Part 1
General Provisions

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).

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.

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.
8. 1. 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.
   2. 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.

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.

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. 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).
2. 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.
3. 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).

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).

41-2-110. Accounts and reports.

1. 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.
2. 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.
3. 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.
4. 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, §§ 40-24-102 — 40-24-107.

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).

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.

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.

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, §§ 4-6-109 — 4-6-113.

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.

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).

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.
2. 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.
3. 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.
4. 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).

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 .

2. 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.
3. 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.

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.
3. 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.
   5. 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.
   6. 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.
   7. 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).

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.
2. 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.
3. 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.
4. 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).

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 §§ 41-2-127 — 41-2-132. 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.
3. 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.
4. 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.

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. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).

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.
2. 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.
3. 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.
4. 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.
2. 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.
3. 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.

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.

41-3-101. 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.

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.

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.
2. 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.
3. 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.
4. 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.

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).

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).

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.

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.

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.

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).

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).

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).

41-4-117. Violation as misdemeanor.

A violation of any of the provisions of §§ 41-4-108 — 41-4-116, 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 §§ 41-4-118 — 41-4-120 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, §§ 40-24-102 — 40-24-106.

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. 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.
2. 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).

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).

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 §§ 41-4-131 — 41-4-133.

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.

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.

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).

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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).

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.
2. 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.
3. 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.

Chapter 6
Restitution

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, 2024. See §§ 4-29-112, 4-29-245.

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.

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.

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.
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; 2020, ch. 711, § 7.

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.”

Amendments. The 2020 amendment deleted the second sentence of (b) which read: “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.”

Effective Dates. Acts 2020, ch. 711, § 11. June 15, 2020.

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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
   3. 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.

Part 1
General Provisions

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.

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.

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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
3. 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.
4. 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. 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.
2. 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.
3. 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.
4. The executive director shall also submit periodic reports to the board that it may direct.
5. 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. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

Part 1
Reception of Inmates

Part 1
General Provisions

Part 1
Interstate Corrections Compact

41-24-101. Short title.

This chapter shall be known and may be cited as the “Private Prison Contracting Act of 1986.”

Acts 1986, ch. 932, § 1.

Cross-References. Penalty for violation of standards set for private facilities, § 41-4-140.

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

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).

Privatization and Prisons (E.S. Savas), 40 Vand. L. Rev. 889 (1987).

Tennessee's Private Prison Act of 1986: An Historical Perspective with Special Attention to California's Experience (Ward M. McAfee), 40 Vand. L. Rev. 851 (1987).

The Implications of Prison Privatization on the Conduct of Prisoner Litigation Under 42 U.S.C. Section 1983 (Susan L. Kay), 40 Vand. L. Rev. 867 (1987).

The Privatization of Correctional Institutions: The Tennessee Experience (W.J. Michael Cody, Andy D. Bennett), 40 Vand. L. Rev. 829 (1987).

41-24-102. Chapter definitions.

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

1. “Commissioner” means the commissioner of correction;
2. “Correctional services” means the following functions, services and activities, when provided within a prison or otherwise:
   1. Education, training and jobs programs;
   2. Recreational, religious and other activities;
   3. Development and implementation assistance for classification, management information systems, or other information systems or services;
   4. Food services, commissary, medical services, transportation, sanitation or other ancillary services;
   5. Counseling, special treatment programs, or other programs for special needs;
   6. Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and
   7. Operation of transitional facilities;
3. “Department” means the department of correction;
4. “Prison” or “facility” means any adult institution operated by or under the authority of the department;
5. “Prison contractor” or “contractor” means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department;
6. “TDOC liaison” means any person appointed by the commissioner to act as the commissioner's on-site designee so that powers and duties not delegable to the contractor shall be carried out with the authority of the state; and
7. “Transitional facility” means any adult institution operated by a nonprofit entity under the authority of the department providing short-term transitional services to offenders within one (1) year of release on parole or expiration of sentence, excluding offenders convicted of a sexual offense; provided, however, that the total number of such facilities statewide shall not exceed four (4), and that the total number of beds in such facilities statewide shall not exceed, collectively, one hundred fifty (150).

Acts 1986, ch. 932, § 2; 2001, ch. 132, §§ 1, 2; 2010, ch. 1041, § 1.

