Tenn. Code Ann. § 41-22-124 — TN Code / Title 41 / Chapter 22 / Section 41-22-124
Expenditures for capital improvements
Status: in_force

(a) If the TRICOR board deems it desirable to use the proceeds from sales, revenues or other funds obtained from the operation of TRICOR for the purchase or construction of buildings, roads, walls, driveways, equipment or other capital improvements, the board shall make a written request to the comptroller of the treasury and the governor to obtain an authorization to expend the funds for any of those purposes. The written request shall describe the improvement and the estimated cost of the improvement. (b) If the comptroller of the treasury and the governor approve the proposed expenditure, their approval shall be evidenced by endorsing their written approval upon the request and the same shall be the authority of the board to expend the funds for the improvement; provided, that it is unlawful to expend an amount greater than is stated in the approved request. (c) If the amount of the expenditure exceeds two thousand five hundred dollars ($2,500) for buildings, walls or other capital improvements, the planning and construction of those improvements shall be under the requirements, direction and supervision of the state building commission. Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.6 (Williams, § 12209.11); Acts 1957, ch. 155, § 1; T.C.A. (orig. ed.), § 41-426; Acts 1994, ch. 737, §§ 18, 19; 1996, ch. 564, § 2; 2003, ch. 187, § 7.
(a) If the TRICOR board deems it desirable to use the proceeds from sales, revenues or other funds obtained from the operation of TRICOR for the purchase or construction of buildings, roads, walls, driveways, equipment or other capital improvements, the board shall make a written request to the comptroller of the treasury and the governor to obtain an authorization to expend the funds for any of those purposes. The written request shall describe the improvement and the estimated cost of the improvement.
(b) If the comptroller of the treasury and the governor approve the proposed expenditure, their approval shall be evidenced by endorsing their written approval upon the request and the same shall be the authority of the board to expend the funds for the improvement; provided, that it is unlawful to expend an amount greater than is stated in the approved request.
(c) If the amount of the expenditure exceeds two thousand five hundred dollars ($2,500) for buildings, walls or other capital improvements, the planning and construction of those improvements shall be under the requirements, direction and supervision of the state building commission.
Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.6 (Williams, § 12209.11); Acts 1957, ch. 155, § 1; T.C.A. (orig. ed.), § 41-426; Acts 1994, ch. 737, §§ 18, 19; 1996, ch. 564, § 2; 2003, ch. 187, § 7.
Tenn. Code Ann. § 41-4-103 — TN Code / Title 41 / Chapter 4 / Section 41-4-103
Persons confined - Evaluation authorized
Status: in_force

(a) 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. (b) 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.
(a) 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.
(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.
(b) 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.
Tenn. Code Ann. § 41-8-111 — TN Code / Title 41 / Chapter 8 / Section 41-8-111
Contract terms - Management or operational changes - Restriction on sentencing and commitment
Status: in_force

(a) 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) (A) 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; (B) 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; (C) An agreement that any new construction shall conform to American Correctional Association standards for the purposes proposed for the facilities; (D) 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; (E) 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 (F) An agreement may provide for a gradual reduction or increase in the number of state prisoners held pursuant to subdivision (a)(3)(A). (b) 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. (c) 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.
(a) 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) (A) 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; (B) 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; (C) An agreement that any new construction shall conform to American Correctional Association standards for the purposes proposed for the facilities; (D) 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; (E) 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 (F) An agreement may provide for a gradual reduction or increase in the number of state prisoners held pursuant to subdivision (a)(3)(A).
(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) (A) 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; (B) 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; (C) An agreement that any new construction shall conform to American Correctional Association standards for the purposes proposed for the facilities; (D) 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; (E) 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 (F) An agreement may provide for a gradual reduction or increase in the number of state prisoners held pursuant to subdivision (a)(3)(A).
(A) 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;
(B) 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;
(C) An agreement that any new construction shall conform to American Correctional Association standards for the purposes proposed for the facilities;
(D) 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;
(E) 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
(F) An agreement may provide for a gradual reduction or increase in the number of state prisoners held pursuant to subdivision (a)(3)(A).
(b) 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.
(c) 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.
Tenn. Code Ann. § 41-21-109 — TN Code / Title 41 / Chapter 21 / Section 41-21-109
Precautions against contagious disease
Status: in_force

To prevent the introduction of contagious disorders, the warden shall cause every person sentenced to the penitentiary to be washed, cleansed and kept entirely apart from the other inmates until it is certified by the physician that the inmate may be permitted to join them in labor without danger to their health. Code 1858, § 5501 (deriv. Acts 1829, ch. 38, § 34); Shan., § 7519; Code 1932, § 12116; T.C.A. (orig. ed.), § 41-209.
To prevent the introduction of contagious disorders, the warden shall cause every person sentenced to the penitentiary to be washed, cleansed and kept entirely apart from the other inmates until it is certified by the physician that the inmate may be permitted to join them in labor without danger to their health.
Code 1858, § 5501 (deriv. Acts 1829, ch. 38, § 34); Shan., § 7519; Code 1932, § 12116; T.C.A. (orig. ed.), § 41-209.
Tenn. Code Ann. § 41-1-506 — TN Code / Title 41 / Chapter 1 / Section 41-1-506
Delayed commitment of felons to department of correction
Status: in_force

(a) The directive invoking the power granted pursuant to § 41-1-504(a)(2) shall include any conditions the governor may wish to impose as to which inmates or types of inmates will immediately be accepted by the department of correction or which inmates or types of inmates will be subject to the delayed intake directive, or both. The commissioner shall transmit any conditions imposed by the governor to the judges and sheriffs in the notification that intake to the department has been delayed. (b) Notwithstanding this part, the governor shall not have the authority to direct that the commitment of an inmate be delayed any longer than six (6) months from the date of sentencing or the date of the final judgment of the highest state appellate court to which an appeal is taken, whichever date is later. (c) During times in which the power to delay the intake of inmates is invoked pursuant to this part, a judge may order the sheriff to take the inmate into local custody to await removal to the department in accordance with this part. (d) Any delay in the commitment of an inmate to the department as authorized by this part shall not affect the finality of the trial court's sentencing order for appellate purposes. During the authorized delay, the trial court shall retain full authority to change the sentence imposed in any manner. (e) Notwithstanding any other law to the contrary, during the time that the power of restricted intake has been invoked pursuant to § 41-1-504(a)(2) , no sheriff may convey an inmate to the department unless authorized to do so by this section. No sheriff shall be deemed to have violated any duty of office by not conveying the inmate when notified to do so. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1996, ch. 675, § 39.
(a) The directive invoking the power granted pursuant to § 41-1-504(a)(2) shall include any conditions the governor may wish to impose as to which inmates or types of inmates will immediately be accepted by the department of correction or which inmates or types of inmates will be subject to the delayed intake directive, or both. The commissioner shall transmit any conditions imposed by the governor to the judges and sheriffs in the notification that intake to the department has been delayed.
(b) Notwithstanding this part, the governor shall not have the authority to direct that the commitment of an inmate be delayed any longer than six (6) months from the date of sentencing or the date of the final judgment of the highest state appellate court to which an appeal is taken, whichever date is later.
(c) During times in which the power to delay the intake of inmates is invoked pursuant to this part, a judge may order the sheriff to take the inmate into local custody to await removal to the department in accordance with this part.
(d) Any delay in the commitment of an inmate to the department as authorized by this part shall not affect the finality of the trial court's sentencing order for appellate purposes. During the authorized delay, the trial court shall retain full authority to change the sentence imposed in any manner.
(e) Notwithstanding any other law to the contrary, during the time that the power of restricted intake has been invoked pursuant to § 41-1-504(a)(2) , no sheriff may convey an inmate to the department unless authorized to do so by this section. No sheriff shall be deemed to have violated any duty of office by not conveying the inmate when notified to do so.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1996, ch. 675, § 39.
Tenn. Code Ann. § 41-21-1001 — TN Code / Title 41 / Chapter 21 / Section 41-21-1001
Part definitions
Status: in_force

