Tenn. Code Ann. § 41-1-403 — TN Code / Title 41 / Chapter 1 / Section 41-1-403
Classification system
Status: in_force

A sound classification system is necessary for an efficient and manageable correctional system. Because of its importance, the general assembly declares the following policy: (1) The classification system shall provide a meaningful case evaluation of each inmate prior to permanent placement and a continuing review and reclassification process throughout the inmate's period of incarceration; (2) The commissioner of correction has the discretion to determine the institutional location of inmates within the various security classifications; and (3) All information compiled by the department pertaining to an inmate shall be readily available to the entity having authority for the inmate's release. Acts 1983, ch. 467, § 3.
A sound classification system is necessary for an efficient and manageable correctional system. Because of its importance, the general assembly declares the following policy:
(1) The classification system shall provide a meaningful case evaluation of each inmate prior to permanent placement and a continuing review and reclassification process throughout the inmate's period of incarceration;
(2) The commissioner of correction has the discretion to determine the institutional location of inmates within the various security classifications; and
(3) All information compiled by the department pertaining to an inmate shall be readily available to the entity having authority for the inmate's release.
Acts 1983, ch. 467, § 3.
Tenn. Code Ann. § 41-1-507 — TN Code / Title 41 / Chapter 1 / Section 41-1-507
Governor's report to legislative committees and attorney general and reporter
Status: in_force

(a) Each month or part of a month that a state of prison overcrowding exists that results in the invocation of powers authorized by this part, the governor shall transmit to the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter the following information on any inmates who were granted early parole or whose commitment was delayed: (1) The number of inmates in each category; (2) The distribution of offenses for which inmates in each category were convicted; (3) The length of sentences of inmates in each category; (4) The amount of time served by inmates granted early parole; (5) The amount of time inmates granted early parole were released prior to regular parole eligibility or release classification dates; and (6) Any other information concerning early releases on parole or delayed commitments that may be requested by the state and local government committee of the senate and the state government committee of the house of representatives. (b) Within thirty (30) days of the end of a state of prison overcrowding emergency, the governor shall also transmit a summary of the information listed in this section to the officials listed in this section. The summary shall be applicable to all inmates granted early parole or whose commitment was delayed during the most recent state of prison overcrowding emergency. (c) The commissioner shall report to the state and local government committee of the senate and the state government committee of the house of representatives the number of early releases by primary offense whenever inmates are granted early parole under this part. Amended by 2021 Tenn. Acts, ch. 64, s 55, eff. 3/29/2021. Amended by 2020 Tenn. Acts, ch. 711, s 6, eff. 6/15/2020. Amended by 2019 Tenn. Acts, ch. 345, s 64, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1985 (1st Ex. Sess.), ch. 5, §§ 19, 51; 1998, ch. 1049, § 55; 2011 , ch. 410, § 2(c); 2012 , ch. 925, §§ 1, 2.
(a) Each month or part of a month that a state of prison overcrowding exists that results in the invocation of powers authorized by this part, the governor shall transmit to the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter the following information on any inmates who were granted early parole or whose commitment was delayed: (1) The number of inmates in each category; (2) The distribution of offenses for which inmates in each category were convicted; (3) The length of sentences of inmates in each category; (4) The amount of time served by inmates granted early parole; (5) The amount of time inmates granted early parole were released prior to regular parole eligibility or release classification dates; and (6) Any other information concerning early releases on parole or delayed commitments that may be requested by the state and local government committee of the senate and the state government committee of the house of representatives.
(1) The number of inmates in each category;
(2) The distribution of offenses for which inmates in each category were convicted;
(3) The length of sentences of inmates in each category;
(4) The amount of time served by inmates granted early parole;
(5) The amount of time inmates granted early parole were released prior to regular parole eligibility or release classification dates; and
(6) Any other information concerning early releases on parole or delayed commitments that may be requested by the state and local government committee of the senate and the state government committee of the house of representatives.
(b) Within thirty (30) days of the end of a state of prison overcrowding emergency, the governor shall also transmit a summary of the information listed in this section to the officials listed in this section. The summary shall be applicable to all inmates granted early parole or whose commitment was delayed during the most recent state of prison overcrowding emergency.
(c) The commissioner shall report to the state and local government committee of the senate and the state government committee of the house of representatives the number of early releases by primary offense whenever inmates are granted early parole under this part.
Amended by 2021 Tenn. Acts, ch. 64, s 55, eff. 3/29/2021.
Amended by 2020 Tenn. Acts, ch. 711, s 6, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 64, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, §§ 19, 51; 1998, ch. 1049, § 55; 2011 , ch. 410, § 2(c); 2012 , ch. 925, §§ 1, 2.
Tenn. Code Ann. § 41-51-202 — TN Code / Title 41 / Chapter 51 / Section 41-51-202
Use of restraints on pregnant inmate
Status: in_force

