statute that is a felony under the laws of the state of Tennessee, then the individual may be allowed to leave the county workhouse during necessary and reasonable hours for occupational, scholastic or medical purposes. Any individual serving a felony sentence based on a crime against person or property who has a previous sentence defined as a felony against person or property, as defined by the laws of the state of Tennessee or any other state of the United States or by the criminal statutes of the government of the United States, shall not be eligible to apply for release from the county workhouse during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 — 41-2-132.
    1. Notwithstanding this section, § 55-10-402 or § 55-50-504(a)(2) to the contrary, the judge may sentence persons convicted of a second violation of § 55-10-401 or § 55-50-504(a)(2), to the work release program established pursuant to this section if, prior to doing so, the following conditions have been met:
      1. An investigative report is completed and considered by the judge, with the report confirming the defendant's employment and the employer's willingness to participate in the work release program, including, but not limited to, reports to monitor the defendant's attendance, performance and response to treatment;
      2. A plan acceptable to the judge is established to provide for the monitoring of the defendant's whereabouts while at or on the defendant's job; and
      3. The defendant agrees to defray, to the best of the defendant's ability, the cost of incarceration and treatment.
    2. No person convicted of a second violation of § 55-10-401 that results in personal injury to, or the death of, another shall be sentenced to the work release program.
    3. As a condition to participation in the work release program, the defendant must agree to be screened, at least daily, for the purpose of determining whether the defendant has consumed alcohol or illegal drugs.
    4. A defendant permitted to participate in a work release program pursuant to this section shall not be permitted to operate a motor vehicle while participating in the program and shall at all times, when not actually at the place of employment or while being transported to or from the place of employment, remain in actual incarceration as provided by law.
      1. The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).
      2. When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.
      3. In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.
      4. In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
    5. A county that permits a person convicted of a second offense violation of § 55-10-401 to be sentenced to a work release program shall maintain records sufficient to allow an annual determination of whether participation in any way diminishes the effectiveness of § 55-10-402.
      1. On an annual basis, the county legislative body shall conduct a public hearing to examine, monitor and evaluate the work release program operating under the authority of this subsection (c) to ensure that all requirements of this subsection (c) are being complied with and that the program is being operated in accordance with this subsection (c). As part of the public hearing, the county legislative body shall discuss the program's effectiveness and compliance and hear the opinions of the public concerning the program. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting.
      2. If the county legislative body finds through its public hearing or any other information the body may obtain that the work release program is being operated in compliance with this subsection (c), it shall so certify the program. The certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.
      3. If the board finds that a work release program is not being operated in compliance with this subsection (c), it shall not certify the program. The failure of certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.

Acts 1967, ch. 259, § 2; 1972, ch. 626, § 2; impl. am. Acts 1978, ch. 934, § 36; 1980, ch. 692, §§ 1, 2; T.C.A., § 41-1238; Acts 1990, ch. 1065, § 1; 1991, ch. 269, § 1; 1991, ch. 472, §§ 1, 2; 1992, ch. 902, §§ 1-3; 1995, ch. 187, § 1; 2002, ch. 628, § 1; 2013, ch. 154, §§ 39, 40.

Attorney General Opinions. Constitutionality of work release for those convicted twice of driving under the influence, OAG 90-42, 1990 Tenn. AG LEXIS 46 (3/28/90).

Work release for DUI second offenders, OAG 97-021, 1997 Tenn. AG LEXIS 12 (3/5/97).

County may charge work release participants for board despite state housing compensation, OAG 99-081, 1999 Tenn. AG LEXIS 81 (4/5/99).

NOTES TO DECISIONS

1. Release to Work.

Through proper application to the supervisory authorities, a workhouse prisoner was allowed to leave for the purpose of employment or to conduct his own business. Pendergrass v. Neil, 338 F. Supp. 1198, 1971 U.S. Dist. LEXIS 13925 (M.D. Tenn. 1971), modified, 456 F.2d 469, 1972 U.S. App. LEXIS 11030 (6th Cir. Tenn. 1972).

2. Denial of Application.

Trial court erred in denying defendant's work release program application simply because his employer refused to send his paycheck directly to the county correctional center work release program. State v. Askew, 968 S.W.2d 899, 1997 Tenn. Crim. App. LEXIS 755 (Tenn. Crim. App. 1997).

41-2-129. Wages or salary of employed prisoners — Liability of prisoner for prisoner’s board in the workhouse — Work release.

  1. When a prisoner is employed for wages or salary, the warden, superintendent or other person in charge of the workhouse shall collect the wages or salary or require the prisoner to turn over the prisoner's wages or salary when received; and the warden, superintendent or other person in charge of the workhouse shall deposit the wages or salary in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. In the case of a jail prisoner, the sheriff shall collect the wages or salary of the prisoner or require the prisoner to turn over the wages or salary when received and shall perform the duties prescribed in this subsection (a) for the warden, superintendent or other person in the case of workhouse prisoners.
    1. Every prisoner gainfully employed shall be liable for the cost of that prisoner's board in the workhouse, as fixed by the county commissioners.
    2. If necessarily absent from the workhouse at a meal time, a prisoner shall, at the prisoner's request, be furnished with an adequate nourishing lunch to carry to work.
    3. The warden, superintendent or other person in charge of the workhouse shall charge the prisoner's account if the prisoner has one for such board.
    4. If the prisoner is gainfully self-employed, the prisoner shall pay for such board, in default of which the prisoner's privilege under §§ 41-2-127 — 41-2-132 shall be automatically forfeited.
    5. If the workhouse food is furnished directly by the county, the warden, superintendent or other person in charge of the workhouse shall account for and pay over such board payments to the county.
    6. The same provisions shall apply in the case of jail prisoners, except that the county legislative body shall have and exercise the duties and authority prescribed for the county board of commissioners in the case of workhouse prisoners and the sheriff shall have and exercise the duties and authority prescribed for the warden, superintendent or other person in the case of workhouse prisoners.
  2. By order of the county board of commissioners, or county legislative body if there is no county board of commissioners, or in the case of jail prisoners, the wages or salaries of employed prisoners shall be disbursed for the following purposes in the order stated:
    1. The board of the prisoner;
    2. Necessary travel expenses to and from work and other incidental expenses of the prisoner;
    3. Support of the prisoner's dependents, if any, the amount to be determined by the local governing body of the county workhouse or by the county legislative body in the case of jail prisoners;
    4. Payment of docket costs connected with the commitment of the person;
    5. Payment, either in full or ratably, of the prisoner's obligations acknowledged by the prisoner in writing or that have been reduced to judgment;
    6. After deductions are made in accordance with subdivisions (c)(1)-(5), two dollars ($2.00), if there is at least a balance of two dollars ($2.00) in the account, shall be deducted each month from a prisoner's trust account for any month the prisoner is gainfully employed, to be applied to the county-operated victim's assistance program, if such a program exists in the county; and
    7. After deductions are made in accordance with subdivisions (c)(1)-(6), four dollars ($4.00), if there is at least a balance of four dollars ($4.00) in the account, shall be deducted each month from a prisoner's trust account for any month the prisoner is gainfully employed, to be directly applied to satisfy any judgments, against the prisoner, for restitution in favor of the victim.
  3. As an alternative to the procedures described in subsections (a), (b) and (c), the sentencing court may place a prisoner on work release subject to the terms and conditions that the sheriff and the sentencing court may agree upon.

Acts 1967, ch. 259, §§ 3, 4; 1972, ch. 626, §§ 3, 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 41-1239, 41-1240; Acts 1991, ch. 383, § 1; 1998, ch. 746, § 1; 2000, ch. 655, § 1; 2011, ch. 261, § 1.

Cross-References. Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

Attorney General Opinions. County may charge work release participants for board despite state housing compensation, OAG 99-081, 1999 Tenn. AG LEXIS 81 (4/5/99).

41-2-130. Employment of prisoners in another county.

  1. The county board of commissioners, or county legislative body if there is no county board of commissioners, may, by order, authorize the warden, superintendent or other person in charge of the workhouse to whom the prisoner is committed to arrange with another warden, superintendent or other person in charge of a workhouse for the employment of the prisoner in the other's county and, while so employed, to be in the other's custody but in other respects to be and continue subject to the commitment.
  2. In like manner, the county legislative body may authorize the sheriff to so arrange with the sheriff of another county, in the case of jail prisoners, for employment of any such prisoner in the other's county, to be in that sheriff's custody while so employed but in all other respects to be and continue subject to the commitment.

Acts 1967, ch. 259, § 5; 1972, ch. 626, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1241.

Cross-References. Work contracts with other counties, § 41-2-124.

Law Reviews.

Jail Fees and Court Costs for the Indigent Criminal Defendant: An Examination of the Tennessee Procedure, 35 Tenn. L. Rev. 74 (1968).

NOTES TO DECISIONS

1. Release to Work.

It was not necessary for a workhouse prisoner, who was permitted to leave for the purpose of employment, to work in the county in which he was incarcerated. Pendergrass v. Neil, 338 F. Supp. 1198, 1971 U.S. Dist. LEXIS 13925 (M.D. Tenn. 1971), modified, 456 F.2d 469, 1972 U.S. App. LEXIS 11030 (6th Cir. Tenn. 1972).

41-2-131. Grounds for refusal to release prisoner.

The warden, superintendent or other person in charge of a workhouse may refuse to permit the prisoner to exercise the privilege to leave the workhouse for any breach of discipline or other violation of workhouse regulations. Similarly, the sheriff may refuse to permit the prisoner to exercise the privilege to leave the jail for any breach of discipline or other violation of jail regulations.

Acts 1967, ch. 259, § 6; 1972, ch. 626, § 6; T.C.A., § 41-1242.

41-2-132. Contracts with other governmental agencies for accepting work release prisoners.

The warden, superintendent, prison keeper or other administrative head of a workhouse shall be authorized, with the approval of the local governing body of the county workhouse, to jointly contract with any other governmental agency, whether federal, state, county or municipal, with regard to accepting prisoners in custody of such other governmental agency or agencies for purposes of participation in the work release program under §§ 41-2-12741-2-132. Also, the sheriff may, with the approval of the county legislative body, contract with another unit of government with regard to accepting prisoners in the custody of that government for the purpose of participating in the work release program.

Acts 1967, ch. 259, § 7; 1972, ch. 626, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1243.

41-2-133. Institution of work release programs by counties — Costs.

  1. All counties in the state, except as provided in subsection (b), may institute a work release program in accordance with this chapter.
  2. This section shall not apply to any county having a population, according to the 1970 federal census or any subsequent federal census, of:

    not less than  nor more than

    14,400 14,500

    19,500 19,600

    20,200 20,300

    28,000 28,100

    30,400 30,500

  3. The state's share of the cost imposed on local governments by the work release program as instituted by this section shall be funded by the increase in state taxes apportioned by law to cities and counties that are not specifically earmarked for a particular purpose.

Acts 1967, ch. 285, § 1; 1973, ch. 87, § 1; 1980, ch. 911, §§ 1, 4, 5; T.C.A., § 41-1244.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

41-2-134. Commission created to authorize work release.

  1. There is created a commission to authorize prisoners to come under a work release program whenever any person has been committed to the workhouse or similar place of confinement and to approve educational programs established pursuant to § 41-2-145.
  2. The commission, as authorized in this section, is authorized and empowered to permit the defendant to leave the workhouse during approved working hours to work at a place of employment and to earn a living to meet, in whole or in part, the cost of the prisoner's current financial obligations; provided, that the prisoner returns to the workhouse each day after work and that the prisoner is released only for related rehabilitative purposes as recommended by the correctional/rehabilitation work release coordinator.
    1. In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, and in any county having a metropolitan form of government and a population of not less than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the commission shall be composed of not more than twelve (12) members nor less than three (3) members, who shall meet as three-member panels for the purpose of reviewing and approving applications for work release.
    2. In other counties, the commission shall be composed of three (3) members.
    3. In all counties:
      1. The sheriff or workhouse superintendent shall appoint the members of the commission, subject to the approval of the county legislative body;
      2. Each member shall serve a four-year term; and
      3. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
  3. The commission shall meet weekly or at the call of the sheriff at the sheriff's office.

Acts 1967, ch. 285, § 2; 1973, ch. 87, § 1; 1977, ch. 395, § 1; 1980, ch. 911, § 2; T.C.A., § 41-1245; Acts 1986, ch. 744, §§ 20, 21; 1995, ch. 472, § 1; 1996, ch. 849, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Inmate labor may benefit private party, OAG 03-075, 2003 Tenn. AG LEXIS 91 (6/18/03).

Workhouse inmates eligible to earn T.C.A. § 41-2-147 sentence credits can earn such credits for working for a private employer if such labor is part of a court-approved work release program or a work release program operated under a commission established pursuant to this section, OAG 03-125, 2003 Tenn. AG LEXIS 145 (9/29/03).

41-2-135. Petition to come under the work release program.

A prisoner desiring to come under the work release program shall file a petition with the work release coordinator of the correctional/rehabilitation division. The petition must be joined in by the sheriff and concurred in by the warden of the workhouse and approved by the commission.

Acts 1967, ch. 285, § 3; 1973, ch. 87, § 1; T.C.A., § 41-1246.

41-2-136. Grounds for removal from program.

Any prisoner placed under the work release program may be taken out of the program for just cause by the commission. In the event a prisoner is taken out of the work release program, the prisoner shall remain in the workhouse and complete the sentence.

Acts 1967, ch. 285, § 4; 1973, ch. 87, § 1; T.C.A., § 41-1247.

Cross-References. Escape, § 39-16-605.

41-2-137. Failure to return from work on time as evidence of intent to escape — Penalty.

In the event a prisoner placed under the work release program does not return to the workhouse at the time specified by the warden or the work release coordinator as a condition of being placed under the work release program, the failure to return shall constitute prima facie evidence of intent to escape and the prisoner shall thereby be subject to those penalties as are imposed or shall hereafter be imposed under the general law of this state for persons charged with the crime of escape.

Acts 1967, ch. 285, § 5; 1973, ch. 87, § 1; T.C.A., § 41-1248.

NOTES TO DECISIONS

1. Escape.

Defendant on work release program who did not return from pass at specified time could be convicted of crime of escape under former § 39-5-702 (repealed) even though offense occurred before that statute was amended to specifically include escape while on furlough. Lacey v. State, 506 S.W.2d 809, 1974 Tenn. Crim. App. LEXIS 296 (Tenn. Crim. App. 1974).

41-2-138. Monthly report to sentencing judge.

The warden of the workhouse shall file a monthly report with respect to each prisoner placed under the work release program with the judge by whom the prisoner was sentenced advising the judge as to the conduct and financial achievement of the prisoner.

Acts 1967, ch. 285, § 6; 1973, ch. 87, § 1; T.C.A., § 41-1249.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

41-2-139. Liability of participating prisoners for program costs.

Any prisoner placed under the work release program who has been convicted of a misdemeanor shall pay to the workhouse, for housing, board and administration of the program, the sum of not less than six dollars ($6.00) nor more than twenty-eight dollars ($28.00) for each day the prisoner works at employment away from the workhouse, in addition to any fine imposed by the court. The amount to be paid shall be determined by the board of commissioners established by § 41-2-134 and in accordance with § 41-2-129(b)(1).

Acts 1967, ch. 285, § 7; 1973, ch. 87, § 1; 1976, ch. 812, § 1; 1980, ch. 911, § 3; T.C.A., § 41-1250; Acts 1986, ch. 787, § 1.

41-2-140. Disbursement of wages — Duty of warden.

The warden of the workhouse shall be responsible for the receipt and disbursement of all wages earned by a participating prisoner, and the wages shall be received, disbursed and accounted for in the fashion directed by the finance director of a metropolitan government.

Acts 1967, ch. 285, § 8; 1973, ch. 87, § 1; T.C.A., § 41-1251.

41-2-141. Rules and regulations governing work release program.

  1. The sheriff, the correctional/rehabilitation work release coordinator and the warden of the workhouse shall establish rules and regulations for the orderly operation of the work release program. The rules and regulations must be approved by the commission.
  2. A violation of any rules and regulations so promulgated shall constitute cause for the removal of the prisoner from the program under the provisions of § 41-2-136.

Acts 1967, ch. 285, § 9; 1973, ch. 87, § 1; T.C.A., § 41-1252.

41-2-142. Furlough program.

  1. All counties in the state having duly adopted a consolidated or metropolitan form of government pursuant to title 7, chapter 1 shall institute a furlough program for workhouse prisoners.
  2. All counties having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, shall institute a furlough program for county jail or workhouse prisoners.

Acts 1973, ch. 13, § 1; 1977, ch. 372, § 1; T.C.A., § 41-1253; Acts 1987, ch. 49, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

41-2-143. Conditions for furlough — Procedure.

  1. Whenever any person has been committed to the county jail or county workhouse, any sheriff or workhouse superintendent of a county with a population of seven hundred thousand (700,000) or more, according to the 1980 federal census or any subsequent federal census, is authorized, in the official's sole discretion, to permit an inmate to leave the place of confinement on furlough under such rules and regulations as may be prescribed and promulgated by the sheriff or workhouse superintendent.
  2. Whenever any person has been committed to the workhouse in a county having a metropolitan form of government, the metropolitan sheriff is authorized, in the sheriff's sole discretion, to permit an inmate to leave the place of confinement on furlough, under such rules and regulations as may be prescribed and promulgated by the sheriff.
  3. All furloughs shall be made on an individual basis under reasonable conditions to inmates:
    1. In the event of serious illness or death of a member of the inmate's immediate family;
    2. Who is on the work release program; or
    3. Who has remaining before the inmate's scheduled release date a certain maximum number of days, which maximum number of days shall be fixed by a schedule to be included in the rules and regulations prescribed and promulgated by the sheriff or workhouse superintendent.
  4. Furlough will be for a maximum of three (3) days, unless a longer time is specifically authorized by the sheriff or workhouse superintendent, and shall be granted only to those with a record of behavior and conduct as to be worthy of the privilege.
  5. Any inmate eligible to be granted a furlough by the sheriff, chief jail administrator or workhouse superintendent may make application to that superintendent or sheriff upon forms furnished by the workhouse or sheriff's department. The sheriff or the workhouse superintendent, after due consideration, may approve, reject or modify the request for furlough or may defer action on a request. The request shall be granted only upon notification of the furlough to the committing judge and to law enforcement authorities in the county of the prisoner's former residence.

Acts 1973, ch. 13, § 2; 1977, ch. 372, § 2; T.C.A., § 41-1254; Acts 1987, ch. 49, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

41-2-144. Inmate incentive program.

All counties in the state having duly adopted a consolidated or metropolitan form of government pursuant to title 7, chapter 1, and all counties of the state having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, shall institute an inmate incentive program for workhouse prisoners, as set out in § 41-2-145.

Acts 1973, ch. 100, § 1; 1977, ch. 395, § 2; T.C.A., § 41-1255.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

41-2-145. Program and rating system — Reduction of time to serve.

    1. The sheriff of any county having a consolidated or metropolitan form of government and all counties of the state having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, shall develop an inmate incentive program for workhouse prisoners, whereby credit may be given toward the reduction of time that an inmate is required to serve for the inmate's participation in academic or vocational education classes sponsored by the consolidated or metropolitan government and all counties of the state having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, and for above average performance in the inmate's job placement, on the basis of a rating system devised by the sheriff.
    2. In all other counties, the sheriff or superintendent may develop an inmate incentive program for workhouse prisoners whereby credit may be given toward the reduction of time that an inmate is required to serve for the inmate's participation in academic or vocational education classes on the basis of a rating system.
  1. The program and rating system shall be approved by a three-member commission established pursuant to § 41-2-134. The commission shall be the same commission as set up to oversee the work release program.
  2. All reductions in time to be served by the prisoners shall be approved by the commission. Those credits of time shall be in addition to any other credits toward sentence reduction to which workhouse inmates are entitled by provisions of any other law.
  3. The sheriff is authorized to develop a schedule whereby an inmate is credited with a certain amount of time for active participation in an academic or vocational training program for a certain number of days and with a certain amount of time for maintaining a rating of above average job performance for a certain number of days.
  4. Those credits on time shall be in addition to any other credits toward sentence reduction to which workhouse inmates are entitled by any other law.
  5. Notwithstanding any law to the contrary, a county sheriff may create an inmate reentry education program. The successful completion of a reentry education program may allow an inmate to qualify for an educational sentence reduction credit of sixty (60) days if the inmate successfully receives a high school equivalency credential, high school diploma, vocational education diploma, or other postsecondary or industry-recognized certification. No credit will be given for any credential, diploma, degree, or certification unless the course of study, including the institution or entity through which the credential, diploma, degree, or certification is offered, has received the prior approval of the department of correction.

Acts 1973, ch. 100, § 2; 1977, ch. 395, § 3; T.C.A., § 41-1256; Acts 1986, ch. 744, §§ 22, 23; 2019, ch. 346, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2019 amendment added (f).

Effective Dates. Acts 2019, ch. 346, § 2. May 10, 2019.

Cross-References. Sentence reduction credits, § 41-21-236.

41-2-146. Workhouse or jail maintenance work — Reduction of sentence for inmate labor.

  1. When any prisoner has been sentenced to imprisonment in a county workhouse or jail or is serving time in the county jail or workhouse pursuant to an agreement with the department of correction, the sheriff or superintendent of the county shall be authorized to permit the prisoner to participate in work programs.
  2. Work performed by the prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days.

Acts 1980, ch. 688, § 1; 1981, ch. 276, §§ 1-5; T.C.A., § 41-1257; Acts 1986, ch. 744, § 24.

Cross-References. Certain prisoners in local jails or workhouses, release on work-related programs, § 41-2-147.

Attorney General Opinions. Board of probation and parole has no authority to remove sentence credits earned in local jail or workhouse pursuant to T.C.A. §§ 41-2-123, 41-2-146, 41-2-147 or 41-21-236, OAG 05-031, 2005 Tenn. AG LEXIS 31 (3/29/05).

41-2-147. Certain prisoners in local jails or workhouses — Eligibility for work-related programs — Credits.

  1. The sheriff or administrative authority having responsibility for the custody of any person sentenced to a local jail or workhouse pursuant to former § 40-35-302 [repealed], § 40-35-306 [repealed], § 40-35-307 [repealed] or § 40-35-311 [repealed] or present § 40-35-302, § 40-35-306, § 40-35-307 or § 40-35-314 shall, when a person has become eligible for work related programs pursuant to those sections, be authorized to permit the person to perform any of the duties set out in § 41-2-123 or § 41-2-146.
  2. Work performed by a prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days.
  3. Any prisoner receiving sentence credits under this section shall not be eligible for the sentence reduction authorized by § 41-2-111.

Acts 1984, ch. 841, § 1.

Compiler's Notes. The references in this section to “former § 40-35-302 [repealed], § 40-35-306 [repealed], § 40-35-307 [repealed] or § 40-35-311 [repealed]” refer to those sections in the Criminal Sentencing Reform Act of 1982, which was repealed effective November 1, 1989. The references to “present § 40-35-302, § 40-35-306, § 40-35-307 or § 40-35-314” refer to parallel provisions in the Criminal Sentencing Reform Act of 1989.

Cross-References. Sentence reduction credits, § 41-21-236.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.125.

Attorney General Opinions. Sentence credits for inmates of county jails and workhouses, OAG 96-061, 1996 Tenn. AG LEXIS 68 (4/4/96).

Workhouse inmates eligible to earn sentence credits under this section can earn the credits for working for a private employer if the labor is part of a court-approved work release program or a work release program operated under a commission established pursuant to T.C.A. § 41-2-134, OAG 03-125, 2003 Tenn. AG LEXIS 145 (9/29/03).

Board of probation and parole has no authority to remove sentence credits earned in local jail or workhouse pursuant to T.C.A. §§ 41-2-123, 41-2-146, 41-2-147 or 41-21-236, OAG 05-031, 2005 Tenn. AG LEXIS 31 (3/29/05).

NOTES TO DECISIONS

1. Relationship to Other Laws.

Supreme Court of Tennessee reads T.C.A. § 41-2-150 as establishing the obligation of inmates to work, when work is available and offered to them, but it concludes that nothing in this statute contradicts the requirement of T.C.A. § 41-2-147 that inmates must first become eligible to participate in work programs. Ray v. Madison Cty., 536 S.W.3d 824, 2017 Tenn. LEXIS 473 (Tenn. Aug. 16, 2017).

41-2-148. Inmate labor for private purposes — Travel restrictions.

  1. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may employ, require or otherwise use any inmate housed in the jail or workhouse  to perform labor that will or may result directly or indirectly in the sheriff's, jailer's or other person's personal gain, profit or benefit or in gain, profit or benefit to a business partially or wholly owned by the sheriff, jailer or other person. This subsection (a) shall apply regardless of whether the inmate is or is not compensated for the labor.
    1. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse  to perform any labor for the gain, profit or benefit of a private citizen or for-profit corporation, partnership or other business, unless the labor is part of a court-approved work release program or unless the work release program operates under a commission established pursuant to § 41-2-134.
    2. Inmates housed in a county or municipal jail or workhouse may perform any labor on behalf of a charitable organization or a nonprofit corporation.
    3. Subject to the approval of the board of regents, inmates of a county or municipal jail or workhouse may perform any labor on behalf of a farm that is operated by any institution that is under the jurisdiction of the board of regents.
  2. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse  to leave this state, unless such travel is approved by the sentencing court, unless the inmate is in need of emergency medical treatment available only in another state or there is a death or medical emergency in the inmate's immediate family.
    1. Any sheriff, jailer or other person responsible for the custody of an inmate housed in a local facility who violates this section, upon the person's first conviction for the violation, commits a misdemeanor and shall be punished by a fine equal to the value of the services received from the inmate or inmates and imprisonment for not less than thirty (30) days nor more than eleven (11) months and twenty-nine (29) days. Upon a second or subsequent conviction for a violation of this section, the sheriff, jailer or other person is guilty of a felony and shall be punished by a fine of not less than the value of the services received from the inmate or inmates nor more than five thousand dollars ($5,000) and imprisonment for not less than one (1) year nor more than five (5) years. If the person violating this section for the second or subsequent time is a public official, in addition to the punishment set out in this subdivision (d)(1), the person shall immediately forfeit the person's office and shall be forever barred from holding public office in this state.
    2. Any private citizen, corporation, partnership or other business knowingly and willfully using inmate labor in violation of subsection (b) commits a Class A misdemeanor and, upon conviction, shall be punished by a fine of one thousand dollars ($1,000) and by imprisonment for not more than eleven (11) months and twenty-nine (29) days. Each day inmate labor is used in violation of subsection (b) constitutes a separate offense.

Acts 1985, ch. 130, § 1; 1989, ch. 48, § 1; 1989, ch. 591, §§ 1, 6; 2011, ch. 224, § 1.

Code Commission Notes.

The misdemeanor and felony in (d)(1) have been designated as Class A and Class E, respectively, by authority of § 40-35-110, which provides that offenses designated misdemeanors without specification as to category are Class A and felonies without specification as to category are Class E. See also § 39-11-114.

The undesignated misdemeanor and felony offenses in this section may be affected by the Criminal Sentencing Reform Act of 1989. See §§ 39-11-113, 39-11-114, 40-35-110, 40-35-111.

Cross-References. Inmate labor for private purposes, travel restrictions, § 41-3-106.

Jails and jailers, title 41, ch. 4.

Official misconduct, § 39-16-402.

Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

Road work by prisoners, § 41-2-123.

Sentence reduction credits, § 41-21-236.

Unlawful use of inmates, Class E felony, § 4-6-139.

Use of inmates for personal gain, § 4-6-138.

Attorney General Opinions. Inmate labor may benefit private party, OAG 03-075, 2003 Tenn. AG LEXIS 91 (6/18/03).

41-2-149. Work release programs — Litter removal — Participation.

  1. Except as provided in subsection (b), all persons sentenced to the county workhouse, either for a felony or misdemeanor conviction, in counties with an existing work release program whereby, among other things, prisoners remove litter and trash from public roads and other public areas, may be required to participate in the litter removal portion of that work release program during the period of the person's incarceration.
    1. The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician, should not perform the labor for medical reasons.
    2. Nothing in this section shall be construed as making persons convicted of the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 eligible to participate in a work release program, a litter removal program or receive sentence reduction credits as authorized by this section, nor shall this section be construed as altering or decreasing the penalties established by law for that offense.
  2. All persons participating in the work release program required by this section shall receive sentence reduction credits for the work at the same rate as is provided in § 41-2-123(b)(3).

Acts 1989, ch. 511, §§ 1, 3.

Cross-References. Road work by prisoners, § 41-2-123.

Sentence reduction credits, § 41-21-236.

41-2-150. Work programs — Participation required — Exceptions.

  1. Notwithstanding any other law to the contrary, except as provided in subsection (b), any person sentenced to the county workhouse or jail, either for a felony or misdemeanor conviction, in counties with programs whereby prisoners work either for pay or sentence reduction, or both, shall be required to participate in work programs during the period of the person's incarceration. Any prisoner who refuses to participate in those programs when work is available shall have any sentence reduction credits received pursuant to § 41-2-123 or § 41-2-146 reduced by two (2) days of credit for each one (1) day of refusal to work. Any prisoner who refuses to participate in the work programs who has not received any sentence reduction credits pursuant to §  41-2-123 or §  41-2-146 may be denied good time credit in accordance with § 41-2-111(b) and may also be denied any other privileges given to inmates in good standing for  refusal to work.
  2. The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician or licensed medical professional, should not perform the labor for medical reasons.

Acts 1997, ch. 112, § 1.

Cross-References. Sentence reduction credits, § 41-21-236.

NOTES TO DECISIONS

1. Relationship to Other Laws.

Supreme Court of Tennessee reads T.C.A. § 41-2-150 as establishing the obligation of inmates to work, when work is available and offered to them, but it concludes that nothing in this statute contradicts the requirement of T.C.A. § 41-2-147 that inmates must first become eligible to participate in work programs. Ray v. Madison Cty., 536 S.W.3d 824, 2017 Tenn. LEXIS 473 (Tenn. Aug. 16, 2017).

T.C.A. § 41-2-150 must be read in light of T.C.A. § 40-35-314(g), which requires trial courts to order inmates serving felony split confinement sentences pursuant to T.C.A. § 40-35-306 in the local jail to participate in work programs as part of the sentence. Again, by affording trial courts authority to order split confinement inmates to participate in work programs, this statute implicitly affords trial courts authority to prescribe the conditions of that participation. Read together, the relevant statutes recognize that the trial court's judgment remains paramount in determining when a felony split confinement inmate may participate in a work program and earn work credits. Ray v. Madison Cty., 536 S.W.3d 824, 2017 Tenn. LEXIS 473 (Tenn. Aug. 16, 2017).

41-2-151. Interlocal agreements for joint operation of workhouses.

Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a workhouse to serve the counties so agreeing.

Acts 1999, ch. 190, § 4.

41-2-116. Statement of sentence.

Chapter 3
Municipal Correctional Houses

41-3-101. Municipal correctional houses authorized.

The authorities of any incorporated town may provide such lands, buildings and articles of any kind as may be necessary for a workhouse or house of correction for that town, may appoint suitable persons for the management of the workhouse or house of correction, and make all necessary bylaws and regulations for the government of the inmates, and cause the bylaws and regulations  to be enforced.

Code 1858, § 5410; Shan., § 7390; mod. Code 1932, § 11999; T.C.A. (orig. ed.), § 41-1401.

Cross-References. Sanitary inspection, § 4-3-1803.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 8.

Law Reviews.

Liability of State Officials and Prison Corporations for Excessive Use of Force Against Inmates of Private Prisons, 40 Vand. L. Rev. 983 (1987).

41-3-102. Punishment of prisoners.

  1. Any prisoner refusing to work or becoming disorderly may be confined in solitary confinement and fed on bread and water or subjected to such other punishment, not inconsistent with humanity, as may be deemed necessary by the commissioners for the government and control of the prisoners.
  2. Prisoners refusing to work or while in solitary confinement shall receive no credit for the time so spent.

Acts 1891, ch. 123, § 17; Shan., § 7422; Code 1932, § 12000; T.C.A. (orig. ed.), § 41-1402.

Cross-References. Unauthorized means of punishment, § 41-21-404.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-3-103. Payment of earnings to prisoner held for safekeeping.

If a prisoner is confined for safekeeping, the prisoner's earnings, after paying for board, shall be paid over to the prisoner on discharge.

Code 1858, § 5414; Shan., § 7394; Code 1932, § 12001; T.C.A. (orig. ed.), § 41-1403.

41-3-104. Detention for failure to pay fines and costs.

If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by the proceeds of the prisoner's labor.

Code 1858, § 5415; Shan., § 7395; mod. Code 1932, § 12002; T.C.A. (orig. ed.), § 41-1404.

Code Commission Notes.

Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington, 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.193.

NOTES TO DECISIONS

1. Constitutionality.

In Tennessee, costs are not part of the punishment in a criminal case; therefore, the statutes permitting imprisonment for their nonpayment are void in that respect as violative of U.S. Const. amend. 13. Anderson v. Ellington, 300 F. Supp. 789, 1969 U.S. Dist. LEXIS 12591 (M.D. Tenn. 1969).

2. Power to Imprison for Misdemeanors.

Power to imprison defendants convicted of misdemeanors for the fine and costs existed independently of the workhouse law contained in this title. Ex parte Griffin, 88 Tenn. 547, 13 S.W. 75, 1889 Tenn. LEXIS 75 (1890).

41-3-105. Detention after term of imprisonment.

After the term for which a prisoner is imprisoned has expired, the prisoner shall be detained until the fine and costs are paid, as provided in § 41-3-104.

Code 1858, § 5417; Shan., § 7397; Code 1932, § 12003; T.C.A. (orig. ed.), § 41-1405.

Code Commission Notes.

Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington, 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution.

NOTES TO DECISIONS

1. Constitutionality.

In Tennessee, costs are not part of the punishment in a criminal case; therefore, the statutes permitting imprisonment for their nonpayment are void in that respect as violative of U.S. Const., amend. 13. Anderson v. Ellington, 300 F. Supp. 789, 1969 U.S. Dist. LEXIS 12591 (M.D. Tenn. 1969).

41-3-106. Inmate labor for private purposes — Travel restrictions.

  1. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may employ, require or otherwise use any inmate housed in the jail or workhouse to perform labor that will or may result directly or indirectly in the sheriff's, jailer's or other person's personal gain, profit or benefit or in gain, profit or benefit to a business partially or wholly owned by the sheriff, jailer or other person. This subsection (a) shall apply regardless of whether the inmate is or is not compensated for the labor.
    1. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse  to perform any labor for the gain, profit or benefit of a private citizen or a for-profit corporation, partnership or other business unless the labor is part of a court-approved work release program or unless the work release program operates under a commission established pursuant to § 41-2-134.
    2. Inmates housed in a county or municipal jail or workhouse may voluntarily perform any labor on behalf of a charitable organization or a nonprofit corporation or a governmental entity.
  2. No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse  to leave this state unless the travel is approved by the sentencing court or unless the inmate is in need of emergency medical treatment available only in another state or there is a death or medical emergency in the inmate's immediate family.
    1. Any sheriff, jailer or other person responsible for the custody of an inmate housed in a local facility who violates this section, upon a first conviction therefor, commits a misdemeanor and shall be punished by a fine equal to the value of the services received from the inmate or inmates and imprisonment for not less than thirty (30) days nor more than eleven (11) months and twenty-nine (29) days. Upon a second or subsequent conviction for a violation of this section, the sheriff, jailer or other person commits a felony and shall be punished by a fine of not less than the value of the services received from the inmate or inmates nor more than five thousand dollars ($5,000) and imprisonment for not less than one (1) nor more than five (5) years. If the person violating this section for the second or subsequent time is a public official, in addition to the punishment set out in this subdivision (d)(1), the person shall immediately forfeit the person's office and shall be forever barred from holding public office in this state.
    2. Any private citizen, corporation, partnership or other business knowingly and willfully using inmate labor in violation of subsection (b) commits a Class A misdemeanor and, upon conviction, shall be punished by a fine of one thousand dollars ($1,000) and by imprisonment for not more than eleven (11) months and twenty-nine (29) days. Each day inmate labor is used in violation of subsection (b) constitutes a separate offense.

Acts 1985, ch. 130, § 1; 1989, ch. 48, § 1; 1989, ch. 591, §§ 1, 6; 2004, ch. 636, § 1.

Code Commission Notes.

The misdemeanor and felony in (d)(1) have been designated as Class A and Class E, respectively, by authority of § 40-35-110, which provides that offenses designated misdemeanors without specification as to category are Class A and offenses designated felonies without specification are Class E. See also §§  39-11-113, 39-11-114.

Cross-References. Inmate labor for private purposes, travel restrictions, § 41-2-148.

Jails and jailers, title 41, ch. 4.

Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

Unlawful use of inmates, Class E felony, § 4-6-139.

Use of inmates for personal gain, § 4-6-138.

Work programs, title 41, ch. 22.

Attorney General Opinions. Inmate labor may benefit private party, OAG 03-075, 2003 Tenn. AG LEXIS 91 (6/18/03).

41-3-107. Public service for municipal offenders — Immunity from liability.

  1. Municipal offenders confined or subject to confinement in a county or municipal jail or workhouse under applicable law may be sentenced by the court to perform public service work for the municipality.
  2. The municipality and its officers and employees shall not be liable for any injury sustained by the offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
  3. The municipality and its officers and employees shall not be liable to any person for the acts of any offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
  4. The municipality and its officers and employees shall not be liable to any offender or the offender's family for death or injuries received while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
  5. The authority and protection from liability provided by this section are supplemental and in addition to the authority and protection provided in other laws.

Acts 1993, ch. 238, § 1.

Chapter 4
Jails and Jailers

41-4-101. Duty of sheriff — Appointment of jailer.

The sheriff of the county has, except in cases otherwise provided by law, the custody and charge of the jail of the county and of all prisoners committed to the jail and may appoint a jailer.

Code 1858, § 5400; Shan., § 7375; Code 1932, § 11984; T.C.A. (orig. ed.), § 41-1101; Acts 2017, ch. 401, § 1.

Cross-References. Abatement of fire violations, § 68-120-109.

Corrections volunteer services, title 41, ch. 10.

Counselors at educational and correctional institutions, qualifications, § 8-50-105.

Duties of sheriff, title 8, ch. 8, part 2.

Failure to keep adequate jail indictable without prosecutor, § 40-13-104.

Fees of jailer, title 8, ch. 26.

Inmate labor for private purposes, §§ 4-6-138, 41-2-148, 41-3-106.

Jail as workhouse, § 41-2-102.

Liability for acts of deputies appointed by sheriff, title 8, ch. 8, part 3.

Prisoners who may apply for release during certain hours, § 41-2-128.

Removal and replacement of jail, §§ 5-7-111, 5-7-114.

Specifications for construction, § 5-7-110.

Submission of building plans, § 4-3-608.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 6.

Law Reviews.

Liability of State Officials and Prison Corporations for Excessive Use of Force Against Inmates of Private Prisons, 40 Vand. L. Rev. 983 (1987).

NOTES TO DECISIONS

1. Fees for Keeping Prisoners.

The county is liable to the sheriff for board and turnkey fees of prisoners sentenced to the workhouse, but committed to jail under mittimus pending their removal to the workhouse. Knox County v. Fox, 107 Tenn. 724, 65 S.W. 404, 1901 Tenn. LEXIS 124 (1901); Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914).

State is liable for costs for confining in the county jail one convicted of a felony, but whose punishment was commuted by the jury from imprisonment in the penitentiary to imprisonment in the county jail. Woolen v. State, 129 Tenn. 455, 166 S.W. 594, 1914 Tenn. LEXIS 132 (1914).

2. Responsibility for Jailer.

The sheriff has charge and custody of the jail of his county and the prisoners legally committed therein and is civilly responsible for the acts of the jailer whom he appoints as to federal as well as state prisoners. Tennessee use of United States v. Hill, 60 F. 1005, 1894 U.S. App. LEXIS 2152, 24 L.R.A. 170 (6th Cir. Tenn. 1894).

3. Immunity.

A county, the county sheriff and his employees, including deputies and jailers, are protected by a discretionary function immunity. Willis v. Barksdale, 625 F. Supp. 411, 1985 U.S. Dist. LEXIS 12938 (W.D. Tenn. 1985).

Because the law was clearly established that sheriff could not reasonably take political considerations into account when terminating jailer, sheriff was not entitled to qualified immunity in his individual capacity for former jailer's political association claim. Sowards v. Loudon County, 203 F.3d 426, 2000 FED App. 46P, 2000 U.S. App. LEXIS 1661, 123 A.L.R.5th 783 (6th Cir. Tenn. 2000), cert. denied, 531 U.S. 875, 121 S. Ct. 179, 148 L. Ed. 2d 123, 2000 U.S. LEXIS 5888 (2000).

4. Political Affiliation.

Political affiliation is not an appropriate consideration for the employment or termination of a jailer. Sowards v. Loudon County, 203 F.3d 426, 2000 FED App. 46P, 2000 U.S. App. LEXIS 1661, 123 A.L.R.5th 783 (6th Cir. Tenn. 2000), cert. denied, 531 U.S. 875, 121 S. Ct. 179, 148 L. Ed. 2d 123, 2000 U.S. LEXIS 5888 (2000).

5. Civil Rights Claim

Proposed civil rights claims against sheriff were untimely because, in absence of express applicable statute of limitations, relevant limitations statute was one-year statute in T.C.A. § 28-3-104, and plaintiff sought to add sheriff as defendant over one year after underlying incident took place. Minick v. Metro. Gov't of Nashville & Davidson County, — F. Supp. 2d —, 2014 U.S. Dist. LEXIS 143287 (M.D. Tenn. Oct. 8, 2014).

41-4-102. Delivery of jail and prisoners to successor in office.

  1. Upon the resignation, death, removal from office or expiration of the term of office of any sheriff or coroner acting as sheriff, the jail and the prisoners in the jail, with everything belonging or pertaining thereto, shall be delivered over to the successor of the sheriff or coroner or any person duly authorized by law to take charge of the jail.
  2. A failure to comply with this section, after demand made by the person entitled to the charge of the jail, is a misdemeanor.

Code 1858, §§ 5407, 5408 (deriv. Acts 1777 (Nov.), ch. 8, § 12); Shan., §§ 7385, 7386; Code 1932, §§ 11994, 11995; T.C.A. (orig. ed.), § 41-1102.

Code Commission Notes.

The misdemeanor in subsection (b) has been designated as Class A by authority of § 40-35-110, which provides that offenses designated misdemeanors without specification as to category are Class A. See also § 39-11-114.

Cross-References. Delivery of papers and property to successor, § 8-8-214.

Penalty for Class A misdemeanor, § 40-35-111.

41-4-103. Persons confined — Evaluation authorized.