As used in this part: (1) "Board" means the inmate disciplinary oversight board; (2) "Commissioner" means the commissioner of correction; (3) "Department" means the department of correction; (4) "Executive director" means the officer employed by the board as the chief administrative officer of the agency; and (5) "Sentence credits" means any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
As used in this part:
(1) "Board" means the inmate disciplinary oversight board;
(2) "Commissioner" means the commissioner of correction;
(3) "Department" means the department of correction;
(4) "Executive director" means the officer employed by the board as the chief administrative officer of the agency; and
(5) "Sentence credits" means any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-21-606 — TN Code / Title 41 / Chapter 21 / Section 41-21-606
Participation of minors prohibited
Status: in_force

No minor serving a sentence in a penal or reformatory institution or committed to a juvenile institution shall participate in testing projects or other medical experiments. Acts 1974, ch. 770, § 7; T.C.A., § 41-2206.
No minor serving a sentence in a penal or reformatory institution or committed to a juvenile institution shall participate in testing projects or other medical experiments.
Acts 1974, ch. 770, § 7; T.C.A., § 41-2206.
Tenn. Code Ann. § 41-11-109 — TN Code / Title 41 / Chapter 11 / Section 41-11-109
Homestead exemption
Status: in_force

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.
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.
Tenn. Code Ann. § 41-12-109 — TN Code / Title 41 / Chapter 12 / Section 41-12-109
Powers of authority
Status: in_force

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.
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.
Tenn. Code Ann. § 41-21-237 — TN Code / Title 41 / Chapter 21 / Section 41-21-237
Charges assessed against inmates for services provided by state
Status: in_force

(a) The commissioner of correction is authorized to assess nonindigent inmates reasonable charges for the housing, board, health care, education, vocational training and treatment services provided to them by this state. The inmate shall be notified of the amount of any assessment. (b) The charges assessed against an inmate pursuant to subsection (a) may be deducted directly from the inmate's institutional trust fund account without the inmate's consent; provided, that the inmate is notified of the amount so deducted and the charges to which it has been applied. (c) The commissioner shall, on a quarterly basis, provide each inmate with a statement detailing all deposits into, withdrawals from and balance remaining in the inmate's institutional trust fund account during the preceding three (3) months. Acts 1992, ch. 1022, § 4.
(a) The commissioner of correction is authorized to assess nonindigent inmates reasonable charges for the housing, board, health care, education, vocational training and treatment services provided to them by this state. The inmate shall be notified of the amount of any assessment.
(b) The charges assessed against an inmate pursuant to subsection (a) may be deducted directly from the inmate's institutional trust fund account without the inmate's consent; provided, that the inmate is notified of the amount so deducted and the charges to which it has been applied.
(c) The commissioner shall, on a quarterly basis, provide each inmate with a statement detailing all deposits into, withdrawals from and balance remaining in the inmate's institutional trust fund account during the preceding three (3) months.
Acts 1992, ch. 1022, § 4.
Tenn. Code Ann. § 41-24-112 — TN Code / Title 41 / Chapter 24 / Section 41-24-112
Consolidated retirement system
Status: in_force

(a) 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. (b) 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. (c) In no event will a department employee be allowed to retire and receive benefits while continuing employment with a prison contractor. (d) 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. (e) The prison contractor shall pay contributions to the board of trustees of the retirement system according to a schedule set by the board. (f) The department shall serve as administrative agent between the prison contractor and the Tennessee consolidated retirement system. Acts 1986, ch. 932, § 12.
(a) 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.
(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.
(b) 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.
(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.
(c) In no event will a department employee be allowed to retire and receive benefits while continuing employment with a prison contractor.
(d) 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.
(e) The prison contractor shall pay contributions to the board of trustees of the retirement system according to a schedule set by the board.
(f) The department shall serve as administrative agent between the prison contractor and the Tennessee consolidated retirement system.
Acts 1986, ch. 932, § 12.
Tenn. Code Ann. § 41-12-106 — TN Code / Title 41 / Chapter 12 / Section 41-12-106
Appointment of board - Vacancies - Removals - Quorum - Powers and compensation
Status: in_force

(a) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of the county that participates in the authority; (C) One (1) member to be selected by the county legislative body of such county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) 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; (G) 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; (H) 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 (I) 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. (b) Each such official shall be a member of the board for the term of office for which the official was elected. (c) (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. (d) (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.
(a) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of the county that participates in the authority; (C) One (1) member to be selected by the county legislative body of such county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) 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; (G) 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; (H) 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 (I) 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.
(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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of the county that participates in the authority; (C) One (1) member to be selected by the county legislative body of such county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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;
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of the county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of such county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) The district attorney general serving the judicial district in which the local governmental entities are located, or the district attorney's designee;
(G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
(H) 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
(I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee; (G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee; (H) 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 (I) 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
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of each county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of each county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) The district attorney general serving the judicial district in which the local governmental entities are located or the district attorney's designee;
(G) The district public defender serving the judicial district in which the local governmental entities are located or the district public defender's designee;
(H) 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
(I) 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: (A) The chief executive officer of each local governmental entity participating; (B) The sheriff of each county that participates in the authority; (C) One (1) member to be selected by the county legislative body of each county; (D) The comptroller of the treasury or the comptroller's designee; (E) The commissioner of correction, or the commissioner's designee; (F) 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; (G) 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; (H) 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 (I) 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.
(A) The chief executive officer of each local governmental entity participating;
(B) The sheriff of each county that participates in the authority;
(C) One (1) member to be selected by the county legislative body of each county;
(D) The comptroller of the treasury or the comptroller's designee;
(E) The commissioner of correction, or the commissioner's designee;
(F) 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;
(G) 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;
(H) 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
(I) 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.
(b) Each such official shall be a member of the board for the term of office for which the official was elected.
(c) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in the same manner as the original appointment for the unexpired term. (2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor. (3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity of the specific officers that made the appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(1) 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.
(d) (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.
(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.
Tenn. Code Ann. § 41-25-101 — TN Code / Title 41 / Chapter 25 / Section 41-25-101
International transfer of convicted criminals
Status: in_force