41-24-103. Contracts for correctional services.

1. The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter.
2. Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§ 12-4-109 and 12-4-110 [See the Compiler’s Notes] and any additional requirements specified in this chapter.
3. A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates.
4. Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.
5. Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.

Acts 1986, ch. 932, § 3; 1991, ch. 176, § 1; 2001, ch. 132, § 3.

Compiler's Notes. Former §§ 12-4-109 and 12-4-110, referred to in this section, were recodified by Acts 2013, ch, 403, effective July 1, 2013.  Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1 and 3. Provisions similar to former § 12-4-110 were transferred to § 12-3-303.

41-24-104. Review and approval of contract proposals — Price and cost adjustments — Cancellations.

1. Any contract for correctional services as defined in § 41-24-102(2)(F) shall be entered into only after each of the following requirements and/or conditions are met:
   1. Any request for proposals, any original contract, any contract renewal and any price or cost adjustment or any other amendment to any contract shall first be approved by the following:
      1. The state building commission;
      2. The attorney general and reporter; and
      3. The commissioner;
   2. 1. The fiscal review committee shall review any request for proposals, any original contract and any proposed contract renewal and may submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to such authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs;
      2. Any request for proposals, any original contract and any proposed contract renewal shall be submitted by the department of correction to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections. The committees may review and submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to those authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs;
   3. To be considered for an award of a contract, the proposer must demonstrate to the satisfaction of each of the officials set forth in subdivision (a)(1) that it has:
      1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract;
      2. The ability to comply with applicable correctional standards and specific court orders, if required; and
      3. Demonstrated history of successful operation and management of other correctional facilities; and
   4. Proposer must agree that the state may cancel the contract at any time after the first year of operation, without penalty to the state, upon giving ninety (90) days' written notice.
2. 1. Any contract pursuant to this section may provide for annual contract price or cost adjustments; provided, that any adjustments may be made only once each year effective upon the anniversary of the effective date of the contract. If any adjustment is made pursuant to terms of the contract, it shall be applied to total payments made to the contractor for the previous contract year and shall not exceed the percent of change in the average consumer price index (all items-city average), which is published by the United States department of labor, bureau of labor statistics, between that figure for the latest calendar year and the next previous calendar year.
   2. Any price or cost adjustments to any contract different than those authorized by subdivision (b)(1) may be made only if the general assembly specifically authorizes those adjustments and appropriates funds for that purpose, if required.
3. 1. No award of any contract shall be made unless an acceptable proposal is received pursuant to any request for proposal. An “acceptable” proposal means a proposal that meets all the requirements or conditions or both set forth in this chapter and meets all the requirements in the request for proposal.
   2. No proposal shall be accepted unless:
      1. The proposal offers a level and quality of services that are at least equal to those that would be provided by the state in accordance with § 41-24-105; and
      2. The cost of the private operation and the cost to the state to monitor the private operation, shall be at least five percent (5%) less than the state's cost for essentially the same services in accordance with § 41-24-105 as determined by the department of correction and reviewed by the office of the comptroller.
   3. Should the state be required to assume the operation of any facility contracted under this chapter, preference in state employment shall be given to persons who are employees of the contractor at the time of the state's assumption of operation of that facility.
   4. Any preference in employment must be in compliance with title 8, chapter 30, and § 41-1-116, and performance of duties as an employee of the contractor must have been satisfactory.

Acts 1986, ch. 932, § 4; 1991, ch. 176, § 2; 2001, ch. 132, §§ 4-6; 2011, ch. 410, § 2(m); 2013, ch. 165, § 1; 2013, ch. 236, § 65; 2019, ch. 345, § 73.

Code Commission Notes.

For fiscal year CPI changes, see the County Technical Assistance Service website at http://www.ctas.tennessee.edu.

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 representative” in (a)(2)(B).

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

Attorney General Opinions. Comparative evaluation of privately managed and state managed prisons for contract renewal, OAG 99-170, 1999 Tenn. AG LEXIS 138 (8/30/99).

41-24-105. Performance criteria for contracts — Contract term and renewal — Comparison of performance — Reporting.