  1. In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safekeeping or confinement of the following persons:
    1. Persons committed for trial for public offenses;
    2. Inmates sentenced to imprisonment in the penitentiary, until their removal to the penitentiary;
    3. Persons committed for contempt or on civil process;
    4. Persons committed on failure to give security for their appearance as witnesses in any criminal cases;
    5. Persons charged with or convicted of a criminal offense against the United States;
    6. Insane persons, pending transfer to a hospital for the insane or other disposition; and
    7. All other persons committed to the jail  by authority of law.
  2. The jailer may perform evaluations of the persons listed in subdivisions (a)(1)-(7) for purposes of classification, management, care, control and cell assignment.

Code 1932, § 11980; Acts 1978, ch. 602, § 1; T.C.A. (orig. ed.), § 41-1103.

Cross-References. Community-based screening process, pre-screening agents, § 33-6-104.

Confinement for short terms in felony cases, § 40-20-103.

Law Reviews.

The New Tennessee Code (Charles C. Trabue), 10 Tenn. L. Rev. 155 (1932).

Attorney General Opinions. County liability for cost of incarcerating misdemeanant before sentencing, OAG 98-159, 1998 Tenn. AG LEXIS 159 (8/24/98).

A county jail must accept all arrested persons and may not refuse to take custody of an arrestee; however, a jail may make arrangements for medical treatment or transfer a prisoner to the nearest jail sufficient to care for the prisoner's medical needs if it cannot do so and may have the prisoner transferred to the nearest sufficient jail if it is over its approved capacity, OAG 02-015, 2002 Tenn. AG LEXIS 16 (2/6/02).

NOTES TO DECISIONS

1. Effect.

This section does not transform county jails into federal institutions. United States v. Jiminez, 454 F. Supp. 610, 1978 U.S. Dist. LEXIS 17472 (M.D. Tenn. 1978).

41-4-104. Inmates en route to penitentiary.

It is the duty of the jailer to receive and safely keep, without any fee therefor, all inmates on their way to the penitentiary, whenever the sheriff or other officer in charge of such inmates may deem it necessary.

Code 1858, § 5409; Shan., § 7387; Code 1932, § 11996; T.C.A. (orig. ed.), § 41-1104.

NOTES TO DECISIONS

1. Claims for Damages.

The court found it difficult to accept the idea that the mere violation of the guidelines imposed by this section would amount to a cognizable claim for money damages. Campbell v. Buckles, 448 F. Supp. 288, 1977 U.S. Dist. LEXIS 15623 (E.D. Tenn. 1976).

41-4-105. Federal prisoners.

The jailer is liable for failing to receive and safely keep all persons delivered under the authority of the United States, to the like pains and penalties as for similar failures in the case of persons committed under authority of the state; however, the marshal or person delivering a prisoner under authority of the United States is liable to the jailer for fees and the subsistence of the prisoner while so confined, which shall be the same as provided by law for prisoners committed under authority of the state. The jailer will also collect from the marshal fifty cents (50¢) a month for each prisoner, under the resolution of the first congress, and pay the same to the county trustee forthwith, to be accounted for by the trustee as other county funds.

Code 1858, §§ 5397-5399 (deriv. Acts 1801, ch. 31, §§ 1, 2); Shan., §§ 7372-7374; Code 1932, §§ 11981-11983; T.C.A. (orig. ed.), § 41-1105.

NOTES TO DECISIONS

1. Effect.

This section does not transform county jails into federal institutions. United States v. Jiminez, 454 F. Supp. 610, 1978 U.S. Dist. LEXIS 17472 (M.D. Tenn. 1978).

2. Liability for Escape of Federal Prisoners.

The United States may maintain an action, in the name of the state, for its use, against the sheriff and his bondsmen, to recover pecuniary damages occasioned by the escape of a prisoner under indictment by a federal grand jury; and may recover as damages the expenses of the arrest and keeping of the prisoner, the benefit of which was lost by his escape and also the money expended in recapturing him. Tennessee use of United States v. Hill, 60 F. 1005, 1894 U.S. App. LEXIS 2152, 24 L.R.A. 170 (6th Cir. Tenn. 1894).

41-4-106. Filing of process.

The mittimus or process by which any prisoner is committed or discharged from jail, or an attested copy of the mittimus or process, shall be regularly filed in its order and safely kept by the sheriff, or jailer, under the sheriff's direction.

Code 1858, § 5401; Shan., § 7376; Code 1932, § 11985; T.C.A. (orig. ed.), § 41-1106.

41-4-107. [Obsolete.]

Code Commission Notes.

Former § 41-4-107 (Acts 1927, ch. 4, § 1; Code 1932, § 12031; T.C.A. (orig. ed.), § 41-1107), concerning persons sentenced to the county jail working out fines and costs, was deleted as obsolete in 1990.

41-4-108. Support of prisoners.

Every person committed to jail may furnish that person's own support, under such precautions as the jailer may deem proper to adopt for the purpose of guarding against escapes and to prevent the importation of intoxicants or narcotics. If such support is not furnished by the prisoner, it shall be furnished by the jailer.

Code 1858, § 5418; Shan., § 7429; mod. Code 1932, § 12038; T.C.A. (orig. ed.), § 41-1108.

41-4-109. Food and bedding.

The jailer shall furnish adequate food and bedding.

Code 1858, § 5419 (deriv. Acts 1826, ch. 45, § 1); Shan., § 7430; mod. Code 1932, § 12039; mod. C. Supp. 1950, § 12039; T.C.A. (orig. ed.), § 41-1109; Acts 1996, ch. 703, § 1.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 3.

NOTES TO DECISIONS

1. Sheriff's Duty.

It was not contemplated that the jailer should, at his own expense, purchase and supply drinking water and water consumed in cleaning the jail, flushing the toilets, and for bathing the prisoners, it being the jailer's duty only to see that the prisoner, while he is incarcerated, is supplied with wholesome drinking water and, by the use of water and other appliances, to see that the jail is kept clean. State ex rel. Calloway v. Trotter, 142 Tenn. 160, 218 S.W. 230, 1919 Tenn. LEXIS 45 (1920).

Sheriff has a duty to provide adequate food and bedding, maintain cleanliness and provide toiletries and showers. Leach v. Shelby County Sheriff, 891 F.2d 1241, 1989 U.S. App. LEXIS 19086 (6th Cir. Tenn. 1989), cert. denied, 495 U.S. 932, 110 S. Ct. 2173, 109 L. Ed. 2d 502, 1990 U.S. LEXIS 2515 (1990).

2. Physically Incapacitated Inmates.

Sheriff was under constitutionally imposed affirmative obligation toward paraplegic and physically incapacitated inmates in county jail to know their medical needs and supply them, and to correct any deprivations. Leach v. Shelby County Sheriff, 891 F.2d 1241, 1989 U.S. App. LEXIS 19086 (6th Cir. Tenn. 1989), cert. denied, 495 U.S. 932, 110 S. Ct. 2173, 109 L. Ed. 2d 502, 1990 U.S. LEXIS 2515 (1990).

41-4-110. Segregation of sexes.

Male and female prisoners, except husband and wife, shall not be kept in the same cell or room in jail.

Code 1858, § 5423; Shan., § 7434; Code 1932, § 12042; T.C.A. (orig. ed.), § 41-1110.

41-4-111. Cleanliness.

The jailers shall enforce cleanliness in their respective jails. They shall furnish the necessary apparatus for shaving once a week, shall provide bathing facilities separate for males and females, shall furnish hot and cold water, clean and sufficient bedding, and laundering once a week to those prisoners who are not able to provide such for themselves. The jailers shall keep the jails clean and shall remove all filth from each cell once every twenty-four (24) hours.

Code 1932, § 12040; T.C.A. (orig. ed.), § 41-1111.

Cross-References. Sanitary inspections, § 4-3-1803.

Law Reviews.

The New Tennessee Code (Charles C. Trabue), 10 Tenn. L. Rev. 155 (1932).

NOTES TO DECISIONS

1. Physically Incapacitated Inmates.

Sheriff was under constitutionally imposed affirmative obligation toward paraplegic and physically incapacitated inmates in county jail to know their medical needs and supply them, and to correct any deprivations. Leach v. Shelby County Sheriff, 891 F.2d 1241, 1989 U.S. App. LEXIS 19086 (6th Cir. Tenn. 1989), cert. denied, 495 U.S. 932, 110 S. Ct. 2173, 109 L. Ed. 2d 502, 1990 U.S. LEXIS 2515 (1990).

41-4-112. Keys kept at jail.

It is the duty of the sheriff, where the jail is not fireproof, and so long as any person is confined in the jail, to be constantly at the jail or to have constantly at the jail someone having in possession all keys necessary to liberate all of the prisoners in the jail in case of fire.

Acts 1897, ch. 66, § 1; Shan., § 7440a1; Code 1932, § 12047; T.C.A. (orig. ed.), § 41-1112.

41-4-113. Night duty.

The sheriff or other person shall remain in the jail every night from eight o'clock p.m. (8:00 p.m.) to six o'clock a.m. (6:00 a.m.).

Acts 1897, ch. 66, § 2; Shan., § 7440a2; Code 1932, § 12048; T.C.A. (orig. ed.), § 41-1113.

41-4-114. Correspondence and visitors.

After examination and commitment of prisoners, the jailer shall convey letters from prisoners to their counsel and others, sealing and putting them in the post office if required. The jailer shall also admit, without charge, persons having business with prisoners and shall remain present at all interviews between prisoners and others, except their counsel.

Code 1858, § 5421 (deriv. Acts 1826, ch. 45, § 1); Shan., § 7432; Code 1932, § 12041; T.C.A. (orig. ed.), § 41-1114.

41-4-115. Medical care of prisoners.

  1. The county legislative bodies alone have the power, and it is their duty, to provide medical attendance for all prisoners confined in the jail in their respective counties. The county legislative bodies shall allow the county jail physician such compensation, to be paid by their respective counties, as may be fixed by the county legislative body agreed upon in writing between the county and the attending jail physician or as may be fixed by the county legislative body.
  2. The state shall be liable for expenses incurred from emergency hospitalization and medical treatment rendered to any state prisoner incarcerated in a county jail or workhouse; provided, that the prisoner is admitted to the hospital. The sheriff of the county in which the state prisoner is incarcerated shall file a petition with the criminal court committing the state prisoner to the county jail or workhouse attaching to the petition a copy of the hospital bills of costs for the state prisoner. It is the duty of the court committing the state prisoner to the county jail or workhouse to examine bills of costs, and if the costs are proved, the court shall certify the fact thereon and forward a copy to the judicial cost accountant. The expenses for emergency hospitalization or medical treatment shall be paid in the same manner as court costs. Claims for incidents occurring after March 1, 1977, shall be reimbursed if otherwise authorized by this subsection (b).
  3. The state shall be responsible for the transportation costs and cost of any guard necessary upon a state prisoner's admission to a hospital or required follow-up treatment. Reimbursement shall be made according to the procedures established by § 41-8-106, but shall be in addition to the per diem established in § 41-8-106.
  4. Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate in the jail or workhouse a co-pay amount for any medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider provided to the inmate by the county or municipality. The county or municipality adopting the co-pay plan shall establish the amount the inmate is required to pay for each service provided. Nothing in this subsection (d) shall be construed as authorizing a county or municipality to deny medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider to an inmate who cannot pay the co-pay amount established by the plan.
  5. If an inmate cannot pay the co-pay amount established by a plan adopted pursuant to subsection (d), the plan may authorize the jail or workhouse administrator to deduct the co-pay amount from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated.
  6. Notwithstanding any other law to the contrary, a plan established pursuant to subsection (d) may also authorize the jail or workhouse administrator to seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization or pharmacy services to an inmate incarcerated in the jail or workhouse from an insurance company, health care corporation, TennCare or other source, if the inmate is covered by an insurance policy, TennCare or subscribes to a health care corporation or other source for those expenses.
  7. No claim against the state for payment of expenses under this section shall be paid unless the claim is submitted to the department of correction within six (6) months from the date the services were provided.

Acts 1877, ch. 160, § 1; 1885, ch. 95, § 5; Shan., § 7440; Code 1932, § 12046; Acts 1978, ch. 901, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1115; Acts 1985 (1st Ex. Sess.), ch. 5, § 56; 1996, ch. 850, § 1; 2004, ch. 695, § 1; 2014, ch. 582, § 2.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Care of workhouse prisoners by jail physician, § 41-2-118.

Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

Regulation and care of inmates, title 41, ch. 21, part 2.

Attorney General Opinions. A county jail must accept all arrested persons and may not refuse to take custody of an arrestee; however, a jail may make arrangements for medical treatment or transfer a prisoner to the nearest jail sufficient to care for the prisoner's medical needs if it cannot do so and may have the prisoner transferred to the nearest sufficient jail if it is over its approved capacity, OAG 02-015, 2002 Tenn. AG LEXIS 16 (2/6/02).

Medical treatment of prisoners in county facilities in the event of a bioterrorism attack, OAG 03-087, 2003 Tenn. AG LEXIS 104 (7/10/03).

Payment of medical expenses of jail prisoners on medical furlough or bond, OAG 06-084 2006 Tenn. AG LEXIS 93 (5/5/06).

Inmate funds established by or for the benefit of the inmate while incarcerated and not collected for governmental or public purposes are private funds rather than public funds, OAG 06-156, 2006 Tenn. AG LEXIS 176 (10/9/06).

NOTES TO DECISIONS

1. In General.

Tennessee law does not require penal officials to ferret out and address the unique medical needs of each individual prisoner. Willis v. Barksdale, 625 F. Supp. 411, 1985 U.S. Dist. LEXIS 12938 (W.D. Tenn. 1985).

2. Emergency Power of Board of Health.

Where there was smallpox epidemic and county health officer was absent, county board of health had authority to employ physician to take charge of person suspected of having smallpox, and to bind county for reasonable compensation for physician. Allen v. Dekalb County, 61 S.W. 291, 1900 Tenn. Ch. App. LEXIS 149 (1900).

3. “State Prisoners.”

The term “state prisoners” excludes persons who have only been indicted and are incarcerated pending trial on a felony charge. State v. Cox, 8 S.W.3d 268, 1999 Tenn. App. LEXIS 295 (Tenn. Ct. App. 1999).

Counties are required to pay for medical care of prisoners confined in jail in their respective counties; although the prisoner was not in jail at the time of wounding, the prisoner was in the state's custody because the prisoner would have been arrested and taken to jail but for being wounded. Chattanooga-Hamilton County Hosp. Auth. v. Bradley County, 66 S.W.3d 888, 2001 Tenn. App. LEXIS 651 (Tenn. Ct. App. 2001), review or rehearing denied, — S.W.3d —, 2002 Tenn. LEXIS 65 (Tenn. Feb. 11, 2002), overruled, 249 S.W.3d 361, 2008 Tenn. LEXIS 167 (Tenn. Mar. 10, 2008).

4. Expenses.

The state judicial cost accountant is authorized to disallow costs taxed to the state even though the criminal court previously certified the costs as proven. State v. Cox, 8 S.W.3d 268, 1999 Tenn. App. LEXIS 295 (Tenn. Ct. App. 1999).

At the time the injured suspect was transported from one county to another for medical treatment, he was not confined in the jail, a threshold requirement for obligating the county for the expense of medical care and treatment under T.C.A. § 41-4-115; asking the hospital to secure the patient until the time of release did not establish county liability for the suspect's medical expenses. Chattanooga-Hamilton County Hosp. Auth. v. Bradley County, 249 S.W.3d 361, 2008 Tenn. LEXIS 167 (Tenn. Mar. 10, 2008).

41-4-116. Jail inspectors.

  1. The county legislative body may, at its January term each year, appoint three (3) householders or freeholders, residents of the county, of lawful age, to act as jail inspectors for the ensuing year, or the court may appoint inspectors at any other time to act for a shorter period.
  2. The county mayor shall be an ex officio inspector of the jail in each county.
  3. It is the duty of the inspectors appointed to:
    1. Visit and examine the county jail at least once each month;
    2. Make rules and regulations for the preservation of the health and decorum of the prisoners;
    3. Decide all disputes between the jailer and the prisoners;
    4. Provide for the restraint, by ironing or segregation of prisoners who offer violence to fellow prisoners or to the jailer or the jailer's assistants, or for attempting to break jail; and
    5. Make a report, at each meeting of the county legislative body, of the state and condition of the prisoners and the jail.

Code 1858, §§ 5425-5427 (deriv. Acts 1826, ch. 45, § 2); Shan., §§ 7436-7438; mod. Code 1932, §§ 12043-12045; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; modified; T.C.A. (orig. ed.), §§ 41-1116 — 41-1118; Acts 1984, ch. 652, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

Attorney General Opinions. County jail inspectors, OAG 99-153, 1999 Tenn. AG LEXIS 155 (8/16/99).

Duties of jail inspectors, OAG 04-070, 2004 Tenn. AG LEXIS 73 (4/21/04).

NOTES TO DECISIONS

1. Extent of Duties.

The power to “make rules and regulations for the preservation of the health and decorum of the prisoners” is confined to general sanitary and police regulations, and does not authorize them to charge the county with physicians' bills for medical attention to the prisoners. Connell v. County Judge of Davidson, 39 Tenn. 189, 1858 Tenn. LEXIS 276 (1858).

41-4-117. Violation as misdemeanor.

A violation of any of the provisions of §§ 41-4-10841-4-116, whether by the sheriff or by any person selected as jailer or guard by the sheriff, is a Class A misdemeanor.

Acts 1897, ch. 66, § 3; Shan., § 7440a3; mod. Code 1932, § 12049; T.C.A. (orig. ed.), § 41-1119; Acts 1989, ch. 591, §§ 1, 6.

Cross-References. Abatement of fire violations, § 68-120-109.

Penalty for Class A misdemeanor, § 40-35-111.

41-4-118. Employment of guard.

In all cases where a defendant charged with the commission of a felony is committed to jail, either before or after trial, and the safety of the defendant or the defendant's safekeeping, requires a guard, it is the duty of the sheriff to employ a sufficient guard to protect the defendant from violence and to prevent the defendant's escape or rescue. Nothing in §§ 41-4-11841-4-120 authorizes the employment of a guard in cases of insufficient jails, but in such cases the defendants shall be sent to adjoining counties, as required by law.

Acts 1859-1860, ch. 28, § 1; Shan., § 7377; Code 1932, § 11986; T.C.A. (orig. ed.), § 41-1120.

41-4-119. Compensation — Taxing of costs.

  1. For service as a guard pursuant to § 41-4-118, each guard shall receive one dollar ($1.00) for each day, and one dollar ($1.00) for each night so necessarily employed, to be taxed in the bill of costs and paid as other costs are now paid.
  2. Before the payments provided for in subsection (a) are allowed and taxed in the bill of costs, the sheriff shall, in each case, make a statement showing the names and number of the guards, the time of service and the amount due each. The district attorney general shall examine and certify the statement as correct. The circuit or criminal judge shall also examine the statement, and examine in open court such testimony as the judge may deem necessary as to the necessity of the guards, as to their service, and shall certify that the guards were necessary, and that they have rendered the service, and the cost is correctly taxed, all of which shall be spread on the records. Upon a certified copy being presented to the commissioner of finance and administration, the commissioner shall issue a warrant for the payment.

Acts 1859-1860, ch. 28, § 2; Shan., § 7378; Code 1932, § 11987; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 41-1121.

Cross-References. Taxing of costs, §§ 40-24-10240-24-106.

41-4-120. Board in guarding prisoner.

Whenever any officer has to pay necessary expenses for board in guarding a prisoner, the expenses shall be allowed to the officer, to be taxed in the bill of costs not to exceed thirty-five cents (35¢) per meal each for the officer, the prisoner and the guard.

Acts 1859-1860, ch. 28, § 4; Shan., § 7379; mod. Code 1932, § 11988; T.C.A. (orig. ed.), § 41-1122.

41-4-121. Safekeeping of prisoners — Sufficient jails.

    1. The sheriff has the authority, when the jail of the county is insufficient for the safekeeping of a prisoner, to convey the prisoner to the nearest sufficient jail in the state or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility in the state.
    2. In all cases where it is shown to the committing court that the jail of the county in which the commitment should be made is insufficient for the safekeeping of the prisoner, the court may order commitment of the prisoner to the nearest sufficient county jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility.
    3. In all cases where the jail in which a prisoner is confined becomes insufficient for any cause, any circuit, criminal, or general sessions judge, upon the application of the sheriff and proof of the fact, may order the prisoner to be removed to the nearest sufficient jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility.
    1. An order issued under this section shall be reviewed by the issuing court at least once every thirty (30) days. In conducting the review, the court shall determine whether the order needs to remain in place, be terminated, or be modified to place conditions on the order. In evaluating whether the order needs to remain in place, the court shall consider the jail or juvenile detention facilities' obligations relative to the use of restrictive housing. If the order is terminated, the prisoner shall be returned to the county jail or juvenile detention facility, as appropriate.
    2. Nothing in this section authorizes a non-adjudicated juvenile, or a non-adjudicated juvenile who has been transferred to criminal court in accordance with title 37, chapter 1, to be committed or removed to the state penitentiary or a branch prison for safekeeping.

Code 1858, §§ 5402-5404 (deriv. Acts 1809 (Sept.), ch. 126, § 4; 1817, ch. 17, § 1); Shan., §§ 7380-7382; Code 1932, §§ 11989-11991; T.C.A. (orig. ed.), §§ 41-1123 – 41-1125; Acts 2018, ch. 1045, §§  1, 2.

Compiler's Notes. Acts 2018, ch. 1045, § 3 provided that section 1 of the act, which amended this section by adding subsections (d) and (e), shall apply to juvenile prisoners committed or moved for safekeeping prior to, on, or after May 21, 2018.

Acts 2018, ch. 1045, § 3 provided that section 2 of the act, which amended this section, shall apply to prisoners committed or moved for safekeeping prior to, on, or after January 1, 2019.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 3.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319 (1978).

Attorney General Opinions. A county jail must accept all arrested persons and may not refuse to take custody of an arrestee; however, a jail may make arrangements for medical treatment or transfer a prisoner to the nearest jail sufficient to care for the prisoner's medical needs if it cannot do so and may have the prisoner transferred to the nearest sufficient jail if it is over its approved capacity, OAG 02-015, 2002 Tenn. AG LEXIS 16 (2/6/02).

NOTES TO DECISIONS

1. Jail.

The meaning of the term “jail” as used in §§ 41-4-12141-4-126 does not include the state penitentiary. State v. Grey, 602 S.W.2d 259, 1980 Tenn. Crim. App. LEXIS 279 (Tenn. Crim. App. 1980).

2. —“Insufficient” Defined.

An “insufficient” jail includes one that is so overcrowded that it violates a prisoner's rights under U.S. Const., amend. 8. State v. Walker, 905 S.W.2d 554, 1995 Tenn. LEXIS 430 (Tenn. 1995), superseded by statute as stated in, State v. McKnight, — S.W.3d —, 1999 Tenn. Crim. App. LEXIS 779 (Tenn. Crim. App. Aug. 5, 1999), superseded by statute as stated in, State v. McKnight, 51 S.W.3d 559, 2001 Tenn. LEXIS 580 (Tenn. 2001).

The inability of the county to supply immediate medical needs might fall into this category. State v. Chapman, 977 S.W.2d 122, 1997 Tenn. Crim. App. LEXIS 1298 (Tenn. Crim. App. 1997).

3. Transfer to Penitentiary.

Trial judge acted properly in ordering removal of convicted rapist, for safekeeping reasons, from county jail to state penitentiary pending appeal. Chisom v. State, 539 S.W.2d 831, 1976 Tenn. Crim. App. LEXIS 386 (Tenn. Crim. App. 1976).

Trial court would not be justified in transferring person held for trial to the penitentiary unless the transferring court found that there was no nearby county jail sufficient to contain the prisoner safely. State v. Grey, 602 S.W.2d 259, 1980 Tenn. Crim. App. LEXIS 279 (Tenn. Crim. App. 1980).

41-4-122. Guard for removal of prisoner.

The sheriff is authorized to employ as many as two (2) persons, if necessary, in removing a prisoner under § 41-4-121, and each shall be allowed for such services as is provided for similar services in conveying inmates to the penitentiary.

Code 1858, § 5405 (deriv. Acts 1835-1836, ch. 36, § 2); Shan., § 7383; Code 1932, § 11992; T.C.A. (orig. ed.), § 41-1126.

Cross-References. Fees for guards, § 8-21-901.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 3.

41-4-123. Redelivery to place of trial.

The prisoner shall be delivered to the sheriff or deputy sheriff of the county from which the prisoner has been sent, on demand made immediately preceding or during the term at which the prisoner is triable.

Code 1858, § 5406; Shan., § 7384; Code 1932, § 11993; T.C.A. (orig. ed.), § 41-1127.

41-4-124. Allowance of expenses.

When the court orders the prisoner to be carried to the jail of another county for safekeeping for want of a sufficient jail in the county where the case is pending, it may make a reasonable allowance to the sheriff and necessary guard, including expenses for conveying the prisoner to the jail so ordered by the judge.

Code 1858, § 5433 (deriv. Acts 1839-1840, ch. 103); Shan., § 7444; Code 1932, § 12052; T.C.A. (orig. ed.), § 41-1128.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 3.

41-4-125. Proof of costs.

The jailer in cases specified in § 41-4-124 may prove costs in the circuit or criminal court of the county and obtain the certificate of the district attorney general of that court thereto. The clerk of the court shall forward the certificate to the court where the cause is pending to be taxed in the bill of costs.

Code 1858, § 5434; Shan., § 7445; Code 1932, § 12053; modified; T.C.A. (orig. ed.), § 41-1129.

41-4-126. Allowance for additional guards.

If the court directs the sheriff to summon more than two (2) guards in order to carry safely any prisoner charged with a crime from one  county to another for trial or safekeeping, the commissioner of finance and administration shall allow the additional guards ordered by the court the same compensation that is allowed by law to the two (2) guards and give a warrant for that compensation to the sheriff.

Code 1858, § 5435 (deriv. Acts 1843-1844, ch. 69, § 1); Shan., § 7446; Code 1932, § 12054; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12054; T.C.A. (orig. ed.), § 41-1130.

Cross-References. Guarding of work parties, § 41-22-303.

Summons of additional guards, § 40-23-110.

Warrant to summon aid in removal of prisoners, § 40-23-109.

41-4-127. Transportation appropriations by counties having no jail.

The county legislative bodies of counties that have no jail may appropriate a contingent fund in an amount sufficient to pay all contingent expenses in transporting prisoners to and from jail, the appropriation to be made from time to time, so that the sheriff may be able, at any time, upon application to the county trustee, to procure the money necessary, for which the sheriff shall execute a receipt, showing the amount received, which receipt shall clearly set forth for which prisoner the money is expended.

Acts 1870-1871, ch. 95, § 1; Shan., § 7388; Code 1932, § 11997; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1131.

41-4-128. Accounts of appropriated funds.

It is the duty of the county trustee to keep a book in which the trustee keeps an account showing the amounts appropriated from time to time, and also to keep a correct account of all moneys drawn by the sheriff from the contingent fund.

Acts 1870-1871, ch. 95, § 2; Shan., § 7389; Code 1932, § 11998; T.C.A. (orig. ed.), § 41-1132.

41-4-129. Accounts of sheriffs and jailers.

Sheriffs and jailers shall make written statements of account, properly proven and sworn to, for the keeping of prisoners, specifying distinctly each item and the amount due for each item.

Code 1858, § 5430 (deriv. Acts 1823, ch. 51, § 1); Shan., § 7441; mod. Code 1932, § 12050; T.C.A. (orig. ed.), § 41-1133.

41-4-130. [Reserved.]

  1. The fees of jailers shall be taxed separately from the general bills of costs of criminal cases.
  2. All state costs shall be properly proved and sworn to before the clerk of the criminal or circuit court of the county and certified by the clerk for payment.

Acts 1870-1871, ch. 7, § 2; Shan., § 7447a; Code 1932, § 12055; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12055; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified T.C.A. (orig. ed.), § 41-1135; Acts 1983, ch. 418, § 1.

Cross-References. Jailers' fees, state subsidies, § 8-26-105.

Liability of state or county, § 40-25-129.

Reimbursement of jailer for keeping state prisoners, § 8-26-106.

Attorney General Opinions. County liability for cost of incarcerating misdemeanant before sentencing, OAG 98-0159, 1998 Tenn. AG LEXIS 159 (8/24/98).

NOTES TO DECISIONS

1. Constitutionality.

Alleged defects in the title of Acts 1870-1871, ch. 7, from which this section was derived, did not make the law unconstitutional. Stovall v. Perry, 134 Tenn. 707, 185 S.W. 708, 1916 Tenn. LEXIS 3 (1916).

41-4-132. Sheriff's fees.

The accounts of sheriffs for keeping prisoners in their respective jails charged with crime, for which the state may eventually become liable, shall be certified; provided, that the sheriffs having such bills shall first make oath as to the correctness of the bills before the clerk of the circuit or criminal court, who shall affix the clerk's certificate to the bills.

Acts 1887, ch. 242, § 1; Shan., § 7448; Code 1932, § 12056; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12056; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified T.C.A. (orig. ed.), § 41-1136; Acts 1983, ch. 418, §§ 2, 3.

Cross-References. Cases in which state or county liable, § 40-25-129.

41-4-133. Filing of sheriff's bills.

The clerk of the court shall then file the bills of the sheriff, together with the affidavit of the sheriff, whose signature shall be certified in writing under seal of office as authentic by the clerk of the court on the face of the document, and then the sheriff or the clerk shall forward the bills to the proper authorities for payment.

Acts 1887, ch. 242, § 2; Shan., § 7449; Code 1932, § 12057; modified T.C.A. (orig. ed.), § 41-1137; Acts 1983, ch. 418, §§ 4, 5; 1997, ch. 113, § 1.

41-4-134. Compliance as prerequisite to payment.

The commissioner of finance and administration shall not issue warrants for any accounts of sheriffs for boarding prisoners until the bill shows on its face compliance with all of the requirements of §§ 41-4-13141-4-133.

Acts 1887, ch. 242, § 3; Shan., § 7450; Code 1932, § 12058; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12058; T.C.A. (orig. ed.), § 41-1138.

41-4-135. Refund to state of costs collected from defendant.

If costs are afterward collected from the defendant or the defendant's sureties, they shall be turned over to the state treasurer by the clerk of the court as fines are remitted.

Acts 1887, ch. 242, § 4; Shan., § 7451; Code 1932, § 12059; T.C.A. (orig. ed.), § 41-1139.

41-4-136. Monthly audit of jailer's fees.

The jailer's fees for county prisoners shall be referred monthly to the county mayor for inspection, who shall audit the fees and cause the clerk to issue a warrant for the amount allowed.

Acts 1870-1871, ch. 7, §§ 1, 3; Shan., § 7451a; mod. Code 1932, § 12060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 41-1140; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 3.

NOTES TO DECISIONS

1. Constitutionality.

Alleged defects in the title of Acts 1870-1871, ch. 7, did not cause the act to be unconstitutional. Stovall v. Perry, 134 Tenn. 707, 185 S.W. 708, 1916 Tenn. LEXIS 3 (1916).

2. Monthly Payment.

Sheriff is entitled to monthly fees for keeping prisoners in advance of collection by county. Stovall v. Perry, 134 Tenn. 707, 185 S.W. 708, 1916 Tenn. LEXIS 3 (1916).

3. Audit of Account.

Examination of the face of the account by the (former) county judge and his approval thereof is sufficient to satisfy the requirement of this section that he “audit” the account. State ex rel. Biggs v. Barclay, 188 Tenn. 26, 216 S.W.2d 711, 1948 Tenn. LEXIS 489 (1948).

A sheriff's account indorsed by the (former) county judge “approved: not audited” showed a sufficient compliance with this section; for the indorsement necessarily implied that the judge had examined the account and approved it, which satisfies the requirement of this section that he “audit” the account. State ex rel. Biggs v. Barclay, 188 Tenn. 26, 216 S.W.2d 711, 1948 Tenn. LEXIS 489 (1948).

Under the general law, sheriffs of the counties are entitled to be paid for the keeping and feeding of prisoners after their sworn itemized accounts have been certified as correct by the district attorney and circuit judge as to the amount legally owed and due, and audited by the county judge. State ex rel. Biggs v. Barclay, 188 Tenn. 26, 216 S.W.2d 711, 1948 Tenn. LEXIS 489 (1948).

41-4-137. Refund to county of fees collected from defendant.

If, after the hearing of any case in any of the courts upon which the costs of jailer’s fees or any part of the jailer’s fees has been paid as provided in § 41-4-136, any of the sum is collected from the defendant, the sum collected shall be placed in the county treasury to reimburse the county.

Acts 1870-1871, ch. 7, § 5; Shan., § 7452; Code 1932, § 12061; T.C.A. (orig. ed.), § 41-1141.

NOTES TO DECISIONS

1. Constitutionality.

Alleged defects in the title of Acts 1870-1871, ch. 7, did not cause the act to be unconstitutional. Stovall v. Perry, 134 Tenn. 707, 185 S.W. 708, 1916 Tenn. LEXIS 3 (1916).

2. Section Not Repealed.

This section has not been repealed by any subsequent legislation, especially in reference to jail fees in county cases. Stovall v. Perry, 134 Tenn. 707, 185 S.W. 708, 1916 Tenn. LEXIS 3 (1916).

3. Motion by State Against Clerk for Costs Refunded.

Where the state pays costs and the defendant is convicted of such an offense that he is sentenced to work out the same in the workhouse, which he does, and the county pays same over to the clerk of the criminal court, a motion in behalf of the state against him will lie in the circuit court for same as “revenue unaccounted for,” whether the county was liable to the state for the same or not. Donelson v. State, 71 Tenn. 692, 1879 Tenn. LEXIS 132 (1879).

41-4-138. Physical examination of prisoners.

  1. The sheriff of each county who is charged with the care and custody of prisoners is empowered to hire a female registered nurse and a male registered nurse who are authorized to make complete physical examinations of all persons committed to the custody of the sheriff for the purpose of preventing the spread of any contagious disease. The physical examinations may include the taking of blood tests and Pap smear tests and any other tests that are approved and recommended by the county health officer.
  2. All females committed to the custody of the sheriff are to be examined only by the female registered nurse hired for that purpose and all males committed to the custody of the sheriff are to be examined by the male nurse hired for that purpose.

Acts 1969, ch. 178, §§ 1-3; T.C.A., § 41-1142.

Attorney General Opinions. Mandatory medical testing of persons committed to jail, OAG 96-101, 1996 Tenn. AG LEXIS 106 (7/31/96).

Legality of segregating HIV/AIDS infected inmates in local jail, OAG 97-050, 1997 Tenn. AG LEXIS 59 (4/16/97).

NOTES TO DECISIONS

1. AIDS Testing.

Sample of blood could be withdrawn from defendant in custody, for the purpose of determining whether defendant was infected with virus indicating AIDS, over alleged religious beliefs and convictions of defendant, where defendant stated he suffered from AIDS, the taking of the sample was not part of random blood sampling, and evidence showed the sheriff and public health officials had reasonable cause to carry out the test; alleged religious beliefs or convictions of defendant had to yield to concerns for public safety and welfare. Haywood County v. Hudson, 740 S.W.2d 718, 1987 Tenn. LEXIS 1015 (Tenn. 1987).

41-4-139. State prisoners — Payment to county or municipality for keeping.

  1. Whenever the chief executive officer of any county penal farm certifies on or before the tenth day of each month to the judicial cost accountant the state prisoners kept in the institution and the number of days each was kept in the institution during the preceding month, the judicial cost accountant shall cause to be paid to the county the subsidy for that county as fixed by provisions of chapter 8 of this title and the contracts entered into pursuant thereto.
  2. For the purposes of this section, “county penal farm” is construed to include city jails in those municipalities that have concurrent jurisdiction with general sessions courts over state misdemeanors. The municipality shall be compensated in the same manner and conditions as counties are compensated.

Acts 1970, ch. 520, § 1; 1972, ch. 534, § 1; 1976, ch. 828, § 1; 1977, ch. 404, § 4; T.C.A., § 41-1143; Acts 1984, ch. 896, § 6.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

41-4-140. Standards prescribed by the Tennessee corrections institute.

  1. The Tennessee corrections institute has the power and duty to:
    1. Establish minimum standards for local jails, lock-ups and workhouses, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates and standards for the safekeeping, health and welfare of inmates. The standards shall be established by the Tennessee corrections institute and shall approximate, insofar as possible, those standards established by the inspector of jails, federal bureau of prisons, and by the American Correctional Association's Manual of Correctional Standards, or such other similar publications as the institute deems necessary;
    2. Establish guidelines for the security of local jails, lock-ups and workhouses for the purpose of protecting the public from criminals and suspected criminals by making the facilities more secure and thereby reducing the chances that a member of the public or a facility employee will be killed or injured during an escape attempt or while an inmate is fleeing from law enforcement officials following an escape;
    3. Inspect all local jails, lock-ups, workhouses and detention facilities at least once a year and publish the results of the inspections. Inspections shall be based on the established standards mentioned in subdivision (a)(1); and
    4. Have full authority to establish and enforce procedures to ensure compliance with the standards set out in subdivision (a)(1) so as to ensure the welfare of all persons committed to the institutions. Failure on the part of the county, municipality or political subdivision to maintain standards established under this section shall be reported by the board of control of the institute to the commissioner of correction, sheriff, judge, mayor or head of the political subdivision, as appropriate, in which the jail or penal institution is located. This report shall specify deficiencies and departures from the standards and order their correction. At the request of the commissioner, the institute may assist the department of correction in establishing standards for state institutions similar to the standards provided for in subdivision (a)(1).
    1. If, after inspection of a local correctional facility as provided in subdivision (a)(3), the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days for the purpose of making such improvements as are necessary to bring the facility into compliance with the minimum standards. During the period of extension, the facility shall maintain the same certification status as it had prior to the most recent inspection. No additional extensions may be granted, and the certification status given a facility upon reinspection shall be the facility's status until the next annual inspection.
    2. No local correctional facility shall be denied a certificate of compliance with the minimum standards for the sole purpose of calculating the level of reimbursement upon the certified or not certified determination, if the sole cause is based on overcrowding because of prisoners sentenced to the department whose commitments are delayed pursuant to chapter 1, part 5 of this title, or pursuant to a federal court order when such prisoners are being held by a county pending such commitment.
    1. The minimum standards established pursuant to subsection (a) shall also apply to any jail, lock-up or workhouse used for the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense that is owned or operated in this state by a private person or corporation.
    2. The institute also has the duty to inspect, at least once a year, all the private jails, lock-ups and workhouses operating in this state that hold prisoners of any Tennessee jurisdiction in the same manner as is provided in subsection (a).
    3. If, after inspection of a private correctional facility as provided in this section, the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days. If the facility is still not in compliance with the applicable standards, the operators of the facility shall be in violation of this section.
    4. It is a Class A misdemeanor to operate a private correctional facility in violation of this section. If the operator of a private correctional facility is convicted of violating this subsection (c) and the owner of the facility is a person or corporation other than the operator, the owner shall be prohibited from holding any interest in a company or corporation that is engaged in this state in the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense for a period of two (2) years.
    5. This section shall not apply to a private correctional facility operated pursuant to chapter 24 of this title, nor to a contract with a political subdivision of the state.
  2. No local currently certified facility shall be decertified if the local government has submitted a plan within sixty (60) days of the initial annual inspection that is reasonably expected to eliminate fixed ratio deficiencies in that facility and cause that facility to remain certified.
  3. The total number of prisoners awaiting transfer to the department penal system shall be discounted from any computations used to determine compliance with standards used by the institute if the governor has invoked the power of delayed intake pursuant to § 41-1-504(a)(2), or a federal or state court has delayed intake into the department penal system, or both such events.
    1. Notwithstanding subsection (a), any local correctional facility:
      1. Shall meet the square footage requirements for single-occupancy or multi-occupancy cells contained in the minimum standards required by the Tennessee corrections institute that were in effect at the time of the construction of the facility; or
      2. May elect to conform to a more recent minimum standards required by the American Correctional Association in order to accommodate a larger inmate population.
    2. A local correctional facility constructed before the effective date of any minimum standards required by the Tennessee corrections institute shall be exempt from the square footage requirements described in this subsection (f), unless the exemption poses a serious life, safety, or security hazard as determined by the board of control of the Tennessee corrections institute.

Acts 1973, ch. 191, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; 1980, ch. 913, §§ 2-6; T.C.A., § 41-1144; Acts 1984, ch. 938, §§ 11-13; 1985, ch. 161, § 1; 1987, ch. 258, § 1; 1989, ch. 477, §§ 1-3; 1989, ch. 591, §§ 1, 6; 1991, ch. 300, § 1; 1995, ch. 487, § 2; 1996, ch. 1079, §§ 128-131; 2009, ch. 242, § 1; 2014, ch. 535, § 1.

Cross-References. Counselors of correctional institutions, qualifications, § 8-50-105.

Penalty for Class A misdemeanor, § 40-35-111.

Private prison contracting, title 41, ch. 24.

Attorney General Opinions. County jail inspectors, OAG 99-153, 1999 Tenn. AG LEXIS 155 (8/16/99).

The Tennessee corrections institute does not have the authority to waive compliance with minimum jail standards other than in those specific situations outlined in this section, OAG 03-101, 2003 Tenn. AG LEXIS 119 (8/19/03).

T.C.A. § 41-4-140 requires the Tennessee corrections institute to inspect all local jails, lock-ups, workhouses, and detention facilities at least once a year, regardless whether those facilities house county prisoners, state prisoners, or both, and regardless whether those facilities are operated by private companies, OAG 04-026, 2004 Tenn. AG LEXIS 26 (2/12/04).

Square footage requirements for jail cells, OAG 09-018, 2009 Tenn. AG LEXIS 17 (2/25/09).

Changes to the Tennessee corrections institute's minimum standards for local correctional facilities.  OAG 11-63, 2011 Tenn. AG LEXIS 65 (8/26/11).

NOTES TO DECISIONS

1. Segregated Confinement.

A prisoner who was placed in segregated confinement in an effort to foil a rumored escape attempt, was not subjected to disciplinary confinement and he had no right to a disciplinary hearing under the correctional institute regulations. Martucci v. Johnson, 944 F.2d 291, 1991 U.S. App. LEXIS 21480 (6th Cir. Tenn. 1991).

41-4-141. Interlocal agreements for joint operation of jails — Legislative intent — Allowable agreements.

  1. It is the intent of the general assembly to allow interlocal agreements where two (2) or more counties jointly operate a jail. The general assembly finds that regional jails would allow counties to save funds and lower their liability risks.
  2. Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a jail to serve the counties so agreeing.
  3. An interlocal agreement may specify that:
    1. One (1) county actually operates the facility, but all participating counties equally share policy and decision-making responsibilities;
    2. Adjoining counties may contract with a single county to house their prisoners and relinquish their authority regarding policy and decision-making; or
    3. Each participating county operates its own facility for pretrial inmates, but joins with other counties for post-conviction incarcerations.

Acts 1999, ch. 190, § 3; 2005, ch. 187, § 1.

41-4-142. Charging inmates for issued items.