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.
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.
Tenn. Code Ann. § 41-24-117 — TN Code / Title 41 / Chapter 24 / Section 41-24-117
Records relating to inmates in private facilities
Status: in_force

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.
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.
Tenn. Code Ann. § 41-8-106 — TN Code / Title 41 / Chapter 8 / Section 41-8-106
Housing state prisoners - Contracting - Reimbursement of costs - Debt service
Status: in_force

(a) 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. (b) Counties may contract, in writing, with the state or with other counties for responsibility of correctional populations. (c) (1) Counties must be reimbursed for housing convicted felons and state parolees awaiting a parole revocation hearing 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. (d) 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. (e) 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. (f) 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. (g) (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. (h) 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. (i) (1) In addition to the reimbursement or compensation provided under subsection (c) and subdivision (g)(2), the department shall pay an accreditation stipend to eligible counties for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), as provided in subdivision (i)(3). (2) For purposes of this subsection (i): (A) "Eligible county" means a county that applies to the department for the accreditation stipend and that the department determines meets the following eligibility criteria: (i) The county houses convicted felons pursuant to a contract with the state or houses felons awaiting transfer to a state facility; (ii) All felons housed by the county are administered a department-approved validated risk-needs assessment within forty-five (45) days of admission to the county facility; (iii) The county provides evidence-based programming; (iv) All felons housed by the county and deemed to be in good behavioral standing, as determined by facility policy, are eligible to participate in evidence-based programming that is matched to each felon's risks and needs and are not required to participate in programs not indicated as needed by the evidence-based risk and needs assessment; (v) The county makes reasonable efforts to select evidence-based programming that fits the demonstrated needs of the county's felony offender population by serving a substantial portion of the felons, rather than a narrow subset of felons; (vi) The county is compliant with, or is making reasonable efforts to comply with, the federal Prison Rape Elimination Act of 2003 ( 34 U.S.C. § 30301 et seq.); and (vii) The county achieves tier 1 or tier 2 accreditation from the Tennessee corrections institute pursuant to subdivision (i)(3); and (B) "Evidence-based programming" means a program or programs shown by scientific research to effectively reduce recidivism rates and increase an offender's likelihood of success following release from incarceration, including programs focused on education, vocational training, mental health, substance abuse rehabilitation, or building healthy relationships. The department shall maintain a resource information center webpage that provides resources regarding approved evidence-based programming. (3) (A) The amount of the accreditation stipend provided to eligible counties under this subsection (i), which is in addition to the amount set annually in the appropriations act for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), is: (i) Three dollars ($3.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 1 accreditation from the Tennessee corrections institute; and (ii) Six dollars ($6.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 2 accreditation from the Tennessee corrections institute. (B) For purposes of subdivision (i)(3)(A), the board of control of the Tennessee corrections institute shall determine tier 1 and tier 2 accreditation standards by rule. The rules must be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (C) In order to change the amount of reimbursement or compensation provided under subdivision (i)(3)(A), a county must achieve the accreditation tier warranting the change in the fiscal year prior to the fiscal year in which the change in reimbursement or compensation will occur and provide the department notice of the proposed change in reimbursement or compensation at least six (6) months prior to the proposed effective date of the change in reimbursement or compensation. (4) In order to maintain the accreditation stipend, an eligible county must provide annual documentation to the department showing the percentage of the felons who enroll in the evidence-based programming and complete the programming in a timely manner. The department must determine whether that percentage is satisfactory based on the historical completion outcomes for the particular programming. The department shall establish the documentation and reporting requirements and provide the requirements to each eligible county receiving an accreditation stipend. (5) A county's receipt of an accreditation stipend is conditioned upon the county maintaining eligibility and compliance with this subsection (i) warranting the stipend. If a county fails to maintain eligibility and compliance with this subsection (i) warranting the stipend, then the department may withhold stipend payments to the county or adjust the amount of such payments, as appropriate. In the case of material noncompliance or ineligibility under this subsection (i), as determined by the commissioner, the department may require the county to repay any stipend payments made to the county during the period of material noncompliance or ineligibility. (6) After an accreditation stipend has been paid to a county for three (3) years, the department shall annually review the recidivism rates of felons housed in that county to determine whether the implementation of the programming has been effective in reducing recidivism rates. If the evidence-based programming at issue does not impact the recidivism rate by a satisfactory percentage, as determined by the department based upon the length of time that the programming has been utilized and the program's historical outcomes, then the department may require that the county develop a corrective action plan that is satisfactory to the department in order to continue receiving the accreditation stipend. (7) When implementing evidence-based programming for the felony offender population, an eligible county may implement more than one (1) evidence-based program. (8) The office of criminal justice programs in the department of finance and administration shall provide information to eligible counties regarding federal grant dollars that may be available to support the implementation of evidence-based programming or other programs or projects to improve offender outcomes. (9) A county shall not prohibit the county's misdemeanor offender population from participating in evidence-based programming when programming capacity remains following the enrollment of felons whose risks and needs correspond to the programming. The state is not responsible for any costs of incarceration or programming for misdemeanor offenders. However, misdemeanor offenders may utilize evidence-based programming capacity that has been paid for using the accreditation stipend provided under this subsection (i). (10) The commissioner is authorized to promulgate rules to implement and effectuate this subsection (i), pursuant to the Uniform Administrative Procedures Act. (11) Tennessee's community colleges, established pursuant to title 49, chapter 8, and Tennessee's colleges of applied technology, established pursuant to title 49, chapter 11, part 4, are authorized to assist counties with the development of evidence-based programming for felons housed by counties. A county may work with the department and the board of regents established in title 49, chapter 8, part 2, to develop and implement such programming. Amended by 2022 Tenn. Acts, ch. 895, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 410, s 18, eff. 5/12/2021. 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.
(a) 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.
(b) Counties may contract, in writing, with the state or with other counties for responsibility of correctional populations.
(c) (1) Counties must be reimbursed for housing convicted felons and state parolees awaiting a parole revocation hearing 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.
(1) Counties must be reimbursed for housing convicted felons and state parolees awaiting a parole revocation hearing 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.
(d) 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.
(e) 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.
(f) 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.
(g) (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.
(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.
(h) 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.