1. Prior to the awarding of any contract to provide correctional services as defined in § 41-24-102(2)(F), the state shall establish objective performance criteria and cost criteria for both the state and private contractor. The performance criteria shall measure the quality of management, security and safety, personnel training, inmate programs and treatment and other topics deemed appropriate. The performance criteria and cost criteria shall be established and incorporated as requirements in any proposed request for proposal and any contract and shall be used as the basis for any comparison between the state and any contractor.
2. For any contract to provide correctional services as defined in § 41-24-102(2)(F), the initial contract term shall be for a period of three (3) years in order to allow the contractor sufficient time to demonstrate its performance and to provide sufficient information to allow a comparison of the performance of the contractor to the performance of the state in providing similar services; provided, however, to allow sufficient time for completion and review of any comparative evaluation, that the initial term may exceed three (3) years by a period of up to four (4) months as necessary to make the end of the initial term coincide with the state's fiscal year. The initial contract may include an option to renew for an additional period of two (2) years, subject to this section. The comparison or comparative evaluation between the state and private contractor shall not serve as the basis for contract renewal pursuant to subsection (c), but shall serve as a consideration.
3. After the first two (2) years of operation, but before renewing the initial contract, the performance of the contractor shall be compared to the performance of the state for similar services as set out in the contract. The contract may be renewed only if the contractor is providing essentially the same quality of services as the state at a cost of five percent (5%) lower than the state as set out in the contract, or if the contractor is providing services superior in quality to those provided by the state at essentially the same cost as set out in the contract. For the purposes of this subsection (c) and for comparison, “essentially the same” means the difference is no greater than five percent (5%). For the purpose of this section and comparison “superior” means a difference greater than five percent (5%). The methodology for determining the measurement of five percent (5%) differences shall also be set out in the request for proposal and contract.
4. The quality of services provided by the contractor and by the state shall be compared by a committee designated by the speakers of the senate and the house of representatives. The committee shall determine the quality of services provided by the contractor and the state by applying the performance criteria set out in the request for proposal and contract pursuant to subsection (a) and provide a numerical score for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed.
5. The fiscal review committee, or, in the absence of that committee, any other committee designated by the speakers of the senate and the house of representatives, shall compare the cost measures as established in this chapter and set out in the request for proposal and the contract for service and provide a prisoner per day cost for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed.
6. Notwithstanding any law to the contrary, a contract to provide correctional services as defined in § 41-24-102(2)(F) may be extended beyond the term specified in subsection (b) as determined necessary and appropriate by the commissioner for the purpose of evaluating the department’s operational strategy for the use of the contract facility. Any such extension may be for a period not to exceed twelve (12) months. A contract amendment accomplishing such an extension shall require the approval of the authorities listed in § 41-24-104(a)(1) and the opportunity for review and comment by the entities listed in § 41-24-104(a)(2).

Acts 1986, ch. 932, § 5; 1991, ch. 176, §§ 3, 4; 2001, ch. 132, § 7; 2006, ch. 883, § 1; 2011, ch. 410, § 2(n); 2012, ch. 936, § 1.

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.

Attorney General Opinions. Comparative evaluation of privately managed and state managed prisons for contract renewal, OAG 99-170, 1999 Tenn. AG LEXIS 138 (8/30/99).

41-24-106. Standards of security — Resumption of state control on termination of contract.

Notwithstanding any other provision of this chapter to the contrary, prior to entering a contract for providing the security function for any prison, such as providing correctional officers or other persons providing security and control over inmates, the following requirements shall be met:

1. A plan shall be developed and certified by the governor that demonstrates the method by which the state would resume control of the prison upon contract termination. This plan shall be submitted for review and comment to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections and the committees shall solicit comments from law enforcement agencies, district attorneys general, and criminal judges in the county in which the prison is located and the surrounding counties. State officials responsible for approving any contract for the security function or any contract that includes provision of security are encouraged to await the comments of the state and local government committee of the senate and the state government committee of the house of representatives prior to executing any such contract; and
2. The commissioner shall certify to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections that the security procedures proposed by the contractor are equal or superior to the security procedures in effect at existing state-operated prisons and the commissioner shall comment on the relationship of the procedures proposed by the contractor to each standard of security and control specified in the standards for adult correctional institutions by the American Correctional Association.

Acts 1986, ch. 932, § 6; 2011, ch. 410, § 2(o), (p); 2013, ch. 236, § 64; 2019, ch. 345, § 74.