  1. Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a fee, not to exceed the actual cost, for items issued to inmates upon each new admission to jail.
  2. Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a nominal fee set by the legislative body at the time of adoption for the following special services, when provided at the inmate's request:
    1. Participation in GED(R) or other scholastic testing for which the administering agency charges a fee for each test administered;
    2. Escort by correctional officers to a hospital or other health care facility for the purpose of visiting an immediate family member who is a patient at the facility; or
    3. Escort by correctional officers for the purpose of visiting a funeral home or church upon the death of an immediate family member.
  3. A plan adopted pursuant to subsection (a) or (b) may authorize the jail or workhouse administrator to deduct the amount from the inmate's jail trust account or any other account or fund established by or for the benefit of the inmate while incarcerated. Nothing in this section shall be construed as authorizing a county or municipality to deny necessary clothing or hygiene items or to fail to provide the services specified in subsection (b) based on the inmate's inability to pay a fee or costs.

Acts 1999, ch. 261, § 1; 2004, ch. 769, § 1.

Cross-References. Charges assessed against inmates for services provided by state, § 41-21-237.

Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

Attorney General Opinions. Inmate funds established by or for the benefit of the inmate while incarcerated and not collected for governmental or public purposes are private funds rather than public funds, OAG 06-156, 2006 Tenn. AG LEXIS 176 (10/9/06).

41-4-143. Report on prisoners escaping from work details.

The sheriff shall within thirty (30) days report to the county legislative body and to the department of correction the name of any prisoner who escapes while serving on a work detail and shall indicate whether the work detail on which the prisoner was serving was supervised or unsupervised.

Acts 1986, ch. 744, § 27; T.C.A. § 41-8-117.

Code Commission Notes.

Former § 41-8-117, concerning reports on prisoners escaping from work details, was transferred without change to this section by the code commission in 2006.

41-4-144. Jailer qualifications.

  1. After July 1, 2006, any person employed as a jail administrator, jailer, corrections officer or guard in a county jail or workhouse shall:
    1. Be at least eighteen (18) years of age;
    2. Be a citizen of the United States;
    3. Be a high school graduate or possess its equivalency, which shall include a general educational development (GED(R)) certificate;
    4. Not have been convicted of, or pleaded guilty to, or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or municipal ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues;
    5. Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;
    6. Have the person's fingerprints on file with the Tennessee bureau of investigation;
    7. Have passed a physical examination by a licensed physician;
    8. Have a good moral character as determined by a thorough investigation conducted by the sheriff's office; and
    9. Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the person's ability to perform an essential function of the job, with or without a reasonable accommodation.
    1. Requirements for minimum qualifications as set forth in subsection (a) shall be mandatory and binding upon any municipality, county or political subdivision of this state.
    2. Any person who appoints any applicant who, to the knowledge of the appointor, fails to meet the minimum qualifications as set forth in subsection (a), and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the minimum qualifications as set forth in this section, commits a Class A misdemeanor and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).
    3. This section shall not apply to any jail administrator, jailer, corrections officer or guard hired by any municipality, county, or political subdivision of this state prior to July 1, 2006.
  2. Nothing in this chapter shall be construed to preclude an employing agency from establishing qualifications and standards for hiring and training jail or workhouse employees that exceed those set forth in this section.

Acts 2006, ch. 849, § 1; 2012, ch. 848, § 38; 2013, ch. 173, § 2.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

NOTES TO DECISIONS

1. Retaliation.

Where a county stated that it terminated a jail employee because the employee failed to produce evidence pursuant to the sheriff's request of proof of an honorable discharge from the military, the employee's retaliation claim failed because the evidence reflected that the sheriff interpreted the state statute as requiring a jail employee to have been honorably discharged, and the county showed an honest belief in its proffered nondiscriminatory reason that the employee did not have the necessary qualifications for employment. Amos v. McNairy County, — F. Supp. 2d —, 2014 U.S. Dist. LEXIS 90427 (W.D. Tenn. May 16, 2014), rev'd, 622 Fed. Appx. 529, 2015 U.S. App. LEXIS 14201, 2015 FED App. 563N (6th Cir. Tenn. 2015).

41-4-131. Jailers' fees.

Chapter 5
[Reserved]

Chapter 6
Restitution

Part 1
Restitution Centers Act of 1976

41-6-101. Short title.

This part shall be known and may be cited as the “Restitution Centers Act of 1976.”

Acts 1976, ch. 818, § 1; T.C.A., § 41-2301.

Cross-References. Metro sheriffs' restitution program, title 7, ch. 3, part 4.

Roster of inmate release privileges, title 41, ch. 21, part 7.

41-6-102. Establishment authorized — Prerequisites to admission.

  1. The commissioner of correction is authorized to establish residential restitution centers for the purpose of allowing persons convicted of felony offenses and sentenced to the department of correction to reimburse the victim for the value of property stolen or for damages caused by the offenses.
  2. The commissioner may promulgate rules and regulations necessary to administer the programs, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  3. A restitution center may be established inside or outside the bounds of the prison; provided, that the program shall be carried out using present facilities and administrative staff.
  4. Before inmates are accepted into the program, they must enter into an agreement to abide by the rules, regulations and special conditions as set forth by the commissioner or the commissioner's designees.

Acts 1976, ch. 818, § 2; T.C.A., § 41-2302; Acts 1985 (1st Ex. Sess.), ch. 5, § 6.

NOTES TO DECISIONS

1. Payments by Parolees.

Provisions of § 40-28-201, requiring parolees under certain situations to pay five dollars (now fifteen dollars) per month towards the cost of his supervision and rehabilitation, and $30 per month into the criminal injuries compensation fund, were taxes under state law for Tax Injunction Act purposes prohibiting federal courts from interfering with the assessment, levy or collection of any tax under state law where an efficient remedy to challenge such tax would be obtained in the courts of the state. Wright v. McClain, 835 F.2d 143, 1987 U.S. App. LEXIS 16357 (6th Cir. Tenn. 1987).

41-6-103. Work outside center.

The commissioner of correction may permit certain inmates to leave a residential restitution center during necessary and reasonable hours to engage in approved employment or practice legitimate self-employed occupations; provided, that the places of employment are located in this state and within daily commuting distance of the center.

Acts 1976, ch. 818, § 3; T.C.A., § 41-2303.

Cross-References. County workhouse work release programs, § 41-2-149.

41-6-104. Domicile of inmates.

Inmates assigned to restitution centers may be domiciled in correction detention facilities in any area of the state.

Acts 1976, ch. 818, § 4; T.C.A., § 41-2304.

41-6-105. Inmate earnings — Board charges.

When inmates are employed pursuant to this part, the department shall require that inmates turn over wages and salaries when received. The money shall be deposited in trust accounts and ledgers shall be maintained reflecting the status of individual accounts. Each inmate shall be liable for reasonable charges for board as fixed by the commissioner of correction.

Acts 1976, ch. 818, § 5; T.C.A., § 41-2305.

Cross-References. Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

Jails and jailers, title 41, ch. 4.

41-6-106. Disbursement of earnings.

After initial payment of board, the wages and salaries of inmates shall be disbursed for the following purposes in the order set forth:

  1. Reimbursement to the victims of the offense in amounts and in the manner set forth in the contract executed between the inmate, the victim and the commissioner of correction;
  2. Necessary travel expenses to and from work;
  3. Support of dependents, if any, in amounts fixed by the department of correction;
  4. Payment of any outstanding court costs assessed against the inmate;
  5. Payment in full or ratably of obligations acknowledged in writing by the inmate; and
  6. The balance, if any, to the inmate upon discharge from confinement.

Acts 1976, ch. 818, § 6; T.C.A., § 41-2306.

Cross-References. Wages or salary of employed prisoners, §  41-2-129.

41-6-107. Approval of procedures for handling earnings.

Procedure for the handling of all funds as set forth in this chapter shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration. The funds received by the state shall constitute departmental revenues.

Acts 1976, ch. 818, § 7; T.C.A., § 41-2307.

Cross-References. Wages or salary of employed prisoners, §  41-2-129.

41-6-108. Failure to return.

In the event inmates participating in restitution employment programs fail to return to the restitution centers within specified time limits, that failure shall constitute prima facie evidence of escape and shall be punished under the penalties imposed by the laws of this state.

Acts 1976, ch. 818, § 8; T.C.A., § 41-2308.

Cross-References. Escape, §  39-16-605.

Failure to return from work on time as evidence of intent to escape, §  41-2-137.

41-6-109. Screening inmates.

Participating inmates shall be carefully screened and the committing courts shall be consulted before an inmate is placed in the restitution program.

Acts 1976, ch. 818, § 9; T.C.A., § 41-2309.

Part 2
Tennessee Restitution Industries

41-6-201. Purpose.

It is the purpose of this part to:

  1. Authorize the commissioner of correction to establish demonstration-type projects involving inmate labor and private industry to be known as Tennessee restitution industries;
  2. Authorize the commissioner to contract with private industry to lease state land, improvements and facilities at adult correction institutions for the establishment of restitution industries;
  3. Provide for the employment of the inmates of the institution by private industries and the term of employment; and
  4. Designate the uses to be made of deductions from wages earned by inmate employees.

Acts 1977, ch. 151, § 1; T.C.A., § 41-2401.

Cross-References. Tennessee rehabilitative initiative in correction board, § 41-22-404.

41-6-202. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Commissioner” means the commissioner of correction;
  2. “Department” means the department of correction;
  3. “P.I.E. program” means a joint venture authorized by the TRICOR board as provided for in § 41-22-116(e) for the employment of inmates by private industries;
  4. “TRICOR” means the Tennessee rehabilitative initiative in correction board which institutes inmate programs described in § 41-22-402; and
  5. “TRICOR board” means the board created pursuant to § 41-22-404 with the authority to manage and operate TRICOR programs.

Acts 1977, ch. 151, § 2; T.C.A., § 41-2402; Acts 2010, ch. 796, § 1.

41-6-203. Scope of projects — Contracts with private enterprise — Inmate participation.

  1. The commissioner may establish and implement within the boundary of the present correctional facilities now established, or facilities that may be established in the future, certain demonstration-type projects involving the employment of inmates of the institutions by private industry. The projects shall also provide for the delivery of supportive services to inmates participating in the demonstration projects, including, but not limited to, training, education and counseling.
  2. In establishing projects, the commissioner may enter into agreements, by contract, and subject to procedures to be approved by the procurement commission. Any construction required under any contract or agreement shall not be by the state of Tennessee, but shall be by private enterprise with any private enterprise pursuant to which such private enterprise may establish, by construction, lease or otherwise, facilities at the main facility for the purpose of carrying out industrial or other operations authorized in this part. Private corporations and their employees, excluding inmates, must be of good moral character.
  3. The inmates' participation shall be on a voluntary basis.

Acts 1977, ch. 151, § 3; T.C.A., § 41-2403; Acts 2011, ch. 295, § 19.

41-6-204. Wages.

Any agreement pursuant to § 41-6-203 shall contain provisions assuring that the wages paid to inmates shall be no less than the mean wage for the applicable occupation under the “construction and extraction occupations” published in the Tennessee Occupational Wages Report, as defined in § 12-4-907.

Acts 1977, ch. 151, § 4; T.C.A., § 41-2404; Acts 2013, ch. 280, § 15.

Compiler's Notes. Acts 2013, ch. 280, § 18 provided that the act, which amended this section, shall apply to contracts entered into or renewed on or after January 1, 2014.

41-6-205. Receipt by inmates — Rules and regulations — Unemployment compensation.

  1. Any inmate of any institution employed pursuant to this part shall be entitled to receive, after deductions authorized in § 41-6-206 or under any law, wages earned by the inmate in performing work. Wages shall be made available to the inmate at those times the commissioner may prescribe pursuant to regulation, but in no event later than at the time of the inmate's release, by parole or otherwise, from confinement in a state penal or correctional institution.
  2. The employment of inmates shall be subject to the Workers' Compensation Law, compiled in title 50, chapter 6.
  3. As a condition of employment, inmates shall waive all rights to be included in the unemployment compensation program of the state.

Acts 1977, ch. 151, § 5; T.C.A., § 41-2405.

41-6-206. Deductions.

  1. Any inmate employed pursuant to this part shall, in accordance with procedures established by the commissioner, pay from the wages received for work, and the commissioner may deduct from those wages, the following deductions, which shall not, in the aggregate, exceed eighty percent (80%) of gross wages and which shall be limited as follows:
    1. Taxes, federal, state, local;
    2. Reasonable charges for room and board, as determined by the commissioner;
    3. Allocations for support of family pursuant to state statute, court order or agreement by the offender;
    4. Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and
    5. All remaining wages to the inmate's personal trust fund.
  2. Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by regulations prescribe.

Acts 1977, ch. 151, § 6; T.C.A., § 41-2406; Acts 1991, ch. 78, § 4.

Cross-References. Criminal injuries compensation fund, § 40-24-107.

Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

41-6-207. Leasing land and facilities to private enterprise.

  1. In administering this section, the commissioner, as a part of or in connection with any agreement made pursuant to § 41-6-203, may make available by lease or otherwise, land, together with improvements on the land, located at the prison facility, but within the exterior boundary of any state adult correction institution, for use by the private party to the agreement to provide employment in accordance with this chapter.
    1. The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements or facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission.
    2. A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe.

Acts 1977, ch. 151, § 7; T.C.A., § 41-2407; Acts 2010, ch. 796, § 2.

Part 3
Inmate-Produced Arts and Crafts

41-6-301. Purpose.

It is the purpose of this part to:

  1. Authorize the commissioner of correction to encourage the sale of inmate-produced arts and crafts items; and
  2. Designate the uses to be made of deductions from income earned by those sales.

Acts 1997, ch. 336, § 1.

41-6-302. Part definitions.

As used in the part, unless the context otherwise requires:

  1. “Commissioner” means the commissioner of correction; and
  2. “Department” means the department of correction.

Acts 1997, ch. 336, § 1.

41-6-303. Disposition of proceeds from inmate-produced items.

  1. Any inmate producing arts and crafts items for sale pursuant to this part shall, pursuant to policies established by the commissioner, pay from moneys received from sales, and the commissioner may deduct therefrom in the following order:
    1. A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and § 40-24-107, and thereafter to any state fund established by law to compensate victims of crime;
    2. Room and board in an amount to be determined by the department;
    3. A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and
    4. All remaining funds to the inmate's personal trust account.
  2. No inmate may accumulate more than five hundred dollars ($500) in the inmate's personal trust account from arts and crafts sold pursuant to this part. This five-hundred-dollar limitation shall be cumulative and shall remain in effect for as long as the inmate is incarcerated. If funds remain from the sale of arts and crafts after the inmate's five-hundred-dollar personal trust account limitation has been reached, the excess funds shall be distributed as provided in subdivisions (a)(1)-(3).
  3. Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by policy prescribe.

Acts 1997, ch. 336, § 1.

Cross-References. Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

Chapter 7
Tennessee Corrections Institute

41-7-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Board” means the board of control of the Tennessee corrections institute;
  2. “Correctional personnel” means all correctional officers, dormitory supervisor counselors, both adult and juvenile, and chaplains employed in municipal, county and metropolitan jurisdictions; and
  3. “Institute” means the Tennessee corrections institute.

Acts 1974, ch. 733, § 1; T.C.A., § 41-2101; Acts 1984, ch. 938, § 3.

Cross-References. Counselors at educational and correctional institutions, qualifications, § 8-50-105.

41-7-102. Institute created.

  1. There is hereby created the Tennessee corrections institute.
  2. [Deleted by 2019 amendment.]

Acts 1974, ch. 733, § 2; T.C.A., § 41-2102; Acts 2012, ch. 986, § 7; 2019, ch. 143, § 1.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

Amendments. The 2019 amendment deleted former (b) which read: “The Tennessee corrections institute shall be attached to the department of commerce and insurance, and the department shall serve as a fiscal agent for the institute.”

Effective Dates. Acts 2019, ch. 143, § 3. July 1, 2019.

41-7-103. Purposes and duties.

The Tennessee corrections institute shall:

  1. Train correctional personnel in the methods of delivering correctional services in municipal, county and metropolitan jurisdictions;
  2. Evaluate correctional programs in municipal, county and metropolitan jurisdictions. At the request of the commissioner of correction, the institute may also evaluate state correctional programs;
  3. Conduct studies and research in the area of corrections and criminal justice in order to make recommendations to the governor, the commissioner of correction and the general assembly; and
  4. Inspect all local penal institutions, jails, workhouses or any other local correctional facility in accordance with § 41-4-140.

Acts 1974, ch. 733, § 3; 1980, ch. 913, § 7; T.C.A., § 41-2103; Acts 1984, ch. 938, §§ 4-7; 1996, ch. 1079, § 138.

Cross-References. Qualification and training of correction officers, § 41-1-116.

41-7-104. Students eligible — Fees.

  1. In addition to correctional personnel from other jurisdictions within the state, students pursuing a degree with a major in any field within the area of criminal justice in a college or university of this state should also be eligible for enrollment and training at the institute, the same as if they were correctional personnel.
  2. The institute may charge reasonable fees to cover costs of any food, lodging, instrumental materials, equipment or services furnished to trainees, as may be established by the board.
  3. A fee of ten cents (10¢) shall be collected for each completed telephone call made by an inmate housed in a local jail or workhouse. Such fees shall be remitted by the telephone service provider to the state treasurer each quarter and credited to a special account in the state general fund designated as the local correctional officer training fund to be used exclusively to fund certification training provided through the institute for local correctional personnel within the state. The institute’s board of control shall approve all expenditures from the fund. Funds deposited in the account shall not revert to the general fund at the end of any fiscal year. On or before February 1, 2013, and by February 1 of each subsequent year, the institute shall report to the chairs of the state and local government and finance, ways and means committees of the senate and the local government and finance, ways and means committees of the house of representatives on the fund’s reserves and expenditures, which report shall include at least the following information for the prior calendar year:
    1. The amount of available reserves;
    2. The amount of expenditures made from the fund; and
    3. The manner of making such expenditures.

Acts 1974, ch. 733, § 6; T.C.A., § 41-2104; Acts 1984, ch. 938, § 8; 2012, ch. 972, § 1; 2013, ch. 236, § 73.

Cross-References. Qualifications of correction officers, § 41-1-116.

41-7-105. Board of control.

  1. The correctional services programs of the institute shall be under the direction of the board of control of the institute. The board of control shall consist of seven (7) members:
    1. The governor or the governor's designee;
    2. The commissioner of correction or the commissioner's designee;
    3. The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall be appointed by the governor;
    4. Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000);
    5. A county mayor, who shall be appointed by the governor; and
    6. A chief of police or a county commissioner, who shall be appointed by the governor.
  2. The initial term of members of the board shall be three (3) years, beginning on October 1, 2012. Successors shall be appointed for terms of four (4) years. Members shall continue to serve until their successors are appointed. If a vacancy occurs, the governor shall appoint a successor for the unexpired term.
  3. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1974, ch. 733, § 4; 1976, ch. 806, § 1(34); T.C.A., § 41-2105; Acts 2012, ch. 986, § 10.

Compiler's Notes. The Tennessee corrections institute, board of control, created by this section, terminates June 30, 2020. See §§ 4-29-112, 4-29-241.

Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

41-7-106. Powers of board.

  1. The board is authorized to enter into a contract or contracts with state, local, municipal, county or metropolitan correctional and criminal justice officials as may be necessary in order to carry out title 40, chapter 28, this chapter and chapter 21 of this title. In addition, the board has the power to contract with appropriate officials in other states who wish to utilize the services of the institute. The power to contract shall include the power to contract with public agencies or officials for enrolling trainees in general courses or establishing special courses and study projects designed to meet the needs of agencies or units of government.
  2. The board is authorized to accept and expend local, federal or foundation funds, contributions or grants as may be received and allotted for the purposes of this chapter.
  3. The board shall promulgate rules and regulations for the implementation and the effective operation of this chapter.
  4. The board has the right and power to call on the office of the attorney general and reporter for any necessary legal representation or assistance.
  5. The board may authorize its executive director or other official of the institute to execute contracts and take such other actions as it may specify from time to time.
  6. The board is empowered to and shall establish criteria for determining whether to waive the minimum qualifications required to be a jail administrator, workhouse administrator, jailer, corrections officer, or guard in a county jail or workhouse, as provided in § 41-4-144.
  7. The board shall not grant waivers for any person hired as a jail administrator, workhouse administrator, jailer, corrections officer, or guard in any county jail or workhouse who has been dishonorably discharged from the military, has any mental impairment which affects the person's ability to perform any essential function of the job with or without a reasonable accommodation, has a conviction for domestic assault or a felony conviction.
  8. The board's decision to grant waivers under subsection (f) shall be appealable to the chancery court.
  9. The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement subsection (f).

Acts 1974, ch. 733, § 5; 1976, ch. 386, § 1; 1979, ch. 133, § 1; T.C.A., § 41-2106; Acts 1984, ch. 938, § 9; 2012, ch. 930, § 1; 2012, ch. 986, § 8; 2013, ch. 173, § 1.

Compiler's Notes. Acts 2012, ch. 930, § 1 added subsections (f)-(g), effective May 10, 2012. Acts 2012, ch. 986, § 8 rewrote the section, effective October 1, 2012. The subsections added by Acts 2012, ch. 930, § 1 remain in effect after the section was rewritten by Acts 2012, ch. 986, § 8, pursuant to the apparent intent of the legislature.

Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

41-7-107. Authority to acquire site and construct building — Interim facilities furnished by state universities.

  1. The state building commission is authorized and empowered to acquire a site or sites to construct a suitable building or buildings for conducting the programs of the institute. The commission may accept from any agency or department of state or local government a site or building by gift, donation or loan and in that event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of the facility.
  2. Until a facility is constructed or acquired, the institute shall conduct its programs in facilities furnished by Tennessee State University or Middle Tennessee State University.

Acts 1974, ch. 733, § 8; T.C.A., § 41-2108.

41-7-108. Technical and programmatic assistance — Inspections.

At the request of the commissioner of correction, the institute may provide the department of correction with technical and programmatic assistance, including inspections of state facilities. The institute shall provide the department with a report concerning the deficiencies or departures from standards found as the result of the inspection.

Acts 1984, ch. 938, § 10.

41-7-109. Executive director of the board.

  1. The board shall hire an executive director as its duly appointed representative to perform all administrative functions for the board. The person selected to become executive director must be approved by majority vote of the board prior to serving in the position.
  2. The executive director is authorized to employ such personnel as may reasonably be required in accordance with the statutes and procedures administered by the departments of finance and administration and human resources; provided, that an offer of employment is contingent upon the results of a criminal history background check and investigation conducted as follows:
    1. Immediately upon a prospective employee's acceptance of an offer of employment, the executive director or the director's designee, shall submit the prospective employee's name or names to the Tennessee bureau of investigation;
    2. A prospective employee shall supply a fingerprint sample upon request, in the manner requested by the investigating entity; and
    3. The Tennessee bureau of investigation, pursuant to § 38-6-109, shall conduct a criminal history background check and investigation on a prospective employee as soon as practicable after the submission of the prospective employee's name or names by the executive director or the director's designee.
  3. The Tennessee bureau of investigation may contract with the federal bureau of investigation, other law enforcement agencies, or any other legally authorized entity to assist in such criminal history background check and investigation.
  4. The institute shall pay, as an operating expense, the cost of the criminal history background check.
  5. The results of such a criminal history background check shall not be considered a record open to the public, pursuant to title 10, chapter 7, part 5.

Acts 2012, ch. 986, § 9; 2014, ch. 584, § 1; 2019, ch. 143, § 2.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

Amendments. The 2019 amendment rewrote (a) which read: “The commissioner of commerce and insurance shall hire the executive director of the board. The executive director shall perform all administrative functions for the board.”

Effective Dates. Acts 2019, ch. 143, § 3. July 1, 2019.

Cross-References. Confidentiality of public records, § 10-7-504.

Chapter 8
County Correctional Incentives Act of 1981

41-8-101. Short title.

This chapter shall be known and may be cited as the “County Correctional Incentives Act of 1981.”

Acts 1981, ch. 491, § 1; T.C.A., § 41-10-101.

Cross-References. Funding for correctional facilities, title 4, ch. 31, part 4.

NOTES TO DECISIONS

1. Limitations.

As to its contract with the state to operate a particular state prison, the only records subject to being produced pursuant to the Public Records Act, T.C.A. § 10-7-501 et seq., by a private contractor were those identified in T.C.A. § 41-24-117; however, because an applicant did not follow the proper procedure when requesting these documents, his request therefore was dismissed. Furthermore as to the facilities operated by the contractor pursuant to the County Correctional Incentives Act, T.C.A. § 41-8-101 et seq., the documents subject to production were not limited by T.C.A. § 41-24-117. Friedmann v. Corr. Corp. of Am., 310 S.W.3d 366, 2009 Tenn. App. LEXIS 629 (Tenn. Ct. App. Sept. 16, 2009), appeal denied, — S.W.3d —, 2010 Tenn. LEXIS 344 (Tenn. Mar. 1, 2010).

41-8-102. Purpose of chapter.

This chapter provides financial incentives to counties to house additional nondangerous felony offenders locally. The purpose of the chapter is to mutually benefit state and county governments by:

  1. Helping alleviate overcrowding in state correctional facilities and reducing high operation costs; and
  2. Assisting counties in upgrading local correctional facilities and programs.

Acts 1981, ch. 491, § 2; T.C.A., § 41-10-102.

41-8-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Applicant county” means any county that applies to participate in the program;
  2. “Approved applicant county” means any county selected as a participating county and any other applicant county certified by the commissioner as having submitted an acceptable proposal for participation in the program at a future date;
  3. “Certified” refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in § 41-4-140. Determination as to whether any facility has met these minimum standards shall be made by the director of the jail inspection division of the Tennessee corrections institute and certified to the county mayor and to the state judicial cost accountant;
  4. “Commissioner” means the commissioner of correction or the commissioner's designee;
  5. “County correctional incentive program” or “program” means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans;
  6. “Detainee day” refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the department of correction during a designated contract period;
  7. “Grant” means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county;
  8. “Loan” means those funds provided under this chapter by the state to the county for which the state does require repayment by the county;
  9. “Participating county” means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner;
  10. “Plan” means the method by which the county intends to utilize the assistance available under this chapter;
  11. “Prisoner day” means each day each state prisoner was held by a county pursuant to § 40-23-104 or § 40-35-311 and during a designated contract period, where applicable. “Prisoner day” also means each day each state prisoner sentenced to the department of correction was held by a county after the first five (5) days of incarceration following sentencing and during a designated contract period, where applicable; provided, that the prisoner's commitment to the department was delayed pursuant to chapter 1, part 5 of this title or pursuant to the order of a federal court; and
  12. “Subsidy” means that amount of money paid by the state to a county in accordance with § 41-8-106.

Acts 1981, ch. 491, § 3; T.C.A., § 41-10-103; Acts 1983, ch. 357, §§ 1, 2; 1984, ch. 896, § 1; 1985 (1st Ex. Sess.), ch. 5, § 55; 1986, ch. 744, § 25; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-8-104. Participation in program.

  1. Participation by any county in the program is absolutely voluntary. If a county facility is certified or provisionally certified, the county shall be entitled to the compensation provided in § 41-8-106 and shall not be required to meet the additional requirements of this section. If a county facility is not certified or provisionally certified, the county must meet the additional requirements of this section to be eligible for the compensation provided in § 41-8-106.
  2. No county may participate in the program until it has submitted a plan and is selected for participation in the program by the commissioner.
  3. The commissioner shall enter into contracts with those counties approved for participation in this program on an annual basis. Except as otherwise provided in this chapter, the exercise of this discretion shall not be reviewable in any other forum so long as the counties are selected in accordance with the procedures established by this chapter and the rules adopted pursuant to it.
  4. The commissioner shall consider, but shall not be limited to, the following factors in selecting counties to participate in this program:
    1. Representative nature of the county, including geographic location, county population and crime population;
    2. Condition of existing county facilities;
    3. Current capacity of the county facilities to house additional felony offenders;
    4. Potential for increasing the county's capacity for housing additional felony offenders;
    5. Adequacy of present programs and nature of proposed improvements in relation to certification requirements as defined by the Tennessee corrections institute board of control;
    6. Whether and to what extent inmates are worked or are planned to be worked in county work programs;
    7. Whether and to what extent inmates are permitted to participate in work release programs;
    8. Nature and amount of state assistance needed to finance and operate county facilities; and
    9. Availability of state funds.

Acts 1981, ch. 491, § 4; T.C.A., § 41-10-104; Acts 1984, ch. 896, § 2; 1985 (1st Ex. Sess.), ch. 5, § 54.

41-8-105. Submission and review of county plans.

  1. Any county is authorized to submit a plan to the commissioner in which it seeks to participate in the program.
  2. The plan shall be submitted in the manner established pursuant to the rules promulgated by the commissioner pursuant to this chapter. The commissioner shall notify the state and local government committee of the senate and the state government committee of the house of representatives upon receipt of each application.
  3. The plan shall be approved by the county commission and the county sheriff before it will be considered by the commissioner.
  4. The jail inspection division of the Tennessee corrections institute shall provide any assistance requested by the commissioner in the review and evaluation of any plan submitted by the counties and of the county's implementation of a plan that is approved.

Acts 1981, ch. 491, § 5; T.C.A., § 41-10-105; Acts 2013, ch. 236, § 65.

Code Commission Notes.

The former last sentence of subsection (a) was deleted as obsolete by the code commission in 2010. The sentence read: “Additionally, any county which had contracted for the construction of a new correctional facility after January 1, 1981, but prior to June 5, 1981, and which had not arranged permanent financing for construction prior to June 5, 1981, is authorized to submit a plan.”

41-8-106. Housing state prisoners — Contracting — Reimbursement of costs — Debt service.

  1. No county shall be required to house convicted felons sentenced to more than one (1) year of continuous confinement unless the county, through the authority of its county legislative body, has chosen to contract with the department of correction for the purpose of housing certain felons. The department shall promulgate rules for requirements and procedures for contracting.
  2. Counties may contract, in writing, with the state or with other counties for responsibility of correctional populations.
    1. Counties shall be reimbursed for housing convicted felons pursuant to the general appropriations act and according to rules and regulations for determining reasonable allowable costs as promulgated by the department, in consultation with the comptroller of the treasury. The department is authorized to include capital costs within the meaning of reasonable allowable costs. Capital costs may include, but are not limited to, debt service.
    2. The commissioner is authorized, without promulgation of rules and regulations, to agree to reimburse a county for debt service on debt issued by the county in constructing correctional facilities for the purpose of housing inmates sentenced to the county under the authority of a contract entered into under subsection (a). In addition to principal, interest and redemption premiums, debt service may include other necessary items or costs reasonably related to the issuance of such county debt. Upon entering an agreement, the department is authorized to reimburse the county for one hundred percent (100%) of debt service, regardless of whether the county is actually housing inmates under a contract, and until a contract is terminated. The commissioner may not, following execution of any such agreement, amend existing rules and regulations or promulgate new rules and regulations that will impair the state's obligation to reimburse debt service as provided in an agreement. Any obligation for the reimbursement of debt service shall be a contractual obligation of the state.
  3. It is the intent of the state that the holders of debt issued by a county for which the department has agreed to reimburse debt service pursuant to an agreement under this section may rely on, and benefit from, this section and of any obligation by the department and the state to reimburse the county for debt service contained in any agreement, and the state pledges to and agrees with any holders that the state will not amend this section, or limit or alter the obligation of the department and the state to reimburse debt service under any agreement, in any way that would impair the rights and remedies of any holders, or of the county, with respect to reimbursement. This subsection (d) shall not affect the right of the commissioner to terminate any agreement entered into under this section pursuant to the terms set forth in any agreements.
  4. The subsidies paid to counties pursuant to this chapter shall be the only compensation from the state to which counties are entitled for housing state prisoners and shall be in lieu of the fees allowed in § 8-26-106 or any other section.
  5. The department is further authorized to provide additional subsidies to counties for the purpose of community and other diversion programs for pretrial detainees, misdemeanants or convicted felons subject to available appropriations and in accordance with the rules and regulations promulgated by the department.
    1. The department shall take into its custody all convicted felons from any county that had not contracted with the state as authorized by subsection (b). The department shall not be required to take actual physical custody of any of the felons until fourteen (14) days after the department has received all certified sentencing documents from the clerk of the sentencing court.
    2. The commissioner is authorized to compensate any county that has not contracted with the state as authorized by subsection (b) for that county's reasonable, allowable cost of housing felons. The rate of compensation to these counties shall be determined by and is subject to the level of funding authorized in the appropriations bill; however, the commissioner shall not compensate any county that fails or refuses to promptly transfer actual physical custody of an inmate to the department after being requested by the department, in writing, to do so for each day or portion of a day that the county fails to transfer the inmate. The written notice shall include the date it intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. By June 15, 2005, the department shall notify each sheriff of the provisions of this subdivision (g)(2) and the consequences for failing to comply with it.
  6. In the event that a county has been reimbursed pursuant to this section for housing convicted felons for a continuous period of three (3) or more fiscal years and has received the maximum amount allowed per prisoner per day as reasonable allowable costs during this period, then the county shall thereafter be presumed to be entitled to the full maximum amount allocated per prisoner per day as reimbursement of reasonable allowable costs for housing such prisoners and will not be required to provide documentation to the department regarding costs incurred beyond information necessary to determine the number of prisoner days for which the county is entitled to reimbursement.

Acts 1981, ch. 491, § 6; T.C.A., § 41-10-106; Acts 1984, ch. 896, § 3; 1985 (1st Ex. Sess.), ch. 5, §§ 46, 53; 1986, ch. 744, § 26; 1988, ch. 869, § 1; 1989, ch. 462, § 1; 1991, ch. 374, §§ 4, 5, 7; 2003, ch. 355, § 58; 2005, ch. 174, § 3; 2011, ch. 229, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Attorney General Opinions. County may charge work release participants for board despite state housing compensation, OAG 99-081, 1999 Tenn. AG LEXIS 81 (4/5/99).

No county may be required to house convicted felons who have been sentenced to more than one year of continuous confinement unless the county has contracted with Tennessee Department of Correction (TDOC) for the purpose of housing certain felons. TDOC must take into its custody felons from any county that has not contracted with TDOC as permitted by statute. OAG 16-21, 2016 Tenn. AG LEXIS 22 (6/6/2016).

41-8-107. Use of subsidy by counties.

  1. Participating counties having a facility that is not certified pursuant to the most recently established state jail standards shall not diminish their current level of spending for correctional expenses to the extent of any subsidy received pursuant to this chapter. The subsidy provided in this chapter is for expenditures for correctional purposes.
  2. The subsidy received by the counties pursuant to this chapter shall be dedicated exclusively for use in the county's correctional programs. The entire subsidy received shall be appropriated for the benefit of the correctional program.
  3. If the facility has been inspected and certified pursuant to the most recently established state jail standards, the entire subsidy may be used for current operating expenses. In all other situations, seventy-five percent (75%) of the subsidy shall be used for improving correctional programs or facilities.

Acts 1981, ch. 491, § 7; T.C.A., § 41-10-107; Acts 1984, ch. 896, §§ 4, 5; 1985, ch. 270, §§ 1, 2.

Compiler's Notes. In its opinion filed December 13, 2005, Opinion No. 05-177, the office of the attorney general of the state of Tennessee stated: “It is the opinion of this Office that the requirement in Tenn. Code Ann. § 41-8-107 that noncertified counties use seventy-five percent (75%) of their subsidy to fund correctional improvements was implicitly repealed by the legislative restructuring of the county reimbursement program in 1988 from a flat rate subsidy system to a system of reimbursement of reasonable allowable costs and is not enforceable. Requiring use of monies to fund correctional improvements runs counter to the concept of reimbursing counties for their reasonable allowable costs.”

Attorney General Opinions. T.C.A. § 41-8-107(c) has been implicitly repealed and is not enforceable, OAG 05-177, 2005 Tenn. AG LEXIS 179 (12/13/05).

41-8-108. Commissioner to promulgate rules.

The commissioner is authorized and directed to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for purposes including, but not limited to:

  1. General administration of the county incentive program;
  2. Requirements for county plans;
  3. Evaluation of plans submitted by counties; and
  4. Termination of county participation.

Acts 1981, ch. 491, § 8; T.C.A., § 41-10-108.

41-8-109. Grants or loans to counties by state funding board — Restrictions.

  1. The state funding board is authorized to make grants or loans, as funds are available, to any approved applicant county to assist that county in the construction or renovation of a correctional facility.
  2. No county shall award any construction contract in reliance on a grant or loan until such time as the state funding board and the county have executed a contract pursuant to § 41-8-110 or § 41-8-111, and until the state building commission has acted pursuant to § 4-15-102, when an application for a grant has been approved.

Acts 1981, ch. 491, § 9; T.C.A., § 41-10-109.

41-8-110. State funding board authorized to issue bonds and notes — Counties to submit financing agreements and contracts.

  1. For the purpose of providing moneys to assist approved applicant counties in financing capital improvements of correctional facilities, the state funding board, in addition to the powers otherwise granted by law, has the power and is authorized to issue from time to time direct general obligation interest-bearing bonds and bond anticipation notes in such principal amounts as may from time to time be authorized by law.
  2. Loans or grants authorized in accordance with § 41-8-109 shall be made from the proceeds of the bonds or notes to an approved applicant county in the county correctional incentive program. The board shall require the county to submit a financing agreement that includes provisions for the payment of the cost of constructing, acquiring, reconstructing, improving, equipping or furnishing any county correctional facility, including the payment of engineering, fiscal, architectural and legal expenses incurred in connection with the facility and the issuance of the bonds or notes, and shall require the county to execute a contract specifying, among other things, the repayment terms and the project to be funded.

Acts 1981, ch. 491, § 10; T.C.A., § 41-10-110.

41-8-111. Contract terms — Management or operational changes — Restriction on sentencing and commitment.

  1. If the project is to be funded in whole or in part by a grant, the contract may include such provisions as may be agreed upon by the parties to the contract, and shall include in substance, the following provisions:
    1. An agreement by the state to pay the county an amount up to and including one hundred percent (100%) of the actual cost of the project. Part of the grant may be paid to the county as a first advance prior to the construction and during the progress of the construction at a rate in proportion to the rate of construction. The grant may be paid following completion of the construction, as may be agreed upon by the parties;
    2. An agreement by the county to proceed expeditiously with and complete the project in accordance with approved plans; and
      1. An agreement by the county to reserve, keep and maintain a specified number of available cell spaces in the jail for state prisoners under the terms of the contract;
      2. An agreement by the county as to the types of state prisoners with regard to offenses committed and sentences imposed who may be housed in the jail under the terms of the contract; provided, that the county agrees to house any and all felons sentenced to six (6) years or less, if sufficient cell space is provided, or such other felons as may be mutually agreed to by the county and the department of correction, if additional space is reserved by contract;
      3. An agreement that any new construction shall conform to American Correctional Association standards for the purposes proposed for the facilities;
      4. An agreement that the county will repay grant funds to the state if the county withdraws or otherwise terminates the contract to keep state prisoners;
      5. An agreement that in the event a prisoner held in the county facility becomes a discipline problem sufficient to require a closer custody status that cannot be provided adequately or safely in the county facility, the county shall have the authority to petition the sentencing judge for transfer of that prisoner to the department; and
      6. An agreement may provide for a gradual reduction or increase in the number of state prisoners held pursuant to subdivision (a)(3)(A).
  2. Any proposal by the county to subcontract for management of the facility, or any other proposal that would alter the management or operational arrangement specified in the contract, shall be submitted to the department and the funding board for approval. No management or operational change shall be made without the prior approval of the department and the funding board and until an amendment to the contract between the state and the county is effectuated.
  3. Compensation for the housing of state prisoners in any correctional facility constructed or renovated with funds provided in whole or in part by a grant under this chapter shall be paid in accordance with § 41-8-106 and no other jailer's fees for those prisoners shall be paid by the state.

Acts 1981, ch. 491, § 11; T.C.A., § 41-10-111; Acts 1985 (1st Ex. Sess.), ch. 5, § 45; 1987, ch. 105, §§ 1-5.

Cross-References. Reimbursement of jailer for keeping state prisoners, § 8-26-106.

41-8-112. Repayment of loans — County's failure to remit.

  1. The county shall pledge its full faith and credit for the repayment of a loan pursuant to this chapter.
  2. In the event any county having entered into a loan contract pursuant to this chapter fails to remit funds in accordance with any amortization schedule established for the loan, the commissioner of finance and administration shall deliver by certified mail a written notice of the failure to the county. In the event the county fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner of finance and administration may, without further authorization, withhold that sum or part of that sum from any state-shared taxes that are otherwise apportioned to the county.

Acts 1981, ch. 491, § 12; T.C.A., § 41-10-112.

41-8-113. Special account to be established.

There is authorized to be established in the general fund of the state treasury a special account for depositing available funds under this chapter and for disbursing those funds to the counties that qualify for grants or loans under this chapter; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner as is deemed appropriate.

Acts 1981, ch. 491, § 13; T.C.A., § 41-10-113.

41-8-114. Counties free to seek other aid.

Nothing in this chapter shall be construed to limit the right of any county to accept any gift, grant or loan of funds or financial or other aid of any form that might otherwise be available to that county from the state or federal government or any agency of the state or federal government or from any other sources or from complying with the terms and conditions of the aid not inconsistent with this chapter.

Acts 1981, ch. 491, § 14; T.C.A., § 41-10-114.

41-8-115. Federal funds.

The commissioner is authorized and empowered to seek and receive funds from the federal government that will augment the funds appropriated by the state to implement this chapter.

Acts 1981, ch. 491, § 15; T.C.A., § 41-10-115.

41-8-116. Title 9, chapter 9 applicable to this chapter.

  1. The issuance and payment of bonds and bond anticipation notes and the administration of funds for the purpose of this chapter shall be in accordance with title 9, chapter 9.
  2. It is the legislative intent that all bonds and bond anticipation notes issued pursuant to this chapter are also to be considered as issued under title 9, chapter 9.

Acts 1981, ch. 491, § 16; T.C.A., § 41-10-116.

41-8-117. [Transferred.]

Code Commission Notes.

Former § 41-8-117 (Acts 1986, ch. 744, § 27), concerning reports on prisoners escaping from work details, was transfered to § 41-4-143 in 2006 by the code commission.

41-8-118. Participation of regional jail authority.

A regional jail authority created pursuant to chapter 12 of this title is authorized to participate in the program created pursuant to this chapter in the same manner and to the same extent as counties are authorized to participate.

Acts 2008, ch. 1092, § 26.

Chapter 9
Community Work Projects for Probationers

Part 1
General Provisions

41-9-101. Community work project coordinator.