(i) (1) In addition to the reimbursement or compensation provided under subsection (c) and subdivision (g)(2), the department shall pay an accreditation stipend to eligible counties for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), as provided in subdivision (i)(3). (2) For purposes of this subsection (i): (A) "Eligible county" means a county that applies to the department for the accreditation stipend and that the department determines meets the following eligibility criteria: (i) The county houses convicted felons pursuant to a contract with the state or houses felons awaiting transfer to a state facility; (ii) All felons housed by the county are administered a department-approved validated risk-needs assessment within forty-five (45) days of admission to the county facility; (iii) The county provides evidence-based programming; (iv) All felons housed by the county and deemed to be in good behavioral standing, as determined by facility policy, are eligible to participate in evidence-based programming that is matched to each felon's risks and needs and are not required to participate in programs not indicated as needed by the evidence-based risk and needs assessment; (v) The county makes reasonable efforts to select evidence-based programming that fits the demonstrated needs of the county's felony offender population by serving a substantial portion of the felons, rather than a narrow subset of felons; (vi) The county is compliant with, or is making reasonable efforts to comply with, the federal Prison Rape Elimination Act of 2003 ( 34 U.S.C. § 30301 et seq.); and (vii) The county achieves tier 1 or tier 2 accreditation from the Tennessee corrections institute pursuant to subdivision (i)(3); and (B) "Evidence-based programming" means a program or programs shown by scientific research to effectively reduce recidivism rates and increase an offender's likelihood of success following release from incarceration, including programs focused on education, vocational training, mental health, substance abuse rehabilitation, or building healthy relationships. The department shall maintain a resource information center webpage that provides resources regarding approved evidence-based programming. (3) (A) The amount of the accreditation stipend provided to eligible counties under this subsection (i), which is in addition to the amount set annually in the appropriations act for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), is: (i) Three dollars ($3.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 1 accreditation from the Tennessee corrections institute; and (ii) Six dollars ($6.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 2 accreditation from the Tennessee corrections institute. (B) For purposes of subdivision (i)(3)(A), the board of control of the Tennessee corrections institute shall determine tier 1 and tier 2 accreditation standards by rule. The rules must be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (C) In order to change the amount of reimbursement or compensation provided under subdivision (i)(3)(A), a county must achieve the accreditation tier warranting the change in the fiscal year prior to the fiscal year in which the change in reimbursement or compensation will occur and provide the department notice of the proposed change in reimbursement or compensation at least six (6) months prior to the proposed effective date of the change in reimbursement or compensation. (4) In order to maintain the accreditation stipend, an eligible county must provide annual documentation to the department showing the percentage of the felons who enroll in the evidence-based programming and complete the programming in a timely manner. The department must determine whether that percentage is satisfactory based on the historical completion outcomes for the particular programming. The department shall establish the documentation and reporting requirements and provide the requirements to each eligible county receiving an accreditation stipend. (5) A county's receipt of an accreditation stipend is conditioned upon the county maintaining eligibility and compliance with this subsection (i) warranting the stipend. If a county fails to maintain eligibility and compliance with this subsection (i) warranting the stipend, then the department may withhold stipend payments to the county or adjust the amount of such payments, as appropriate. In the case of material noncompliance or ineligibility under this subsection (i), as determined by the commissioner, the department may require the county to repay any stipend payments made to the county during the period of material noncompliance or ineligibility. (6) After an accreditation stipend has been paid to a county for three (3) years, the department shall annually review the recidivism rates of felons housed in that county to determine whether the implementation of the programming has been effective in reducing recidivism rates. If the evidence-based programming at issue does not impact the recidivism rate by a satisfactory percentage, as determined by the department based upon the length of time that the programming has been utilized and the program's historical outcomes, then the department may require that the county develop a corrective action plan that is satisfactory to the department in order to continue receiving the accreditation stipend. (7) When implementing evidence-based programming for the felony offender population, an eligible county may implement more than one (1) evidence-based program. (8) The office of criminal justice programs in the department of finance and administration shall provide information to eligible counties regarding federal grant dollars that may be available to support the implementation of evidence-based programming or other programs or projects to improve offender outcomes. (9) A county shall not prohibit the county's misdemeanor offender population from participating in evidence-based programming when programming capacity remains following the enrollment of felons whose risks and needs correspond to the programming. The state is not responsible for any costs of incarceration or programming for misdemeanor offenders. However, misdemeanor offenders may utilize evidence-based programming capacity that has been paid for using the accreditation stipend provided under this subsection (i). (10) The commissioner is authorized to promulgate rules to implement and effectuate this subsection (i), pursuant to the Uniform Administrative Procedures Act. (11) Tennessee's community colleges, established pursuant to title 49, chapter 8, and Tennessee's colleges of applied technology, established pursuant to title 49, chapter 11, part 4, are authorized to assist counties with the development of evidence-based programming for felons housed by counties. A county may work with the department and the board of regents established in title 49, chapter 8, part 2, to develop and implement such programming.
(1) In addition to the reimbursement or compensation provided under subsection (c) and subdivision (g)(2), the department shall pay an accreditation stipend to eligible counties for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), as provided in subdivision (i)(3).
(2) For purposes of this subsection (i): (A) "Eligible county" means a county that applies to the department for the accreditation stipend and that the department determines meets the following eligibility criteria: (i) The county houses convicted felons pursuant to a contract with the state or houses felons awaiting transfer to a state facility; (ii) All felons housed by the county are administered a department-approved validated risk-needs assessment within forty-five (45) days of admission to the county facility; (iii) The county provides evidence-based programming; (iv) All felons housed by the county and deemed to be in good behavioral standing, as determined by facility policy, are eligible to participate in evidence-based programming that is matched to each felon's risks and needs and are not required to participate in programs not indicated as needed by the evidence-based risk and needs assessment; (v) The county makes reasonable efforts to select evidence-based programming that fits the demonstrated needs of the county's felony offender population by serving a substantial portion of the felons, rather than a narrow subset of felons; (vi) The county is compliant with, or is making reasonable efforts to comply with, the federal Prison Rape Elimination Act of 2003 ( 34 U.S.C. § 30301 et seq.); and (vii) The county achieves tier 1 or tier 2 accreditation from the Tennessee corrections institute pursuant to subdivision (i)(3); and (B) "Evidence-based programming" means a program or programs shown by scientific research to effectively reduce recidivism rates and increase an offender's likelihood of success following release from incarceration, including programs focused on education, vocational training, mental health, substance abuse rehabilitation, or building healthy relationships. The department shall maintain a resource information center webpage that provides resources regarding approved evidence-based programming.