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 (1) and (2).

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

41-24-107. Financial information from contractor — Insurance requirements — Sovereign immunity.

1. Notwithstanding any other provision of this chapter to the contrary, no contract for correctional services as defined in § 41-24-102(2)(F), shall be entered into unless the following requirements are met:
   1. The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and
   2. The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether:
      1. The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;
      2. The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;
      3. The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and
      4. The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.
2. The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.

Acts 1986, ch. 932, § 7.

41-24-108. Application of certain criminal laws to contractor-operated facilities.

The provisions of title 39, chapter 16, including, without limitation, § 39-16-201 and §§ 39-16-605 — 39-16-608, shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.

Acts 1986, ch. 932, § 8; 1996, ch. 675, § 43.

41-24-109. Monitoring of contractor performance — Reports.

In addition to other powers and duties prescribed by law, the commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections or any other legislative committee regarding the performance of the contractor. The comptroller of the treasury shall audit the performance of the department of correction and the private contractor to ensure that the state is receiving the quality and level of services as described in the contract based upon the performance criteria, the monitoring process and any applicable sanctions that might be incurred. The comptroller shall report annually, or as otherwise requested, to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections.

Acts 1986, ch. 932, § 9; 2001, ch. 132, § 8; 2011, ch. 410, § 2(q), (r); 2013, ch. 236, § 64; 2019, ch. 345, § 75.

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” twice.

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

41-24-110. Powers and duties not delegable to contractor.

No contract for correctional services shall authorize, allow or imply a delegation of the authority or responsibility of the commissioner to a prison contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release and parole eligibility dates;
2. Developing and implementing procedures for calculating and awarding sentence credits;
3. Approving inmates for furlough and work release;
4. Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in that work; and
5. Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody; or taking any disciplinary actions.

Acts 1986, ch. 932, § 10.

Attorney General Opinions. Operation of prison industry program by privately managed prison, OAG 99-023, 1999 Tenn. AG LEXIS 28 (2/9/99).

41-24-111. Application of certain administrative laws to contractor.

All existing provisions of law shall apply to a prison contractor except as provided in this section or otherwise provided in this chapter:

1. Title 12, chapter 3, relative to public purchases, shall not apply to purchases and procurements of a prison contractor providing correctional services;
2. Title 8, chapter 30, relative to state service, shall not apply to employees of a prison contractor;
3. A prison contractor providing correctional services shall not be bound by provisions of law governing the appointment, qualifications and duties of wardens, superintendents and other correctional employees, including provisions of title 4, chapter 6, and chapter 1 of this title, except as required to comply with the Constitution of Tennessee; and
4. Title 8, chapters 34 and 35, relative to membership in the Tennessee consolidated retirement system, shall not apply to employees of a prison contractor, except as provided specifically in this chapter.

Acts 1986, ch. 932, § 11; 2012, ch. 800, § 49.

Compiler's Notes. Acts 2012, ch. 800, § 1 provided that the act, which amended subdivision (2), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

41-24-112. Consolidated retirement system.

1. The following provisions shall govern eligibility for membership in the Tennessee consolidated retirement system for employees of a prison contractor providing correctional services as defined in § 41-24-102(2)(F):
   1. Department of correction employees in positions under the control and supervision of the department that become subject to a contract with a prison contractor and who are members of the retirement system immediately preceding the contract implementation date shall remain eligible to continue membership under the same conditions that apply to state employees. Those employees shall make the same contributions and be eligible for the same benefits as state employees; and
   2. Any other person, including any person employed or re-employed after the date a prison contractor assumes the management and operation of a department facility, shall not be eligible for membership in the Tennessee consolidated retirement system.
2. An employee who participates in the Tennessee consolidated retirement system may not participate in any retirement plan offered by the prison contractor. Any employee eligible under subsection (a) may continue membership or may elect to withdraw membership from the retirement system as follows:
   1. An election to withdraw shall take place within thirty (30) days after the employee completes one (1) year of employment under the prison contractor;
   2. Upon the election to withdraw, the employee may receive a refund of accumulated contributions;
   3. The election to withdraw constitutes a waiver of any right, present or future, to reestablish that service at a later date based on employment at a correctional facility under a prison contractor; and
   4. If an election to withdraw is not made within the thirty-day period, the employee shall be deemed to have elected continued membership in the retirement system. Withdrawal at a later date will be permitted only upon the termination of service with the prison contractor.
3. In no event will a department employee be allowed to retire and receive benefits while continuing employment with a prison contractor.
4. The prison contractor shall make normal contributions, special accrued liability contributions, and cost of living contributions, as determined by an actuarial valuation, in the same way as for state employee members, for one (1) year for each employee described in subsection (b) and for each employee who thereafter elects to continue membership in the retirement system.
5. The prison contractor shall pay contributions to the board of trustees of the retirement system according to a schedule set by the board.
6. The department shall serve as administrative agent between the prison contractor and the Tennessee consolidated retirement system.