  1. The department of correction is authorized to employ or assign, in each judicial district, a person for the position of community work project coordinator.
  2. The work project coordinator shall be compensated as other state employees and shall be supervised by the director of probation and parole.
  3. The duties of the coordinator include, but are not limited to, the following:
    1. Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the district, or within other judicial districts, that may be performed by probationer or parolee labor;
    2. Interviewing and screening the probationers or parolees available for community work projects in order to match their particular job skills with the type of labor needed;
    3. Coordinating the various approved work projects to ensure that the probationers or parolees available are being utilized efficiently and to the best of their abilities;
    4. Regularly inspecting each approved work project to ensure that the probationers or parolees are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
    5. Performing such other duties as may be assigned by the department of correction.

Acts 1984, ch. 990, § 1; 1998, ch. 1049, §§ 56-60; 2012, ch. 727, § 56.

Compiler's Notes. For the Preamble to the act concerning the transfer of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subsection (a) and subdivision (c)(5), shall be fully accomplished on or before January 1, 2013.

Cross-References. County community work projects for probationers, title 41, ch. 9, part 2.

Probation, paroles and pardons, title 40, ch. 28.

Work release programs for inmates, title 41, ch. 21, part 5.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

41-9-102. Applications for probationer labor.

  1. Any charitable organization or governmental entity within a judicial district is eligible to apply with the work project coordinator of the district for probationer labor to perform a specific work project for that organization or entity.
  2. The application forms shall be prepared by the coordinator of each district but shall contain the following information:
    1. The charitable organization or governmental entity for whom the work will be performed;
    2. The specific work project for which probationer labor is requested;
    3. The specific job skills, if any, that will be required to complete the project;
    4. The number of probationers requested for the project;
    5. The anticipated period of time the work project will take to complete; and
    6. The person in the organization or entity that will be responsible for the supervision and care of any probationer working on the project.
  3. When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)(3)), or any agency, branch, department or other entity of municipal, county, state or federal government may submit an application for probationer labor to the work project coordinator of the judicial district in which the work project is to be performed.
  4. The work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application.
  5. The decision of a work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation and parole shall have authority over the appeals.

Acts 1984, ch. 990, § 1; 1990, ch. 805, § 1; 1998, ch. 1049, § 61.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

41-9-103. Probationers — Eligibility — Reporting for work — Violations.

  1. Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303, and who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3).
  2. When a judge places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the work project coordinator in the judicial district in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  3. After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills, and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  4. If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.

Acts 1984, ch. 990, § 1.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

41-9-104. Liability for injury.

No charitable organization or governmental entity authorized by § 41-9-102 to utilize probationer labor pursuant to this part shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for the organization or entity, if the organization or entity exercised due care in the protection and supervision of the probationer.

Acts 1985, ch. 15, § 1.

Part 2
County Community Work Projects for Probationers

41-9-201. County community work project coordinator.

  1. In all counties of the state, the board or other governmental entity having charge of, supervision, and control of the county workhouse is authorized to employ or assign a person for the position of county community work project coordinator. Any person so employed or assigned shall be responsible for administering a community work project program for probationers placed under the jurisdiction of the county. The county legislative body shall approve the community work project program before the program is implemented.
  2. The county community work project coordinator shall be compensated as other county employees and shall be supervised by the director of probation for the county.
  3. The duties of the county community work project coordinator shall include, but are not limited to:
    1. Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the county that may be performed by county probationer labor;
    2. Interviewing and screening the county probationers available for community work projects in order to match their particular job skills with the type of labor needed;
    3. Coordinating the various approved work projects to ensure that the county probationers available are being utilized efficiently and to the best of their abilities;
    4. Regularly inspecting each approved work project to ensure that the county probationers are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
    5. Performing such other duties as may be assigned by the board or other governmental entity having charge of, supervision and control of the county workhouse.

Acts 1986, ch. 742, § 1.

Cross-References. Community work projects for probationers and parolees, title 41, ch. 9, part 1.

Probation, paroles and pardons, title 40, ch. 28.

41-9-202. Applications for probationer labor.

  1. Any charitable organization or governmental entity within the county is eligible to apply with the county community work project coordinator of the county for county probationer labor to perform a specific work project for the organization or entity.
  2. The application forms shall be prepared by the work project coordinator of each county but shall contain the following information:
    1. The charitable organization or governmental entity for whom the work will be performed;
    2. The specific work project for which county probationer labor is requested;
    3. The specific job skills, if any, that will be required to complete the project;
    4. The number of county probationers requested for the project;
    5. The anticipated period of time the work project will take to complete; and
    6. The person in the organization or entity that will be responsible for the supervision and care of any county probationer working on the project.
  3. When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. §  501(c)(3)), or any agency, branch, department or other entity of municipal, county or state government may submit an application for county probationer labor to the county community work project coordinator of the county in which the work project is to be performed.
  4. The county community work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for county probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve it or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application.
  5. The decision of a county community work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation of the county has authority over the appeals.

Acts 1986, ch. 742, § 1.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

41-9-203. Probationers — Eligibility — Reporting to work — Violations.

  1. Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303, who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3), and who have been assigned to the supervision of the county.
  2. When a judge so places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the county community work project coordinator in the county in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  3. After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  4. If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.

Acts 1986, ch. 742, § 1.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

41-9-204. Liability for injury or damages.

  1. No charitable organization, municipality, county or political subdivision thereof authorized by § 41-9-102 to utilize probationer labor pursuant to this chapter shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for that organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
    1. No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for the acts of any probationer while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
    2. No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any probationer or a probationer's family for death or injuries received while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.

Acts 1986, ch. 742, § 1.

Chapter 10
Correction Volunteer Services

41-10-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Board” means the board of parole;
  2. “Chair” means the chair of the board of parole;
  3. “Commissioner” means the commissioner of correction;
  4. “Department” means the department of correction;
  5. “Institution” means an institution of the department;
  6. “Offender” means a person who is under the authority of the department, pursuant to a court order, a pending court disposition in a Tennessee criminal case or under the authority of the board, pursuant to release under probation or parole supervision, or some other release program from any correctional institution;
  7. “Region” means a probation region of the department of correction;
  8. “TCRB” means the Tennessee community resource board; and
  9. “Volunteer” means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. A “volunteer” may present any grievance related to volunteer services to the TCRB, which shall make recommendations to the commissioner or the board, as appropriate, and may appeal any decision of the TCRB to the commissioner or to the board, as appropriate.

Acts 1985, ch. 267, § 1; 2000, ch. 987, §§ 1-3.

Compiler's Notes. Compiler’s Notes. Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole.

Cross-References. Temporary retention of disabled correctional officer or youth service worker, § 4-6-148.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.197.

41-10-102. Volunteers — Policies — Compensation — Inspection of records.

  1. The department is authorized to recruit, train and appoint volunteers to programs of the department without regard to state employment regulations as administered by the department of human resources. Volunteers shall, however, be required to comply with all applicable department of correction policies. The department is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
  2. The board is authorized to recruit, train and appoint volunteers to programs of the board without regard to state employment regulations as administered by the department of human resources. Volunteers shall be required to comply with all applicable board policies. The board is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
  3. No court or law enforcement agency shall refuse to allow inspection of the court or agency's files and records by any volunteer demonstrating a need to know the contents of those files and records for the performance of official duties.

Acts 1985, ch. 267, § 1; 2000, ch. 987, § 5.

41-10-103. Duties of department of correction.

The department shall:

  1. Take such actions as are necessary and appropriate to develop meaningful opportunities for volunteers to be involved in the department's programs, including the appointment of personnel as deemed necessary by the commissioner to administer volunteer services;
  2. Develop written policy governing the recruitment, training, appointment and supervision of volunteers;
  3. Take such action as is necessary to ensure that volunteers understand their duties and responsibilities;
  4. Take such action as is necessary and appropriate to ensure a receptive climate for volunteers;
  5. Provide for the recognition of volunteers who have offered outstanding service to the department; and
  6. Recognize prior volunteer service as partial fulfillment of state employment requirements for training and experience pursuant to rules adopted by the department of human resources.

Acts 1985, ch. 267, § 1.

41-10-104. Meals — Travel expenses — Use of state vehicles.

  1. Meals may be furnished without charge to volunteers if the scheduled volunteer assignment extends over an established meal period.
  2. Travel expenses may be reimbursed to those volunteers whose volunteer assignment requires them to use their own vehicle or to be away from home in accordance with state travel regulations.
  3. Volunteers may use state vehicles when their assignments so require, subject to the approval of the department and compliance with any rules or regulations that may be promulgated by the department.

Acts 1985, ch. 267, § 1; 1989, ch. 566, § 1.

41-10-105. Community resource board established.

  1. There is established a Tennessee community resource board (TCRB) composed of seventeen (17) members. The speaker of the house of representatives shall appoint a member of the house of representatives to serve on the TCRB and the speaker of the senate shall appoint a member of the senate to serve on the TCRB. Members of the general assembly who serve on the TCRB shall receive no additional compensation for their services, but shall receive compensation for expenses pursuant to § 3-1-106. The remaining members shall be appointed jointly by the commissioner and the chair. Five (5) members shall be appointed from each grand division of the state. Members shall serve terms of three (3) years. Members of the TCRB shall, upon expiration of their terms of office, be eligible for reappointment to successive terms. In making appointments to the board, the commissioner and the chair shall strive to ensure that at least one (1) person serving on the TCRB is sixty (60) years of age or older and that at least one (1) person serving on the TCRB is a member of a racial minority. Members shall have served in a volunteer capacity in corrections, in probation or parole, or in an academic environment in the field of criminal justice or other related field. Vacancies shall be filled by the TCRB; provided, that the person filling the vacancy shall receive the written approval of the commissioner and chair.
  2. The TCRB shall serve both the department and the board. The purpose of the TCRB shall be to:
    1. Coordinate with and assist the department and the board in developing and utilizing volunteer resources in assisting parolees, probationers and inmates in reintegrating into society as productive, law-abiding citizens;
    2. Coordinate with and assist the department and the board in developing policies and procedures governing the utilization of volunteers;
    3. Coordinate a network of local parole, probation and institutional community resource boards on matters of statewide impact;
    4. Advise the department and the board on matters of public interest and concern;
    5. Assist the department and the board in accomplishing their missions;
    6. Review and recommend programs having statewide impact involving volunteers; and
    7. Oversee projects when appropriate.
  3. Local parole, probation and prison institution community resource boards may be established. The purpose of these local boards is to cooperate with local probation and parole offices and correctional institutions to:
    1. Develop a program plan for utilizing volunteers;
    2. Establish specific goals for utilizing volunteers;
    3. Establish performance measures for determining that goals are met; and
    4. Collect data on the cost of using volunteers and the cost benefits to the local office or institution.
  4. Local volunteer resource boards shall report semiannually to the TCRB on their program plans, goals and performance measures.

Acts 1985, ch. 267, § 1; 1989, ch. 278, § 76; 1991, ch. 160, § 7; 2000, ch. 987, § 4.

Compiler's Notes. The Tennessee community resource board (TCRB), created by this section, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Chapter 11
Inmate Reimbursement to the County Act of 1995

41-11-101. Short title.

This chapter shall be known and may be cited as the “Inmate Reimbursement to the County Act of 1995.”

Acts 1995, ch. 522, § 2.

41-11-102. “County jail” defined.

For purposes of this chapter, “county jail” includes county workhouses.

Acts 1995, ch. 522, § 3.

41-11-103. Reimbursement of imprisonment expenses.

A county may seek reimbursement for any expense incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail. The county may seek reimbursement for each person who is or was an inmate for not more than sixty dollars ($60.00) a day for the expense of maintaining the inmate or the actual per diem cost of maintaining the inmate, whichever is less, for the entire time the person was confined in the county jail, including any period of pretrial detention.

Acts 1995, ch. 522, § 4.

41-11-104. Denial of certain privileges prohibited.

The failure of an inmate to provide information on the inmate's financial status shall not be grounds for the denial by the county of any privilege ordinarily available to an inmate, such as behavior or programmatic credits, parole or participation in work programs.

Acts 1995, ch. 522, § 5.

41-11-105. Reporting of inmates and financial and other information.

At the request of the county mayor or a designee of the county mayor, the sheriff of the county shall forward to the county mayor or designee of the county mayor a list containing the name of each inmate, the term of sentence and the date of admission, together with information regarding the financial status of each inmate, as required by the county mayor or designee of the county mayor.

Acts 1995, ch. 522, § 6; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-11-106. Investigation of reports.

The county legislative body or the county mayor may investigate or cause to be investigated all reports furnished by the sheriff pursuant to § 41-11-105 for the purpose of securing reimbursement for the expenses incurred by the county in regard to an inmate as provided under this chapter.

Acts 1995, ch. 522, § 7; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-11-107. Reimbursement of expenses — Civil action.

  1. The county mayor may file a civil action to seek reimbursement from an inmate for maintenance and support of that person while that person was an inmate or for any other expense for which the county may be reimbursed under this chapter.
  2. A civil action brought under this chapter shall be instituted in the name of the county in which the jail is located and shall state the date and place of sentence, the length of time set forth in the sentence, the length of time actually served and the amount or amounts due to the county pursuant to § 41-11-103.
  3. Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
  4. The court may enter a civil judgment against the defendant and may order that the defendant's property be attached for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under § 41-11-103.

Acts 1995, ch. 522, § 8; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-11-108. Jurisdiction — Venue — Receivers.

  1. The county may file the civil action in the circuit court. If the defendant is still an inmate in the county jail, venue is proper in the county in which the jail is located.
  2. If necessary to protect the county's right to obtain reimbursement under this chapter against the disposition of known property, the county may seek issuance of a temporary restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the county for the maintenance and support of the defendant as an inmate. No bond shall be required of the county before a temporary restraining order is issued.
  3. To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.

Acts 1995, ch. 522, § 9.

41-11-109. Homestead exemption.

The county shall not enforce any judgment obtained under this chapter by means of execution against the homestead of the defendant.

Acts 1995, ch. 522, § 10.

41-11-110. Cooperation by judge and sheriff of inmate's home county.

The sentencing judge and the sheriff of any county in which an inmate's property is located shall furnish to the attorney for the county all information and assistance possible to enable the attorney to secure reimbursement for the county under this chapter.

Acts 1995, ch. 522, § 11.

41-11-111. Disposition of funds.

The reimbursements secured under this chapter shall be credited to the general fund of the county to be available for general fund purposes. The county mayor may determine the amount due the county under this chapter and render sworn statements of the amount due. These sworn statements shall be considered prima facie evidence of the amount due.

Acts 1995, ch. 522, § 12; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-11-112. Applicability — Development districts — Contracting.

  1. This chapter only applies in counties having a population in excess of two hundred fifty thousand (250,000), and in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), all according to the 1990 federal census or any subsequent federal census, and in any other county in which the county legislative body, by majority vote, adopts a resolution electing to utilize this chapter to seek reimbursement.
  2. All other counties shall be grouped by development districts established pursuant to title 13, chapter 14, part 1. For those counties, the comptroller of the treasury shall develop guidelines and solicit proposals for the collection of expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail pursuant to § 41-11-103. The guidelines developed by the comptroller of the treasury may, to the greatest extent possible, be based on the collection procedures established by this chapter or may utilize any other collection procedures and standards in the discretion of the comptroller of the treasury. The guidelines for collection may be based on a statewide proposal, be limited to a proposal by development districts or be a combination of both. In developing the proposals, the comptroller of the treasury shall give consideration to awarding a contract to the person or entity based on a percentage of amount retained, competency or ability to perform, costs incurred in securing reimbursement or be based on any other criteria developed by the comptroller of the treasury. The contract awarded by the comptroller of the treasury shall be a two-year contract.
  3. The reimbursements secured under the contracts, less the fee for collection, shall be deposited into the state general fund and, at least annually, shall be distributed to the general fund of the county in which the inmate was incarcerated. The funds may be used for any lawful purpose.

Acts 1995, ch. 522, § 13.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Chapter 12
Regional Jail Authority Act

41-12-101. Short title.

This chapter shall be known and may be cited as the “Regional Jail Authority Act.”

Acts 2008, ch. 1092, § 2.

41-12-102. Powers of regional jail authority — Taxation of property and revenues.

  1. It is declared that a regional jail authority created pursuant to this chapter shall be a public and governmental body acting as an agency and instrumentality of the creating and participating governmental entities, and that the powers exercised by the authority are declared to be for a public and governmental purpose and a matter of public necessity.
  2. The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.

Acts 2008, ch. 1092, § 3.

Cross-References. Regional Jail Authority as participating employer, § 8-35-249.

41-12-103. Purpose of authority.

The general purpose of an authority created pursuant to this part is declared to be that of:

  1. Acquiring, constructing, equipping, maintaining, and operating a jail or workhouse or jails or workhouses and the usual facilities appertaining to those undertakings;
  2. Enlarging, renovating, and improving such facilities;
  3. Acquiring the necessary property for the facilities, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of the facilities, including real property, and in the sale or purchase of any such property to comply with state or local purchasing laws; and
  4. Doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of those types of undertakings.

Acts 2008, ch. 1092, § 4.

41-12-104. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Authority” means a regional jail authority created pursuant to this chapter;
  2. “Board” means the board of commissioners of an authority;
  3. “Bonds” includes notes, interim certificates or other obligations of an authority;
  4. “Creating governmental entity” means a county, including a county that has a metropolitan form of government, or a municipality that by resolution or ordinance of its governing body elects to join together with one (1) or more counties or one (1) or more municipalities to create an authority pursuant to this chapter;
  5. “Executive officer” means the county mayor or other chief executive officer of any creating or participating governmental entity;
  6. “Governing body” means the chief legislative body of any local governmental entity;
  7. “Jail” includes workhouses in accordance with chapter 2 of this title;
  8. “Local governmental entity” means any county, including a county having a metropolitan form of government, and may include a municipality;
  9. “Municipality” means a municipality that has a municipal jail and has concurrent jurisdiction with the general sessions court over state misdemeanors or that, pursuant to § 16-18-311, builds a jail and obtains approval to acquire such concurrent jurisdiction, to create or participate in an authority pursuant to this chapter;
  10. “Participating governmental entity” means a local governmental entity, that, pursuant to a resolution, or in the case of a municipality, an ordinance, of its governing body, elects to participate in a regional jail authority; and
  11. “State” means the state of Tennessee.

Acts 2008, ch. 1092, § 5.

41-12-105. Creation of authority — Resolution and hearing — Transfer of employees — Costs.

  1. The governing bodies of two (2) or more local governmental entities, may create a regional jail authority in the manner provided for in this chapter. The authority shall be subject to all rights, privileges, and obligations contained in §§ 41-4-139, 41-4-140, 41-7-103, and chapter 8 of this title.
    1. Each governing body of a governmental entity proposing to create an authority shall adopt, and its executive officer shall approve, a resolution calling a joint public hearing involving all interested local governmental entities in the enterprise to create a regional jail authority on the question of creating an authority.
    2. Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdictional bounds of the governmental entity proposing to create an authority, the last publication to be at least one (1) week prior to the date set for the hearing.
  2. The hearing shall be had before the combined governing bodies of the respective local governmental entities pursuing the creation of a regional jail authority and all interested persons shall have an opportunity to be heard.
    1. After the hearing, if at least two (2) governing bodies determine that the public convenience and necessity require the creation of an authority, the governing bodies shall individually adopt, and their executive officers shall approve, a resolution or an ordinance, in the case of a municipality, so declaring and creating an authority, which resolution or ordinance shall reference this chapter as the governing statute to create the authority and include the names of the creating governmental entities, the name of the authority and also designate the name and principal office address of the authority.
    2. A certified copy of the resolution or ordinance shall be filed with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 41-12-106, and upon that adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
  3. Whenever an authority is created under this chapter, the creating governmental entity and any participating governmental entity shall enter into an agreement with the authority for the orderly transfer of jail or correctional employees of the governmental entities to the authority.
  4. Each governmental entity participating in the authority shall pay its pro rata share of all expenses and costs of the authority.

Acts 2008, ch. 1092, § 6.

41-12-106. Appointment of board — Vacancies — Removals — Quorum — Powers and compensation.

  1. The board of the authority shall be a board of commissioners appointed as follows:
    1. If the creating or participating governmental entities include only one (1) county and a municipality or municipalities, all of which are located within the same judicial district, the board shall consist of:
      1. The chief executive officer of each local governmental entity participating;
      2. The sheriff of the county that participates in the authority;
      3. One (1) member to be selected by the county legislative body of such county;
      4. The comptroller of the treasury or the comptroller's designee;
      5. The commissioner of correction, or the commissioner's designee;
      6. The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee;
      7. The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
      8. One (1) judge selected by the judges serving the judicial district in which the local governmental entities are located or the judge's designee; and
      9. For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body;
    2. If the creating or participating governmental entities include more than one (1) county, with or without a municipality that may be a participant, all of which are located within the same judicial district, the board shall consist of:
      1. The chief executive officer of each local governmental entity participating;
      2. The sheriff of each county that participates in the authority;
      3. One (1) member to be selected by the county legislative body of each county;
      4. The comptroller of the treasury or the comptroller's designee;
      5. The commissioner of correction, or the commissioner's designee;
      6. The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee;
      7. The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
      8. One (1) judge selected by the judges serving the judicial district in which the local governmental entities are located or the judge's designee; and
      9. For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body; or
    3. If the creating or participating governmental entities include more than one (1) county, with or without a municipality that may be a participant, some of which are located within different judicial districts, the board shall consist of:
      1. The chief executive officer of each local governmental entity participating;
      2. The sheriff of each county that participates in the authority;
      3. One (1) member to be selected by the county legislative body of each county;
      4. The comptroller of the treasury or the comptroller's designee;
      5. The commissioner of correction, or the commissioner's designee;
      6. A district attorney general selected by the district attorneys general serving the judicial districts in which the local governmental entities are located or the district attorney general's designee;
      7. The district public defender selected by the district public defenders serving the judicial districts in which the local governmental entities are located or the district public defender's designee;
      8. One (1) judge selected by the judges serving the judicial districts in which the local governmental entities are located or the judge's designee; and
      9. For each municipality electing to be a part of the authority, in addition to the mayor of the municipality, one (1) member of the governing body of the municipality selected by the governing body.
  2. Each such official shall be a member of the board for the term of office for which the official was elected.
    1. Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in the same manner as the original appointment for the unexpired term.
    2. A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
    3. A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity of the specific officers that made the appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
    1. The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
    2. A majority of the commissioners shall constitute a quorum for the transaction of business.
    3. Except as expressly otherwise specified in this chapter, all powers granted in this part to an authority shall be exercised by the board.
    4. Commissioners may receive compensation for their services and shall receive per diem and may be reimbursed for necessary expenses incurred in the performance of their official duties in an amount to be established by the board; provided, that the reimbursement for expenses and mileage shall not exceed the comprehensive travel regulations for reimbursement for expenses and mileage promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.

Acts 2008, ch. 1092, § 7.

41-12-107. Entities wishing to become or withdraw as members of authority — Requirements.

    1. Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105.
    2. Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate.
  1. The governing body of any governmental entity wishing to become a member of an existing authority and the governing bodies of the governmental entities then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of the governmental entity, identifying the name, address and term of office of initial appointments to the expanded membership in accordance with § 41-12-106. The requirements of § 41-12-105 likewise apply to any action of the governing body.

Acts 2008, ch. 1092, § 8.

41-12-108. Appointment of executive director — Duties.

  1. The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority and who shall serve at the board's pleasure. The board shall enter into a contract with the executive director establishing the director's compensation and term of office.
  2. The executive director is responsible for all personnel matters related to the authority, including, but not limited to, recruitment, discipline and compensation.
    1. The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
    2. If the board has not acted on the budget by the first day of the fiscal year, the previous fiscal year's budget shall automatically go into effect and become the budget for the current fiscal year until the board acts on the budget for the current fiscal year.
  3. The executive director shall also submit periodic reports to the board that it may direct.
  4. The executive director shall attend all meetings of the board.

Acts 2008, ch. 1092, § 9.

41-12-109. Powers of authority.

An authority shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public safety and welfare, and each such authority is authorized and empowered and has all powers necessary to accomplish the purposes of this chapter, excluding the power to levy and collect taxes. The powers include, but are not limited to, the following:

  1. To have perpetual succession, sue and be sued, and adopt a corporate seal;
  2. To acquire by gift, purchase, lease, or otherwise, and to hold, to sell, at public or private sale, or exchange, lease, mortgage, pledge, subordinate interest in, or otherwise dispose of real and personal property of every kind and character for its purposes;
  3. To enter into agreements with the creating or participating governmental entities to acquire by lease, gift, purchase or otherwise, any jail, or portion of a jail, owned by any creating or participating governmental entity and for the operation of the jail as part of the authority;
  4. To enter into, by contract with the creating or participating governmental entities or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority which may include participation in the Tennessee consolidated retirement system as provided in title 8, chapter 35, part 2, or the group insurance for local governments as provided in title 8, chapter 27, part 4; and for such purposes the authority is deemed to be a quasi-governmental organization pursuant to § 8-27-207 [repealed and reenacted; See Compiler's Notes];
  5. To appoint, select, and employ an executive director or such other officers, agents, and employees, including a superintendent of the regional jail facility as provided in § 41-12-114, and necessary jail officers and employees for the regional jail facility, and also including engineering and construction experts, fiscal agents and attorneys, and to fix their respective compensations;
  6. To enter into agreements with the creating or participating governmental entities with respect to the manner of transfer of jail or correctional employees of the governmental entities to the authority, and with respect to the retention by those employees of accrued pension, disability, hospitalization and death benefits;
  7. To use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating or participating governmental entities, with the consent of any such governmental entity, and subject to any terms and conditions that may be agreed upon;
  8. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction and financing of projects and leases of projects or contracts with respect to the use of projects that it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all governmental entities, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable and to establish and charge fees, rates and other charges, as set out in this chapter or other law, and collect revenues from the fees, rates and other charges, not inconsistent with the rights of the holders of its bonds;
  9. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds or other funds made available to the authority;
  10. To accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality of the United States, upon such terms and conditions as the United States or such agency or instrumentality may impose;
  11. To accept loans and grants of money or materials or property of any kind from this state or any agency or instrumentality or governmental entity of the state, upon such terms and conditions as the state or the agency or instrumentality or governmental entity may impose;
  12. To enter into contracts to house state prisoners in accordance with chapter 8 of this title;
  13. To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the indebtedness and, in accordance with title 9, chapter 21, to issue negotiable general obligation notes or bonds or revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the notes or bonds or revenue bonds and for the rights of the holders of the notes or bonds or revenue bonds. Any municipality or county participating in the authority may lend, advance, or give money or materials or property of any kind to the authority;
  14. To exercise any power usually possessed by private corporations or counties performing similar functions that is not in conflict with the constitution and laws of this state;
  15. An authority created pursuant to this chapter and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest in any surplus property not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created in the manner provided by law;
  16. To adopt, amend or repeal bylaws, rules and regulations not inconsistent with this chapter, the general laws of this state or the standards of the Tennessee corrections institute in accordance with § 41-4-140, for the regulation of its affairs, the conduct of its business, the operation of any jail or other project constructed or maintained and to carry into effect its powers and purposes;
  17. To designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the audit. In addition, the authority shall be subject to audit by the comptroller of the treasury;
  18. To adopt by majority vote of the board purchasing procedures consistent with the requirements of the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2; and
  19. To do all things necessary or convenient to carry out the powers expressly given in this chapter.

Acts 2008, ch. 1092, § 10.

Compiler's Notes. Section 8-27-207 referred to in this section was repealed and reenacted by Acts 2015, ch. 426, effective May 18, 2015. For current comparable provisions, see now § 8-27-702.

41-12-110. Applicability of statutory requirements regarding jails and jailers.

The provisions of chapter 4 of this title concerning requirements applied to jails and jailers shall apply with regard to any jail owned or operated by the authority.

Acts 2008, ch. 1092, § 11.

41-12-111. Power of condemnation — Acquisition of property — Location of jail.

  1. Subject to subsection (e), an authority has the power to condemn either the fee or any right, title, interest or easement in property that the board may deem necessary for any of the purposes authorized in this chapter, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of the property or interest; provided, that prior public use shall not be interfered with by this use.
  2. The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
  3. All public agencies and commissions of the state, with the approval of the governor, are authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this chapter at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use.
  4. Title to any property acquired by an authority created pursuant to this chapter shall be taken in the name of the authority.
  5. No authority shall locate a jail in a governmental entity that is not a participating governmental entity in the authority unless the governing body of the nonparticipating governmental entity grants express consent to the location.

Acts 2008, ch. 1092, § 12.

41-12-112. Powers of creating or participating governmental entities.

Any creating or participating governmental entity has all necessary powers in order to further the purposes of this chapter, including, but not limited to, the following, any or all of which powers may be exercised by resolution or ordinance of the governmental entity's governing body:

  1. To advance, donate or lend money on real or personal property to the authority;
  2. To provide that any funds on hand or to become available to the governmental entity for jail purposes shall be paid directly to the authority;
  3. To sell, lease, dedicate, donate or otherwise convey to the authority any of the governmental entity's interest in any existing jail or other related property, or grant easements, licenses or other rights or privileges in the existing jail or other related property to the authority;
  4. To enter into agreements with the authority with regard to the transfer of the governmental entity's employees to the authority with the retention by the employees of any accrued rights in pension, disability, hospitalization and death benefits; and
  5. To permit the governmental entity's rights, duties and powers under the governmental entity's charter or the laws of the state to be performed or exercised by the authority.

Acts 2008, ch. 1092, § 13.

41-12-113. Personnel not to benefit from services or sales — County growth plan — Carrying weapons.

  1. The commissioners, all appointed officers and all personnel employed by the board of commissioners of any regional jail authority under this chapter are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, related to services performed for the authority; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed in any facility owned or operated by the authority.
  2. Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services and projects of an authority shall be consistent with the relevant county growth plan.
  3. For purposes of lawfully carrying a weapon, any regional jail officer shall be permitted to carry a weapon to the same extent that a county or municipal jail officer or correction officer is permitted to carry a weapon.

Acts 2008, ch. 1092, § 14.

41-12-114. Appointment of superintendent — Control and authority — Bond.

  1. The authority is authorized to appoint a superintendent to administer any jails owned or operated by the authority. The superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to the facilities as the sheriffs have by law over the prisoners committed or transferred to their jails.
  2. An authority created pursuant to this chapter may require the superintendent or jail officers, or both, to give bond in such penalty and with such security as the authority may prescribe, conditioned upon the faithful discharge of the duties of their offices.

Acts 2008, ch. 1092, § 15.

41-12-115. Negotiable bonds — Resolution — Enforcement of rights.

    1. The authority has the power to issue negotiable bonds, in accordance with title 9, chapter 21, from time to time in order to accomplish any of the purposes authorized by this chapter. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this chapter.
    2. All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
    1. The bonds shall be authorized by resolution of the board, be issued in accordance with title 9, chapter 21, and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds.
    2. The bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
  1. The resolution may include any covenants that are deemed necessary by the board to make the bonds secure and marketable, including, but not limited to, covenants regarding:
    1. The application of the bond proceeds;
    2. The pledging, application and securing of the revenues of the authority;
    3. The creation and maintenance of reserves;
    4. The investment of funds;
    5. The issuance of additional bonds;
    6. The maintenance of minimum fees, charges and rentals;
    7. The operation and maintenance of the authority's facilities;
    8. Insurance and insurance proceeds;
    9. Accounts and audits;
    10. The sale of authority properties;
    11. The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable;
    12. The terms and conditions upon which bondholders may exercise their rights and remedies;
    13. The replacement of lost, destroyed or mutilated bonds;
    14. The definition, consequences and remedies of an event of default;
    15. The amendment of such resolution; and
    16. The appointment of a receiver in the event of a default.
  2. Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee of the authority, by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution.
    1. Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds.
    2. All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds.
  3. Bonds issued pursuant to this chapter executed by officers in office on the date of the execution shall be valid obligations of the authority, notwithstanding that before the delivery of the bonds, any or all of the persons executing the bonds shall have ceased to be officers.
  4. Bonds issued pursuant to this chapter, and the income from the bonds, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes.
  5. All public officers and bodies of the state, municipal corporations, governmental entities, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority.
  6. Any bonds upon which any creating governmental entity or participating governmental entity is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of the governmental entity.

Acts 2008, ch. 1092, § 16.

41-12-116. Dissolution by joint certificate — Terms of agreement.

  1. Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution or ordinance, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid and that the governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
  2. Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution.

Acts 2008, ch. 1092, § 17.

41-12-117. Additional and supplemental powers — Participation of certain entities.

  1. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law and are not in substitution for those powers, and the limitations imposed by this chapter shall not affect those powers.
  2. The powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter.
  3. Any metropolitan government or any home rule municipality authorized under this chapter to participate in a regional jail authority pursuant to this chapter may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.

Acts 2008, ch. 1092, § 18.

41-12-118. Policy of competitive bidding — Applicable laws.

  1. The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities.
  2. An authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2.

Acts 2008, ch. 1092, § 19.

41-12-119. Authority as governing body.

The authority shall be considered a governing body for purposes of the open meetings laws, compiled in title 8, chapter 44.

Acts 2008, ch. 1092, § 20.

41-12-120. Authority as governmental entity.

The authority shall be considered a governmental entity for purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.

Acts 2008, ch. 1092, § 21.

41-12-121. Authority as public agency.

The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9.

Acts 2008, ch. 1092, § 22.

41-12-122. Records open to public inspection.

The records of the authority shall be open to public inspection in accordance with the open records laws, compiled in title 10, chapter 7, part 5.

Acts 2008, ch. 1092, § 23.

41-12-123. Construction with other laws.

If any law or private act conflicts with this chapter, this chapter shall prevail.

Acts 2008, ch. 1092, § 24.

41-12-124. Liberal construction.

This chapter is remedial in nature and shall be liberally construed to effect its stated purposes and the powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this chapter.

Acts 2008, ch. 1092, § 25.

Chapters 13 — 20
[Reserved]

Chapter 21
Inmates

Part 1
Reception of Inmates

41-21-101. Escort furnished by commissioner.

The commissioner of correction shall designate some official or employee, or may appoint some other suitable person, to go after inmates, at the places of their conviction, and to take the inmates to such places as the commissioner may direct.

Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts. 1915, ch. 7, § 10; Shan., § 7516a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 42, 60; Code 1932, § 12113; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-201.

Cross-References. Commitment to jail pending removal to penitentiary, § 41-4-103.

Counselors of correctional institutions, qualifications, § 8-50-105.

Precautions on reception of prisoners, § 41-21-109.

Prompt removal of prisoner, § 40-23-107.

Regional state workhouses, title 41, ch. 1, part 6.

Removal of prisoner by sheriff, § 40-23-103.

Removal of prisoners to penitentiary, §§ 40-23-10740-23-112.

Transfer of prisoners from county workhouse, § 41-2-121.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

Law Reviews.

Liability of State Officials and Prison Corporations for Excessive Use of Force Against Inmates of Private Prisons, 40 Vand. L. Rev. 983 (1987).

The Privatization of Correctional Institutions: The Tennessee Experience (W.J. Michael Cody, Andy D. Bennett), 40 Vand. L. Rev. 829 (1987).

41-21-102. Persons sentenced to imprisonment.

Inmates sentenced to the penitentiary for life, or any term of time, by any court of this state or of the United States held within this state, shall be received into the penitentiary by the warden of the penitentiary, when delivered upon proper authority, and there kept in pursuance of the sentence.

Code 1858, § 5494 (deriv. Acts 1829, ch. 38, § 28); Shan., § 7514; Code 1932, § 12110; T.C.A. (orig. ed.), § 41-202.

41-21-103. Reception on commutation of sentence.

The warden shall also receive into the penitentiary, under the order of the governor, any person convicted of any crime punishable with death or other punishment, where the sentence is commuted to imprisonment, either for life or a term of years in the penitentiary, and confine that person according to the terms of the commutation.

Code 1858, § 5496; Shan., § 7516; Code 1932, § 12112; T.C.A. (orig. ed.), § 41-203.

41-21-104. Delivery of copy of sentence.

A certified copy of the sentence shall be delivered with each inmate to the warden of the penitentiary and registered in a book kept by the warden for that purpose.

Code 1858, § 5495; Shan., § 7515; Code 1932, § 12111; T.C.A. (orig. ed.), § 41-204.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

41-21-105. Copy of indictment furnished.

    1. Clerks of the criminal and circuit courts of the state are required to furnish the wardens of the state prisons certified copies of all indictments against persons convicted in those courts and sentenced to state prison, at the same time the clerk furnishes the warden copies of the judgment and commitment papers on the convicted person.
    2. For every certified copy of an indictment furnished the warden by the clerks, they shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed and paid as other criminal costs are taxed and paid in criminal cases.
  1. The clerks of the criminal and circuit courts also shall furnish the central records division of the department of correction a copy of the indictment, judgment and commitment papers of persons convicted of a felony and sentenced to serve a sentence in a local detention facility, for which the clerks shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed as other criminal costs and paid in criminal cases.

Acts 1945, ch. 174, § 1; C. Supp. 1950, § 12111.1; Acts 1965, ch. 355, § 5; 1976, ch. 547, § 1; T.C.A. (orig. ed.), § 41-205.

Cross-References. Report by sheriff of convict's background, § 40-23-113.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319 (1978).

41-21-106. Report of confinement of first offenders.

Wardens and superintendents shall report the confinement of first term inmates to the division of rehabilitative services within twenty-four (24) hours following the inmates' arrival.

Acts 1949, ch. 257, § 1; C. Supp. 1950, § 12110.1 (Williams, § 12104.1); Acts 1970, ch. 471, § 17; T.C.A. (orig. ed.), § 41-206.

Law Reviews.

Problem of Age and Jurisdiction in the Juvenile Court (C. William Reiney), 19 Vand. L. Rev. 833 (1966).

41-21-107. Information recorded on reception.

  1. It is the duty of the warden of the Tennessee state penitentiary upon the reception of any inmate to:
    1. Take a complete description of the inmate;
    2. Take the inmate's fingerprints and photograph;
    3. Record the county in which convicted, the nature of the crime and the period of imprisonment;
    4. Obtain from the inmate a full and complete statement, giving a brief history of the inmate's past life, showing past residences, the names and post office addresses of all near relatives, and such other facts as may tend to show the past habits and character of the inmate; and
      1. Have the inmate undergo HIV testing, with or without the inmate's consent, through a licensed medical laboratory, unless the inmate has been tested pursuant to § 39-13-521 before reception. Unless previously tested, the inmate shall undergo HIV testing and shall also undergo a confirmatory test and be referred to appropriate counseling when necessary.
      2. The result of any HIV test ordered under this subdivision (a)(5) is not a public record and shall be available only to:
        1. The person tested;
        2. The attending physician of the person tested;
        3. The department of health; and
        4. The department of correction;
      3. For purposes of this section, “HIV test” means a test of an individual for the presence of human immunodeficiency virus (HIV), or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV. The department of correction shall promulgate rules providing for the testing of inmates for HIV, and those rules shall be consistent with the rules and procedures of the department of health;
      4. This subdivision (a)(5) only applies to inmates less than twenty-one (21) years of age.
  2. The warden shall, by correspondence or otherwise, seek to verify or disprove any statements or information obtained from the inmate and pursuant to this section shall preserve the record so obtained as a part of the official records of the Tennessee state penitentiary.

Code 1858, § 5499 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7517; Code 1932, § 12114; Acts 1943, ch. 68, § 1; C. Supp. 1950, § 12114; T.C.A. (orig. ed.), § 41-207; Acts 1997, ch. 298, § 1.

41-21-108. Search of inmate and baggage.

The baggage and person of the inmate shall also be carefully searched and every instrument taken from the inmate by which the inmate may effect an escape.

Code 1858, § 5500 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7518; Code 1932, § 12115; T.C.A. (orig. ed.), § 41-208.

41-21-109. Precautions against contagious disease.

To prevent the introduction of contagious disorders, the warden shall cause every person sentenced to the penitentiary to be washed, cleansed and kept entirely apart from the other inmates until it is certified by the physician that the inmate may be permitted to join them in labor without danger to their health.

Code 1858, § 5501 (deriv. Acts 1829, ch. 38, § 34); Shan., § 7519; Code 1932, § 12116; T.C.A. (orig. ed.), § 41-209.

Part 2
Regulation and Care of Inmates

41-21-201. Duty of warden.

The warden is charged with the duty of treating the inmates with humanity and kindness and protecting them from harsh and cruel treatment and overwork.

Acts 1883, ch. 171, § 3; Shan., § 7498; Code 1932, § 12094; T.C.A. (orig. ed.), § 41-301.

Cross-References. Counselors at educational and correctional institutions, qualifications, § 8-50-105.

Humane treatment of prisoners to be provided, Tenn. Const. art. I, § 32.

Medical and welfare services for inmates, §§ 4-6-1094-6-113.

Records of inmates, § 4-6-140.

Unlawful use for private gain, §§ 4-6-138, 4-6-139.

NOTES TO DECISIONS

1. Insane Prisoners.

The support and maintenance of insane criminals is primarily a matter of statutory regulation. Cox v. State, 222 Tenn. 606, 439 S.W.2d 267, 1969 Tenn. LEXIS 497 (1969), dismissed, Cox v. Tennessee, 396 U.S. 18, 90 S. Ct. 162, 24 L. Ed. 2d 18, 1969 U.S. LEXIS 626 (1969).

41-21-202. Grading and classification of inmates.

The inmates shall be graded and classified in such a manner as is most conducive to prison discipline and the moral status of the inmates.

Acts 1895 (Ex. Sess.), ch. 7, § 4; Shan., § 7520; mod. Code 1932, § 12117; Acts 1972, ch. 576, § 9; T.C.A. (orig. ed.), § 41-302.

Cross-References. Classification with respect to capacities in prison industries, § 41-22-118.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 2.

NOTES TO DECISIONS

1. Purpose of Section.

This section was not intended to create legally enforceable rights; it leaves to department of correction's discretion the implementation and programming details necessary to achieve the legislative purpose. Grubbs v. Bradley, 552 F. Supp. 1052, 1982 U.S. Dist. LEXIS 16298 (M.D. Tenn. 1982).

41-21-203. Cleanliness and health measures.

  1. The warden shall set forth rules and regulations necessary to promote the health, cleanliness and physical welfare of the inmates.
  2. The warden shall also adopt measures to ensure the cleanliness and sanitary condition of the institution.

Code 1858, § 5508 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12124; Acts 1972, ch. 576, § 11; T.C.A. (orig. ed.), § 41-306.

41-21-204. Medical and psychological care.