(A) "Eligible county" means a county that applies to the department for the accreditation stipend and that the department determines meets the following eligibility criteria: (i) The county houses convicted felons pursuant to a contract with the state or houses felons awaiting transfer to a state facility; (ii) All felons housed by the county are administered a department-approved validated risk-needs assessment within forty-five (45) days of admission to the county facility; (iii) The county provides evidence-based programming; (iv) All felons housed by the county and deemed to be in good behavioral standing, as determined by facility policy, are eligible to participate in evidence-based programming that is matched to each felon's risks and needs and are not required to participate in programs not indicated as needed by the evidence-based risk and needs assessment; (v) The county makes reasonable efforts to select evidence-based programming that fits the demonstrated needs of the county's felony offender population by serving a substantial portion of the felons, rather than a narrow subset of felons; (vi) The county is compliant with, or is making reasonable efforts to comply with, the federal Prison Rape Elimination Act of 2003 ( 34 U.S.C. § 30301 et seq.); and (vii) The county achieves tier 1 or tier 2 accreditation from the Tennessee corrections institute pursuant to subdivision (i)(3); and
(i) The county houses convicted felons pursuant to a contract with the state or houses felons awaiting transfer to a state facility;
(ii) All felons housed by the county are administered a department-approved validated risk-needs assessment within forty-five (45) days of admission to the county facility;
(iii) The county provides evidence-based programming;
(iv) All felons housed by the county and deemed to be in good behavioral standing, as determined by facility policy, are eligible to participate in evidence-based programming that is matched to each felon's risks and needs and are not required to participate in programs not indicated as needed by the evidence-based risk and needs assessment;
(v) The county makes reasonable efforts to select evidence-based programming that fits the demonstrated needs of the county's felony offender population by serving a substantial portion of the felons, rather than a narrow subset of felons;
(vi) The county is compliant with, or is making reasonable efforts to comply with, the federal Prison Rape Elimination Act of 2003 ( 34 U.S.C. § 30301 et seq.); and
(vii) The county achieves tier 1 or tier 2 accreditation from the Tennessee corrections institute pursuant to subdivision (i)(3); and
(B) "Evidence-based programming" means a program or programs shown by scientific research to effectively reduce recidivism rates and increase an offender's likelihood of success following release from incarceration, including programs focused on education, vocational training, mental health, substance abuse rehabilitation, or building healthy relationships. The department shall maintain a resource information center webpage that provides resources regarding approved evidence-based programming.
(3) (A) The amount of the accreditation stipend provided to eligible counties under this subsection (i), which is in addition to the amount set annually in the appropriations act for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), is: (i) Three dollars ($3.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 1 accreditation from the Tennessee corrections institute; and (ii) Six dollars ($6.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 2 accreditation from the Tennessee corrections institute. (B) For purposes of subdivision (i)(3)(A), the board of control of the Tennessee corrections institute shall determine tier 1 and tier 2 accreditation standards by rule. The rules must be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (C) In order to change the amount of reimbursement or compensation provided under subdivision (i)(3)(A), a county must achieve the accreditation tier warranting the change in the fiscal year prior to the fiscal year in which the change in reimbursement or compensation will occur and provide the department notice of the proposed change in reimbursement or compensation at least six (6) months prior to the proposed effective date of the change in reimbursement or compensation.
(A) The amount of the accreditation stipend provided to eligible counties under this subsection (i), which is in addition to the amount set annually in the appropriations act for each convicted felon housed by the county for which the county receives reimbursement or compensation provided under subsection (c) and subdivision (g)(2), is: (i) Three dollars ($3.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 1 accreditation from the Tennessee corrections institute; and (ii) Six dollars ($6.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 2 accreditation from the Tennessee corrections institute.
(i) Three dollars ($3.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 1 accreditation from the Tennessee corrections institute; and
(ii) Six dollars ($6.00) per day for each convicted felon housed by the county for which the county receives reimbursement or compensation under subsection (c) and subdivision (g)(2), if the county has achieved tier 2 accreditation from the Tennessee corrections institute.
(B) For purposes of subdivision (i)(3)(A), the board of control of the Tennessee corrections institute shall determine tier 1 and tier 2 accreditation standards by rule. The rules must be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(C) In order to change the amount of reimbursement or compensation provided under subdivision (i)(3)(A), a county must achieve the accreditation tier warranting the change in the fiscal year prior to the fiscal year in which the change in reimbursement or compensation will occur and provide the department notice of the proposed change in reimbursement or compensation at least six (6) months prior to the proposed effective date of the change in reimbursement or compensation.
(4) In order to maintain the accreditation stipend, an eligible county must provide annual documentation to the department showing the percentage of the felons who enroll in the evidence-based programming and complete the programming in a timely manner. The department must determine whether that percentage is satisfactory based on the historical completion outcomes for the particular programming. The department shall establish the documentation and reporting requirements and provide the requirements to each eligible county receiving an accreditation stipend.
(5) A county's receipt of an accreditation stipend is conditioned upon the county maintaining eligibility and compliance with this subsection (i) warranting the stipend. If a county fails to maintain eligibility and compliance with this subsection (i) warranting the stipend, then the department may withhold stipend payments to the county or adjust the amount of such payments, as appropriate. In the case of material noncompliance or ineligibility under this subsection (i), as determined by the commissioner, the department may require the county to repay any stipend payments made to the county during the period of material noncompliance or ineligibility.
(6) After an accreditation stipend has been paid to a county for three (3) years, the department shall annually review the recidivism rates of felons housed in that county to determine whether the implementation of the programming has been effective in reducing recidivism rates. If the evidence-based programming at issue does not impact the recidivism rate by a satisfactory percentage, as determined by the department based upon the length of time that the programming has been utilized and the program's historical outcomes, then the department may require that the county develop a corrective action plan that is satisfactory to the department in order to continue receiving the accreditation stipend.
(7) When implementing evidence-based programming for the felony offender population, an eligible county may implement more than one (1) evidence-based program.
(8) The office of criminal justice programs in the department of finance and administration shall provide information to eligible counties regarding federal grant dollars that may be available to support the implementation of evidence-based programming or other programs or projects to improve offender outcomes.
(9) A county shall not prohibit the county's misdemeanor offender population from participating in evidence-based programming when programming capacity remains following the enrollment of felons whose risks and needs correspond to the programming. The state is not responsible for any costs of incarceration or programming for misdemeanor offenders. However, misdemeanor offenders may utilize evidence-based programming capacity that has been paid for using the accreditation stipend provided under this subsection (i).
(10) The commissioner is authorized to promulgate rules to implement and effectuate this subsection (i), pursuant to the Uniform Administrative Procedures Act.
(11) Tennessee's community colleges, established pursuant to title 49, chapter 8, and Tennessee's colleges of applied technology, established pursuant to title 49, chapter 11, part 4, are authorized to assist counties with the development of evidence-based programming for felons housed by counties. A county may work with the department and the board of regents established in title 49, chapter 8, part 2, to develop and implement such programming.
Amended by 2022 Tenn. Acts, ch. 895, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 410, s 18, eff. 5/12/2021.
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.
Tenn. Code Ann. § 41-4-144 — TN Code / Title 41 / Chapter 4 / Section 41-4-144
Jailer qualifications
Status: in_force