Acts 1986, ch. 932, § 12.

41-24-113. Rights of employees of contractor.

1. The following provisions shall govern the rights of employees of the state who become employees of the contractor.
2. Any employee of the contractor who was formerly an employee of the state shall have the following rights while in the employ of the contractor:
   1. The employee shall be allowed to be a member of any qualified employee organization pursuant to § 8-23-204 and the employee shall be allowed, if the employee so elects, to pay dues in the qualified employee organization through payroll deduction; provided, that no employee of a contractor shall be deemed a state employee for the purpose of determining whether a given employee organization qualifies for payroll deduction of membership dues pursuant to § 8-23-204, nor shall the employee's membership in any employee organization qualified under § 8-23-204 be considered to be a violation of § 8-23-204;
   2. The contractor shall give a hiring preference for available positions to laid-off employees of the department; and
   3. Employees laid off by the contractor shall be given the same reemployment rights with the state as current state employees.
3. Any employee of the contractor who was formerly a state employee, who ceases employment with the contractor and returns to the employ of the state, shall have the following rights:
   1. The employee shall retain all sick leave and annual leave that has been accumulated, but not greater than the amounts of leave that would have been accumulated had the employee been continuously in the employ of the state;
   2. The employee shall be credited with any time of service with the contractor toward calculation of longevity pay benefits; and
   3. The employee shall be admitted to the state group insurance program without proof of insurability.

Acts 1986, ch. 932, § 13.

41-24-114. [Reserved.]

The commissioner is authorized and directed to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as required to effectuate the purposes of this chapter.

Acts 1986, ch. 932, § 15.

41-24-116. Escape from private prison or facility.

Section 39-16-606 shall apply to the appropriate official of a prison or facility operated by a private prison contractor when any inmate housed in the prison or facility escapes from the private contractor prison or facility.

Acts 1998, ch. 829, § 1.

41-24-117. Records relating to inmates in private facilities.

The records and other documents concerning any inmate who is sentenced to the custody of the department of correction and is being housed in a prison or facility operated by a private prison contractor shall be public records to the same extent such records are public if an inmate is being housed in a department of correction facility.

Acts 1998, ch. 942, § 1.

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

41-24-118. Transfer of employees of community services agencies to the department of correction.

1. Notwithstanding any provisions of law to the contrary, including [former] § 8-30-309, and recognizing the years of faithful and dedicated service to the department by the employees of community services agencies providing correctional health services for the department, community services agency employees who serve in jobs that would be classified as career service, as defined in [former] § 8-30-208, had they been employed in the state service, and whose functions and positions are transferred to the department by the commissioner on or before July 1, 2005, shall be transferred into the department and shall receive the benefits and protection of career service status, and shall be eligible for participation in the state health insurance plan on June 7, 2005, without further examination or competition.
2. No employee so transferred shall be subject to § 8-30-308, as a result of this transfer, if the employee has worked for the community services agencies for a length of time equal to the probationary period applying to the equivalent state service position; and, if not, the employee shall complete the probationary period after the employee's transfer to the department.
3. All transfers shall take place no later than July 1, 2005.
4. Transfers of employees from the community services agencies to the department, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; provided, however, that this shall not impair the department's authority, through established policies and procedures, to correct salary disparities.
5. Any employee so transferred shall be eligible for promotion pursuant to title 8, chapter 30, after the transfer takes effect.

Acts 2005, ch. 358, § 1; 2012, ch. 800, § 49.

Compiler's Notes. Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (b), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

41-24-119. 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, after May 8, 2007, no prison contractor shall contract to accept an out-of-state prisoner for incarceration within any correctional facility operated by the prison contractor within Tennessee 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.