  1. All inmates at their reception and at such times thereafter as may be deemed necessary shall be examined by a physician for the purpose of determining their health status.
  2. The medical director shall conduct a daily outpatient clinic. Any inmate who is ill shall receive proper medical treatment.
    1. The physician shall, acting under and subject to the power of the commissioner of correction, visit the penitentiary in the discharge of duties as often as necessary, prescribe for inmates who are sick, and attend to the regimen, clothing and cleanliness of those who are in the hospital and report to the commissioner any failure on the part of the warden to provide fully for their necessary wants.
    2. The physician shall keep a regular journal, to be left in the penitentiary, stating the time of all admissions to the hospital, the nature of the disease, the treatment of each patient, and the time of the patient's discharge from the hospital or of the patient's death.
    3. The physician shall keep a register of all the inmates under the physician's charge, stating their diseases, the cause of the diseases when practicable and the state of their health on entering and leaving the hospital. The physician shall also keep a register of all infirm inmates, giving their names, ages, places of birth and the particular infirmity of each. The register shall always remain in the hospital, open to inspection.
  3. The commissioner may remove the inmates in the penitentiary to such place of security in this state as the commissioner may think best, if, in the commissioner's opinion, the prevalence of any epidemic, infectious or contagious disorder or other urgent occasion renders it expedient and proper.
  4. Any inmate who is sick at the expiration of the term of imprisonment shall not be discharged until the inmate's health is restored, except at the inmate's request.
    1. To the extent necessary, the department of correction may contract with the department of mental health and substance abuse services or the department of intellectual and developmental disabilities to ensure that psychological services are available at an adequate level and quality for all inmates who are in the department's custody and who are in need of those services but who do not qualify for a transfer from the department of correction as provided in title 33, chapter 3, part 4.
    2. The department of correction shall exercise due diligence to protect the safety of any person rendering psychological services at a departmental facility.
    3. “Psychological services,” as used in this subsection (f), includes evaluation and treatment for chemical dependency, psychological disorders and intellectual disability.

Code 1858, §§ 5461, 5484-5487 (deriv. Acts 1829, ch. 38, §§ 14, 23), 5527; Acts 1883, ch. 171, § 24; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7478, 7502-7506; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12076, 12097-12101; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, §§ 13, 14; T.C.A. (orig. ed.), §§ 41-312 — 41-316, 41-318, 41-319; Acts 1986, ch. 483, § 1; 2000, ch. 947, § 6; 2010, ch. 734, § 1; 2010, ch. 1100, § 70; 2012, ch. 575, § 1.

Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734.

Acts 2010, ch. 734, § 1 provided that the Tennessee code commission is directed to change all references to “mental retardation”, wherever such references appear in titles 33, 39 and 41, to “intellectual disability”, as supplements are issued and volumes are replaced.

Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act.

Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. 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.

NOTES TO DECISIONS

1. Habeas Corpus.

Habeas corpus will not lie to superintend the treatment of prisoners confined in the penitentiary. State ex rel. Jordan v. Bomar, 217 Tenn. 494, 398 S.W.2d 724, 1965 Tenn. LEXIS 550 (1965).

41-21-205. Censorship of mail.

The commissioner of correction, or the commissioner's designated representative, has the duty and is so empowered to establish rules, regulations and procedures regarding the opening, inspecting and reading of mailable items and letters sent to or from any inmate. The regulations shall be established so as to best promote the health, safety and welfare of all inmates.

Code 1858, § 5525 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7544; Code 1932, § 12142; Acts 1972, ch. 576, § 16; T.C.A. (orig. ed.), § 41-323.

41-21-206. Access to healthcare products for incarcerated women.

  1. As used in this section:
    1. “Custodian” means the warden of a state correctional facility;
    2. “Healthcare products” includes:
      1. Feminine hygiene products;
      2. Moisturizing soap that is not lye-based;
      3. Toothbrushes;
      4. Toothpaste; and
      5. Any other healthcare product a custodian deems appropriate; and
    3. “State correctional facility” means a state facility or state institution that houses an inmate population under the jurisdiction of the department.
  2. A custodian shall make healthcare products available to all women incarcerated in a state correctional facility at no cost and in a quantity that is appropriate to the needs of the woman without a medical permit. Custodians shall not require that a woman be diagnosed with an illness to access healthcare products. Custodians shall make healthcare products available in housing units and in the medical area of a state correctional facility.
  3. This section does not establish a minimum standard or otherwise create a private right of action concerning the products supplied to a person incarcerated in a state correctional facility.

Acts 2019, ch. 411, § 1.

Effective Dates. Acts 2019, ch. 411, § 2. May 21, 2019.

41-21-207. Work or education of inmates.

  1. All persons sentenced to the penitentiary shall be kept at labor or at school when in sufficient health.
  2. The work of inmates shall be generally from six (6) to eight (8) hours per day during regular work days throughout the year and the number of hours to be worked in the different seasons of the year shall be regulated by the commissioner of correction. For purposes of this section, any hour an inmate attends school each day shall be credited to the hours the inmate must work each day.

Code 1858, § 5502; Acts 1883, ch. 171, § 3; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7512, 7521; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12108, 12118; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-325; Acts 1992, ch. 1022, §§ 1-3; 2005, ch. 271, § 1.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-208. Work within and outside prisons.

  1. The inmates shall be worked within the walls of the prison, except when otherwise provided in this code.
    1. The commissioner of correction, with the approval of the governor when it appears to be in the best interests of this state, is authorized to permit inmates to work at other places in this state other than within the walls of the prison. Any other work performed by the inmates shall be in connection with the duties and functions of the various departments, commissions and divisions of state, municipal and county governments and upon property owned or leased to the state of Tennessee or its political subdivisions.
    2. The commissioner is authorized to make any rules, regulations and conditions that the commissioner deems necessary and advisable in connection with the performance of such work by inmates.

Code 1858, § 5532; Shan., § 7551; mod. Code 1932, § 12150; Acts 1963, ch. 180, § 2; 1970, ch. 391, § 1; T.C.A. (orig. ed.), § 41-326.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7.

NOTES TO DECISIONS

1. Medical Care.

Absent request or requirement that prisoner waive his right to have the state of Tennessee provide him with medical care for injuries received while he was on furlough, the state had the obligation of providing reasonable medical care to prisoner in treatment of injuries he received while on furlough. Bryson v. State, 793 S.W.2d 252, 1990 Tenn. LEXIS 275 (Tenn. 1990).

Where on learning of prisoner's hospitalization the state left him to be treated in a private institution rather than remove him to one of its own facilities, the state was under obligation to pay the reasonable cost of such treatment not paid by a collateral source. Bryson v. State, 793 S.W.2d 252, 1990 Tenn. LEXIS 275 (Tenn. 1990).

41-21-209. Murderers and rapists not to work outside.

No inmate under sentence for the crime of murder or rape shall be worked or hired outside of the prison bounds of the penitentiary, unless by the direction of the commissioner of correction.

Acts 1883, ch. 171, § 13; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7513; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12109; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-327.

NOTES TO DECISIONS

1. Administrative Error.

Where convicted rapist escaped from penitentiary, administrative misconduct in permitting him to work outside prison walls did not give him license to escape, and he cannot plead it in abatement of his escape indictment. Chisom v. State, 539 S.W.2d 831, 1976 Tenn. Crim. App. LEXIS 386 (Tenn. Crim. App. 1976).

41-21-210. Employment adapted to inmate's condition.

The particular employment of each inmate shall be such as is best adapted to the inmate's age, sex and state of health, having due regard to that employment that is most profitable.

Code 1858, § 5504 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7523; mod. Code 1932, § 12120; T.C.A. (orig. ed.), § 41-328.

41-21-211. Bibles furnished.

Each inmate shall be provided with a Bible, which the inmate may be permitted to peruse in the inmate's cell at such times as the inmate is not required to perform prison labor.

Code 1858, § 5510 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7529; Code 1932, § 12126; T.C.A. (orig. ed.), § 41-329.

NOTES TO DECISIONS

1. Establishment of Religion.

Sheriff's department did not violate inmate's rights under the first amendment's establishment and free exercise clauses where, rather than enforcing T.C.A. § 41-21-211, the department acknowledged that the statute violated U.S. Const. amend. 1 and declared that the department did not provide a Bible to each inmate; Bibles were made available to inmates through the jail library, but only because they had been donated to the library, while the Holy Quran was not available to inmates because no copies of the Holy Quran had been donated to the library. Ha'Min v. Montgomery County Sheriff's, 440 F. Supp. 2d 715, 2006 U.S. Dist. LEXIS 50448 (M.D. Tenn. 2006).

41-21-212 — 41-21-215. [Repealed.]

Compiler's Notes. Former §§ 41-21-21241-21-215 (Acts 1931, ch. 89, §§ 1, 2; 1943, ch. 144, § 1; C. Supp. 1950, §§ 11780.1, 11780.2 (Williams, §§ 12209.1, 12209.2); Acts 1953, ch. 164, §§ 1, 2; 1980, ch. 805, §§ 5-8; T.C.A. (orig. ed.), §§ 41-332 — 41-335; Acts 1984, ch. 982, § 2), concerning grading of prisoners, were repealed by Acts 1985 (1st Ex. Sess.), ch. 5, § 14, but the department of correction is authorized to continue their application pursuant to § 41-21-236(g).

Former §  41-21-212 read: “41-21-212. Good behavior allowance. — (a) Each convict who shall demean himself uprightly shall have deducted from the time for which he may have been sentenced, one (1) month for the first year, two (2) months for the second year, three (3) months for each subsequent year until the tenth year inclusive and four (4) months for each remaining year of the time of imprisonment. This shall apply to prisoners in confinement or on parole therefrom.

“(b) This section shall apply only to those persons convicted of an offense committed before July 1, 1981, and then only until such good behavior allowances are converted into good conduct sentence credits pursuant to § 41-21-231.”

Former §  41-21-213 read: “41-21-213. Grading of prisoners — Record of conduct — Grade privileges. — (a) It shall be the duty of the wardens of all the state penitentiaries to keep a correct record of the conduct of each inmate and under the rules and regulations prescribed by the commissioner of correction to establish grades of the inmates. The commissioner of correction shall have authority to fix the privileges that will be permitted to the prisoners of each grade.

“(b) The conduct record shall become the basis for the allowance of ‘good time.’

“(c) This section shall apply only to those persons convicted of an offense committed before July 1, 1981, and then only until such good behavior allowances are converted into good conduct sentence credits pursuant to § 41-21-231.”

Former §  41-21-214 read: “41-21-214. Honor grade — Time allowance. — (a)(1) The said commissioner of correction shall have the right and power to establish an honor grade in which convicts shall be placed when received at the prison.

“(2) The allowance for honor grade shall be two (2) months of each year of the term of service.

“(b) This section shall apply only to those persons convicted of an offense committed before July 1, 1981, and then only until such honor grade time allowances are converted into good conduct earned sentence credits pursuant to § 41-21-231.”

Former §  41-21-215 read: “41-21-215. Violations by honor prisoners. — (a) Should any prisoner who has been placed in the honor grade violate the rules and regulations of the prison or otherwise demean himself improperly, the commissioner of correction is authorized to remove him from the honor grade and take away the whole or any part of the honor time of said person. For the same consideration, the commissioner of correction is authorized to take away the whole or any part of the good time of said person.

“(b) This section shall apply only to those persons convicted of an offense committed before July 1, 1981, and then only until such honor grade time allowances are converted into good conduct earned sentence credits pursuant to § 41-21-231.”

41-21-216. Custody of prisoners' personal belongings and funds.

  1. It is lawful for the warden of the penitentiary, acting under and subject to the power of the commissioner of correction, to take charge of any property in the possession of any of the inmates at the time of their entering the prison, and, on the application of the inmate, to sue for and receive any goods, chattels or money due or belonging to that inmate and to keep a correct account of such goods, chattels or money.
  2. The money or property thus received shall be held subject to the order of the inmate upon discharge, or to the inmate's legal representative in case of death, subject at first to the payment of all costs that may have been adjudged against the inmate and the expenses of keeping the inmate, if any, over the value of the inmate's work.
  3. If no demand is made for the money by the inmate, or a legally authorized agent or personal representative within six (6) months after the inmate's death or discharge, the amount on hand shall be paid by the warden through the commissioner into the state treasury.
  4. The warden shall also cause the clothes of each inmate, when received into the penitentiary, to be washed and carefully put away, and shall place a ticket with the inmate's name on the clothes, to be returned to the inmate on the inmate's discharge; or, if the inmate prefers, to dispose of them to the best advantage, and retain the money, to be paid as provided in subsection (b).

Code 1858, §§ 5477-5480 (deriv. Acts 1829, ch. 38, §§ 17, 35); Shan., §§ 7493-7496; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12088-12091; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-336 — 41-339.

41-21-217. Funds subject to fines and costs.

The funds received by the warden under § 41-21-216 are subject to the satisfaction of any judgment for fine and costs rendered against the inmate upon pronouncing sentence and to the expense of keeping the inmate, if any, over and above the inmate's labor.

Code 1858, § 5481 (deriv. Acts 1829, ch. 38, § 17); Shan., § 7497; Code 1932, § 12092; T.C.A. (orig. ed.), § 41-340.

41-21-218. Notice of rules to inmates.

Regulations provided for in this part, with all others adopted by the general assembly or the commissioner in reference to the police and government of the penitentiary, which it is necessary that the inmates should know, together with the provisions of part 4 of this chapter, §§ 39-12-103, 39-13-304, 39-16-201, 39-16-402, 39-16-403, title 39, chapter 16, part 6 in relation to escapes, and § 39-17-303, shall be printed so as to be conveniently read and set up by the warden, in a conspicuous place, and also read and explained by the warden to each inmate upon admission to the penitentiary.

Code 1858, § 5524 (deriv. Acts 1829, ch. 38, § 26); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7543; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12141; Acts 1972, ch. 576, § 18; T.C.A. (orig. ed.), § 41-341; Acts 1996, ch. 675, § 40.

NOTES TO DECISIONS

1. Manner of Notice.

An inmate's signing of an acknowledgment that if he escaped while on work release he could be punished in accordance with departmental policy satisfied the notice requirements of this section. Rienholtz v. Bradley, 945 S.W.2d 727, 1996 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1996).

41-21-219. Clothing, money and transportation furnished on discharge.

  1. Each inmate housed at a department of correction institution, at the discretion of the commissioner of correction, shall be furnished at the inmate's release, either on parole or probation pursuant to § 40-20-206 or § 40-35-501(a) or when discharged without further supervision, with appropriate clothing and with an amount of money not to exceed thirty dollars ($30.00) for an inmate leaving on parole or probation and an amount not to exceed seventy-five dollars ($75.00) for an inmate who is discharged without further supervision. Each inmate who is paroled or placed on probation pursuant to § 40-20-206 or § 40-35-501(a) will also be provided with a nontransferable ticket for the cheapest available means of transportation to the inmate's approved parole or probation residence when private transportation is not available. A parole or probation violator who is re-released within three (3) months following the violator's return to the custody of the department shall be ineligible to receive any release provisions.
  2. Nothing in this section shall be construed to limit the commissioner's ability or discretion in enacting policies or undertaking rehabilitative, anti-recidivism, or reentry assistance programs for probationers or parolees.

Code 1858, § 5528; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12145; mod. C. Supp. 1950, § 12145; Acts 1972, ch. 654, § 1; T.C.A. (orig. ed.), § 41-342; Acts 1988, ch. 570, § 2; 1991, ch. 77, § 1; 2014, ch. 558, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Probation, paroles and pardons, title 40, ch. 28.

41-21-220. Report of injuries and deaths.

The warden at the main prison or any branch prison or mine where any inmate meets with sudden death or physical injury by means of violence or accident shall, within ten (10) days after the occurrence of death or physical injury, report the death or injury to the commissioner of correction, together with a detailed statement under oath of all the facts and circumstances bearing upon the death or injury.

Acts 1889, ch. 204, § 19; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 1; Shan., § 7491; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12086; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-343.

41-21-221. Examination and burial of deceased prisoners.

  1. Whenever any inmate dies in the penitentiary, the warden shall forthwith notify the commissioner of correction, if practicable, and summon at least one (1) licensed physician of the county of the prison to examine the body of the deceased, whose duty it is to attend and ascertain, as nearly as may be, the cause of death, and report the cause to the commissioner. The warden shall not permit the body to be buried until that examination is made.
  2. If the body is not applied for by the friends of the deceased, nor for medical and surgical science under the provisions of the law, within a convenient time after the examination, the warden shall have it decently interred in the burying place provided for the penitentiary.

Code 1858, §§ 5529, 5530; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1899, ch. 206; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7548, 7549; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12147, 12148; impl. am. Acts 1955, ch. 102; 1972, ch. 576, § 19; T.C.A. (orig. ed.), §§ 41-344, 41-345.

Cross-References. Bodies used for scientific purposes, title 68, ch. 4.

Summons of relatives, § 68-4-101.

41-21-222. Mental examination of persons eligible for release or parole.

The department of mental health and substance abuse services, as soon as it is properly staffed and equipped to examine all persons eligible for release or about to be paroled from the penal institutions of the state, upon the request of the commissioner of correction, shall examine all such persons with the view of determining whether the persons are mentally ill or have symptoms of mental illness and report its findings to the commissioner of correction.

Acts 1955, ch. 204, § 1; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 41-348; Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. 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.

41-21-223. Complaint for judicial commitment of person scheduled for release to hospital or treatment resource — Stay of release pending completion of hearing.

If the commissioner of correction determines from an examination that a person who is in the custody of the department of correction has a mental illness or serious emotional disturbance and because of the mental illness or serious emotional disturbance poses a substantial likelihood of serious harm, as defined in § 33-6-501, then the commissioner shall, no less than thirty (30) days before the person's scheduled release from a correctional facility, file a complaint with the clerk of the court that has jurisdiction under § 33-3-603 for the judicial commitment of the person to a hospital or treatment resource pursuant to title 33, chapter 6, part 5. The clerk shall serve to the person a copy of the complaint pursuant to § 33-3-605, and shall send a copy of the complaint to the district attorney general with jurisdiction in that district. A complaint filed under this section stays the release of the person pending completion of a hearing pursuant to title 33, chapter 3, part 6.

Acts 1955, ch. 204, § 2; impl. am. Acts 1955, ch. 102, § 1; 1977, ch. 387, § 1; T.C.A., § 41-349; Acts 2000, ch. 947, § 8C; 2019, ch. 504, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2019 amendment rewrote the section, which read: “If the director of an institution of the department of correction determines from an examination that any person is mentally ill and because of this illness possesses a likelihood of serious harm as defined in title 33, chapter 6, part 5, the director may, within one (1) month of the time for the release of that person, petition the chancery or circuit court in the county where the institution is located, or division II of probate court in any county having a probate court and having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, where the institution is located, for judicial commitment to a hospital or treatment resource pursuant to title 33, chapter 6, part 5.”

Effective Dates. Acts 2019, ch. 504, § 2. July 1, 2019.

41-21-224. Notice of release of inmate.

  1. Whenever any inmate is released by reason of the expiration of the inmate's term of imprisonment from the penitentiary, the warden shall immediately give written notice of the release to the sheriff of the county and the chief of police of the municipality to which the inmate will return and to the district attorney general of the judicial district to which the inmate will return.
  2. The notice shall clearly state:
    1. The name of the inmate;
    2. The offense for which the inmate was convicted;
    3. The date of the conviction;
    4. The date of the inmate's release; and
    5. When conviction is based on a morals charge, the nature of the charge.

Acts 1955, ch. 156, § 1; 1977, ch. 320, § 1; T.C.A., § 41-353; Acts 1988, ch. 999, § 2; 1999, ch. 392, §§ 1-3.

Cross-References. Notification to kidnapping hostages or victims of convict's release on parole or probation, §§ 40-11-106, 40-11-113, 40-28-107.

Roster of inmate release privileges, title 41, ch. 21, part 7.

Law Reviews.

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5, Tenn. B.J. 24 (1988).

41-21-225. Registration of parolees.

All persons released on parole shall immediately register in person or by the probation and parole officer with the sheriff of the county and the chief of police of the city to which the inmate is to be released.

Acts 1955, ch. 156, § 2; T.C.A., § 41-354; Acts 1998, ch. 1049, § 62.

Cross-References. Roster of inmate release privileges, title 41, ch. 21, part 7.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-226. Evaluation of inmates.

  1. Every inmate committed to a state penal institution shall be evaluated as to educational level and ability to learn. The report shall be made in writing by the diagnostic and classification center.
  2. It is the duty of the commissioner of correction or the commissioner's designee to establish policy and programs that will bring the communication skills of the inmates up to an acceptable level.
  3. The commissioner shall, at the commissioner's discretion, require all inmates to attend educational classes necessary to bring about the desired results.

Acts 1972, ch. 576, § 21; T.C.A., § 41-355.

Cross-References. Counselors of correctional institutions, qualifications, § 8-50-105.

41-21-227. Grant of furloughs to inmates.

  1. The department of correction is authorized and empowered to grant furloughs to the inmates in the adult correction institutions administered and operated by the department.
  2. Furloughs shall be granted under the rules and regulations prescribed and promulgated by the commissioner of correction or the commissioner's designated representative.
  3. All furloughs shall be made on an individual basis under reasonable conditions to inmates:
    1. In the event of serious illness or death of a member of the inmate's immediate family;
    2. Who have been recommended for parole by the parole board;
    3. Who have ninety (90) days remaining before release on mandatory parole; or
    4. Who have ninety (90) days remaining before release without parole.
    1. Furloughs will be for a maximum of three (3) days, except extensions may be authorized by the commissioner or the commissioner's designee when an inmate is unable to return within the specified time through no fault of the inmate or when an emergency exists.
    2. Inmates granted a furlough under subsections (b) through subdivision (d)(1) shall receive a maximum of three (3) nonconsecutive furloughs, and each furlough shall be authorized only for the purpose of securing employment and a place of residence upon release from confinement. Furloughs shall be made only to those inmates with a record of behavior and conduct as to be worthy of this privilege.
  4. Whenever a furlough is granted to an inmate under the authority of this section, the department shall notify the chief law enforcement officer of the county in which the inmate resides that the inmate has been granted a furlough.
  5. Furloughs may also be granted to inmates on the work release or educational release programs. These furloughs will be for a maximum of two (2) days and shall be granted under the rules and regulations prescribed and promulgated by the commissioner.
    1. Furloughs may also be granted to inmates who serve as inmate staff at state operated, minimum security correctional institutions that are primarily utilized to house inmates who participate in the work release restitutional release and educational release programs.
    2. The commissioner or the commissioner's designee shall prescribe and promulgate rules and regulations to establish guidelines for issuance of all furloughs authorized by subdivision (g)(1). These guidelines shall establish such limitations and conditions as may be necessary to ensure that issuance of the furloughs does not jeopardize the security of the citizenry or otherwise threaten community acceptance and support of the work release, restitutional release and educational release programs.
    1. The department is authorized and empowered to grant furloughs to female inmates for any period of up to six (6) months to permit the giving of birth and the bonding between mother and child. If the pregnancy occurs while the female inmate is incarcerated, she shall not be eligible for furlough. No furlough pursuant to this subdivision (h)(1) shall be granted without the advance consent of the sentencing judge or the judge's successor. Furthermore, no such furlough shall be granted where there is good reason to believe that the release of a designated inmate will present a serious threat to the safety of the public or of escape by the inmate. The term of the furlough shall not be credited against the sentence that the inmate was serving so as to reduce the length of the sentence. The department shall not be responsible for any expenses, medical or otherwise, incurred by the inmate while on furlough. Where the furlough is not being used for the purpose granted, it may be revoked upon the written order of the commissioner and the inmate may be retaken into custody.
    2. The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective.
    3. The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (h).
    1. Irrespective of any other restriction imposed by this section, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution in which the inmate is held, the commissioner may grant a furlough of indeterminate duration to eligible inmates.
      1. Subdivision (i)(1) applies only to:
        1. Inmates who, due to their medical condition, are in imminent peril of death; and
        2. Inmates who can no longer take care of themselves in a prison environment due to severe physical or psychological deterioration.
      2. This subdivision (i)(2) applies only to those inmates who can be released into the community without substantial risk that they will commit a crime while on furlough. The commissioner, in the commissioner's discretion, is empowered to make the release subject to any reasonable conditions.
    2. If, subsequent to the inmate's release, the inmate's condition improves so that the inmate is no longer in imminent peril of death or so that the inmate can adequately care for the inmate's own health in the prison environment, the inmate shall be returned, by order of the commissioner, to the institution from which the inmate was released. The inmate may be ordered to be returned to that institution if the inmate breaks any conditions of the furlough granted.
    3. The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective.
    4. The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (i).
  6. Furloughs for inmates who need to enter another state will be governed by the Tennessee Interstate Furlough Compact, compiled in chapter 23, part 2 of this title.
  7. Furloughs may also be granted to inmates assigned to a community service center and classified minimum trustee. These furloughs shall not exceed more than twelve (12) hours in duration nor shall any inmate be entitled to more than one (1) furlough under this subsection (k) each month.

Acts 1972, ch. 558, §§ 1-4; 1976, ch. 820, §§ 1-4; 1978, ch. 795, § 1; 1978, ch. 874, §§ 1, 2; 1979, ch. 186, §§ 1, 2; 1980, ch. 720, § 1; 1981, ch. 344, §§ 1-3, 5; T.C.A., § 41-356; Acts 1987, ch. 231, § 11; 1988, ch. 570, § 3; 1988, ch. 927, §§ 1, 2.

Cross-References. Furlough program, conditions for furlough, §§  41-2-142, 41-2-143.

Grant of furloughs to inmates, §  41-21-227.

Release eligibility status calculation, § 40-35-501.

Retaking of prisoners absconding from work release or violating furlough agreements, §  41-1-117.

Roster of inmate release privileges, title 41, ch. 21, part 7.

Work release programs, litter removal, § 41-2-149.

NOTES TO DECISIONS

1. Failure to Return.

Defendant who failed to return to work release center where he was serving time for felony conviction following a furlough was improperly sentenced to confinement in county workhouse for six months under reduced charge of escaping while serving a misdemeanor conviction by general sessions judge. Judge had only jurisdiction to hold a preliminary hearing to determine if there was probable cause to believe defendant guilty of charged offense and bind him over. Solomon v. State, 529 S.W.2d 743, 1975 Tenn. Crim. App. LEXIS 290 (Tenn. Crim. App. 1975).

2. Medical Care.

Absent request or requirement that prisoner waive his right to have the state of Tennessee provide him with medical care for injuries received while he was on furlough, the state had the obligation of providing reasonable medical care to prisoner in treatment of injuries he received while on furlough. Bryson v. State, 793 S.W.2d 252, 1990 Tenn. LEXIS 275 (Tenn. 1990).

A prisoner on a short furlough from a state institution remains in the custody of the state and is an inmate for the purpose of medical treatment. Bryson v. State, 793 S.W.2d 252, 1990 Tenn. LEXIS 275 (Tenn. 1990).

The state can limit its obligation to provide medical care to furloughed prisoners. Bryson v. State, 793 S.W.2d 252, 1990 Tenn. LEXIS 275 (Tenn. 1990).

41-21-228 — 41-21-233. [Repealed.]

Compiler's Notes. Former §§ 41-21-22841-21-233 (Acts 1972, ch. 705, § 1; 1980, ch. 805, §§ 1-4, 10; T.C.A., §§ 41-358 — 41-363; Acts 1983, ch. 400, §§ 6-8), concerning sentence credits, were repealed by Acts 1985 (1st Ex. Sess.), ch. 5, § 14, but the department of correction is authorized to continue their application pursuant to § 41-21-236(g).

Former §  41-21-228 read: “41-21-228. Inmate incentive program — Education and job performance credits. — (a) The commissioner of correction shall develop an inmate incentive program whereby credit may be given toward the reduction of time that an inmate is required to serve for the inmate’s participation in academic and vocational education classes sponsored by the department of correction and for above average performance in the inmate’s job placement, on the basis of a rating system devised by the commissioner.

“(b) Such reduction of sentence shall be in addition to the reduction authorized for good behavior by § 41-21-212, and the reduction authorized for honor time by § 41-21-214.

“(c) The program shall include procedures whereby credit shall be given on the basis of one (1) day of credit for each six (6) days of active participation in an academic or vocational education program or for each six (6) days in which the inmate has maintained a rating of above average performance in the inmate’s job placement.

“(d) Such credit shall apply during the first ten (10) years of an inmate’s term. During the eleventh and subsequent years of an inmate’s term, credit may be earned at the rate of two (2) days for each six (6) days of academic or vocational participation or above average job performance.

“(e) Credits earned shall be subject to the following limitations:

“(1) During the first year of the sentence, a maximum of thirty (30) days may be earned.

“(2) During the second year through the tenth year, a maximum of sixty (60) days a year may be earned.

“(3) During the eleventh and subsequent years, a maximum of ninety (90) days a year may be earned.

“(f) Credits earned under the program may be taken away in the same manner and for the same reasons as good and honor time may be taken away under the authority of § 41-21-215.”

Former §  41-21-229 read: “41-21-229. Good conduct sentence credits. — (a) Prisoners admitted after July 1, 1981, shall accrue good conduct time based upon their classification in the following manner:

“(1) Class I prisoner shall receive thirty (30) days credit for each month of the sentence served;

“(2) Class II prisoner shall receive twenty-two (22) days credit for each month of the sentence served;

“(3) Class III prisoner shall receive ten (10) days credit for each month of the sentence served; and

“(4) Class IV prisoner shall receive no credit on his sentence and shall serve his sentence day for day.

“Each prisoner shall be designated as a Class III prisoner for the first calendar year of his sentence commencing with his sentence effective date. In the second calendar year of a prisoner’s sentence, a prisoner shall be classified as a Class II prisoner. From the eleventh calendar year of a prisoner’s sentence through the remainder of his sentence, a prisoner shall be classified as a Class I prisoner. Provided, however, at the sole discretion of the commissioner, any inmate convicted of three (3) or more disciplinary offenses committed within a twelve (12) month period or convicted of any major infraction designated as a Class ‘A’ disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, may be designated as a Class IV prisoner for any portion of the remainder of the sentence imposed.

“(b) Good conduct credits shall not adhere to the sentence imposed, but must be earned by proper behavior. For each month of custody in which an inmate has not committed a disciplinary offense he shall earn a sentence credit accorded to his assigned class as specified in subsection (a). Good conduct credits can be taken away only for the commission of a disciplinary infraction.

“(c) The allowances which can be earned pursuant to this section may be referred to as good conduct sentence credits and shall affect parole eligibility and sentence expiration dates in the same manner as good and honor time credits affected such dates prior to July 1, 1981.

“(d) This section shall not apply to sentences imposed upon Class X offenders.

“(e) When, after a conviction, a person is transferred to the custody of the department from the custody of a local jurisdiction, he shall be given credit by the department for the maximum good conduct sentence credit which he could have earned on his state sentence while in the custody of the local jurisdiction, unless the department is advised by the local jurisdiction that the inmate has earned a lesser sentence credit.

“(f) The sentence credits which can be earned pursuant to this section shall be in addition to any other sentence credits authorized by law.”

Former § 41-21-230 read: “41-21-230. Prisoner performance sentence credits. — (a)(1) Those persons committed to the custody of the department of correction shall be assigned to work and/or educational and/or vocational training programs, when positions in such programs are available.

“(2) Each inmate who performs within a program shall earn time credits toward the sentence imposed, varying between one (1) day and fifteen (15) days a month in accordance with the criteria established by the department depending upon the program to which he is assigned. No prisoner shall have the right to participate in any particular program and may be transferred from one assignment to another without cause. Provided, however, after a prisoner is assigned to participate in a vocational or educational program such prisoner may not be transferred from such program until completion of such program except for cause.

“(3) Such sentence credits may not be earned for a period of less than one calendar month or for any month in which a prisoner commits a Class ’A’ disciplinary offense of which he is convicted.

“(4) A prisoner may be deprived of those sentence credits earned pursuant to this section only for the commission of any major infraction designated by the department as a Class ‘A’ disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment.

“(5) Further, the refusal of a prisoner to participate in an assigned work, education or vocational training program shall constitute a disciplinary offense for which the prisoner can be penalized by the loss of good conduct time.

“(b) The allowances which can be earned pursuant to this section shall be referred to as prisoner performance sentence credits and shall affect parole eligibility and sentence expiration dates in the same manner as incentive time credits affected such dates prior to September 1, 1980.

“(c) The sentence credits which can be earned pursuant to this section shall be in addition to any other sentence credits authorized by law.

“(d) This section shall not apply to sentences imposed upon Class X offenders.”

Former §  41-21-231 read: “41-21-231. Conversion system for credits earned before July 1, 1981. — On or before September 1, 1981, with regard to those persons sentenced to the department of correction upon the conviction of an offense committed prior to July 1, 1981, the department of correction shall convert from a system where time allowances for good conduct must be earned. The sentence credits to which such persons shall be entitled shall be computed as follows:

“(1) A determination shall be made as to that proportionate amount of good and honor time which adhered to the sentence(s) imposed which can be ascribed to the portion of the sentence(s) served by such persons as of July 1, 1981.

“(2) A determination shall be made as to the actual amount of good and honor time allowances which had been taken away from such persons for disciplinary offenses committed before July 1, 1981.

“(3) A determination shall be made as to the net amount of good conduct time earned by such persons between July 1, 1981 and September 1, 1981.

“(4) The figure derived by applying the procedures specified in subdivision (2) shall be subtracted from the figure derived by applying the procedures specified in subdivision (1). If the number derived by following this procedure is a positive figure, the person shall be credited with that amount of good conduct time plus that net figure derived by applying the procedures specified in subdivision (3). If the number derived by following this procedure is zero or a negative figure, the person shall be credited with zero days of good conduct time, plus that net figure derived by applying the procedures specified in subdivision (3).

“(5) After July 1, 1981, such persons shall be entitled to earn good conduct time in accordance with § 41-21-229, and no person thereafter shall be entitled to sentence credits pursuant to §§ 41-21-212 or 41-21-214.”

Former §  41-21-232 read: “41-21-232. Loss of sentence credits. — (a) Sentence credits earned pursuant to §§ 41-21-229 and 41-21-230 may only be taken away pursuant to an inmate’s conviction of a disciplinary offense by an institutional disciplinary committee for the reasons stated in the respective sections. Only those sentence credits actually earned by the inmate may be taken away. Those sentence credits may not be restored.

“(b) The sentence credits accorded to inmates pursuant to the conversion procedures set forth in § 41-21-231 shall be treated in the same manner as is provided in subsection (a).”

Former §  41-21-233 read: “41-21-233. Rules and regulations. — The department of correction shall adopt rules and regulations in accordance with the requirements of the Administrative Procedures Act, which designate the manner in which the sentence credit system established in §§ 41-21-229 and 41-21-230 shall be administered. The rules and regulations shall delineate the following:

“(1) The department’s disciplinary procedures;

“(2) The department’s guidelines for the taking away of good conduct and prisoner performance sentence credits;

“(3) The department’s guidelines for the placement of an inmate in Class IV status;

“(4) The effect of sentence credits upon the various types of sentences imposed; and

“(5) The criteria for the earning of prisoner performance credits.”

41-21-234. Uniforms of inmates.

  1. All inmates assigned to the custody of the department of correction shall be clothed in a uniform manufactured by TRICOR. The style and materials of the uniform shall be selected by the commissioner and shall be sufficient to distinguish the inmates from all other persons who are not assigned to the custody of the department. TRICOR shall operate programs within correctional facilities to manufacture this clothing.
    1. All inmates who are performing work or hard labor outside the confines of a correctional facility under guard or the direct supervision of a correctional employee shall be clothed in a uniform of peculiar style so as to clearly distinguish the inmates from other persons.
    2. As used in subdivision (b)(1), “uniform of peculiar style” includes, but is not limited to, a uniform comprised of a series of horizontal stripes.
  2. An inmate who receives the privilege of unsupervised release into the community in order to participate in a program of work release, educational release, restitutional release, prerelease, furlough or parole shall not be required to wear a department of correction inmate uniform during those periods when the inmate is participating in the program and is not on department property.

Acts 1984, ch. 982, § 1; 1986, ch. 513, § 1; 2003, ch. 187, § 2.

41-21-235. Sexual abuse treatment program for incarcerated sex offenders.

  1. The department of correction, in cooperation with the department of mental health and substance abuse services, shall develop a sexual abuse treatment program for sex offenders incarcerated after the program is instituted.
  2. Successful participation and completion of the treatment program shall be a consideration for parole from a correctional institution.

Acts 1985, ch. 478, § 35; 1998, ch. 970, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. 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.

Cross-References. Child sexual abuse, title 37, ch. 1, part 6.

Persons with severe impairments, title 33, ch. 6, part 3.

Post-plea treatment system for sexual offenders, victims and their families, § 33-6-805.

Probation, paroles and pardons, title 40, ch. 28.

41-21-236. Sentence reduction credits.

    1. Those persons committed to the custody of the department of correction shall be assigned to work, educational and/or vocational training programs when positions in those programs are available.
      1. Each inmate who exhibits good institutional behavior or who 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 the criteria established by the department.
        1. In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed.
        2. It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received.
        3. The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523.
        4. The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006.
        1. In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department.
        2. It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment.
        3. The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l).
        4. The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018.
      2. No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. This section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation.
    2. Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both.
    3. Sentence credits may not be awarded toward a period of less than one (1) calendar month or for any month in which an inmate commits a Class A disciplinary offense of which the inmate is found guilty. No sentence credits for good institutional behavior may be awarded for any month in which an inmate commits any disciplinary offense of which the inmate is found guilty.
    4. An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment.
    5. The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded.
    6. Sentence credits shall not be earned or credited to any inmates classified as maximum security or being held in punitive segregation.
  1. The allowances that can be awarded pursuant to this section shall be referred to as inmate sentence reduction credits and shall affect release eligibility and sentence expiration dates in the same manner as time credits affected parole eligibility and sentence expiration dates prior to September 1, 1980.
    1. Any provision of title 40, chapter 35 to the contrary notwithstanding, persons convicted under that chapter may be awarded sentence reduction credits as set forth in this section.
    2. Any provision of titles 39 and 40 to the contrary notwithstanding, all persons who commit Class X felonies on or after December 11, 1985, shall be eligible for the sentence reduction credits authorized by this section.
    3. Any person who committed a felony, including any Class X felony, prior to December 11, 1985, may become eligible for the sentence reduction credits authorized by this section by signing a waiver, in writing, of the right to serve the sentence under the law in effect at the time the crime was committed. However, sentence reduction credits authorized by this section may be awarded only for conduct or performance from and after the date a person becomes eligible under this subsection (c).
  2. Sentence reduction credits for good institutional behavior as authorized by this section shall likewise apply in accordance with the terms of this section, and under the criteria, rules and regulations established by the department, to all felony offenders serving sentences of one (1) or more years in local jails or workhouses and to all inmates serving time in county jails or workhouses because the inmate's commitment to the department has been delayed due to invocation of the governor's emergency overcrowding powers or through an injunction from a federal court restricting the intake of inmates into the department. When this section is applied to those offenders, references to “warden” in this part shall be deemed references to the superintendent or jailer, as appropriate. Such felony offenders shall not be eligible to receive any other sentence credits for good institutional behavior; provided, that, in addition to the sentence reduction credits for good institutional behavior as authorized by this section, such felony offenders may receive any credits for which they are eligible under chapter 2 of this title for work performed or satisfactory performance of job, educational or vocational programs.
    1. Sentence reduction credits for good institutional behavior as authorized by this section shall also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence. The total credit to which a convicted felon may be entitled shall be calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served.
    2. The sentence reduction credits authorized by subdivision (e)(1) shall be awarded at the rate of eight (8) days for each month served prior to imposition of sentence unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded to a particular felon, the superintendent or jailer shall provide written documentation to the department stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed in accordance with this subdivision (e)(2), the department shall adjust the number of sentence reduction credits awarded to conform to the number recommended in the superintendent's or jailer's written objection.
    3. Notwithstanding the fact that in the absence of an objection from the superintendent or jailer the sentence reduction credits authorized by this subsection (e) are awarded automatically, no convicted felon shall have a right to the credits nor shall the felon have a right to appeal the superintendent's or jailer's determination concerning the number of sentence reduction credits a particular felon should be awarded as set out in the superintendent's or jailer's written objection to the department.
    1. Except as provided in subdivision (f)(2), an inmate serving a misdemeanor sentence in a county jail, workhouse or other local facility who exhibits good institutional behavior or who exhibits satisfactory performance within a program shall be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as is provided in this section for inmates serving felony sentences.
    2. If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this section for felons, the inmate may elect to receive the sentence credits either under the system provided in this section for felons or under the system in effect at the local facility.
    3. In no event may an inmate receive credits cumulatively under both systems or receive credits at a rate that is less than that provided by this section for felons.
    4. In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that an inmate shall serve before release from confinement. After service of that percentage and allowance for credits authorized in this section, the defendant shall be released from confinement. The percentage shall be expressed as thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), eighty percent (80%), ninety percent (90%) or one hundred percent (100%). In no event shall the application of sentence credits result in more than a twenty-five percent (25%) reduction in the inmate's release percentage.
  3. The department is authorized to continue the application of the previously enacted sentence credit systems formerly codified in §§ 41-21-212 [repealed], 41-21-213 [repealed], 41-21-214 [repealed], 41-21-215 [repealed], 41-21-228 [repealed], 41-21-229 [repealed], 41-21-230 [repealed], 41-21-231 [repealed], 41-21-232 [repealed] and 41-21-233 [repealed], to any inmates to whom they currently apply and who do not sign written waivers as provided in subsection (c). Any sentence credits earned or awarded under previously enacted systems shall continue to remain in full force and effect unless and until they are taken away in accordance with the procedures established by the previously enacted systems.
  4. Nothing in this section shall operate to reduce the minimum sentence of a person convicted of the offense of driving under the influence of an intoxicant as prohibited by §§ 55-10-401 and 55-10-402.
  5. Notwithstanding any other law to the contrary, no sentence credits authorized by this section or any other law, nor a sentence contract authorized by §§ 40-28-115, 40-28-116, 40-34-103 and 40-35-501 or any other law, shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by any sentence credits, by more than thirty-five percent (35%). For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).
  6. As used in this section, “sentence credits” includes any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. This section shall not be applicable when the powers granted pursuant to this title are in effect to reduce prison overcrowding.

Acts 1985 (1st Ex. Sess.), ch. 5, §§ 12, 52; 1988, ch. 599, § 1; 1989, ch. 42, § 1; 1997, ch. 356, § 1; 2006, ch. 624, § 1; 2007, ch. 350, § 1; 2013, ch. 154, § 41; 2016, ch. 794, § 1; 2018, ch. 1040, § 11.

Compiler's Notes. The Sentencing Reform Act of 1989 in effect repealed the Class X Felonies Act of 1979.

Acts 1989, Ch. 42, § 2 provided that the amendment by that act applied to all persons incarcerated on March 28, 1989, while awaiting imposition of sentence.

Title 39, referred to in this section, was repealed and reenacted by Acts 1989, ch. 591.

The sections of title 41, ch. 21, referred to in this section, were repealed by Acts 1989, ch. 591.

The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation.

The former last sentence of (i), which read: “The sentencing commission shall review the effect of these provisions as part of its duties under law.”, was deleted by the code commission, since the sentencing commission terminated June 30, 1995.

According to State v. Palmer, 902 S.W.2d 391, subdivision (f)(4) directly conflicts with §§ 40-35-104, 40-35-117, and 40-35-302; and according to that case, a statute is implicitly repealed by a subsequent statute if the two statutes are in irreconcilable conflict.