(a) 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®) 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. (b) (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. (c) 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. (d) (1) A municipality, county, or political subdivision may contract with a licensed healthcare provider qualified in the psychiatric or psychological field to perform services in fulfillment of subdivision (a)(9). The municipality, county, or political subdivision may make a good faith reliance on the healthcare providers' certification under subdivision (a)(9). The healthcare provider is not an agent of the entity for purposes giving rise to a cause of action against the entity for a civil or criminal action. (2) The good faith compliance of a municipality, county, or political subdivision with the requirements set forth in subsection (a) does not give rise to a cause of action against the entity for a civil or criminal action. Amended by 2021 Tenn. Acts, ch. 359, s 1, eff. 5/11/2021. Amended by 2013 Tenn. Acts, ch. 173, s 2, eff. 7/1/2013. Acts 2006, ch. 849, §1; 2012 , ch. 848, § 38.
(a) 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®) certificate; (4) Not have been convicted of, or pleaded guilty to, or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or municipal ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues; (5) Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States; (6) Have the person's fingerprints on file with the Tennessee bureau of investigation; (7) Have passed a physical examination by a licensed physician; (8) Have a good moral character as determined by a thorough investigation conducted by the sheriff's office; and (9) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the person's ability to perform an essential function of the job, with or without a reasonable accommodation.
(1) 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®) 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.
(b) (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.
(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.
(c) 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.
(d) (1) A municipality, county, or political subdivision may contract with a licensed healthcare provider qualified in the psychiatric or psychological field to perform services in fulfillment of subdivision (a)(9). The municipality, county, or political subdivision may make a good faith reliance on the healthcare providers' certification under subdivision (a)(9). The healthcare provider is not an agent of the entity for purposes giving rise to a cause of action against the entity for a civil or criminal action. (2) The good faith compliance of a municipality, county, or political subdivision with the requirements set forth in subsection (a) does not give rise to a cause of action against the entity for a civil or criminal action.
(1) A municipality, county, or political subdivision may contract with a licensed healthcare provider qualified in the psychiatric or psychological field to perform services in fulfillment of subdivision (a)(9). The municipality, county, or political subdivision may make a good faith reliance on the healthcare providers' certification under subdivision (a)(9). The healthcare provider is not an agent of the entity for purposes giving rise to a cause of action against the entity for a civil or criminal action.
(2) The good faith compliance of a municipality, county, or political subdivision with the requirements set forth in subsection (a) does not give rise to a cause of action against the entity for a civil or criminal action.
Amended by 2021 Tenn. Acts, ch. 359, s 1, eff. 5/11/2021.
Amended by 2013 Tenn. Acts, ch. 173, s 2, eff. 7/1/2013.
Acts 2006, ch. 849, §1; 2012 , ch. 848, § 38.
Tenn. Code Ann. § 41-21-1003 — TN Code / Title 41 / Chapter 21 / Section 41-21-1003
Power and authority of the board - Board Meetings
Status: in_force