Acts 2007, ch. 110, § 2.

41-25-101. International transfer of convicted criminals.

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders who are citizens or nationals of foreign countries to those foreign countries of which they are citizens or nationals, the governor or the governor's designee is authorized, subject to the terms of the treaty, to act on behalf of the state of Tennessee and to consent to the transfer of the convicted criminal felons. The governor or the governor's designee is authorized to develop policies, procedures and processes to carry out the mandates of this section.

Acts 1999, ch. 213, § 1.

41-51-101. Protection against bloodborne pathogens.

The superintendent, director or warden of any correctional institution or county or municipal jail or workhouse shall provide training in universal precaution from bloodborne pathogens for all employees at risk for potential occupational exposure to bloodborne pathogens, including, but not limited to, hepatitis B or HIV (AIDS). Voluntary vaccinations shall be provided and strongly encouraged for all employees at risk. In order to increase the awareness of the need for practicing universal precaution, the superintendent, director or warden may periodically warn all employees at risk of potential exposure that a portion of the inmate population is likely to be infected with a bloodborne pathogen.

Acts 1994, ch. 734, § 1.

41-51-102. Exposure to infectious diseases by inmates.

1. It is the intent of the general assembly to protect the health and safety of the citizens of Tennessee through control of the spread of infectious diseases. The purpose of this section is to require a correctional institution to inform an employee, contract employee or visitor of the infectious disease status of an inmate if the person has potentially been exposed to an infectious disease by the inmate.
2. For purposes of this section, the following definitions apply:
   1. “Bloodborne pathogen” means the pathogenic microorganism that is present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV);
   2. “Exposure incident” means a specific eye, mouth, other mucous membrane, skin or parenteral contact with blood or other potentially infectious material that results from the performance of an employee's duties or during a visit to a correctional institution, county or municipal jail or workhouse; and
   3. “Source individual” means any inmate, living or dead, involved in an exposure incident.
3. Following a report of an exposure incident, a superintendent, director or warden of a correctional institution, county or municipal jail or workhouse shall test the source individual, or source individuals, with or without the source individual's consent, to determine bloodborne pathogen infectivity.
4. The superintendent, director or warden of the penitentiary, correctional institution, county or municipal jail or workhouse shall disclose the results of the testing to each correctional employee, law enforcement officer or visitor who was involved in the exposure incident and who reasonably believes that that person may have been exposed to a serious or life-threatening disease or pathogen. Disclosure of the inmate's test results to the correctional employee or law enforcement officer shall occur no later than twenty-four (24) hours after the results are known by the proper correctional officials, unless, following a reasonable effort, all employees or officers exposed cannot be notified within that twenty-four hour period.
5. This section does not authorize the release of confidential information to members of the public in violation of § 10-7-504. For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential.

Acts 1996, ch. 806, § 1; 2002, ch. 709, § 1.

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

Law Reviews.

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

41-51-103. Deceased inmates infected by bloodborne pathogens — Notice to handlers of body.

1. Whenever any inmate committed to a state penal institution dies, and the inmate is known by health personnel of the department of correction to be infected by a bloodborne pathogen as defined in § 41-51-102(b), the superintendent, director or warden of the state penal institution shall inform the person collecting the dead body and the funeral home to which the dead body is carried of the infectivity. Notice of infectivity shall be given before the dead body is removed from the state penal institution or the health care facility in which the inmate died.
2. This section does not authorize the release of confidential information to members of the public in violation of § 10-7-504. For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential.

Acts 1997, ch. 372, § 1.

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

41-51-104. Prohibition against trusty status for sexual offenders.

1. No person who has been convicted of an offense that will require the person to register as a sexual offender pursuant to title 40, chapter 39, part 2, and who is being housed in a county or municipal jail or workhouse, shall be eligible for, nor shall such person be placed on, trusty status.
2. Subsection (a) is applicable regardless of whether the person is:
   1. Sentenced to the department of correction but is serving the sentence in a county or municipal jail or workhouse pursuant to contract or is sentenced to confinement in a county or municipal jail or workhouse; or
   2. Sentenced to the department of correction but is being housed in a county or municipal jail or workhouse while awaiting transfer to the department.

Acts 2005, ch. 180, § 1.