Cross-References. Classification of felonies, § 40-35-110.

Attorney General Opinions. Sentence credits for inmates of county jails or workhouses, OAG 96-061, 1996 Tenn. AG LEXIS 68 (4/4/96).

Board of probation and parole has no authority to remove sentence credits earned in local jail or workhouse pursuant to T.C.A. §§ 41-2-123, 41-2-146, 41-2-147 or 41-21-236, OAG 05-031 (3/29/05) 2005 Tenn. AG LEXIS 31.

NOTES TO DECISIONS

1. Implied Repeal.

T.C.A. § 41-21-236(f)(4), pertaining to sentencing for misdemeanors, is repealed by implication by T.C.A. §§ 40-35-104 and 40-35-117, and has no further application to misdemeanor offender sentencing. State v. Palmer, 902 S.W.2d 391, 1995 Tenn. LEXIS 307 (Tenn. 1995).

2. Calculation of Credits.

An inmate was not entitled to earn credit against his parole eligibility date retroactively to the date of his incarceration, but could earn credit only from the date of signing a waiver pursuant to T.C.A. § 41-21-236. Henderson v. Lutche, 938 S.W.2d 428, 1996 Tenn. App. LEXIS 571 (Tenn. Ct. App. 1996).

3. Disciplinary or Classification Decisions.

Because T.C.A. § 41-21-236(a)(2) does not create a right to earn credits, there is no right to due process in connection with disciplinary or classification decisions that have such an uncertain effect on a particular inmate's release. Drummer v. Luttrell, 75 F. Supp. 2d 796, 1999 U.S. Dist. LEXIS 18189 (W.D. Tenn. 1999), aff'd without opinion, 234 F.3d 1268, 2000 U.S. App. LEXIS 35191 (6th Cir. Tenn. 2000), aff'd, — F.3d —, — FED App. (6th Cir.) —, 2000 U.S. App. LEXIS 28005 (6th Cir. Tenn. Nov. 1, 2000).

4. Parole.

Where defendant should have been sentenced according to the Class X Felonies Act of 1979 for aggravated kidnapping, the sentence imposed was void and the defendant was eligible to receive credits pursuant to T.C.A. § 41-21-236(c)(3). Dixon v. Holland, 70 S.W.3d 33, 2002 Tenn. LEXIS 143 (Tenn. 2002), superseded by statute as stated in, Frazier v. State, — S.W.3d —, 2008 Tenn. Crim. App. LEXIS 810 (Tenn. Crim. App. Sept. 3, 2008).

Supreme court granted inmate's petition for writ of habeas corpus because the inmate's sentence was illegal and void; the inmate entered a guilty plea to child rape, and he could not be granted early release; the sentence was required to be served day by day. Smith v. Lewis, 202 S.W.3d 124, 2006 Tenn. LEXIS 837 (Tenn. 2006).

5. Jail Credit.

Claims for post-judgment jail credit were not cognizable habeas corpus claims because the proper avenue to address post-judgment jail credit for prisoners was through the Tennessee Department of Correction (TDOC) administratively; under the Sentencing Act, T.C.A. § 40-35-501(c) and T.C.A. §§ 40-23-113 and 41-21-236, the TDOC had authority over its prisoners regardless of whether they were housed in a local detention facility, including the authority to compute and apply post-judgment jail credit. Yates v. Parker, 371 S.W.3d 152, 2012 Tenn. Crim. App. LEXIS 29 (Tenn. Crim. App. Jan. 13, 2012), appeal denied, — S.W.3d —, 2012 Tenn. LEXIS 242 (Tenn. Apr. 12, 2012).

41-21-237. Charges assessed against inmates for services provided by state.

  1. The commissioner of correction is authorized to assess nonindigent inmates reasonable charges for the housing, board, health care, education, vocational training and treatment services provided to them by this state. The inmate shall be notified of the amount of any assessment.
  2. The charges assessed against an inmate pursuant to subsection (a) may be deducted directly from the inmate's institutional trust fund account without the inmate's consent; provided, that the inmate is notified of the amount so deducted and the charges to which it has been applied.
  3. The commissioner shall, on a quarterly basis, provide each inmate with a statement detailing all deposits into, withdrawals from and balance remaining in the inmate's institutional trust fund account during the preceding three (3) months.

Acts 1992, ch. 1022, § 4.

41-21-238. Educational and vocational training plan — Documentation.

  1. In addition to the education plan authorized by § 41-21-509, the commissioner of education, with the assistance of the commissioner of correction and a representative from the board of regents and the University of Tennessee system, shall by January 1, 1995, formulate a plan to increase the educational and vocational opportunities currently available to inmates in the custody of the department of correction. This plan shall emphasize basic educational skills such as reading and writing, but shall also include possible use of existing community colleges and vocational schools for inmates who are acceptable security risks and are in need of a marketable free-work skill that cannot be obtained within the confines of a correctional institution.
  2. Upon implementation of the plan, the commissioner of correction, with the assistance of the board of parole, shall monitor and document the effectiveness of the plan. Documentation shall include:
    1. The number of inmates who participate;
    2. The amount of improvement in educational or vocational skills achieved by the participating inmates;
    3. The percentage of participating inmates able to obtain employment upon their release from custody; and
    4. The recidivism rate of inmates who participated in the plan.
  3. The results of the monitoring of the plan, as well as any recommendations for improving the plan, shall, on an annual basis, be submitted to the state and local government and education committees of the senate, the education committee of the house of representatives, and the committee of the house of representatives having oversight over corrections for review.

Acts 1994, ch. 730, § 1; 1998, ch. 1049, § 63; 2011, ch. 410, § 2(d), (e); 2013, ch. 236, § 64; 2015, ch. 182, § 6; 2019, ch. 345, § 65.

Code Commission Notes.

The former last sentence in subsection (b), regarding the initial date by which legislation should be submitted to the committees to fund and make the plan operational, was deleted as obsolete by the code commission in 2006.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in subsection (b), are deemed references to the board of parole.

Amendments. The 2019 amendment, in (c), substituted “the state and local government and education committees of the senate, the education committee of the house of representatives, and the committee of the house of representatives having oversight over corrections” for “the state and local government committee of the senate, the state government committee of the house of representatives, the education committee of the senate and the education administration and planning committee of the house of representatives”.

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

Cross-References. Parole determinations, § 40-35-503.

41-21-239. Work release or furlough of dangerous inmates — Notice to law enforcement officials.

If a person under the custody of the department of correction has been convicted of a homicide offense or aggravated rape or rape, the commissioner shall notify the appropriate chief of police or sheriff when the person is released from custody on work release or furlough or is otherwise allowed to leave the grounds of the penitentiary and work in the community, whether or not the work is supervised or unsupervised. The chief of police or sheriff, or both if the political subdivision to which the person is released has both officials, shall be notified at least five (5) days prior to the date the person will be released or allowed to leave the grounds of the penitentiary to work in the community. The notice shall contain:

  1. The name of the inmate;
  2. The nature of the crime the inmate committed;
  3. The name of the company and address of the site where the inmate will be working, excluding those working on highway crews;
  4. The address where the inmate will be staying on furlough; and
  5. The length of the furlough.

Acts 1994, ch. 865, § 1.

41-21-240. Notification to victims of inmate's release.

  1. At least ninety (90) days prior to the date an inmate serving a felony sentence of two (2) or more years in a facility operated by or under contract with the department of correction is scheduled to be released by reason of expiration of that inmate's sentence, any victim or victim's representative who complies with subsection (b) shall be given notice by the department of the tentative date of the inmate's scheduled release and that the date is subject to change as a result of the award or loss of sentence credits and other factors. The notice required by this section shall be in writing, unless the victim or victim's representative is registered with the state's electronic victim notification system, in which case the notice shall be communicated to the victim or victim's representative by the method or methods indicated by the registration in the system. The department's responsibility to provide this notice at least ninety (90) days prior to the tentative date of the inmate's scheduled release upon expiration is contingent upon the department's receipt of all relevant sentencing information within that time period.
  2. In order for a victim or victim's representative to be notified as provided in subsection (a), the victim or victim's representative must either send the department a written statement requesting notification and providing the address at which notification is to be made or register with the state's electronic victim notification system and specify the method or methods available within the system for communication of the notice. At any time a victim or victim's representative may withdraw a request for notification by sending the department a written notarized statement that the request for notification is withdrawn or, if the victim or victim's representative is registered with the state's electronic victim notification system, by cancelling that registration in the system.
  3. Pursuant to subsection (b), the notification required by subsection (a) shall be sent to the address provided by the victim or victim's representative if the notification is requested by written statement, or shall be communicated to the victim or victim's representative by the method or methods indicated by the registration in the state's electronic victim notification system if the victim or victim's representative is registered with that system. It is the responsibility of the victim or the victim's representative to provide the department with a current mailing address or other means of communication indicated in the electronic victim notification system registration.
    1. Any identifying information concerning a crime victim or a crime victim's representative who has been notified or requested that notification be provided to the victim or the victim's representative pursuant to this section shall be confidential.
    2. For purposes of subdivision (d)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.

Acts 1996, ch. 709, § 1; 2009, ch. 176, § 3; 2018, ch. 598, §§ 4-6.

Compiler's Notes. Acts 1996, ch. 709, § 3 provided that this section shall apply to all requests for notification made on or after July 1, 1996.

Cross-References. Confidentiality of public records, § 10-7-504.

41-21-241. [Transferred.]

Compiler's Notes. Former § 41-21-241 (Acts 1997, ch. 388, § 1), concerning sexual contact with inmates, was transferred to § 39-16-408 in 2006.

41-21-242. Notice of release of certain felons from correctional facilities.

  1. The department of correction shall provide or contract with a private entity to provide, to members of the public who have made a notification request, notification of the release of an inmate serving a felony sentence of two (2) or more years from a facility operated by or under contract with the department or from a county jail or workhouse. The jailer or chief administrator, or a person designated by the jailer or chief administrator, of a county jail or workhouse shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department or the private entity under contract with the department shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department.
  2. The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
    1. Any identifying information concerning a person who has received notification pursuant to this section shall be confidential.
    2. For purposes of subdivision (c)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.

Acts 1998, ch. 968, § 1; 2009, ch. 176, § 4.

Cross-References. Confidentiality of public records, § 10-7-504.

Notice of release of certain juvenile offenders, § 37-5-123.

41-21-243. Family Visitation and Crime Reduction Act.

  1. This section shall be known and may be cited as the “Family Visitation and Crime Reduction Act.”
  2. The general assembly finds that maintaining an inmate's family and community relationships is an important correctional resource that can improve an inmate's behavior in the correctional facility, and upon an inmate's release from a correctional facility, assist in reducing recidivism.
  3. The department shall maintain a visitation program. Policies may include a system for prior approval of visitors and restrictions on visitation deemed appropriate by the commissioner. Each state institution shall have an area designated for visitation. The commissioner of correction shall have the authority to suspend visitation in the event of emergency circumstances as defined in department of correction policies.
  4. The department of correction shall provide, at designated visitation areas for approved visitors in each state correctional facility, information relating to applicable visiting regulations, dress codes and visiting procedures. Visitors not complying with applicable visiting regulations, dress codes and visiting procedures may be denied the privilege to visit in accordance with department policy.
  5. Correctional officers assigned to visitation areas shall receive training on effective communication with family members and children of inmates, for the purpose of improving the quality of family visitation.
  6. The department of correction is encouraged to provide an area for child visitors.
  7. The department of correction shall report at least annually to the state and local government committee of the senate and committee of the house of representatives having oversight over corrections concerning the department's progress on implementing procedures and services that enhance, improve and encourage visitation.

Acts 2002, ch. 725, § 1; 2011, ch. 410, § 2(f); 2013, ch. 236, § 64; 2019, ch. 345, § 66.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (g).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-21-244. Study and audit of number of incarcerated nonviolent offenders who have not been convicted.

The comptroller of the treasury is urged to study and audit the department of correction concerning the number of nonviolent offenders incarcerated in correctional institutions of the department of correction who have been incarcerated for offenses for which they have not been convicted. The general assembly requests that, if any such study and audit are undertaken, the comptroller of the treasury report to the state and local government committee of the senate and the state government committee of the house of representatives concerning such study and audit on or before the date of the submission of the next regularly scheduled audit of the department of correction.

Acts 2010, ch. 823, § 1; 2011, ch. 410, § 2(g); 2013, ch. 236, § 64.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Part 3
Service of Process on and Testimony of Inmates

41-21-301. Process in civil actions.

Process in a civil action against an inmate in the penitentiary may be served by the proper officer, in the presence of the warden or the assistant warden, and returned as in other cases.

Code 1858, § 5549; Shan., § 7571; Code 1932, § 12169; T.C.A. (orig. ed.), § 41-601.

Cross-References. Bills in chancery, process, title 21, ch. 1, part 2.

Civil procedure, process, title 20, ch. 2.

Service of process, courts of general sessions, title 16, ch. 15, part 9.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-302. Right to counsel.

If a bill or petition is filed against an inmate in any court having jurisdiction, or any interrogatories propounded to the inmate as a party to the suit, that require to be answered, the inmate may be allowed the aid of counsel to prepare an answer.

Code 1858, § 5550; Shan., § 7572; Code 1932, § 12170; T.C.A. (orig. ed.), § 41-602.

41-21-303. Return on failure to answer.

If the inmate declines to answer the bill, petition or interrogatories after they have been read over and explained by the officer executing them, in the presence of the warden or the assistant warden, the officer may make the return accordingly, whereupon the bill, petition or interrogatories, so far as the inmate is concerned, shall be taken for confessed as true and proceedings had as usual in such cases.

Code 1858, § 5551; Shan., § 7573; Code 1932, § 12171; T.C.A. (orig. ed.), § 41-603.

41-21-304. Depositions.

  1. In no civil case can an inmate be removed from the penitentiary to give personal attendance at court, but testimony may be taken by deposition, as in other cases, the party seeking the testimony being required to make affidavit that the inmate is a material witness in the cause.
  2. The defendant in a state prosecution may, in like manner, take the testimony of a inmate in the defendant's behalf, notice being given to the district attorney general of the time of taking the deposition.

Code 1858, §§ 5552, 5553 (deriv. Acts 1829, ch. 38, § 33); Shan., §§ 7574, 7575; Code 1932, §§ 12172, 12173; modified; T.C.A. (orig. ed.), §§ 41-604, 41-605.

NOTES TO DECISIONS

1. Attendance of Prisoner.

Despite the absolute language of T.C.A. § 41-21-304, relevant case law supports the proposition that the constitutional rights to due process and reasonable access to the courts may sometimes require that a party litigant be personally present in court, even if the litigant is incarcerated. Knight v. Knight, 11 S.W.3d 898, 1999 Tenn. App. LEXIS 279 (Tenn. Ct. App. Apr. 21, 1999).

The question of whether to permit a prisoner/litigant in a civil suit to be physically present is within the trial court's sound discretion. Knight v. Knight, 11 S.W.3d 898, 1999 Tenn. App. LEXIS 279 (Tenn. Ct. App. Apr. 21, 1999).

41-21-305. Writ for appearance to testify in criminal case.

Whenever the presiding judge of any court has reason to believe that the evidence of an inmate is necessary in any criminal proceedings and that other evidence cannot be obtained on behalf of the state or of the defendant, the presiding judge shall order a writ to be issued directing the warden of the penitentiary to bring the body of the inmate before the court, on a day to be named in the writ, to give testimony for the state or for the defendant in such case.

Code 1858, § 5554; Shan., § 7576; Code 1932, § 12174; Acts 1965, ch. 81, § 1; T.C.A. (orig. ed.), § 41-606.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

41-21-306. Warden's duty to produce witness.

It is the duty of the warden, upon the service of the writ provided for in § 41-21-305, to have the inmate before the court on the day specified, for which purpose the warden may employ a trustworthy deputy and a sufficient guard, who are entitled to the same compensation for each day's travel and attendance on court as is allowed sheriffs and guards for the removal of inmates to the penitentiary.

Code 1858, § 5555; Shan., § 7577; Code 1932, § 12175; T.C.A. (orig. ed.), § 41-607.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

41-21-307. Warden's powers in removing inmates to and from court.

The warden of the penitentiary, in removing inmates to and from the penitentiary under an order of court, has the same power as the sheriff in removing inmates to the penitentiary.

Code 1858, § 5548; Shan., § 7570; mod. Code 1932, § 12168; T.C.A. (orig. ed.), § 41-608.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

Sheriff's powers on removal, §§ 40-23-10840-23-110.

41-21-308. Keeping prisoner in jail en route.

The sheriff or jailer of the county in which the court is held, or of any county through which the inmate is required to pass, shall receive and safely keep the inmate in the county jail, during travel and attendance, if required to do so by the persons in charge of the inmate, for which they shall be allowed the legal charge for keeping inmates.

Code 1858, § 5556; Shan., § 7578; Code 1932, § 12176; T.C.A. (orig. ed.), § 41-609.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

41-21-309. Return to penitentiary after testifying.

When an inmate has testified, the deputy and guard shall return the inmate to the penitentiary with all convenient speed.

Code 1858, § 5557; Shan., § 7579; Code 1932, § 12177; T.C.A. (orig. ed.), § 41-610.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

41-21-310. Liability for escape en route.

The inmate, deputy and guard, in going from and to the penitentiary, and while remaining at the court, are respectively liable for an escape or attempt to escape under part 4 of this chapter, §§ 39-12-103, 39-13-304, 39-16-201, 39-16-402, 39-16-403, and title 39, chapter 16, part 6, in the same manner as they would have been if the inmate were in the penitentiary under their custody.

Code 1858, § 5558; Shan., § 7580; Code 1932, § 12178; T.C.A. (orig. ed.), § 41-611; Acts 1996, ch. 675, § 41.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

Part 4
Punishment of Inmates

41-21-401. Defense against violence or attempt to escape.

When personal violence is offered by a inmate to an officer, employee or to another inmate, or when an attempt is made to escape, or to do injury to the building, or any material, implements, etc., those officers and employees are authorized to use all necessary means of defense and to secure the person of the offender.

Code 1858, § 5523 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7542; Code 1932, § 12140; T.C.A. (orig. ed.), § 41-706.

41-21-402. Solitary confinement.

  1. Any inmate who neglects or refuses to perform the labor assigned, willfully injures any of the materials, implements or tools, engages in conversation with any other inmate or in any other manner violates any of the regulations of the penitentiary, may be punished by solitary confinement for a period not exceeding thirty (30) days for each offense, at the discretion of the warden or the person acting in the warden's place.
  2. Every inmate punished by solitary confinement shall be shut up in a cell and fed with bread and water only during solitary confinement, unless the physician certifies to the warden that the health of the inmate requires other diet.

Code 1858, §§ 5518, 5519 (deriv. Acts 1829, ch. 38, § 25); Shan., §§ 7537, 7538; Code 1932, §§ 12136, 12137; T.C.A. (orig. ed.), §§ 41-707, 41-719.

Law Reviews.

Administrative Decisions in Prisons: Are Prisoners Entitled to Procedural Due Process? (Lee Freudberg), 2 Mem. St. U.L. Rev. 85 (1972).

NOTES TO DECISIONS

1. Constitutionality.

Confinement of prisoner in “dry cell” under conditions of harshness and cruelty, is a violation of the eighth amendment of the United States Constitution. Hancock v. Avery, 301 F. Supp. 786, 1969 U.S. Dist. LEXIS 9971 (M.D. Tenn. 1969).

41-21-403. Report of inmates in solitary.

It is the duty of the warden to report immediately to the commissioner of correction the name of each person committed to solitary confinement, with a statement of the nature of the person's offense, the date of confinement and the period for which committed, which report shall be filed and recorded.

Code 1858, § 5521 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7540; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12139; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-720.

41-21-404. Unauthorized means of punishment.

No inmate shall be punished in any other way than is provided in this title, except by the authority of the commissioner of correction.

Code 1858, § 5520; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7539; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12138; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-721.

NOTES TO DECISIONS

1. Board Must Authorize Punishment.

The warden of the penitentiary has no power to inflict corporal punishment unless the board of inspectors in its discretion authorizes such punishment in each particular case. Boone v. State, 76 Tenn. 739, 1882 Tenn. LEXIS 3 (1882).

41-21-405. Self-inflicted wounds by inmate to escape labor — Punishment.

If any person confined in the penitentiary, in a county workhouse, a city or county jail or any other penal institution, upon any charge of or conviction of any criminal offense, by any means or method willfully inflicts any wound upon such inmate's own person for the purpose of or with the effect of rendering the inmate unfit for or incapable of performing any labor assigned, the inmate may be confined in solitary confinement or subject to such other punishment, not inconsistent with humanity, as may be deemed necessary by the warden, sheriff or commissioners for the government and control of the inmates. Inmates who are placed in solitary confinement or who are hospitalized as a result of any self-inflicted wounds shall receive no credit for the time so spent.

Acts 1959, ch. 76, § 1; T.C.A., § 41-723.

Law Reviews.

Criminal Law and Procedure — 1959 Tennessee Survey (Robert E. Kendrick), 12 Vand. L. Rev. 1131 (1959).

41-21-406. Inmates as witnesses against each other.

The inmates in the penitentiary shall be competent witnesses against each other in all prosecutions under §§ 39-12-101, 39-13-304, 39-16-201, 39-16-402, 39-16-403, 39-16-60539-16-607, 39-17-302, 39-17-303, chapter 1, part 1 of this title, parts 1-4 of this chapter and chapter 22, parts 1 and 2 of this title.

Code 1858, § 5559 (deriv. Acts 1829, ch. 38, § 32); Shan., § 7581; Code 1932, § 12179; T.C.A. (orig. ed.), § 41-717; Acts 1996, ch. 675, § 42.

Cross-References. Federal prisoner as witness in state criminal proceedings, § 40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, § 40-17-211.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 7.

Law Reviews.

Infamy as Ground of Disqualification in Tennessee, 22 Tenn. L. Rev. 554 (1953).

NOTES TO DECISIONS

1. Not Applicable to Workhouse Prisoners.

Prisoners in county workhouse who had been convicted of infamous crimes were not competent to testify in trial of defendant, a fellow prisoner, by virtue of this section, as prisoners were not confined to penitentiary. Hambrick v. State, 181 Tenn. 544, 181 S.W.2d 957, 1944 Tenn. LEXIS 275 (1944), cert. denied, Hambrick v. Tennessee, 323 U.S. 787, 65 S. Ct. 277, 89 L. Ed. 628, 1944 U.S. LEXIS 41 (1944).

41-21-407. Evidence of former convictions.

Upon the trial, copies of the records transmitted to the warden of the penitentiary relative to the former trial of inmates, shall be presumptive evidence of the former conviction.

Code 1858, § 5538 (deriv. Acts 1829, ch. 38, § 30); Shan., § 7557; Code 1932, § 12156; T.C.A. (orig. ed.), § 41-718.

NOTES TO DECISIONS

1. Error in Recordation.

Where judgment in rape case was not entered on court's minutes, and defendant escaped from prison before the error was corrected, invalidity of judgment did not negate subsequent conviction for escape, since it did not change lawful nature of custody, as evidenced by court's transfer order, from which defendant escaped. Chisom v. State, 539 S.W.2d 831, 1976 Tenn. Crim. App. LEXIS 386 (Tenn. Crim. App. 1976).

2. Alternative Methods.

Alternative method of evidencing former convictions provided in this section does not detract from the authority of court minutes to show underlying judgment and sentence in prosecution for escape. Ray v. State, 577 S.W.2d 681, 1978 Tenn. Crim. App. LEXIS 280 (Tenn. Crim. App. 1978).

41-21-408. Reports of violence within correctional facilities.

    1. The warden or chief administrative officer of each correctional facility owned or operated by the department of correction shall forward a report detailing all acts of violence committed by or against any guard, employee or inmate in the facility to the district attorney general of the judicial district in which the violent act occurred.
    2. The report shall include, as to each act of violence, a copy of any internal investigation report prepared, the results of any disciplinary committee hearing and any disciplinary action taken concerning the act of violence.
  1. If the release of the information would endanger or compromise the security of any inmate or the security of the institution, the warden or chief administrative officer shall have the discretion to classify the information and maintain the confidentiality of the information.

Acts 1982, ch. 659, § 1; T.C.A., § 41-728.

Cross-References. Confidentiality of public records, § 10-7-504.

Part 5
Prisoner Rehabilitation Act of 1970

41-21-501. Short title.

This part shall be known and may be cited as the “Prisoner Rehabilitation Act of 1970.”

Acts 1970, ch. 471, § 1; T.C.A., § 41-1801.

Cross-References. Report of confinement of first offenders, § 41-21-106.

NOTES TO DECISIONS

1. Purpose of Part.

This part was not intended to create legally enforceable rights; it leaves to department of correction's discretion the implementation and programming details necessary to achieve the legislative purpose. Grubbs v. Bradley, 552 F. Supp. 1052, 1982 U.S. Dist. LEXIS 16298 (M.D. Tenn. 1982).

41-21-502. Part definitions.

  1. As used in this part:
    1. “First term inmate” means a state inmate without a prior record of thirty (30) days or more detention upon conviction for a felonious crime at a federal, state or local penal facility in the United States; and
    2. “Second term inmate” means a state inmate with a prior record of thirty (30) days or more with one (1) previous conviction for a felonious crime at a federal, state or local penal facility in the United States.
  2. Previous confinements for misdemeanors shall have no bearing on inmates' qualifications as first term inmates and second term inmates for the purposes of this chapter.

Acts 1970, ch. 471, § 2; 1972, ch. 538, § 1; T.C.A., § 41-1802.

Cross-References. Report of confinement of first offenders, § 41-21-106.

41-21-503. Division of rehabilitative services — Director.

  1. There is created a division of rehabilitative services to be administered by a director acting under the supervision of the commissioner of correction.
  2. The director of rehabilitative services shall be appointed by the commissioner with the approval of the governor and shall be qualified to carry out a comprehensive program of rehabilitative treatment for certain first term inmates and, within the discretion of the commissioner or the commissioner's designated representative, certain second term inmates.

Acts 1970, ch. 471, § 3; 1972, ch. 538, § 2; T.C.A., § 41-1803.

41-21-504. Duties of director.

  1. The director of rehabilitative services, under the supervision and authority of the commissioner of correction, shall formulate an overall plan for the rehabilitation of first term inmates and second term inmates considered corrigible and shall coordinate individual rehabilitative programs conducted by a staff of counselors appointed to carry out the plan. The various methods of rehabilitation shall include, but not be limited to:
    1. Proper classification of inmates as to attitude and morale;
    2. Potentials and work skill improvements during periods of confinement;
    3. Adequate work training and vocational-technical programs designed to improve employment potentials;
    4. Moral upgrading programs;
    5. Formal education classes;
    6. Self-help courses;
    7. Religious instruction;
    8. Legal advice; and
    9. Employment aid to include a work release program for certain first term inmates and second term inmates.
  2. The director, with the approval of the commissioner, shall prepare and issue appropriate rules and regulations governing the rehabilitation program and shall coordinate all activities with wardens' offices to assure that prison security is not compromised by the program. The director shall maintain complete records and submit quarterly progress reports to the commissioner.
  3. The director, under the supervision and authority of the commissioner, has the authority to establish special alternative incarceration sites for the domicile of first term inmates and second term inmates considered eligible for rehabilitative programs under this part.

Acts 1970, ch. 471, § 4; 1972, ch. 538, § 3; T.C.A., § 41-1804; Acts 1988, ch. 994, § 1.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-505. Selection of counselors.

  1. The director of rehabilitative services, with the approval of the commissioner of correction, shall select a staff of counselors to take charge of the activities of corrigible first term inmates and second term inmates.
  2. It is the duty of the counselors, among other requirements, to report to the director, who in turn shall report to the commissioner, and the counselors shall perform such other duties as prescribed in applicable rules and regulations promulgated by the director.

Acts 1970, ch. 471, § 5; 1972, ch. 538, § 4; T.C.A., § 41-1805.

41-21-506. Counselors — Qualifications.

    1. Persons selected as counselors shall be between twenty-five (25) years and fifty (50) years of age at the time of employment, hold bachelor degrees or the equivalent in psychology, sociology or other related fields and be fitted physically, mentally and morally to assume the duties of the positions.
    2. Counselors shall be selected because of strong qualifications as to character, ability and training, and primarily with regard to their capacity for influencing human behavior. They shall be persons likely to exercise firm and helpful influences on persons placed in their charge.
  1. No person shall be selected for the position of counselor before completing the appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. In addition, as a condition of employment, a person may be required to complete periodic refresher courses as may be prescribed by the board of control of the institute.

Acts 1970, ch. 471, § 6; 1975, ch. 211, § 1; T.C.A., § 41-1806.

41-21-507. Duties of counselors.

  1. The duties of the counselors are to program, supervise and observe the activities of first term inmates and second term inmates assigned to their care.
  2. Normal caseloads shall be limited to twenty-five (25) inmates per counselor. Larger caseloads shall be permitted at the discretion of the commissioner of correction when sufficient numbers of qualified counselors are not available to meet the assignment limitation.
  3. Grievances of inmates shall be referred to the director of rehabilitative services for appropriate action.
  4. Counselors may recommend the alteration of an individual program plan, request that the supervision of an assigned inmate be transferred to another counselor or request that an inmate be released from a particular program. Recommendations or requests shall require the approval of the director before becoming effective.

Acts 1970, ch. 471, § 7; 1972, ch. 538, § 5; T.C.A., § 41-1807.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Prisons and Prisoners, § 2.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

NOTES TO DECISIONS

1. Purpose of Section.

This section was not intended to create legally enforceable rights; it leaves to department of correction's discretion the implementation and programming details necessary to achieve the legislative purpose. Grubbs v. Bradley, 552 F. Supp. 1052, 1982 U.S. Dist. LEXIS 16298 (M.D. Tenn. 1982).

41-21-508. Compensation of director, counselors and staff members.

The director, counselors and other staff members assigned the division shall have their compensation, if any, set in accordance with appropriate statutes dealing with the compensation of state employees.

Acts 1970, ch. 471, § 8; T.C.A., § 41-1808.

41-21-509. Participation in educational programs for inmates.

  1. The division has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during the necessary hours to participate in educational classes and technical-vocational training within the state. The department of education shall develop suitable courses based on employment demands, and first term inmates and second term inmates who have demonstrated efforts at self improvement shall be encouraged to enroll in the training classes. Prospective employers also shall be encouraged to assist in the planning and supervision of various phases of job training programs.
  2. The scholastic release plan for individual first term inmates and second term inmates shall be subject to constant review by the director and may be terminated at any time with or without notice to the inmate. Infractions of rules or abuse of privileges shall not be tolerated.

Acts 1970, ch. 471, § 9; 1972, ch. 538, § 6; T.C.A., § 41-1809.

Cross-References. Special school district of penal and reformatory institutions, § 4-6-143.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-510. Work release programs — Domicile of inmates.

  1. The division also has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during necessary and reasonable hours to engage in approved work, conduct their own businesses or practice legitimate self-employed occupations, provided places of employment are located in the state. Other first term inmates and second term inmates may be released during appropriate times to seek employment in the state during or following terms of imprisonment.
    1. First term inmates and second term inmates assigned to work release programs may be domiciled in local or county detention facilities in any area of the state or at other supervised confinement facilities approved for the purpose by the department of correction; provided, that appropriate authorities of those facilities have agreed to board subject inmates in accordance with directives established by the division. Fees for boarding inmates shall be in accordance with mutual agreements between local and county authorities and the department, but in no case shall exceed a per prisoner rate of five dollars ($5.00) a day.
    2. First term inmates and second term inmates assigned to work release programs may be domiciled in the special alternative incarceration sites established pursuant to this part. Every inmate domiciled at such site shall be liable for reasonable charges for board as fixed by the commissioner of correction.
  2. First term inmates assigned to the work release programs may be domiciled in private treatment facilities accredited by the American Correction Association in any area of the state that meets the approval of the commissioner; provided, that the appropriate authorities of those facilities have agreed to board the inmates in accordance with the directives established by the division. Fees for boarding inmates shall be in accordance with written agreements between appropriate officials of the private treatment facilities and the department of correction, but in no case shall fees exceed a per inmate rate of sixteen dollars ($16.00) per day, exclusive of any additional fees that may be agreed upon by the inmate and the private treatment facilities.
  3. Orders for work release programs may be rescinded or modified at any time with or without notice to concerned inmates. Infractions of rules or abuse of privileges shall not be tolerated.

Acts 1970, ch. 471, § 10; 1972, ch. 538, § 7; 1982, ch. 787, § 1; T.C.A., § 41-1810; Acts 1988, ch. 994, § 2.

Cross-References. Community work projects for probationers, title 41, ch. 9.

Roster of inmate release privileges, title 41, ch. 21, part 7.

41-21-511. Earnings of inmates deposited in trust accounts — Establishment and payment of daily room and board rate.

  1. When inmates are employed for wages or salaries, the division shall collect or require inmates to turn over wages and salaries when received, and the director shall assure the moneys are deposited in trust accounts and that ledgers are maintained reflecting the status of individual accounts. Each inmate gainfully or self-employed shall be liable for reasonable charges for board as fixed by the commissioner of correction. If necessarily absent from correctional institutions at meal times, the inmate shall, at the inmate's own request, be furnished with adequate meals to carry to work and the inmate's account shall be charged for those meals. If an inmate defaults in the payment of board by neglecting to turn over wages or salary, the inmate's release privileges as provided by this chapter shall automatically be terminated.
    1. Notwithstanding § 41-21-510 or any other law to the contrary, as a condition precedent to being placed on a work release program, an inmate placed on any work release program shall agree to pay to the appropriate governmental body a daily room and board rate per inmate in an amount not less than five dollars ($5.00) nor more than twelve dollars and fifty cents ($12.50) of the inmate's take-home pay as provided in this chapter.
    2. In the case of a state inmate on a work release program in a state correctional institution or in a local or county detention facility or other supervised confinement facility, the commissioner shall annually establish a fee schedule for daily room and board for the inmate; provided, that the schedule of fees is within the limitations specified in subdivision (b)(1) and the inmate is permitted to retain not less than twenty-five percent (25%) of take-home pay as savings. The inmate shall pay to the state the amount specified in the fee schedule.
    3. In the case of a county inmate in a local or county detention facility or other supervised confinement facility, an inmate placed on a work release program shall pay to the local or county government responsible for maintaining the inmate an amount not less than five dollars ($5.00) per day nor more than twelve dollars and fifty cents ($12.50) per day as provided in a fee schedule to be prepared annually by the commissioner in the same manner as the state schedule of the fees.
  2. Inmates participating in educational programs authorized by § 41-21-509 on a full-time basis, at least twelve (12) quarter or semester hours each term, may participate in a part-time work release program. Inmates attending school full time and working part time, under thirty-two (32) hours a week, who earn less than one hundred dollars ($100) a week shall pay room and board charges totaling twenty-five percent (25%) of weekly net income. If the inmate earns more than one hundred dollars ($100) per week, room and board charges shall be deducted as in subsection (b).

Acts 1978, ch. 471, § 11; 1979, ch. 353, § 1; T.C.A., § 41-1811; Acts 1988, ch. 570, § 1.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-512. Distribution of inmate earnings.

After initial payment of board, the wages and salaries of employed inmates shall be disbursed for the following purposes in the order set forth:

  1. Necessary travel expense to and from work and associated incidental expenses;
  2. Support of dependents, if any, in amounts fixed by the division of rehabilitative services;
  3. Payment of any outstanding court costs assessed inmates;
  4. Payment in full or ratably of obligations acknowledged in writing by inmates; and
  5. The balance, if any, to inmates upon discharge from confinement.

Acts 1970, ch. 471, § 13; T.C.A., § 41-1812.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

41-21-513. Funds — Handling and disposition.

  1. Procedures for the handling of all funds as set forth in this part shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration.
  2. Funds received by the state shall become departmental revenue and be earmarked for use by the division of rehabilitative services in allotments issued by the department of finance and administration.

Acts 1970, ch. 471, § 12; T.C.A., § 41-1813.

41-21-514. Failure to return as evidence of intent to escape.

In the event inmates participating in outside scholastic or work programs fail to return to correctional institutions within specified time limits, such failures shall constitute prima facie evidence of intent to escape, and offending inmates shall thereby be liable to those penalties that are imposed or shall hereafter be imposed under the general laws of the state for the crime of escape.

Acts 1970, ch. 471, § 14; T.C.A., § 41-1814.

Cross-References. Escape, § 39-16-605.

Warrant authorized to retake prisoner who has absconded while on work release program, § 41-1-117.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

NOTES TO DECISIONS

1. Failure to Return from Furlough.

Defendant on work release program who did not return from pass at specified time could be convicted of crime of escape under former § 39-5-702 (repealed) even though offense occurred before that statute was amended to specifically include escape while on furlough. Lacey v. State, 506 S.W.2d 809, 1974 Tenn. Crim. App. LEXIS 296 (Tenn. Crim. App. 1974).

41-21-515. Application of part.

    1. This part applies to first term inmates and second term inmates hereafter sentenced to prisons or other correctional institutions in Tennessee after February 20, 1970, and those first term inmates and second term inmates serving sentences in the state as of February 20, 1970; provided, that subject inmates have been approved for participation in the program by the division of rehabilitative services.
    2. Notwithstanding anything in this part to the contrary, the rehabilitative programs made available in this part to first term inmates and second term inmates shall also be available to any other inmates deemed suitable for the programs by the department of correction. References in this part to “first term inmates and second term inmates” and to “inmates” are deemed to include those other inmates.
  1. Participants shall be carefully selected and sentencing courts shall be consulted before particular inmates are placed in outside scholastic or work programs.
  2. Persons convicted of capital offenses shall only be eligible to take part in the outside programs twelve (12) months prior to their eligible parole date.

Acts 1970, ch. 471, § 15; 1972, ch. 538, § 8; 1974, ch. 511, § 1; T.C.A., § 41-1815; Acts 1985 (1st Ex. Sess.), ch. 5, § 5.

41-21-516. Cooperation of public officials and agencies.

All public officials in the state shall provide whatever aid necessary to the division of rehabilitative services and the department of correction in the accomplishment of the requirements set forth in this part. The commissioners of education, human resources, labor and workforce development and finance and administration shall assure that appropriate departmental staff members are familiar with this part and that full cooperation is afforded the department of correction in carrying out the spirit and intent of this part.

Acts 1970, ch. 471, § 16; T.C.A., § 41-1816; Acts 1999, ch. 520, § 39.

Part 6
Medical Experiments

41-21-601. Participation in medical experiments strictly voluntary.

The participation by inmates of state, county or city penal and reformatory institutions in any testing projects or other medical experiments shall be strictly voluntary.

Acts 1974, ch. 770, § 1; T.C.A., § 41-2201.

41-21-602. Written explanation of experiment required.

Any pharmaceutical company or other person, firm, corporation, foundation or other association of persons using inmates to test experimental drugs or to conduct any other medical experiments must deliver to those inmates a written statement explaining the following:

  1. The nature and purpose of any drug being tested or any experiment being performed;
  2. Why the drug is being tested or other experiment performed;
  3. Current research on the drug being tested or on the subject matter of the experiment;
  4. Procedures and restrictions the inmates must observe during the testing; and
  5. All known side effects of any drug being tested.

Acts 1974, ch. 770, § 2; T.C.A., § 41-2202.

41-21-603. Compensation.

  1. Payment for services of the inmates shall be commensurate with payments for the same services to non-inmates, taking into consideration the special conditions of inmates.
  2. No person other than a participating inmate or any certified medical personnel and pharmaceutical company employees directly involved in any drug testing or other medical experiment shall receive payment for services in connection with the testing or other experiment.

Acts 1974, ch. 770, §§ 3,4; T.C.A., § 41-2203.

41-21-604. Agreements on contractual basis.

Agreements shall be on a contractual basis. All participants shall be paid the entire amount specified in the contract, even if the participant is not able to complete the experiment because of the adverse effect of the drug or other treatment.

Acts 1974, ch. 770, § 5; T.C.A., § 41-2204.

41-21-605. Results of experiment.

A copy of the results of the test or other experiment shall be sent to each inmate and prison administrator involved.

Acts 1974, ch. 770, § 6; T.C.A., § 41-2205.

41-21-606. Participation of minors prohibited.

No minor serving a sentence in a penal or reformatory institution or committed to a juvenile institution shall participate in testing projects or other medical experiments.

Acts 1974, ch. 770, § 7; T.C.A., § 41-2206.

41-21-607. Penalties.

A violation of this part is a Class A misdemeanor.

Acts 1974, ch. 770, § 8; T.C.A., § 41-2207; Acts 1989, ch. 591, § 111.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Part 7
Release Privileges

41-21-701. Roster of inmate release privileges.

  1. The department of correction shall compile and maintain a record that shall be known as the roster of inmate release privileges.
  2. The roster shall be divided into two (2) parts, to be designated as Part I and Part II.
  3. The roster shall be kept in the department's central office and shall be available for public inspection during regular office hours.
  4. A photostatic copy of the most recently published roster shall be provided to the legislative library of the office of legal services for the general assembly.

Acts 1978, ch. 873, § 1; 1980, ch. 721, § 1; T.C.A., § 41-2501; T.C.A., § 41-25-101.

Cross-References. Community work projects for probationers, title 41, ch. 9.

Work release programs, litter removal, § 41-2-149.

41-21-702. Contents of Part I of roster.

  1. Part I of the roster shall be divided into the following sections:
    1. Trusties;
    2. Work release;
    3. Educational release;
    4. Restitutional release;
    5. Prerelease;
    6. Furloughs; and
    7. Paroles.
  2. Part I shall also contain an individual section for any other program whereby an inmate may receive the privilege of supervised or unsupervised release into the community.
  3. The following information shall be provided in Part I for each inmate listed in Part I:
    1. The crime or crimes for which the inmate is incarcerated;
    2. The date or dates of conviction;
    3. The sentence or sentences imposed;
    4. Time served;
    5. The effective dates of the privilege;
    6. The inmate's security classification;
    7. The department facility, if applicable, where the inmate will be housed while the privilege is in effect; and
    8. Any governmental entity sharing responsibility for the inmate's supervision while the privilege is in effect.
  4. The department is authorized to include such additional information as it determines is needed for clarification or justification of an inmate's participation.

Acts 1978, ch. 873, §§ 4, 6; 1980, ch. 721, §§ 1, 3; T.C.A., § 41-2502; T.C.A. § 41-25-102.

Cross-References. Furlough program, §§ 41-2-142, 41-2-143.

Furloughs granted to inmates, § 41-21-227.

Inmate rehabilitation, work release programs, § 41-21-51041-21-516.

Notice to police of release of convict, § 41-21-224.

Paroles, title 40, ch. 28, parts 1 and 4.

Registration of parolees upon release, § 41-21-225.

Release of prisoners for occupational, scholastic or medical purposes, §§ 41-2-12741-2-132.

Restitution centers, title 41, ch. 6.

Work outside prisons, § 41-21-208.