(a) The board has those powers and duties necessary and proper to enable the board to fully and effectively carry out this part, including, but not limited to: (1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board; except the initial transfer of a preferred service employee shall not result in impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of a transfer. A preferred service employee may seek redress of a determination through a request for a declaratory order by the commissioner of human resources pursuant to § 4-5-223 ; (2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (3) The authority to develop and implement guidelines for reviewing the grant, denial, and removal of good institutional behavior credits. The board shall review and reevaluate the guidelines at least annually and provide copies of the guidelines to the governor, the speaker of the senate, the speaker of the house of representatives, the commissioner of correction, and the appropriate standing committees of the senate and the house of representatives; (4) The authority to prescribe all forms to be used by the board in the transaction of the board's business; (5) The authority to adopt an official seal by which the board's acts and proceedings are authenticated, and of which a court or other officials concerned with the actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, must be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board as described in the certificate; (6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as necessary for the proper discharge of the board's duties; (7) The authority to work with the department of correction in developing criteria for the award of sentence credits for good institutional behavior; (8) The duty to keep appropriate records of all of the board's official actions and to make them accessible in accordance with law and the regulations of the board; (9) The duty to adopt written long-range goals and objectives. The goals and objectives must be reaffirmed or changed, as appropriate, by the board at least once each year; (10) The duty to adopt written policies and procedures to govern the board's internal operations. It is the legislative intent that the board has the authority to freely adopt policies and procedures to meet the board's particular needs. Prior to final board adoption of the policies and procedures and prior to change, the board shall submit a draft to the attorney general and reporter for review and comment; and (11) The authority to employ staff attorneys who are licensed to practice law in this state and to employ others as the board deems necessary. (b) As soon as is convenient after appointment, the members of the board shall meet and organize. The members shall appoint an executive director who shall be the chief administrative officer of the board and whose duties include: (1) Supervising the scheduling of board meetings; (2) Assisting the board in the formulation, development, and implementation of procedures and policies; (3) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board; (4) Conducting conferences and managing correspondence with interested persons; (5) Supervising all employees of the board; and (6) Developing and maintaining communication and cooperation between the board and other state agencies. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
(a) The board has those powers and duties necessary and proper to enable the board to fully and effectively carry out this part, including, but not limited to: (1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board; except the initial transfer of a preferred service employee shall not result in impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of a transfer. A preferred service employee may seek redress of a determination through a request for a declaratory order by the commissioner of human resources pursuant to § 4-5-223 ; (2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (3) The authority to develop and implement guidelines for reviewing the grant, denial, and removal of good institutional behavior credits. The board shall review and reevaluate the guidelines at least annually and provide copies of the guidelines to the governor, the speaker of the senate, the speaker of the house of representatives, the commissioner of correction, and the appropriate standing committees of the senate and the house of representatives; (4) The authority to prescribe all forms to be used by the board in the transaction of the board's business; (5) The authority to adopt an official seal by which the board's acts and proceedings are authenticated, and of which a court or other officials concerned with the actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, must be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board as described in the certificate; (6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as necessary for the proper discharge of the board's duties; (7) The authority to work with the department of correction in developing criteria for the award of sentence credits for good institutional behavior; (8) The duty to keep appropriate records of all of the board's official actions and to make them accessible in accordance with law and the regulations of the board; (9) The duty to adopt written long-range goals and objectives. The goals and objectives must be reaffirmed or changed, as appropriate, by the board at least once each year; (10) The duty to adopt written policies and procedures to govern the board's internal operations. It is the legislative intent that the board has the authority to freely adopt policies and procedures to meet the board's particular needs. Prior to final board adoption of the policies and procedures and prior to change, the board shall submit a draft to the attorney general and reporter for review and comment; and (11) The authority to employ staff attorneys who are licensed to practice law in this state and to employ others as the board deems necessary.
(1) The authority to select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the board; except the initial transfer of a preferred service employee shall not result in impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of a transfer. A preferred service employee may seek redress of a determination through a request for a declaratory order by the commissioner of human resources pursuant to § 4-5-223 ;
(2) The authority to promulgate reasonable substantive and procedural rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(3) The authority to develop and implement guidelines for reviewing the grant, denial, and removal of good institutional behavior credits. The board shall review and reevaluate the guidelines at least annually and provide copies of the guidelines to the governor, the speaker of the senate, the speaker of the house of representatives, the commissioner of correction, and the appropriate standing committees of the senate and the house of representatives;
(4) The authority to prescribe all forms to be used by the board in the transaction of the board's business;
(5) The authority to adopt an official seal by which the board's acts and proceedings are authenticated, and of which a court or other officials concerned with the actions of the board shall take judicial notice. The certificate of the chair of the board, under seal and attested to by the executive director, must be accepted in any judicial or administrative proceeding as adequate and sufficient proof of the acts and proceedings of the board as described in the certificate;
(6) The authority to employ other employees and to incur such other expenses, within the limits of appropriations, as necessary for the proper discharge of the board's duties;
(7) The authority to work with the department of correction in developing criteria for the award of sentence credits for good institutional behavior;
(8) The duty to keep appropriate records of all of the board's official actions and to make them accessible in accordance with law and the regulations of the board;
(9) The duty to adopt written long-range goals and objectives. The goals and objectives must be reaffirmed or changed, as appropriate, by the board at least once each year;
(10) The duty to adopt written policies and procedures to govern the board's internal operations. It is the legislative intent that the board has the authority to freely adopt policies and procedures to meet the board's particular needs. Prior to final board adoption of the policies and procedures and prior to change, the board shall submit a draft to the attorney general and reporter for review and comment; and
(11) The authority to employ staff attorneys who are licensed to practice law in this state and to employ others as the board deems necessary.
(b) As soon as is convenient after appointment, the members of the board shall meet and organize. The members shall appoint an executive director who shall be the chief administrative officer of the board and whose duties include: (1) Supervising the scheduling of board meetings; (2) Assisting the board in the formulation, development, and implementation of procedures and policies; (3) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board; (4) Conducting conferences and managing correspondence with interested persons; (5) Supervising all employees of the board; and (6) Developing and maintaining communication and cooperation between the board and other state agencies.
(1) Supervising the scheduling of board meetings;
(2) Assisting the board in the formulation, development, and implementation of procedures and policies;
(3) Assisting in the preparation of the necessary forms and maintaining the records required for decisions of the board;
(4) Conducting conferences and managing correspondence with interested persons;
(5) Supervising all employees of the board; and
(6) Developing and maintaining communication and cooperation between the board and other state agencies.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-21-106 — TN Code / Title 41 / Chapter 21 / Section 41-21-106
Report of confinement of first offenders
Status: in_force