Work release program for counties with consolidated or metropolitan government, §§ 41-2-13341-2-142.

41-21-703. Contents of Part II of roster — Reporting guidelines.

  1. Part II of the roster shall be divided into sections. Each state-operated correctional institution that houses inmates who participate in the work release, restitution release or educational release program shall comprise one (1) section. Each section shall provide the following information relative to participants in the work release, restitutional release, educational release, inmate staff and prerelease programs:
      1. The name of each inmate who was guilty of an unexcused absence or escape;
      2. The period of the absence or escape or the fact that the inmate is at large; and
      3. The disciplinary action taken relative to the absence or escape;
      1. The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape;
      2. A general statement identifying the nature of the rule so violated; and
      3. The disciplinary action taken relative to the violation;
      1. The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program;
      2. A general statement identifying the nature of the crime allegedly committed; and
      3. The status of the prosecution of the inmate; and
      1. The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and
      2. A general statement identifying the reason for the ejection.
  2. The department is authorized to include any additional information as it determines is needed for clarification or for justification of a relevant departmental action.
  3. The commissioner of correction or the commissioner's designee shall promulgate such guidelines as may be necessary to ensure that the institutions affected by this section compile and report the information required by this section in an efficient, thorough, and uniform manner.

Acts 1980, ch. 721, § 4; T.C.A., § 41-25-103.

41-21-704. Publication — Effective periods.

  1. A new roster shall be published each month.
  2. The effective period of Part I shall be and include the month in which the list is published. Part I shall identify all inmates who will participate under any one (1) or more release programs during the effective period of Part I.
  3. The effective period of Part II shall include and be the second month preceding publication. Part II shall report all information required by § 41-21-703 that occurred during the effective period of Part II.

Acts 1978, ch. 873, § 3; 1980, ch. 721, § 2; T.C.A., §§ 41-2503, 41-25-104.

41-21-705. Advance notice of furloughs not required.

The advance notice prerequisite as required by § 41-21-704 shall not apply to furloughs granted under the authority of § 41-21-227; however, the issuance of those furloughs shall be indicated on the roster published immediately following issuance of the furloughs.

Acts 1978, ch. 873, § 5; T.C.A., §§ 41-2505, 41-25-105.

Part 8
Lawsuits by Inmates

41-21-801. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Claim” means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief;
  2. “Commissioner” means the commissioner of correction;
  3. “Department” means the department of correction;
  4. “Inmate” means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government; and
  5. “Trust account” means an inmate's trust account administered by the department or by a county jail.

Acts 1996, ch. 913, § 1; 2001, ch. 76, § 1.

NOTES TO DECISIONS

1. Application.

Inmate's previous filing of a claim in federal court, based upon the same facts and the same theories as inmate's claim in state court, formed a sufficient basis for the dismissal of the claim before the appellate court as frivolous or malicious. While inmate may still have had a viable eighth amendment claim in federal court, the decision for dismissal did not affect that claim, rather, it reduced the possibility of inconsistent or contradictory judgments. Sweatt v. Tenn. Dep't of Corr., 88 S.W.3d 567, 2002 Tenn. App. LEXIS 319 (Tenn. Ct. App. 2002).

2. Penalties.

Appellate court denied an inmate's petition for rehearing where he had failed to provide the trial court clerk with unambiguous assurances of his intention and his ability to pay the costs because of his prior frivolous lawsuits and unpaid court costs; thus, the appellate court found that the inmate was subject to the penalties imposed under T.C.A. § 41-21-801 et seq.Sweatt v. Tenn. Dep't of Corr., 99 S.W.3d 112, 2002 Tenn. App. LEXIS 716 (Tenn. Ct. App. 2002).

41-21-802. Applicability.

This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.

Acts 1996, ch. 913, § 1.

41-21-803. Venue.

Except as otherwise provided by law, an action that accrued while the plaintiff inmate was housed in a facility operated by the department or in a facility operated by a private corporation pursuant to a contract with the state or local government shall be brought in the county in which the facility is located.

Acts 1996, ch. 913, § 1; 2015, ch. 143, § 1.

Compiler's Note. Acts 2015, ch. 143, § 2 provided that the act, which amended this section, shall apply to actions accruing on or after July 1, 2015.

Cross-References. Venue, title 20, ch. 4.

Law Reviews.

Jurisdiction, Venue and “Localized Actions” in Tennessee (June F. Entman), 39 No. 4 Tenn. B.J. 33 (2003).

NOTES TO DECISIONS

1. Application.

An inmate's action challenging disciplinary proceedings was dismissed for improper venue; the action was transferred pursuant to T.C.A. § 41-21-803 to the county in which the penitentiary was located. Hawkins v. Tenn. Dep't of Corr., 127 S.W.3d 749, 2002 Tenn. App. LEXIS 536 (Tenn. Ct. App. 2002).

In a 42 U.S.C. § 1983 case in which a pro se state inmate appealed the trial court's dismissal of his complaint, since the inmate was housed in a Tennessee Department of Corrections facility in Hardeman County, Tennessee and the actions which formed the basis of his complaint took place in that facility, the trial court, which was located in Davidson County, Tennessee, correctly found that the case had to be brought in Hardeman County pursuant to T.C.A. § 41-21-803. Hayes v. State, 341 S.W.3d 293, 2009 Tenn. App. LEXIS 681 (Tenn. Ct. App. Oct. 8, 2009), appeal dismissed, Hayes v. Turner, — S.W.3d —, 2010 Tenn. LEXIS 95 (Tenn. Feb. 16, 2010).

In a 42 U.S.C. § 1983 case in which a pro se state inmate filed his complaint in the incorrect venue pursuant to T.C.A. § 41-21-803, the trial court did not err in dismissing the petition since the inmate had not exhausted his administrative remedies as required by 42 U.S.C. § 1997e, and exhaustion was a prerequisite to filing an action. Hayes v. State, 341 S.W.3d 293, 2009 Tenn. App. LEXIS 681 (Tenn. Ct. App. Oct. 8, 2009), appeal dismissed, Hayes v. Turner, — S.W.3d —, 2010 Tenn. LEXIS 95 (Tenn. Feb. 16, 2010).

In a 42 U.S.C. § 1983 case in which a pro se state inmate filed his complaint in the incorrect venue pursuant to T.C.A. § 41-21-803, the trial court did not err in dismissing the petition. While the inmate had filed an affidavit to proceed in forma pauperis, as required by T.C.A. § 41-21-805, he failed to list any prior lawsuits or claims filed by him. Hayes v. State, 341 S.W.3d 293, 2009 Tenn. App. LEXIS 681 (Tenn. Ct. App. Oct. 8, 2009), appeal dismissed, Hayes v. Turner, — S.W.3d —, 2010 Tenn. LEXIS 95 (Tenn. Feb. 16, 2010).

Trial court properly transferred an inmate's action against a private correctional facility in accordance with T.C.A. § 16-1-116 because T.C.A. § 41-21-803 effectively localized actions brought by prisoners and the proper venue in the matter was in the county where the facility was located. Womack v. Corr. Corp. of Am., — S.W.3d —, 2012 Tenn. App. LEXIS 893 (Tenn. Ct. App. Dec. 20, 2012), rev'd, 448 S.W.3d 362, 2014 Tenn. LEXIS 659 (Tenn. Sept. 22, 2014).

Tennessee statute localizing venue for lawsuits filed by indigent inmates, did not apply to an inmate's lawsuit because the inmate's cause of action did not accrue while the inmate was housed in a facility operated by the Tennessee Department of Correction, in that the inmate was housed in a facility operated by a private corporation under a contract with the State of Tennessee. Womack v. Corr. Corp. of Am., 448 S.W.3d 362, 2014 Tenn. LEXIS 659 (Tenn. Sept. 22, 2014).

41-21-804. Dismissal of claim — Grounds — Factors for determination — Poverty hearings.

  1. A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that:
    1. The allegation of poverty in the inmate's affidavit is false; or
    2. The claim is frivolous or malicious.
  2. In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not:
    1. The claim has a chance of success;
    2. The claim has a basis in law and in fact; and
    3. The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.
  3. The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court.
  4. On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing.

Acts 1996, ch. 913, § 1.

NOTES TO DECISIONS

1. Frivolous Claim.

Inmate's previous filing of a claim in federal court, based upon the same facts and the same theories as inmate's claim in state court, formed a sufficient basis for the dismissal of the claim before the appellate court as frivolous or malicious. While inmate may still have had a viable eighth amendment claim in federal court, the decision for dismissal did not affect that claim, rather, it reduced the possibility of inconsistent or contradictory judgments. Sweatt v. Tenn. Dep't of Corr., 88 S.W.3d 567, 2002 Tenn. App. LEXIS 319 (Tenn. Ct. App. 2002).

41-21-805. Affidavit of inability to pay — Requirements.

  1. Any inmate who files a claim with an affidavit of inability to pay costs shall file a separate affidavit with the following information:
    1. A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and
    2. For each claim or action listed in subsection (a):
      1. The operative facts for which relief was sought;
      2. The case name, case number and court in which the suit or claim was filed;
      3. The legal theory on which the relief sought was based;
      4. The identification of each party named in the action; and
      5. The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.
  2. If the affidavit filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit must state the date of the final order affirming the dismissal.
  3. The affidavit must be accompanied by a current certified copy of the inmate's trust account statement.

Acts 1996, ch. 913, § 1.

NOTES TO DECISIONS

1. Purpose.

The purpose of subjecting indigent inmates to the filing requirements of T.C.A. § 41-21-805 is to discourage the filing of meritless lawsuits at public expense. Davis v. Holland, 31 S.W.3d 574, 2000 Tenn. App. LEXIS 184 (Tenn. Ct. App. 2000).

In enacting T.C.A. § 41-21-805, the legislature intended to make it more burdensome for inmates to file frivolous complaints, while not raising the barrier against valid claims to an unreasonable height. Williams v. Bell, 37 S.W.3d 477, 2000 Tenn. App. LEXIS 333 (Tenn. Ct. App. 2000).

Statute requires inmates wishing to proceed in forma pauperis to submit a list of every lawsuit or claim previously filed by the inmate, and nothing in the statute suggests that the legislature intended habeas corpus lawsuits to be excluded. Roberson v. Lindamood, — S.W.3d —, 2017 Tenn. App. LEXIS 359 (Tenn. Ct. App. May 26, 2017).

2. Dismissal.

Failure to comply with T.C.A. § 41-21-805 may result in a dismissal without prejudice; a trial court may more confidently demand strict adherence to that section if it knows that by doing so it is not thereby closing the door forever on a meritorious claim. Williams v. Bell, 37 S.W.3d 477, 2000 Tenn. App. LEXIS 333 (Tenn. Ct. App. 2000).

Prisoner's suit alleging civil rights violations against employees of the department of correction was dismissed without prejudice for failure to submit a list which included all of the information required by T.C.A. § 41-21-805(a)(2). Williams v. Bell, 37 S.W.3d 477, 2000 Tenn. App. LEXIS 333 (Tenn. Ct. App. 2000).

In a 42 U.S.C. § 1983 case in which a pro se state inmate filed his complaint in the incorrect venue pursuant to T.C.A. § 41-21-803, the trial court did not err in dismissing the petition. While the inmate had filed an affidavit to proceed in forma pauperis, as required by T.C.A. § 41-21-805, he failed to list any prior lawsuits or claims filed by him. Hayes v. State, 341 S.W.3d 293, 2009 Tenn. App. LEXIS 681 (Tenn. Ct. App. Oct. 8, 2009), appeal dismissed, Hayes v. Turner, — S.W.3d —, 2010 Tenn. LEXIS 95 (Tenn. Feb. 16, 2010).

Trial court properly dismissed an inmate's lawsuit against prison employee's seeking to recover personal property because the inmate failed to comply with the statute when he did not disclose his previous habeas corpus lawsuits in his affidavit. Roberson v. Lindamood, — S.W.3d —, 2017 Tenn. App. LEXIS 359 (Tenn. Ct. App. May 26, 2017).

41-21-806. Claims subject to review by grievance committees.

  1. An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the date the final decision was received by the inmate with a copy of the final decision from the grievance committee.
  2. The court shall dismiss the claim if the inmate fails to file the claim before the thirty-first day after the date the inmate receives the final decision from the grievance committee.
  3. If a claim is filed before the grievance procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed ninety (90) days to permit completion of the grievance procedure.

Acts 1996, ch. 913, § 1.

NOTES TO DECISIONS

1. Procedural Requirements.

Prison inmate who filed a 42 U.S.C. § 1983 complaint while the grievance was pending could proceed with the complaint since the administrative remedy was concluded 24 days after the complaint was filed; however, fellow prison inmate who joined in the complaint could not proceed with the complaint since the fellow inmate failed to file a grievance and exhaust the administrative remedies as required. Pendleton v. Mills, 73 S.W.3d 115, 2001 Tenn. App. LEXIS 689 (Tenn. Ct. App. 2001).

2. Preemption.

T.C.A. § 41-21-806 was not preempted by 42 U.S.C. § 1997e(a); therefore, prison inmate could proceed with the 42 U.S.C. § 1983 complaint since the inmate's grievance was fully denied 24 days after the inmate filed the complaint. Pendleton v. Mills, 73 S.W.3d 115, 2001 Tenn. App. LEXIS 689 (Tenn. Ct. App. 2001).

41-21-807. Accounting of inmate funds required as part of civil action — Payment of fees — Frivolous or malicious claims.

  1. An inmate seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security for the fees, in addition to filing the affidavit required by § 41-21-805, shall submit a certified copy of the trust fund account statement, or the institutional equivalent, for the inmate for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each facility at which the inmate is or was confined.
    1. If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly:
      1. Deposits to the inmate's account; or
      2. Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
    2. After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid.
    3. In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.
    4. In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee.
  2. In no event shall an inmate bring a civil action or appeal a judgment in a civil action or proceeding under this section if the inmate has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of this state or the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury.

Acts 1996, ch. 913, § 1; 2001, ch. 76, § 2.

Cross-References. Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

NOTES TO DECISIONS

1. Application.

Where inmate had filed repeated complaints relating to exposure to second hand smoke as a violation of inmate's eighth amendment rights, and inmate had a substantially similar claim pending in federal court, the trial court was entitled under T.C.A. § 41-21-807 to order the payment of the costs accrued in the instant case, and under T.C.A. § 41-21-812(a) to bar the inmate from filing any more lawsuits until all such expenses were paid. Sweatt v. Tenn. Dep't of Corr., 88 S.W.3d 567, 2002 Tenn. App. LEXIS 319 (Tenn. Ct. App. 2002).

Statute addresses the ability to pay the partial filing fee required to file the current action and it does not address the scenario of outstanding fees from past cases; thus, it did not apply to petitioner's case. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

2. Frivolous Claims.

Trial court did not abuse its discretion by dismissing pro se inmate's divorce petition for failure to prosecute the claim without having given him prior notice of the dismissal where he knew that original summons had been returned unserved and permitted case to languish for seven months without making any effort to see to it that his wife was properly served, and the appellate court found his appeal was frivolous. Hessmer v. Hessmer, 138 S.W.3d 901, 2003 Tenn. App. LEXIS 346 (Tenn. Ct. App. 2003).

Pro se appeal of court order dismissing a medical malpractice claim filed by a state prisoner was deemed frivolous in accordance with T.C.A. §§ 41-21-807(c), 41-21-816(a)(1) and the costs of the appeal were taxed to the prisoner. Hessmer v. Miranda, 138 S.W.3d 241, 2003 Tenn. App. LEXIS 347 (Tenn. Ct. App. 2003).

41-21-808. Award of costs — Requirement of payment of costs — Withdrawal from inmate's trust account — Separate from other methods of collection — Additional payments.

  1. Judgment may be rendered for costs at the conclusion of the suit, action, claim or appeal as in other proceedings. If the judgment against the inmate includes the payment of costs, the inmate shall be required to pay the full amount of costs ordered.
  2. The clerk of the court shall mail a copy of the court's judgment taxing costs against the inmate to the department or county jail, as appropriate. On receipt of a copy of the judgment, the department or county jail shall withdraw funds from the inmate's trust account in the amounts provided by § 41-21-807(b) for the collection of filing fees and shall forward the collected funds to the clerk of the court until the costs are paid in full or the inmate is released from confinement.
  3. This section establishes an additional method for collecting costs separate from an execution or garnishment under title 26. The provisions of title 26, chapter 2 relative to exemptions and garnishments shall not apply to collections made pursuant to this section. In addition to collecting costs under this section, the clerk of the court may pursue any other means of collection provided for by law.
  4. An inmate may authorize payments to the clerk of the court in addition to those payments authorized by this section.

Acts 1996, ch. 913, § 1; 2001, ch. 76, § 3; 2002, ch. 607, § 1.

Cross-References. Earnings of inmates deposited in trust accounts, establishment and payment of daily room and board rate, § 41-21-511.

41-21-809. Hearings — Video communications.

The court may hold a hearing under this part at a county jail or a facility operated by the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witnesses.

Acts 1996, ch. 913, § 1.

41-21-810. Request for documents — Affidavits to be under oath.

  1. The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or an affidavit stating the substance of the testimony. An affidavit submitted under this section must be made under oath. A person submitting an affidavit or document under this section is not required to appear at the hearing.
  2. A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court may require.
  3. The court shall provide the inmate a copy of each affidavit or document not later than twenty-four (24) hours before the time at which the hearing is to begin.

Acts 1996, ch. 913, § 1.

41-21-811. Dismissal of claim or portion of claim.

  1. The court may enter an order dismissing the entire claim or a portion of the claim. If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to the provisions of §§ 41-21-807 and 41-21-808.
  2. An order under this section is not subject to an interlocutory appeal by the inmate.

Acts 1996, ch. 913, § 1.

41-21-812. Filing of subsequent lawsuits not permitted until expenses paid — Injunctive relief.

  1. Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full.
  2. A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.

Acts 1996, ch. 913, § 1.

NOTES TO DECISIONS

1. Applicability.

Tennessee could not constitutionally require an inmate to pay outstanding court costs and fees before he could seek review of the revocation of his parole; the denial of review therefore was not based on an adequate state ground; and the inmate's federal habeas claim was not procedurally defaulted. Clifton v. Carpenter,  2014 FED App. 307p (6th Cir.), 775 F.3d 760, 2014 U.S. App. LEXIS 24455 (6th Cir. Dec. 24, 2014).

It was unclear under what authority a $ 200 balance was imposed, but even if it was not properly assessed, the $ 49.50 from the prior divorce action was properly considered an outstanding unpaid cost; there was a letter from petitioner stating he was indigent and an affidavit from the clerk stated that he proceeded in forma pauperis in the divorce action, and thus the statute was applicable to petitioner based on the outstanding fee of $ 49.50. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

Mandate that the section only applies to claims in which an affidavit of inability to pay costs is filed with the claim by the inmate means that the current action has to be filed with an affidavit of indigency, not the prior claim from which petitioner still owes fees. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

2. First Amendment Rights.

Statute did not violate petitioner's First Amendment rights; even if he remained unable to pay the amount due, he still retained access to the administrative remedies provided by the Tennessee Board of Probation and Parole, plus the State's refusal to subsidize a prisoner's exercise of his First Amendment rights did not constitute a violation of those rights. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

3. Construction.

Limiting application of the statute to whether the clerk of the court took appropriate action would be incongruous with the Act as a whole. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

While the statute certainly could have been worded more narrowly to apply only to indigent prisoners with unpaid costs from prior lawsuits that were deemed frivolous by a court, which would have more directly served the statute's purpose of reducing frivolous inmate litigation, the court fails to see an express statutory directive to do so. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

4. Constitutionality.

Narrowing of the statute from the general population of court litigants to only inmates is rationally related to a legitimate state interest and the statute does not deprive inmates of administrative remedies and does not permanently bar any inmate access to the courts; the State has a legitimate interest in reducing costs and in reducing the amount of meritless inmate litigation, and thus the statute is rationally related to the State's interest, the constitutional requirement of rationality is satisfied, and the statute does not offend principles of equal protection. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

Petitioner had a hearing before the Tennessee Board of Probation and Parole that was not contingent upon his ability to pay any filing fees and had the ability to appeal the board's decision, and his appeal was denied because his allegations of misconduct were not substantiated; under the facts of this case, petitioner was not denied due process, and as applied in this case, the statute does not violate the Due Process Clause. Hughes v. Tenn. Bd. of Prob. & Parole, 514 S.W.3d 707, 2017 Tenn. LEXIS 179 (Tenn. Mar. 23, 2017).

41-21-813. Inmate questionnaires.

In order to implement this part, a court may develop for its use a questionnaire to be completed and filed by the inmate.

Acts 1996, ch. 913, § 1.

41-21-814. Part not modifiable or repealable by supreme court.

Notwithstanding any provision of law to the contrary, this part may not be modified or repealed by any rule promulgated or adopted by the supreme court.

Acts 1996, ch. 913, § 1.

41-21-815. Claims for preventive relief.

This part does not authorize a claim for preventive relief against the department, an employee of the department or of any other agency, agent, employee or officer of this state if the claim is brought by a person housed in a facility operated by the department and the claim accrued while the person was housed in the facility.

Acts 1996, ch. 913, § 1.

41-21-816. Forfeit of good conduct credits.

  1. The commissioner shall forfeit an inmate's good conduct sentence reduction credits in the amount specified by subsection (b) on:
    1. Receipt by the department of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a claim or lawsuit filed by an inmate while the inmate was in the custody of the department; and
    2. A determination that the department has, on one (1) or more occasions, received a certified copy of a final order of a state or federal court dismissing as frivolous or malicious a claim or lawsuit filed previously by the inmate while the inmate was in the custody of the department.
  2. On receipt of a final order described by subdivision (a)(1), the commissioner shall forfeit:
    1. Sixty (60) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received one (1) final order described by subdivision (a)(2);
    2. One hundred twenty (120) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received two (2) final orders described by subdivision (a)(2); or
    3. One hundred eighty (180) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received three (3) final orders described by subdivision (a)(2).
  3. The commissioner may not restore good conduct sentence reduction credits forfeited under this section for any reason.

Acts 1996, ch. 913, § 1.

NOTES TO DECISIONS

1. Frivolous or Malicious Claim.

Pro se appeal of court order dismissing a medical malpractice claim filed by a state prisoner was deemed frivolous in accordance with T.C.A. §§ 41-21-807(c), 41-21-816(a)(1) and the costs of the appeal were taxed to the prisoner. Hessmer v. Miranda, 138 S.W.3d 241, 2003 Tenn. App. LEXIS 347 (Tenn. Ct. App. 2003).

Trial court did not abuse its discretion by dismissing pro se inmate's divorce petition for failure to prosecute the claim without having given him prior notice of the dismissal where he knew that original summons had been returned unserved and permitted case to languish for seven months without making any effort to see to it that his wife was properly served, and the appellate court found his appeal was frivolous. Hessmer v. Hessmer, 138 S.W.3d 901, 2003 Tenn. App. LEXIS 346 (Tenn. Ct. App. 2003).

41-21-817. Grievance resolution system.

  1. The department shall develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.S.C. § 1997e, and the department shall obtain certification under that section. A remedy provided by the grievance system is the exclusive administrative remedy available to an inmate for a claim for relief that arises while the inmate is housed in a facility operated by the department, other than a remedy provided by writ of habeas corpus challenging the validity of an action occurring before the delivery of the inmate to the department.
  2. The grievance system must provide procedures for an inmate to identify evidence to substantiate the inmate's claim and for an inmate to receive copies of all formal written responses to the inmate's grievance.

Acts 1996, ch. 913, § 1.

41-21-818. Administrative procedures.

Notwithstanding any law to the contrary, the commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 1996, ch. 913, § 2.

Part 9
Inmate Financial Responsibility Act of 1998

41-21-901. Short title.

This part shall be known and may be cited as the “Inmate Financial Responsibility Act of 1998.”

Acts 1998, ch. 992, § 2.

41-21-902. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Assets” means property, tangible or intangible, real or personal, belonging to or due an inmate or former inmate, including income or payments to the inmate from social security, workers' compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, insurance benefits or from any other source whatsoever, but does not include any of the following:
    1. The homestead of the inmate;
    2. Money received by the inmate from the state as settlement of a claim against the department by the inmate;
    3. A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and
    4. Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility;
  2. “Commissioner” means the commissioner of correction or the commissioner's designee;
  3. “Cost of care” means the cost to the department of correction for providing transportation, room, board, clothing, security, medical and other normal living expenses of inmates under the jurisdiction of the department, as determined by the commissioner of correction;
  4. “Department” means the department of correction;
  5. “Inmate” means any person who is confined in a correctional facility under the jurisdiction of the department;
  6. “State” means the state of Tennessee; and
  7. “State correctional facility” means a facility or institution that houses an inmate population under the jurisdiction of the department.

Acts 1998, ch. 992, § 3.

41-21-903. Inmate asset disclosure form.

  1. The department shall develop a form to be used by the department to obtain information from inmates regarding assets of the inmates.
  2. Upon being developed, the form shall be submitted to each person who is an inmate as of June 28, 2010, and to any person who thereafter is sentenced to imprisonment under the jurisdiction of the department. The form shall be periodically resubmitted to an inmate by the department for purposes of obtaining current information regarding assets of the inmate. The department shall establish through rule the frequency with which such form shall be resubmitted.
  3. Every inmate who is given a form by the department shall complete the form or provide for completion of the form, and the inmate shall swear or affirm under oath that to the best of the inmate's knowledge the information provided is complete and accurate.

Acts 1998, ch. 992, § 4; 2010, ch. 1113, § 1.

Code Commission Notes.

Former subsection (d), concerning the deadline for development of the inmate asset disclosure form, was deleted as obsolete by the code commission in 2006.

Compiler's Notes. Acts 2010, ch. 1113, § 8 provided that any claimant may promulgate rules to effectuate the provisions of the act relating to internal procedures for reporting debts and conducting administrative hearings. The department of revenue may promulgate such other rules to carry out the remaining provisions of the act.

Acts 2010, ch. 1113, § 9 provided that the act, which amended subsection (b), shall apply to any claim for refund filed with the department of revenue on or after July 1, 2009, that has not been finally determined.

41-21-904. Inmate asset report.

The department shall develop a report on each inmate who is required to complete a form in accordance with § 41-21-903, together with all other information available on the assets of the inmate and an estimate of the total cost of care for that inmate.

Acts 1998, ch. 992, § 5.

41-21-905. Investigation of inmates' assets — Action for reimbursement of costs of incarceration.

  1. The department shall investigate or cause to be investigated each report furnished pursuant to § 41-21-904.
  2. If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate.
  3. Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part.

Acts 1998, ch. 992, § 6.

41-21-906. Inmates required to cooperate — Lack of cooperation consideration in parole determination.

  1. An inmate shall fully cooperate with the state by providing complete financial information for purposes under this part.
  2. The failure of an inmate to fully cooperate as provided in subsection (a) may be considered by the board of parole for purposes of a parole determination.

Acts 1998, ch. 992, § 7.

Compiler's Notes. Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in this section, are deemed references to the board of parole.

41-21-907. Jurisdiction — Form of complaint — Hearing — Order — Amount of reimbursement — Failure to comply — Payment of costs — Recovery of expenses in care of inmate.

  1. The circuit court shall have exclusive jurisdiction over all proceedings under this part. The attorney general and reporter may file a complaint in the circuit court of the county from which an inmate was sentenced, stating that the person is or has been an inmate in a state correctional facility, that there is good cause to believe that the inmate has assets and petition that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the costs of care of the person as an inmate.
  2. Upon the filing of the complaint under subsection (a), the court shall issue an order to show cause why the petition should not be granted. The complaint and order shall be served upon the inmate personally or, if the inmate is confined in a state correctional facility, by registered mail addressed to the inmate in care of the chief administrator of the state correctional facility where the inmate is housed at least thirty (30) days before the date of hearing on the complaint and order.
  3. At the time of the hearing on the complaint and order, if it appears that the inmate has any assets that ought to be subjected to the claim of the state under this part, the court shall issue an order requiring any person, corporation or other legal entity possessing or having custody of those assets to appropriate and apply the assets or a portion of the assets  toward reimbursing the state as provided for under this part. The reimbursement is subject to payments for court-ordered child support and arrearages before the state may apply any amounts recovered for reimbursement of its expenses, including the costs of any investigations.
  4. The amount of reimbursement under this part shall not be in excess of the per diem cost of care for maintaining inmates in the state correctional facility in which the inmate is housed.
  5. At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependants, and any moral obligation to support dependants to whom the defendant is providing or has in fact provided support. At the hearing the inmate shall have the opportunity to put on proof to show why such an order should not be entered or the existence of appropriate obligations that should limit application of the order.
  6. If the person, corporation or other legal entity neglects or refuses to comply with an order under subsection (c), the court shall order the person, corporation or other legal entity to appear before the court at such time as the court directs and to show cause why the person, corporation or other legal entity should not be considered in contempt of court.
  7. If, in the opinion of the court, the assets of the inmate are sufficient to pay the cost of the proceedings under this part, the assets shall be liable for those costs upon order of the court.
  8. The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care of the inmate during the entire period or periods the person is an inmate in a state correctional facility.

Acts 1998, ch. 992, § 8.

Cross-References. Certified mail instead of registered mail, § 1-3-111.

41-21-908. Use of remedies, interim orders and enforcement procedures allowed by law or court rule — Liens and other encumbrances — Appointment of receiver — Homestead exemption.

    1. Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part.
    2. With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
  1. To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver.
  2. The attorney general and reporter or a prosecuting attorney shall not enforce any judgment obtained under this part by means of execution against the homestead of the inmate. The attorney general and reporter shall enforce this part, except that the attorney general and reporter may request the prosecuting attorney of the county in which the inmate was sentenced or the prosecuting attorney of the county in which any asset of an inmate is located to make an investigation or assist in a legal proceeding under this part.

Acts 1998, ch. 992, § 9.

41-21-909. Cooperation with attorney general and reporter — Costs of investigations — State treasurer to make determinations of amounts due.

  1. The sentencing judge, the sheriff of the county, the warden of the state correctional facility and the state treasurer shall furnish to the attorney general and reporter or prosecuting attorney all information and assistance possible to enable the attorney general and reporter or prosecuting attorney to secure reimbursement for the state under this part.
  2. The costs of any investigations under this part shall be paid from the reimbursements secured under this part and the balance of the reimbursements shall be credited to the general fund of the state to be available for general fund purposes.
  3. The state treasurer may determine the amount due the state in cases under this part and render statements of the amount due, and those sworn statements shall be considered prima facie evidence of the amount due.

Acts 1998, ch. 992, § 10.

41-21-910. Interagency cooperation to ensure child support obligations met.

The department of correction, the attorney general and reporter, district attorneys general, the department of human services, and the department of labor and workforce development shall all cooperate and share information to the extent not prohibited by law concerning assets, workers' compensation settlements, and child support obligations of inmates in order that, to the maximum extent feasible, inmates should satisfy existing child support obligations, including arrearages, before the state receives reimbursement, including the costs of any investigations, pursuant to this part.

Acts 1998, ch. 992, § 12; 1999, ch. 520, § 39.

41-21-911. Assignment of workers' compensation arrearages.

Notwithstanding § 50-6-223(b), a court may assign up to fifty percent (50%) of workers' compensation made by periodic payments to pay an arrearage owed by an inmate who is confined in the custody of the department; provided, that the assignment is administered in accordance with § 50-2-105.

Acts 1998, ch. 992, § 13.

Chapter 22
Work Programs

Part 1
General Provisions

41-22-101. State farm.

The Tennessee rehabilitative initiative in correction (referred to in this part as TRICOR) board shall operate the state farm and all appurtenances to its full capacity in the cultivation and production of crops of the character and kind best suited to be grown and produced on the land, and for this purpose inmates of the penitentiaries shall be employed under such rules, regulations, and conditions as may be prescribed by the board.

Acts 1915, ch. 114, § 2; Shan., § 7581a3; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12181; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-401; Acts 1994, ch. 737, § 6; 1996, ch. 564, § 2.

Cross-References. Corrections volunteer services, title 41, ch. 10.

Hours of work, § 41-21-207.

Inmate labor for private purposes, §§ 41-2-148, 41-3-106.

Legislative guidelines concerning labor of inmates, § 41-1-402.

Tennessee rehabilitative initiative in correction board, § 41-22-404.

41-22-102. Construction of roads and buildings on state property.

The commissioner has the authority and power to construct with the labor of inmates of the penitentiary any and all roads that may be found necessary and of value to the state's properties, and to construct and build, if, in the commissioner's opinion, it is necessary, separate hospitals and necessary appurtenances for contagious diseases on the state's property, and pay for them out of the funds belonging to the institution.

Acts 1915, ch. 114, § 2; Shan., § 7581a4; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12182; T.C.A., (orig. ed.), § 41-402.

41-22-103. Improvements and repairs of Brushy Mountain property.

The commissioner may, during the summer season, provide employment for part of the inmates at the Brushy Mountain penitentiary in repairing or building any buildings that may be deemed necessary on the property, so that, in the event of the employment of a sufficient number of inmates of the Brushy Mountain penitentiary on the county roads, pikes, highways or railroads, the mining force at the Brushy Mountain penitentiary shall be reduced to not exceeding three hundred (300) men mining coal, burning coke and operating the mines during the road working season.

Acts 1915, ch. 114, § 10; Shan., § 7581a18; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12196; T.C.A. (orig. ed.), § 41-403.

41-22-104. Grading of railroads into state mines.

  1. The commissioner of correction may contract with any railroad company to do the grading of any railroad extension into the coal lands of the state and, in case the state engages to do the grading, the working of the inmates upon grade work is authorized. The working of the inmates shall be under the commissioner.
  2. The commissioner may accept, in remuneration for the grading, county bonds or first mortgage bonds of a railroad.

Acts 1915, ch. 114, § 11; Shan., § 7581a19; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12197; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-404.

41-22-105. Sale of products of inmate labor.

The commissioner is authorized to make contracts for the sale of coal and coke of the state mines and to dispose of all articles manufactured by the inmates for the state, to the best interests of the state, and pay the proceeds into the state treasury.

Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7474; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12069; T.C.A. (orig. ed.), § 41-405.

41-22-106. Unlawful sales of coal or coal products.

  1. It is unlawful for any coal or coal products mined or produced as a result of inmate labor from the state mines at Petros or any other state-owned property to be sold to anyone other than the state itself for its own consumption or to the political subdivisions of the state. It is further unlawful to ship any of the state coal or transport it from the state mines, except for the use of the state, its political subdivisions or for charitable purposes.
  2. A violation of this section is a Class C misdemeanor.

Acts 1937, ch. 104, §§ 2, 3; C. Supp. 1950, §§ 12201.1, 12201.2 (Williams, §§ 12201.2, 12201.3); T.C.A. (orig. ed.), §§ 41-406, 41-407; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Sale of waste material from mines, § 4-6-136.

41-22-107. Reports and settlement of mining accounts.

The mining engineer and other officials in charge of the mines, prisons and inmates shall make monthly reports to the commissioner of correction of all expenses, receipts and transactions connected with the mines, prisons and inmates. The commissioner shall make full and complete detailed reports of everything transpiring or connected with the state mines, prisons and inmates every three (3) months to the commissioner of revenue, and also make, at the same time, full settlements with the commissioner of revenue for all moneys received, or that should have been received, by the commissioner of correction and other state officials or agents connected with the state mines, prisons or inmates.

Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7475; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12073; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-408.

41-22-108. [Reserved.]

  1. The TRICOR board, with the approval of the governor, is authorized and directed to make contracts for the sale or manufacture of any article that may be manufactured in state shops. This section and §§ 41-22-110, 41-22-111, and 41-22-115 are subject in all respects to § 41-22-116.
  2. Contracts for the sale or manufacture of such manufactured articles shall be made at such prices, and covering such periods of time, as in the opinion of the TRICOR board will best subserve and protect the interests of the state and the welfare of the inmates, subject to the rules and provisions set forth in §§ 41-22-110, 41-22-111, and 41-22-115.

Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; mod. C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-410; Acts 1994, ch. 737, §§ 8, 9; 1996, ch. 564, § 2.

Cross-References. Sale of mine and industrial products, §§ 4-6-1354-6-137.

41-22-110. Manufacturers for state.

In the event the authorities authorized and empowered in § 41-22-109 to make contracts for the sale or manufacture of the articles to be manufactured in accordance with the plan provided for in §§ 41-22-10941-22-111 and 41-22-115, are not able, after reasonable effort, to make and enter into satisfactory contracts of this character, those authorities are then empowered and authorized to use and employ the inmates in the manufacture of some article or articles, for and on behalf of the state itself, under the same general conditions, restrictions and rules as provided in §§ 41-22-111 and 41-22-115, and the authorities are also empowered and authorized to purchase or rent all machinery and equipment necessary to install the plants and to purchase necessary material for carrying on such manufacturing business.

Acts 1919, ch. 40, § 2; Shan. Supp., § 7581a24; Code 1932, § 12206; mod. C. Supp. 1950, § 12206; T.C.A. (orig. ed.), § 41-411.

41-22-111. Control of inmates retained by state.

By no contract shall the care, protection and discipline of the inmates be to any degree surrendered or delegated to anyone other than employees of the state, who, under the supervision of the commissioner of correction, with the approval of the governor, shall have charge and control of all these matters.

Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-412.

41-22-112 — 41-22-114. [Reserved.]

In order that any competition between the labor of inmates to be worked directly by and for the benefit of the state and free labor shall be reduced to its practical minimum, all reasonable efforts shall be made to dispose of the articles manufactured by inmates at such prices as will best protect the financial interests of the state.

Acts 1919, ch. 40, § 1; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; Acts 1972, ch. 701, § 2; T.C.A. (orig. ed.), § 41-416.

41-22-116. Sale of prison-made goods in open market prohibited — Exceptions.

  1. Except as provided in subsections (c)-(f), no goods, wares or merchandise manufactured, in whole or in part, by inmates, except inmates on parole or probation, shall be sold or offered for sale in this state by any person, firm, association or corporation or by any federal authority, state or political subdivision of the federal authority or state. Nothing in this section shall be construed to forbid the sale, exchange or disposition of those goods to any institution supported wholly or in part by funds derived from public taxation and operated under the supervision of the United States, the state of Tennessee, or any other state of the union, or any political subdivision thereof. In addition, goods, wares and merchandise may be offered for sale to private nonprofit corporations and charitable organizations that are duly chartered as such under the laws of the state of Tennessee and to private contractors if the goods purchased will subsequently be used by a public agency or a nonprofit organization.
  2. Notwithstanding subsection (a), this section shall not be construed so as to limit the display and casual sale to the public of arts and crafts made by adult and juvenile inmates at any approved departmental outlets, art and craft exhibitions, state parks or any appropriate display or exhibition program.
  3. The state or a prison contractor operating pursuant to the Private Prison Contracting Act of 1986, compiled in chapter 24 of this title, is authorized to develop industry programs in correctional facilities, pursuant to which inmates shall manufacture goods to be sold on the open market. No goods may be manufactured for sale on the open market pursuant to this section unless the goods are determined by the department of economic and community development to be goods not otherwise manufactured in Tennessee. For any programs for manufacture of goods for sale on the open market, the TRICOR board shall establish a wage rate for inmates and shall establish a rate of payment by inmates to reimburse the state for providing room and board.
  4. The TRICOR board may contract with food processors for the purposes of processing and packaging agricultural products produced in whole or in part by inmates, except inmates on parole or probation, or exchanging the agricultural products for food products of comparable value.
  5. The TRICOR board is authorized to develop joint ventures with private sector businesses upon such terms and conditions as the TRICOR board may deem to be in the best interest of the state. These ventures shall operate pursuant to the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L. 96-157, as amended) and in accordance with §§ 41-6-204, 41-6-205(a) and (c), 41-6-206 and 41-6-207. Section 41-6-205(b) also applies to ventures in which inmates are employed by private industries. Eligibility for participation will not be extended to those businesses that have ceased Tennessee operations within twenty-four (24) months of the initiation of the venture or during such venture. If the private sector business is doing business in Tennessee, the venture shall not cause the loss of jobs for Tennessee employees. Goods produced in these ventures may be sold on the open market.
  6. The TRICOR board is authorized to develop policies for the sale of TRICOR products to state, city and county employees. Any products sold directly to these employees shall not be made available for commercial resale. The board shall designate two percent (2%) of total annual sales from state, city and county employees to inmate educational programs. Policies developed by the TRICOR board as authorized by this section shall be reviewed by the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections prior to implementation of the sale of products to state, city and county employees. Policies developed by the TRICOR board shall take into account possible competition with retail merchants and the impact on state and local sales tax collections.
  7. The TRICOR board is authorized to develop policies for the sale of goods, wares or merchandise to inmates who are within the custody of the department of correction.
  8. Each violation of this section by a person, firm or corporation is a Class C misdemeanor.

Acts 1937, ch. 67, §§ 1, 2; C. Supp. 1950, § 12206.1 (Williams, §§ 12209.3, 12209.4); Acts 1972, ch. 576, § 22; 1978, ch. 542, § 1; T.C.A. (orig. ed.), § 41-418; Acts 1986, ch. 932, § 16; 1987, ch. 238, § 1, 2; 1989, ch. 591, § 113; 1991, ch. 78, §§ 1-3; 1992, ch. 1022, § 5; 1994, ch. 737, §§ 11, 12; 1996, ch. 564, § 2; 2003, ch. 378, §§ 1, 2; 2010, ch. 896, § 1; 2011, ch. 410, § 2(h); 2013, ch. 236, § 64; 2019, ch. 345, § 67.

Compiler's Notes. For notes on P.L. 96-157, referred to in this section, see 42 U.S.C. § 3711.

Provisions relating to prison-made goods may be found at 18 U.S.C. §§ 1761 et seq.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (f).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

Cross-References. Inmate-produced arts and crafts, title 41, ch. 6, part 3.

Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

Attorney General Opinions. Operation of prison industry program by privately managed prison, OAG 99-023, 1999 Tenn. AG LEXIS 28 (2/9/99).

41-22-117. [Reserved.]

In order that inmates may be more profitably employed in TRICOR programs for their own welfare and the welfare of the state, the department of correction is directed to:

  1. Employ personnel and purchase any necessary equipment and supplies for investigating and recording the essential facts in order to classify inmates according to:
    1. Their individual capacities, achievements and aptitudes;
    2. Their previous education, training and experience; and
    3. Other mental, physical and social characteristics;
  2. Establish educational classes supplementing and related to each of the TRICOR programs and services set up in §§ 41-22-118 — 41-22-124; and
  3. Note the progress of inmates in these classes and programs.

Acts 1937, ch. 278, § 1; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.1 (Williams, § 12209.6); impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-420; Acts 2003, ch. 187, § 5.

41-22-119. Purchase of articles by public agencies.