Wardens and superintendents shall report the confinement of first term inmates to the division of rehabilitative services within twenty-four (24) hours following the inmates' arrival. Acts 1949, ch. 257, § 1; C. Supp. 1950, § 12110.1 (Williams, § 12104.1); Acts 1970, ch. 471, § 17; T.C.A. (orig. ed.), § 41-206.
Wardens and superintendents shall report the confinement of first term inmates to the division of rehabilitative services within twenty-four (24) hours following the inmates' arrival.
Acts 1949, ch. 257, § 1; C. Supp. 1950, § 12110.1 (Williams, § 12104.1); Acts 1970, ch. 471, § 17; T.C.A. (orig. ed.), § 41-206.
Tenn. Code Ann. § 41-21-1002 — TN Code / Title 41 / Chapter 21 / Section 41-21-1002
Autonomous inmate oversight board - Board composition and authority - Initial appointments - Considerations for appointments - Removal of members
Status: in_force

(a) There is created a full-time, autonomous inmate disciplinary oversight board. The purpose of the board is to review the grant, denial, and removal of inmate sentence credits by a warden for good institutional behavior and to determine whether sentence credits previously awarded should be removed for commission of a major infraction designated by the department as a Class A disciplinary offense or for an inmate's refusal to participate in an assignment. (b) (1) The board is composed of nine (9) members who shall be appointed by the governor, the speaker of the senate, and the speaker of the house of representatives as follows: (A) Three (3) members of the board shall be appointed by the governor; (B) Three (3) members of the board shall be appointed by the speaker of the senate; and (C) Three (3) members of the board shall be appointed by the speaker of the house of representatives. (2) The appointing authorities in subdivision (b)(1) shall appoint one (1) member from each grand division of the state. (c) The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties, including the submission of budget requests to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources. (d) In all respects, the board is separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees are subject to the budgetary, accounting, personnel, purchasing, and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4. (e) In making the initial appointments made under this section, the speaker of the senate shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The speaker of the house of representatives shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The governor shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. Thereafter, all members shall serve six-year terms and are eligible for reappointment. (f) In considering persons for appointment, the appointing authority shall give preference to candidates with training, education, or experience in the criminal justice system, law, corrections, behavioral science, or mental health. A member of the board shall not hold any other salaried public office, whether elective or appointive, and a member of the board shall not engage for pay in any other business or profession. (g) (1) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal, or any other reason must be filled in the same manner as the regular appointment for the remainder of the unexpired term. (2) An appointed member of the board serves in such capacity until the expiration of the term to which the member was appointed and until the member's successor is duly appointed and qualified. (h) The governor may remove a member of the board whom the governor appointed for cause. The speaker of the senate or the speaker of the house of representatives may remove a member of the board whom the respective speaker appointed for cause. (i) The members of the board shall elect one (1) member of the board to serve as its chair for a term of two (2) years beginning January 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this part. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated has and performs all the powers and duties of the chair of the board. Amended by 2024 Tenn. Acts, ch. 898,s 1, eff. 5/1/2024. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
(a) There is created a full-time, autonomous inmate disciplinary oversight board. The purpose of the board is to review the grant, denial, and removal of inmate sentence credits by a warden for good institutional behavior and to determine whether sentence credits previously awarded should be removed for commission of a major infraction designated by the department as a Class A disciplinary offense or for an inmate's refusal to participate in an assignment.
(b) (1) The board is composed of nine (9) members who shall be appointed by the governor, the speaker of the senate, and the speaker of the house of representatives as follows: (A) Three (3) members of the board shall be appointed by the governor; (B) Three (3) members of the board shall be appointed by the speaker of the senate; and (C) Three (3) members of the board shall be appointed by the speaker of the house of representatives. (2) The appointing authorities in subdivision (b)(1) shall appoint one (1) member from each grand division of the state.
(1) The board is composed of nine (9) members who shall be appointed by the governor, the speaker of the senate, and the speaker of the house of representatives as follows: (A) Three (3) members of the board shall be appointed by the governor; (B) Three (3) members of the board shall be appointed by the speaker of the senate; and (C) Three (3) members of the board shall be appointed by the speaker of the house of representatives.
(A) Three (3) members of the board shall be appointed by the governor;
(B) Three (3) members of the board shall be appointed by the speaker of the senate; and
(C) Three (3) members of the board shall be appointed by the speaker of the house of representatives.
(2) The appointing authorities in subdivision (b)(1) shall appoint one (1) member from each grand division of the state.
(c) The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties, including the submission of budget requests to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources.
(d) In all respects, the board is separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees are subject to the budgetary, accounting, personnel, purchasing, and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4.
(e) In making the initial appointments made under this section, the speaker of the senate shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The speaker of the house of representatives shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The governor shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. Thereafter, all members shall serve six-year terms and are eligible for reappointment.
(f) In considering persons for appointment, the appointing authority shall give preference to candidates with training, education, or experience in the criminal justice system, law, corrections, behavioral science, or mental health. A member of the board shall not hold any other salaried public office, whether elective or appointive, and a member of the board shall not engage for pay in any other business or profession.
(g) (1) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal, or any other reason must be filled in the same manner as the regular appointment for the remainder of the unexpired term. (2) An appointed member of the board serves in such capacity until the expiration of the term to which the member was appointed and until the member's successor is duly appointed and qualified.
(1) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal, or any other reason must be filled in the same manner as the regular appointment for the remainder of the unexpired term.
(2) An appointed member of the board serves in such capacity until the expiration of the term to which the member was appointed and until the member's successor is duly appointed and qualified.
(h) The governor may remove a member of the board whom the governor appointed for cause. The speaker of the senate or the speaker of the house of representatives may remove a member of the board whom the respective speaker appointed for cause.
(i) The members of the board shall elect one (1) member of the board to serve as its chair for a term of two (2) years beginning January 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this part. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated has and performs all the powers and duties of the chair of the board.
Amended by 2024 Tenn. Acts, ch. 898,s 1, eff. 5/1/2024.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-21-704 — TN Code / Title 41 / Chapter 21 / Section 41-21-704
Publication - Effective periods
Status: in_force

(a) A new roster shall be published each month. (b) The effective period of Part I shall be and include the month in which the list is published. Part I shall identify all inmates who will participate under any one (1) or more release programs during the effective period of Part I. (c) The effective period of Part II shall include and be the second month preceding publication. Part II shall report all information required by § 41-21-703 that occurred during the effective period of Part II. Acts 1978, ch. 873, § 3; 1980, ch. 721, § 2; T.C.A., §§ 41-2503, 41-25-104.
(a) A new roster shall be published each month.
(b) The effective period of Part I shall be and include the month in which the list is published. Part I shall identify all inmates who will participate under any one (1) or more release programs during the effective period of Part I.
(c) The effective period of Part II shall include and be the second month preceding publication. Part II shall report all information required by § 41-21-703 that occurred during the effective period of Part II.
Acts 1978, ch. 873, § 3; 1980, ch. 721, § 2; T.C.A., §§ 41-2503, 41-25-104.
Tenn. Code Ann. § 41-22-126 — TN Code / Title 41 / Chapter 22 / Section 41-22-126
Purchase of license plates
Status: in_force

(a) The department of revenue is authorized and directed to contract for and purchase from the TRICOR board the requirements of the state for automobile number plates, to be paid for as if purchased from an individual dealer. (b) The controlling feature in making such contracts shall be reasonable returns to the institution manufacturing the goods and a saving to the state in supplying the plates. Acts 1923, ch. 94, § 3; Shan. Supp., § 7581a28; mod. Code 1932, § 12209; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-429; Acts 1994, ch. 737, § 21; 1996, ch. 564, § 2.
(a) The department of revenue is authorized and directed to contract for and purchase from the TRICOR board the requirements of the state for automobile number plates, to be paid for as if purchased from an individual dealer.
(b) The controlling feature in making such contracts shall be reasonable returns to the institution manufacturing the goods and a saving to the state in supplying the plates.
Acts 1923, ch. 94, § 3; Shan. Supp., § 7581a28; mod. Code 1932, § 12209; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-429; Acts 1994, ch. 737, § 21; 1996, ch. 564, § 2.
Tenn. Code Ann. § 41-21-226 — TN Code / Title 41 / Chapter 21 / Section 41-21-226
Evaluation of inmates
Status: in_force

(a) Every inmate committed to a state penal institution shall be evaluated as to educational level and ability to learn. The report shall be made in writing by the diagnostic and classification center. (b) It is the duty of the commissioner of correction or the commissioner's designee to establish policy and programs that will bring the communication skills of the inmates up to an acceptable level. (c) The commissioner shall, at the commissioner's discretion, require all inmates to attend educational classes necessary to bring about the desired results. Acts 1972, ch. 576, § 21; T.C.A., § 41-355.
(a) Every inmate committed to a state penal institution shall be evaluated as to educational level and ability to learn. The report shall be made in writing by the diagnostic and classification center.
(b) It is the duty of the commissioner of correction or the commissioner's designee to establish policy and programs that will bring the communication skills of the inmates up to an acceptable level.
(c) The commissioner shall, at the commissioner's discretion, require all inmates to attend educational classes necessary to bring about the desired results.
Acts 1972, ch. 576, § 21; T.C.A., § 41-355.
Tenn. Code Ann. § 41-4-129 — TN Code / Title 41 / Chapter 4 / Section 41-4-129
Accounts of sheriffs and jailers
Status: in_force

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.
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.