  1. All departments, institutions, agencies and political subdivisions of this state, that are supported in whole or in part by the state shall purchase from the TRICOR board all articles required by these departments, institutions, agencies or political subdivisions of the state that are produced, repackaged, assembled, warehoused or manufactured by TRICOR with the labor of inmates confined within the institutions or elsewhere employed within this state; provided, that the articles are certified pursuant to procedures approved by the procurement commission as being of satisfactory quality, being reasonable in price and available.
  2. In the procedures for certifying articles for purchase by state government, the procurement commission may consider, if it deems appropriate, the effect of certification on markets in the private sector; however, it is not the legislative intent that this effect, if considered, be a controlling factor in the board's decision.
  3. The board shall appoint a certification committee consisting of, but not limited to, a representative from the TRICOR board, the departments of general services and finance and administration and the office of the comptroller of the treasury that will advise the board.
  4. The TRICOR board shall submit requests for certification of articles together with supporting data regarding quality, price and availability pursuant to procedures approved by the procurement commission.
  5. No article shall be purchased by any department, institution, agency or political subdivision of the state from any other source unless excepted from §§ 41-22-118 — 41-22-124.
  6. Each member of the general assembly may purchase any office furniture and equipment manufactured by TRICOR for the purpose of furnishing the legislative offices of that member in the member's legislative district.
  7. The competitive bidding procedures set forth in title 12, chapter 3, part 5 do not apply to the purchase of articles manufactured or grown by TRICOR and certified pursuant to procedures approved by the procurement commission.

Acts 1937, ch. 278, § 2; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.2 (Williams, § 12209.7); impl. am. Acts 1955, ch. 102, § 1; Acts 1974, ch. 669, § 1; 1981, ch. 332, § 21; T.C.A. (orig. ed.), § 41-421; Acts 1988, ch. 903, § 3; 1994, ch. 737, § 14; 1996, ch. 564, § 2; 1999, ch. 299, §§ 1-4; 1999, ch. 487, § 1; 2002, ch. 526, §§ 1-4; 2011, ch. 295, § 19.

Compiler's Notes. Subsection (g) formerly referred to the competitive bidding procedures set forth in “§ 12-3-204 et seq.,” which provisions were transferred in 1981 to title 12, ch. 3, part 5. Subsequently, former title 12, ch. 3 was amended and reorganized by Acts 2013, ch. 403, §§ 8-70, effective July 1, 2013. Title 12, ch. 3, part 5 as amended provides for competitive solicitation procedures.

41-22-120. Agencies not required to purchase prison-made articles.

Exceptions from the operation of the mandatory provisions of §§ 41-22-11841-22-124 may be made in any case where, in the opinion of the procurement commission, articles so produced or manufactured do not meet the reasonable requirements of a department, institution, agency or political subdivision of the state. No department, institution, agency or political subdivision may be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the TRICOR board when articles produced or manufactured by it are certified pursuant to procedures approved by the procurement commission.

Acts 1937, ch. 278, § 3; impl. am. Acts 1939, ch. 11, §§ 1, 2; C. Supp. 1950, § 12209.3 (Williams, § 12209.8); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 22; T.C.A. (orig. ed.), § 41-422; Acts 1994, ch. 737, § 15; 1996, ch. 564, § 2; 2002, ch. 526, § 5; 2011, ch. 295, § 19.

41-22-121. Violations of § 41-22-120.

No voucher, certificate or warrant issued on the commissioner of finance and administration by any department, institution, agency or political subdivision shall be questioned by the commissioner or by the state treasurer on the grounds that § 41-22-120 has not been complied with by the department, institution, agency or political subdivision, but if intentional violation of § 41-22-120 by any department, institution, agency or political subdivision continues, after notice from the governor to desist, it constitutes a malfeasance in office and subjects the officer or officers or agents responsible for this violation to suspension or removal from office as may be provided by law in other cases of malfeasance.

Acts 1937, ch. 278, § 4; C. Supp. 1950, § 12209.4 (Williams, § 12209.9); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 41-423.

41-22-122. Catalogue of products.

  1. The TRICOR board shall cause to be prepared annually, at such times as it may determine, catalogues containing the description of all articles and supplies manufactured and produced by it pursuant to the provisions of §§ 41-22-118 — 41-22-124, copies of which catalogues shall be sent by it to all departments, institutions, agencies and political subdivisions of the state referred to in §§ 41-22-118 — 41-22-121.
  2. At least thirty (30) days before the commencement of each fiscal year, the proper official of each department, institution, agency or political subdivision shall report to TRICOR estimates for the fiscal year of the kind and amount of articles and supplies required by them for the ensuing year, referring such estimates to the catalogue issued by the TRICOR board insofar as articles and supplies indicated are included in that catalogue.
  3. The catalogue shall identify those articles and supplies that are certified pursuant to procedures approved by the procurement commission as required by § 41-22-119.

Acts 1937, ch. 278, § 5; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.5 (Williams, § 12209.10); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 23; T.C.A. (orig. ed.), § 41-424; Acts 1994, ch. 737, § 16; 1996, ch. 564, § 2; 2002, ch. 526, § 6; 2011, ch. 295, § 19.

41-22-123. Disposition of proceeds — Quarterly statement.

  1. All receipts from the sale of prison products shall be placed to the credit of the TRICOR board, which, except as provided in this part, is authorized to expend such moneys from this fund as may be necessary to procure tools, supplies and materials, replace equipment and to employ personnel and otherwise defray the necessary expenses incident to the employment of inmates as provided in this part.
  2. A profit and loss statement of TRICOR's operation shall be prepared quarterly, within the month following the end of the quarter, and a copy of this statement, certified by the fiscal officer of TRICOR, shall be sent to the comptroller of the treasury and to the commissioner of finance and administration. Any statement shall be approved by the comptroller of the treasury before it may be released for publication.

Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; mod. C. Supp. 1950, § 12209.6 (Williams, § 12209.11); impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 736, § 1; T.C.A. (orig. ed.), § 41-425; Acts 1994, ch. 737, § 17; 1996, ch. 564, § 2; 2003, ch. 187, § 6.

41-22-124. Expenditures for capital improvements.

  1. If the TRICOR board deems it desirable to use the proceeds from sales, revenues or other funds obtained from the operation of TRICOR for the purchase or construction of buildings, roads, walls, driveways, equipment or other capital improvements, the board shall make a written request to the comptroller of the treasury and the governor to obtain an authorization to expend the funds for any of those purposes. The written request shall describe the improvement and the estimated cost of the improvement.
  2. If the comptroller of the treasury and the governor approve the proposed expenditure, their approval shall be evidenced by endorsing their written approval upon the request and the same shall be the authority of the board to expend the funds for the improvement; provided, that it is unlawful to expend an amount greater than is stated in the approved request.
  3. If the amount of the expenditure exceeds two thousand five hundred dollars ($2,500) for buildings, walls or other capital improvements, the planning and construction of those improvements shall be under the requirements, direction and supervision of the state building commission.

Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.6 (Williams, § 12209.11); Acts 1957, ch. 155, § 1; T.C.A. (orig. ed.), § 41-426; Acts 1994, ch. 737, §§ 18, 19; 1996, ch. 564, § 2; 2003, ch. 187, § 7.

41-22-125. Manufacture of license plates and similar articles.

  1. The TRICOR board is authorized and empowered to manufacture numbered motor vehicle registration plates, highway and street signs and other kindred articles for the purpose of supplying the requirements of the state as provided in this part, and to sell to other cities, counties and states when deemed advisable by the board.
  2. The necessary machinery and equipment shall be purchased, as all other supplies are purchased, so as to properly equip the plant, and the number of inmates necessary to operate the plant shall be employed.

Acts 1923, ch. 94, §§ 1, 2; Shan. Supp., § 7581a27; Code 1932, § 12208; Acts 1972, ch. 701, § 1; T.C.A. (orig. ed.), §§ 41-427, 41-428; Acts 1994, ch. 737, § 20; 1996, ch. 564, § 2.

41-22-126. Purchase of license plates.

  1. The department of revenue is authorized and directed to contract for and purchase from the TRICOR board the requirements of the state for automobile number plates, to be paid for as if purchased from an individual dealer.
  2. The controlling feature in making such contracts shall be reasonable returns to the institution manufacturing the goods and a saving to the state in supplying the plates.

Acts 1923, ch. 94, § 3; Shan. Supp., § 7581a28; mod. Code 1932, § 12209; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-429; Acts 1994, ch. 737, § 21; 1996, ch. 564, § 2.

41-22-127. State or local public works projects.

    1. The commissioner of correction, with the approval of the governor and the appropriate commissioner, is authorized and directed to employ and work at state public works projects, such as the improvement, alteration, construction, repair or maintenance of state parks and highways, those inmates who, in the commissioner of correction's judgment, will be safe, humane, practicable or desirable to work outside the prison walls.
    2. The commissioner of correction, with the approval of the governor, is authorized to employ and work such inmates as are safe and desirable to work outside the prison walls at county, city or municipal public works projects if, in the discretion of the commissioner, the county, city or municipality provides adequate supervision of inmates to ensure the safety of the general public and to prevent the escape of the inmates.
    1. Any county, city or municipality desiring the use of inmates to perform public works projects shall make application to the commissioner of correction.
      1. The application shall state:
        1. The location and nature of the proposed project;
        2. The estimated length of time inmates would be required;
        3. The number of inmates that would be required; and
        4. The nature of the duties inmates are to perform.
      2. The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
    2. The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
  1. No inmate shall be required to perform public works projects for the state or any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate. Any project requiring the use of dynamite or any other explosive by an inmate is considered extremely dangerous for the purposes of this subsection (c).

Acts 1977, ch. 121, § 1; T.C.A., § 41-430.

41-22-128. Restrictions on release program facilities near schools, orphanages, child care centers, or similar establishments.

  1. There shall be no community residential facilities that accommodate state or federal adult inmates who are on work release or other community release or prerelease programs established within one thousand feet (1,000') of a public or private school, orphanage, child care center, or any similar establishment where groups of children from nursery age to grade twelve attend or reside.
  2. Subsection (a) applies only to counties having a population of seven hundred fifty thousand (750,000) or more, according to the 1980 federal census or any subsequent federal census, and to counties having a metropolitan form of government.

Acts 1986, ch. 897, § 1; 2000, ch. 981, § 63.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

41-22-129. Substandard housing renovation.

  1. The commissioner of correction, with the approval of the governor, is authorized to enter into cooperative agreements with county, city or municipal governments for the purpose of renovating substandard housing of persons determined by the department of human services to be of low income.
    1. Any county, city or municipality desiring the use of inmates to perform such work shall make application to the commissioner of correction.
      1. The application shall state:
        1. The location and nature of the proposed project;
        2. The estimated length of time inmates would be required;
        3. The number of inmates that would be required; and
        4. The nature of the duties inmates are to perform.
      2. The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
    2. The commissioner may grant all or any part of the number of inmates requested,  may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
  2. No inmate shall be required to perform work for any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate.

Acts 1987, ch. 241, § 1.

41-22-130. Inmate labor.

  1. Subject to the conditions set out in subsection (b), the commissioner of correction is authorized to utilize inmate labor to construct, renovate or repair prison facilities, including time-building institutions, classification centers, alternative incarceration units and other buildings used for the housing or care of inmates.
  2. Prior to using inmate labor for the purposes set out in subsection (a), the commissioner shall determine that the use will:
    1. Result in a cost savings to the state;
    2. Not compromise the safety of correction employees or the general public;
    3. Not substantially increase the likelihood of escapes and other breaches of security or the introduction of dangerous contraband into prison facilities; and
    4. Result in a finished product of a quality that is sufficient for the building being constructed, renovated or repaired.
  3. The commissioner is authorized to make such rules, regulations or departmental policy as the commissioner deems advisable in connection with the use of inmate labor for the construction, renovation or repair of prison facilities.

Acts 1991, ch. 204, § 1.

Part 2
Road Work by Inmates

41-22-201. Road work authorized.

The commissioner of correction, with the approval of the governor, is authorized to contract with the commissioner of transportation for the use of any or all inmates, except those for which it is undesirable or impracticable in the opinion of those officials, to work outside the walls of the main prison in constructing any new or maintaining any old public road in this state.

Acts 1981, ch. 378, § 1; T.C.A., § 41-501.

Cross-References. Felons and other prisoners to work on roads, §§ 41-2-12341-2-125.

Inmate labor for private purposes, §§ 41-2-148, 41-3-106.

Regional state workhouses, title 41, ch. 1, part 6.

Use of prison labor by department of transportation, § 54-5-128.

Volunteer prisoner work program, title 4, ch. 6, part 2.

41-22-202. Purchase of necessary equipment — Temporary stockades — Rules and regulations.

  1. The commissioner of correction, with the approval of the governor, is authorized and directed to purchase equipment, such as tools, road working machinery and motor trucks for the speedy transfer of the inmates from one point to another, that may become necessary in the judgment of the commissioner to effectually and economically carry out §§ 41-22-201 — 41-22-204.
  2. The commissioner is further authorized and directed to build temporary stockades in which to safely keep and house the prisoners working under the provisions of §§ 41-22-201 — 41-22-204 and to make such rules and regulations regarding their well being and safekeeping as in the commissioner's opinion are necessary.

Acts 1981, ch. 378, § 1; T.C.A., § 41-502.

41-22-203. Interdepartmental compensation.

  1. The commissioner of transportation shall pay the commissioner of correction for the use of inmates employed under §§ 41-22-201 — 41-22-204 out of the highway fund or any other fund under the commissioner of transportation's control. The commissioner of correction shall in turn, except as provided in this part, pay the moneys so received into the state treasury, where they shall be credited to the department of correction.
  2. The rate of pay shall not exceed the department of correction expenditures necessary to enable such inmates to perform the contracted labor while ensuring adequate security, plus an additional amount to be determined by the commissioners of correction and transportation for the purpose of funding § 41-22-204, but not to exceed ten percent (10%) of the amount paid by the department of transportation to the department of correction.

Acts 1981, ch. 378, § 1; T.C.A., § 41-503.

41-22-204. Special compensation for inmates.

The additional amount prescribed in § 41-22-203 shall be kept and reserved in a special fund for the use and benefit of the inmates so employed. This fund is to be reserved by the commissioner of correction and with the approval of the governor, to be used in making payments to deserving inmates, on a fair proportionate basis or to their dependents, in such sums and at such times as may be considered by the commissioner proper in order to reward good conduct, give the stimulus of hope to the inmates and best encourage them in discipline and efficiency.

Acts 1981, ch. 378, § 1; T.C.A., § 41-504.

41-22-205. Census of inmates for road work.

On or before March 1 of each year, the commissioner of correction shall prepare a census of all male inmates in the custody of the department who, in the commissioner's judgment, are available for work on the county roads and highways of the state and shall also make an estimate of the men who will be available by additions during the road working season.

Acts 1981, ch. 378, § 1; T.C.A., § 41-505.

41-22-206. Notification to counties — Preparation for work — Terms and conditions of employment.

When the census provided for in § 41-22-205 is completed, the county mayor of each county shall be notified by the commissioner of correction that certain inmates of the penitentiaries are available and subject to be employed upon the county roads, pikes and highways of the counties and that the county mayor may apply for the inmates' services, upon such terms and conditions as may be required by the commissioner. The county mayor may fix and select the quarters and shall prepare equipment for the working of the inmates on the county roads, pikes and highways that will be maintained, controlled, and operated by the county mayor. Whenever any county enters into a contract with the commissioner for employment of inmates of the penitentiaries, the inmates and all machinery used by them shall be under the absolute control of such officers as may be designated and provided by the commissioner, but the inmates shall be worked on such roads, pikes or highways as may be designated by the county employing them.

Acts 1981, ch. 378, § 1; T.C.A., § 41-506; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-22-207. Contract with county.

The commissioner of correction may, in the commissioner's discretion, contract with a county for building highways, if that work is being done with state allocated funds. Such a contract shall be made only upon the authority of the governor and upon the approval of the commissioner of transportation, and all work under the contract shall be performed by inmates of the penitentiaries.

Acts 1981, ch. 378, § 1; T.C.A., § 41-507.

41-22-208. Consideration of applications.

In the event two (2) or more counties make application for inmate labor, the applications shall be considered in the order in which filed with the commissioner of correction; provided, that the commissioner may reject any application if the commissioner determine that the inmates can be used to better advantage.

Acts 1981, ch. 378, § 1; T.C.A., § 41-508.

41-22-209. Rate of compensation — Payment of expenses.

  1. The rate of compensation for the labor of inmates of the penitentiaries shall be fixed and determined by the commissioner of correction and by the county legislative body entering into the contract and shall be in accordance with rules and regulations to be prescribed by the commissioner; provided, that the rate of compensation shall not be less than one dollar ($1.00) per day of ten (10) hours for labor of each inmate employed on the work.
  2. The commissioner is authorized to pay all necessary transportation of inmates, guards and equipment out of the correction budget.

Acts 1981, ch. 378, § 1; T.C.A., § 41-509.

41-22-210. Provision of equipment.

The commissioner of correction is authorized to purchase and provide all necessary equipment for the working of prisoners on the county roads, pikes and highways, and the equipment shall be paid out of the correction budget.

Acts 1981, ch. 378, § 1; T.C.A., § 41-510.

41-22-211. Period during which road work may be done.

Inmate employment and operation in road work may be during the period beginning April 1 and ending December 1, and no inmates of the penitentiaries shall be hired or worked in any county on road work during any other period of the year.

Acts 1981, ch. 378, § 1; T.C.A., § 41-511.

41-22-212. Quarters for inmates — Prison rules applicable.

The commissioner shall provide suitable quarters for the inmates employed on the state or county roads and all rules and regulations of the penitentiaries and all the laws applicable to the control, discipline, protection of or escape of inmates from the penitentiaries shall apply to those quarters and to the inmates wherever at work on the highways or roads.

Acts 1981, ch. 378, § 1; T.C.A., § 41-512.

41-22-213. Superintendents and guards.

The commissioner is authorized to employ and designate a person or persons as quarters and road superintendents and to employ as many guards as necessary in working inmates on the county roads, pikes, highways or railroads.

Acts 1981, ch. 378, § 1; T.C.A., § 41-513.

41-22-214. Payments under contract.

Where a contract is made with any county for inmate labor, payments therefor shall be made to the commissioner by the fifteenth of each and every month during the life of the contract.

Acts 1981, ch. 378, § 1; T.C.A., § 41-514.

41-22-215. Use of inmate labor on federally funded construction.

  1. Power is conferred upon the commissioner of correction, with the approval of the governor, to make and enter into agreements and contracts with the commissioner of transportation and any officer or agency of the federal government under the power conferred by any act of congress of the United States granting funds for the construction of roads, for the employment of inmates in the custody of the department of correction on such roads as the officer or agency of the federal government and the state department of transportation may desire to construct or reconstruct in cooperation with the United States government and state of Tennessee, or with the United States government, state of Tennessee and any county, or with the United States government and any county; provided, that no employment shall be required of any inmates that is not safe, healthful and suitable to the physical condition and attainments of the inmates.
  2. The rules of the commissioner of correction as permitted under this part shall be applicable in the employment of the inmates of the penitentiaries upon such agreements and contracts as may be entered into by an officer or agency of the federal government and the state department of transportation.

Acts 1981, ch. 378, § 1; T.C.A., §§ 41-515, 41-516.

Part 3
Road Work by Jail Inmates

41-22-301. Contracting board.

The county mayor, county clerk and sheriff of each county are constituted a board for their respective counties, whose duty it is to enter into contracts with public road commissioners or other officers or road contractors having the superintendence of working the public roads, for the employment on the public roads of inmates confined in the county jails for the nonpayment of fines and/or costs adjudged against them by the courts.

Acts 1899, ch. 358, § 1; Shan., § 1682a1; mod. Code 1932, § 2814; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 41-1301; Acts 2003, ch. 90, § 2.

Compiler's Notes. Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington, 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Contracts between county officials and department of transportation, § 41-2-125.

Felons sentenced to workhouse, § 41-2-123.

Inmate labor for private purposes, §§ 41-2-148, 41-3-106.

Portable workhouses for road work, § 41-2-101.

NOTES TO DECISIONS

1. Constitutionality.

In Tennessee, costs are not part of the punishment in a criminal case; therefore, the statutes permitting imprisonment for their nonpayment are void in that respect as violative of U.S. Const. amend. 13. Anderson v. Ellington, 300 F. Supp. 789, 1969 U.S. Dist. LEXIS 12591 (M.D. Tenn. 1969).

41-22-302. Contracts without delay.

The contracts are to be made without delay when an inmate is confined in the county jail. It is made the duty of those having the superintendence of the working of the public roads, or road contractors, to enter into contracts immediately with the board named in §  41-22-301 for the employment of the inmates.

Acts 1899, ch. 358, § 1; Shan., § 1682a2; Code 1932, § 2815; T.C.A. (orig. ed.), § 41-1302.

41-22-303. Guarding of work parties.

The contract shall be made according to the following provisions and restrictions:

  1. It is the duty of the sheriff of the county to select a guard for the inmates to guard them from the time they are removed from the county jail to be put to work until returned;
  2. It is the duty of the county legislative body to furnish the guard with picks to be placed on each inmate during the time of their removal from the county jail and employment on the public roads, to prevent them under any circumstances from escaping, and the guard shall be responsible for the safe return of the inmates to the county jail; and
  3. While guarding the inmates, the guard shall be clothed with the same authority, and the guard's duties and powers shall be the same, as pertain to sheriffs in the guarding of inmates.

Acts 1899, ch. 358, § 2; Shan., § 1682a3; Code 1932, § 2816; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1303.

41-22-304. Work day — Amount credited against fines and costs.

Inmates shall be worked on any of the public roads of the county. The same number of hours of labor per day as is required by the public road laws shall constitute a day's work. An inmate shall be allowed one dollar ($1.00) for each day's work, which amount shall be credited to the inmate's fine and costs.

Acts 1899, ch. 358, § 3; Shan., § 1682a4; Code 1932, § 2817; T.C.A. (orig. ed.), § 41-1304.

41-22-305. Punishment for refusal to work.

Any inmate refusing to work shall be fed only with one (1) meal per day until willing to render good service as a laborer and proves it by doing good work.

Acts 1899, ch. 358, § 6; Shan., § 1682a9; Code 1932, § 2822; T.C.A. (orig. ed.), § 41-1305.

41-22-306. Supervision.

Work shall be under the supervision of the guard having instructions from at least two (2) members of the board of employment on what road and places and how the guard shall have the work performed.

Acts 1899, ch. 358, § 3; Shan., § 1682a5; Code 1932, § 2818; T.C.A. (orig. ed.), § 41-1306.

41-22-307. Compensation of guard.

  1. The guard shall receive for services not exceeding one dollar ($1.00) per day for each day employed, or an amount not exceeding two dollars ($2.00) per day as the sheriff shall agree to pay. The county mayor, on the order of the county legislative body, shall draw a warrant on the county trustee, who shall pay the guard for services out of the county treasury.
  2. The sheriff of the county, or any of the sheriff's deputies, may act as guard for the inmates while they are absent from the jail, or the sheriff shall appoint a good person to serve as guard for the inmates during that time.

Acts 1899, ch. 358, § 3; Shan., § 1682a6; mod. Code 1932, § 2819; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1307; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

41-22-308. Part supplemental to workhouse provisions.

This part shall not be construed to conflict with chapter 2 of this title, providing for the construction of workhouses in any county or declaring any county jail a workhouse, but shall be construed as supplementary to that chapter, and this part shall apply to such counties as are not actually working all of their inmates confined in the county jail for nonpayment of fines and costs adjudged against them or that may hereafter not be actually working the inmates according to chapter 2 of this title.

Acts 1899, ch. 358, § 4; Shan., § 1682a7; Code 1932, § 2820; T.C.A. (orig. ed.), § 41-1308.

Compiler's Notes. Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington , 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution.

41-22-309. Counties acting jointly.

The county employment boards, created by this part, of any two (2) or more adjoining counties, when they deem it advisable, may combine the inmates of those counties and work them on the public roads of those counties, according to the rules and regulations provided in this part.

Acts 1899, ch. 358, § 5; Shan., § 1682a8; Code 1932, § 2821; T.C.A. (orig. ed.), § 41-1309.

Part 4
TRICOR Inmate Labor Act of 1994

41-22-401. Short title.

This part shall be known and may be cited as the “TRICOR Inmate Labor Act of 1994.”

Acts 1994, ch. 737, § 1; 2003, ch. 187, § 8.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

Cross-References. Prison work programs, title 41, ch. 22, part 1.

Restitution industries, title 41, ch. 6, part 2.

Road work by inmates, title 41, ch. 22, part 3.

41-22-402. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Equipment” includes, but is not limited to, motor vehicles, industrial machinery, agricultural machinery, office machinery, electronic equipment and computer equipment;
  2. “Raw materials” includes, but is not limited to, materials used in the production of goods and services produced or sold by TRICOR; and
  3. “TRICOR” means the Tennessee rehabilitative initiative in correction, the inmate program that provides:
    1. Manufacturing, business services or agricultural jobs for inmates, or any combination of those jobs;
    2. The training and skill development necessary for inmate employment in manufacturing, business services or agricultural jobs and in placement in its post-release program; and
    3. The marketing and sale of prison industry products and services.

Acts 1994, ch. 737, § 1; 2001, ch. 289, § 1; 2003, ch. 187, § 9; 2006, ch. 750, § 1.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

Acts 2006, ch. 750, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d and Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000e.

41-22-403. Legislative intent.

The intent of the general assembly and the policy of the state regarding the labor of inmates within the correctional system is as follows:

  1. The department of correction is responsible for establishing and assigning inmates to the following inmate programs:
    1. Academic and vocational education;
    2. Special needs programming;
    3. Inmate jobs necessary for supporting the operations of the prisons; and
    4. Inmate jobs providing services to the community, appropriately based on the custody level of the inmate as determined by department of correction policy;
  2. TRICOR has a mission to accomplish the following objectives:
    1. Work inmates in manufacturing, business services or agricultural jobs;
    2. Offset the costs of incarceration by generating revenue through the sale of products or business services;
    3. Develop work opportunities that minimize the impact on free-world jobs;
    4. Integrate work opportunities with education and vocational training;
    5. Develop good work habits and marketable skills;
    6. Develop and operate a post-release placement system; and
    7. Provide or create other programs and services as deemed necessary by TRICOR to support an inmate's rehabilitation and reintegration efforts; and
    1. The board created in § 41-22-404 is responsible for developing jobs, training and selecting department of correction inmates for participation in industry, business services or agricultural programs and for the sale of products or services for the purpose of generating revenue to offset the costs of incarceration.
    2. The department is responsible for assigning inmates to TRICOR jobs that are developed by the board of directors established in § 41-22-404.

Acts 1994, ch. 737, § 1; 2001, ch. 289, § 2; 2003, ch. 187, §§ 10, 11.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

Attorney General Opinions. Operation of prison industry program by privately managed prison, OAG 99-023, 1999 Tenn. AG LEXIS 28 (2/9/99).

41-22-404. Board created.

There is created a board to be known as the Tennessee rehabilitative initiative in correction (TRICOR) board, referred to in this part as “the board,” which has the authority to manage and operate the TRICOR programs for the state including its post-release placement program. The board's management and operation of TRICOR shall not interfere with the commissioner's duty to provide for the security of the institutions.

Acts 1994, ch. 737, § 1; 1996, ch. 564, § 1; 1999, ch. 390, § 1; 2001, ch. 289, § 3; 2003, ch. 187, § 12.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

The Tennessee rehabilitative initiative in correction (TRICOR) board, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2014, ch. 667, § 3 provided that the division of state audit shall return to the Tennessee rehabilitative initiative in correction board in 2015 for the purpose of conducting a limited audit to review actions taken by the board to address the issues raised in the findings of the July 2013 performance audit report.

41-22-405. Appointment — Membership.

    1. The board shall be appointed by the governor and shall be accountable to the governor and shall be accountable to the general assembly through the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections.
    2. A person with a conflict of interest with TRICOR or with this state may not serve on the board.
  1. The board shall consist of nine (9) voting members, one (1) of whom shall be the commissioner of correction, or the commissioner's designee; provided, that the commissioner of correction, or the commissioner's designee, shall not cast a vote unless a vote taken by other board members results in a tie, in which case the commissioner of correction, or the commissioner's designee, shall cast the deciding vote. All board members, other than the commissioner of correction or the commissioner's designee, shall be citizens and residents of this state.
  2. Board members shall have the following qualifications:
    1. At least one (1) member shall be a person of eminence in the field of manufacturing, preferably with experience in management at the executive level;
    2. At least one (1) member shall be a person of eminence in the field of labor, preferably having served as an official representing organized labor at the state level;
    3. At least one (1) member shall be a person of eminence in the field of agriculture, preferably having a strong decentralized farm management background;
    4. At least one (1) member shall be a person of eminence in fiscal management of a company or organization;
    5. One (1) member shall be an attorney with a strong background in business or corporate law;
    6. One (1) member shall be the executive director of the Tennessee state employees association;
    7. The remaining members shall be persons with professional experience appropriate for assisting in carrying out the mission of TRICOR, in disciplines such as sales and marketing and human resources and relations; and
    8. In making appointments to the board, the governor shall ensure that at least one (1) person appointed to serve on the board is a member of a racial minority and at least one (1) person appointed to the board is a female.
  3. In making initial appointments to the board, two (2) members shall be appointed to terms of one (1) year, two (2) members shall be appointed to terms of two (2) years, two (2) members shall be appointed to terms of three (3) years, and two (2) members shall be appointed to terms of four (4) years. Thereafter, all appointments shall be for terms of four (4) years. A vacancy occurring in the board shall be filled by the governor for the balance of the unexpired term. When a board member's term expires, the board may elect to have the incumbent continue to serve until a new appointment is made.
  4. The governor may remove a board member only for good cause and, in so doing, the governor shall submit in writing to the member and to the general assembly the basis for the removal.

Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 1, 3, 4, 13-15; 2011, ch. 410, § 2(i); 2013, ch. 236, § 64; 2016, ch. 762, §§ 3, 4; 2019, ch. 345, § 68.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (a)(1).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-22-406. Powers and duties of board.

      1. The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403. It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR.
      2. Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation.
      3. The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace.
      4. The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process.
      5. The state and local government committee of the senate and the committee of the house of representatives having oversight over corrections shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan.
    1. Notwithstanding any law to the contrary, the board has the authority to cause to be purchased and to develop the method for purchasing raw materials, supplies, services, not to include ongoing personnel, and equipment necessary for the production and timely delivery of TRICOR products.
    2. Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the TRICOR board shall have the authority to authorize the preparation and use of publications for the marketing and public education needs of TRICOR products and services in order to effectively carry out its mission.
  1. Notwithstanding any law to the contrary, it is the responsibility of the board to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of TRICOR are at the lowest possible price, while at the same time ensuring quality and timely delivery. The TRICOR board of directors shall file the policies and procedures with the  procurement commission for the commission's review and approval.
  2. The board has the authority to purchase supplies, services and equipment through the procurement office and is encouraged to exercise the option to purchase through the office under title 12, chapter 3, in circumstances that are advantageous for the timely delivery of low cost, quality products.

Acts 1994, ch. 737, § 1; 1995, ch. 75, § 1; 1999, ch. 300, § 1; 2003, ch. 187, §§ 16, 17; 2006, ch. 750, § 2; 2007, ch. 60, 2008, ch. 721, § 1; 2011, ch. 295, § 15(a)-(c), 19; 2011, ch. 410, § 2(j); 2013, ch. 236, § 64; 2014, ch. 755, §§ 2, 3; 2019, ch. 345, § 69.

Compiler's Notes. Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

Acts 2006, ch. 750, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of  Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d and Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000e.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Pursuant to Acts 2007, ch. 60, references to the department of personnel were changed to the department of human resources, effective April 24, 2007.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 755 took effect on April 21, 2014.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (a)(1)(E).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-22-407. Executive director of TRICOR.

  1. The board may employ an executive director of TRICOR. The board shall define the duties of the executive director and, within budgetary restrictions, establish the executive director's compensation.
  2. The executive director shall serve at the pleasure of the board.
  3. The executive director shall have the educational and business background and experience that will qualify the person to understand and evaluate the problems and needs of TRICOR and to direct and manage its activities for the board.
    1. Within budgetary limitations and in consultation with the commissioner of human resources, the board, through its executive director, may employ professional and staff employees as may be appropriate for the efficient discharge of its duties to manage and operate TRICOR.
    2. Notwithstanding § 8-30-202, the board, in consultation with the commissioner of human resources, shall have the option of declaring certain management positions, unique to the operations under the control of the board, a part of the executive service and under the exclusive control of the board.
    3. The board, in consultation with the commissioner of human resources, shall have the option of declaring other positions, unique to the operations under the control of the board, not to be a part of the preferred service and to be under the exclusive control of the board.
    4. Upon appointment on or after July 1, 2006, to a position defined by subdivision (d)(3), an employee is subject to a probationary period of employment, as established by the board in consultation with the commissioner of human resources. Upon successful completion of the probationary period, the employee may file a complaint concerning the application of a law, rule, or policy to appeal the dismissal, demotion, or suspension of the employee pursuant to § 8-30-318 and the rules of the department of human resources. This shall apply to all TRICOR employees already working in positions that are subsequently moved from the preferred service into a position defined by subdivision (d)(3) pursuant to this section. This section shall have no application to positions assigned to executive service pursuant to § 8-30-202, or to the positions defined by subdivision (d)(2).
    5. Those positions that are not unique to TRICOR and are preferred service shall remain preferred service.
    6. Notwithstanding any law to the contrary, the board has the authority to develop procedures for recruiting and hiring qualified personnel, including preferred service, in a timely manner and at salary levels competitive with the free market, in order to ensure the production and timely delivery of low cost, quality products and to assure that the operations of TRICOR are efficiently managed and thus offset the costs of incarceration. The board has the authority to hire staff through the department of human resources and is encouraged to exercise this option when it is consistent with the principles of free enterprise.
    7. This subsection (d) shall be implemented notwithstanding any other law to the contrary.

Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 18-20; 2003, ch. 229, § 1; 2006, ch. 750, § 3; 2012, ch. 800, § 49; 2014, ch. 755, §§ 4-8; 2016, ch. 762, §§ 5, 6.

Code Commission Notes.

In 2014, the Code Commission renumbered the subdivisions of subsection (d) by designating the former  introductory paragraph as subdivision (1) and renumbering the remaining subdivisions accordingly.

Compiler's Notes. Acts 2012, ch. 800, which rewrote the civil service provisions, substituted “§ 8-30-202” for “§ 8-30-208” in (d)(2) and for “8-30-208(b)” in (d)(4).

Former part 4, §§ 41-22-40141-22-407 (Acts 1980, ch. 797, §§ 1-7; T.C.A. §§ 41-2601 — 41-2607; Acts 1990, ch. 772, § 1, § 2) concerning the correctional enterprises board, was repealed by Acts 1994, ch. 737, § 1, effective July 1, 1994.

Acts 2006, ch. 750, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d and Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000e.

Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (d), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 755 took effect on April 21, 2014.

Cross-References. Prison work programs, title 41, ch. 22, part 1.

Restitution industries, title 41, ch. 6, part 2.

Road work by inmates, title 41, ch. 22, part 3.

Attorney General Opinions. Liability of TRICOR board members, OAG 06-034, 2006 Tenn. AG LEXIS 38 (2/14/06).

41-22-408. Contracts for services — Budgets — Operating plans — Monitoring.

  1. Notwithstanding any law to the contrary, the board has the authority to contract for professional services, for which reimbursement may be established on an incentive basis, and for the lease or purchase of property and equipment, to be provided for TRICOR, that is necessary for the efficient discharge of its duties to manage and operate.
  2. The board shall establish the budget for TRICOR based on its mission and shall submit its budget directly to the commissioner of finance and administration independent from the department of correction budget.
  3. The board shall approve the annual operating plan of TRICOR.
  4. The board shall establish and review, as necessary, the pricing policies for products and services provided by TRICOR.
  5. The board shall have such other powers as are necessary to accomplish the mission of TRICOR as the board establishes for itself and as are reviewed by the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections and the governor.
    1. The board has the duty to monitor TRICOR's operation and management and to impose such limitations as are prudent and necessary to assure that freedoms and powers are not abused. The board and TRICOR are subject to audit by the comptroller of the treasury as provided by law. With the approval of the comptroller of the treasury, the board may engage the services of a public accounting firm.
    2. The board shall assist TRICOR in maintaining the quality of management processes and reporting, providing for the adequacy of financial and accounting control systems and serving as a communications channel between TRICOR managers and auditors.
      1. The board shall adopt and publish bylaws to govern its operation and to provide an orderly change process by which its powers, responsibilities and functions may from time to time be modified. The bylaws of TRICOR shall be altered, rescinded or amended in the manner described in subdivision (f)(3)(B).
      2. The adopted bylaws may be altered, rescinded or amended by a two-thirds (2/3) vote of any regular or special meeting of the board of directors, if a copy of the proposed amendment is submitted in writing to each director at least ten (10) days before the meeting at which a vote upon the proposal is to be taken and upon ratification by the state and local government committee of the senate, the committee of the house of representatives having oversight over corrections and the governor or the governor's designee.

Acts 1994, ch. 737, § 1; 2003, ch. 187, §§ 21-29; 2006, ch. 750, § 4; 2011, ch. 410, § 2(k); 2012, ch. 925, § 3; 2013, ch. 236, § 64; 2019, ch. 345, § 70.

Compiler's Notes. Acts 2006, ch. 750, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d and Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000e.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives” in (e) and (f)(3)(B).

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-22-409. Meetings.

  1. The board shall meet at least four (4) times each year to conduct business and may also hold public hearings to receive the views of the public or to gather information. The board may meet at any time on call of the chair or a majority of the members. Each member of the board or of a committee of the board shall be given reasonable written notice of each meeting of the board or the committee.
  2. The chair may appoint such committees from the membership of the board as may be necessary to expeditiously and thoroughly perform the business of the board.
  3. A quorum consists of a majority of the board for meetings of the board and consists of a majority of a subcommittee for meetings of a subcommittee.
  4. Roberts' Rules of Order shall govern meetings of the board when not in conflict with specific bylaws or other rules as may be adopted by the board.

Acts 1994, ch. 737, § 1.

41-22-410. Service without compensation — Reimbursement of expenses.

Board members shall serve without compensation. Board members are entitled to reimbursement for actual travel expenses in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.

Acts 1994, ch. 737, § 1.

41-22-411. Performance evaluation.

Board performance shall be evaluated on the basis of the degree to which TRICOR accomplishes the elements of its mission. Performance shall be reported each year in an annual report by TRICOR through the board to the governor and to the general assembly through the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections.

Acts 1994, ch. 737, § 1; 2003, ch. 187, § 30; 2011, ch. 410, § 2(l ).; 2013, ch. 236, § 64; 2019, ch. 345, § 71.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Amendments. The 2019 amendment substituted “committee of the house of representatives having oversight over corrections” for “state government committee of the house of representatives”.

Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019.

41-22-412. Volunteer status of board members.

Each board member is deemed to be a participant in a volunteer program as referenced in § 8-42-101 and is entitled to the same rights and privileges as prescribed in §  8-42-101 for volunteers.

Acts 1994, ch. 737, § 1.

Attorney General Opinions. Liability of TRICOR board members, OAG 06-034, 2006 Tenn. AG LEXIS 38 (2/14/06).

41-22-413. Work training for juvenile offenders.

TRICOR may enter into an interagency agreement with the department of children's services to provide work training opportunities for juvenile offenders. The juvenile offenders shall at all times be kept separate and removed from adult offenders in the custody of the department of correction during the work training opportunities.

Acts 2007, ch. 472, § 1.

Compiler's Notes. Acts 2010, ch. 994, § 1 purported to enact its provisions as § 41-22-413. Acts 2007, ch. 472, § 1 had previously enacted its provisions as § 41-22-413; therefore, the provisions of ch. 994 were codified as § 41-22-414.

41-22-414. Offsetting costs of incarceration by generating revenue — Sales of surplus equipment and materials.

    1. It is the intent of the general assembly, as stated in § 41-22-403(2)(B), that TRICOR has as part of its mission to offset the costs of incarceration by generating revenue through the sale of products in lieu of state appropriated funds.
    2. It is further the intent of the general assembly, as set out in § 41-22-406(a)(1)(A), that the TRICOR board be as free as possible to operate its facilities and to pursue its mission with the principles of free enterprise and that it be given the powers necessary to effectively carry out its mission.
  1. Notwithstanding any law to the contrary, the TRICOR board, within the principles of free enterprise, and for the purpose of carrying out its legislative intent as stated in subsection (a), is specifically authorized to sell, as surplus property, TRICOR equipment and TRICOR raw materials which have been determined by TRICOR to be obsolete, outmoded, or no longer useable by TRICOR. Such surplus property sales may be made to businesses, government or nonprofit organizations or by auction to the public. The TRICOR board may obtain the advice and assistance of the chief procurement officer and, in circumstances which are advantageous for the timely disposal of such surplus property, is encouraged to dispose of it through the procurement office under title 12, chapter 2.

Acts 2010, ch. 994, § 1; 2011, ch. 295, § 15(a), (d).

Compiler's Notes. Acts 2010, ch. 994, § 1 purported to enact its provisions as § 41-22-413. Acts 2007, ch. 472, § 1 had previously enacted its provisions as § 41-22-413; therefore, the provisions of ch. 994 were codified as § 41-22-414.

41-22-109. Contracts for sale or manufacture of products.

41-22-115. Pricing of manufactured articles.

41-22-118. Classification and training of inmates.

Chapter 23
Interstate Compacts

Part 1
Interstate Corrections Compact

41-23-101. Short title.

This part shall be known and may be cited as the “Interstate Corrections Compact.”

Acts 1973, ch. 32, § 1; T.C.A., § 41-1901.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 2.84.

41-23-102. Interstate corrections compact.

The interstate corrections compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

Article 1. Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

Article 2. Definitions

As used in this compact, unless the context clearly requires otherwise:

  1. “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution;
  2. “Institution” means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (a) may lawfully be confined;
  3. “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had;
  4. “Sending state” means a state party to this compact in which conviction or court commitment was had; and
  5. “State” means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article 3. Contracts

  1. Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
    1. Its duration;
    2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;
    3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
    4. Delivery and retaking of inmates; and
    5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
  2. The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

Article 4. Procedures and Rights

  1. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such officials may direct that the confinement be within an institution within such territory of the other party state, the receiving state to act in that regard solely as agent for the sending state.
  2. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
  3. Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article 3.
  4. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify the record to the official designated by the sending state, in order that each inmate may have official review of such inmate's record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
  5. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state.
  6. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Such record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection (f), the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
  7. Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
  8. Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.
  9. The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate, shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

Article 5. Acts Not Reviewable in Receiving State: Extradition

  1. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
  2. An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Article 6. Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

Article 7. Entry into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state.

Article 8. Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Article 9. Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Article 10. Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Acts 1973, ch. 32, §§ 2-12; T.C.A., § 41-1902.

Compiler's Notes. The interstate corrections compact, created by this section, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

41-23-103. Powers of commissioner of correction.

  1. The commissioner of correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may, in the commissioner's discretion, delegate this autho