(a) Except as provided in subsection (b), beginning on the date on which a pregnancy is known to a law enforcement agency and confirmed by a healthcare professional, an inmate in the custody of a correctional institution must not be placed in restraints. (b) The prohibition under subsection (a) does not apply if: (1) An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility; (2) An appropriate corrections officer makes a determination that: (A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means; (B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or (C) The custody or classification level of the inmate requires the use of restraints; or (3) A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child. (c) If restraints are used pursuant to an exception under subsection (b), only the least restrictive restraints may be used that are necessary to prevent harm to the inmate, unborn child, or others, or to prevent the risk of escape. (d) The exceptions under subsection (b) must not be applied: (1) To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery; (2) To restrain an inmate's hands behind her back; or (3) To attach an inmate to another inmate. (e) If restraints are used on a pregnant inmate in extraordinary circumstances pursuant to subsection (b) that are outside of necessary restrained movement in a correctional environment, the corrections official shall, within seventy-two (72) hours, document in writing the extraordinary circumstances that dictated the use of the restraints to ensure the safety and security of the inmate, the unborn child, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public. (f) The commissioner of correction and the sheriffs, superintendents, and jail administrators of each local correctional facility shall require annual training of staff members who transport or supervise female inmates on the requirements of this part. (g) All inmates potentially affected by this part must be advised in a separate, clear, and concise writing of the requirements of this part, and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant. (h) Notwithstanding subsection (b), upon the request of a healthcare professional who is responsible for the health and safety of an inmate, a corrections officer must refrain from using restraints on the inmate or must remove restraints used on the inmate. Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.
(a) Except as provided in subsection (b), beginning on the date on which a pregnancy is known to a law enforcement agency and confirmed by a healthcare professional, an inmate in the custody of a correctional institution must not be placed in restraints.
(b) The prohibition under subsection (a) does not apply if: (1) An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility; (2) An appropriate corrections officer makes a determination that: (A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means; (B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or (C) The custody or classification level of the inmate requires the use of restraints; or (3) A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child.
(1) An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility;
(2) An appropriate corrections officer makes a determination that: (A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means; (B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or (C) The custody or classification level of the inmate requires the use of restraints; or
(A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means;
(B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or
(C) The custody or classification level of the inmate requires the use of restraints; or
(3) A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child.
(c) If restraints are used pursuant to an exception under subsection (b), only the least restrictive restraints may be used that are necessary to prevent harm to the inmate, unborn child, or others, or to prevent the risk of escape.
(d) The exceptions under subsection (b) must not be applied: (1) To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery; (2) To restrain an inmate's hands behind her back; or (3) To attach an inmate to another inmate.
(1) To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery;
(2) To restrain an inmate's hands behind her back; or
(3) To attach an inmate to another inmate.
(e) If restraints are used on a pregnant inmate in extraordinary circumstances pursuant to subsection (b) that are outside of necessary restrained movement in a correctional environment, the corrections official shall, within seventy-two (72) hours, document in writing the extraordinary circumstances that dictated the use of the restraints to ensure the safety and security of the inmate, the unborn child, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.
(f) The commissioner of correction and the sheriffs, superintendents, and jail administrators of each local correctional facility shall require annual training of staff members who transport or supervise female inmates on the requirements of this part.
(g) All inmates potentially affected by this part must be advised in a separate, clear, and concise writing of the requirements of this part, and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant.
(h) Notwithstanding subsection (b), upon the request of a healthcare professional who is responsible for the health and safety of an inmate, a corrections officer must refrain from using restraints on the inmate or must remove restraints used on the inmate.
Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 41-21-602 — TN Code / Title 41 / Chapter 21 / Section 41-21-602
Written explanation of experiment required
Status: in_force

Any pharmaceutical company or other person, firm, corporation, foundation or other association of persons using inmates to test experimental drugs or to conduct any other medical experiments must deliver to those inmates a written statement explaining the following: (1) The nature and purpose of any drug being tested or any experiment being performed; (2) Why the drug is being tested or other experiment performed; (3) Current research on the drug being tested or on the subject matter of the experiment; (4) Procedures and restrictions the inmates must observe during the testing; and (5) All known side effects of any drug being tested. Acts 1974, ch. 770, § 2; T.C.A., § 41-2202.
Any pharmaceutical company or other person, firm, corporation, foundation or other association of persons using inmates to test experimental drugs or to conduct any other medical experiments must deliver to those inmates a written statement explaining the following:
(1) The nature and purpose of any drug being tested or any experiment being performed;
(2) Why the drug is being tested or other experiment performed;
(3) Current research on the drug being tested or on the subject matter of the experiment;
(4) Procedures and restrictions the inmates must observe during the testing; and
(5) All known side effects of any drug being tested.
Acts 1974, ch. 770, § 2; T.C.A., § 41-2202.
Tenn. Code Ann. § 41-22-304 — TN Code / Title 41 / Chapter 22 / Section 41-22-304
Work day - Amount credited against fines and costs
Status: in_force

Inmates shall be worked on any of the public roads of the county. The same number of hours of labor per day as is required by the public road laws shall constitute a day's work. An inmate shall be allowed one dollar ($1.00) for each day's work, which amount shall be credited to the inmate's fine and costs. Acts 1899, ch. 358, § 3; Shan., § 1682a4; Code 1932, § 2817; T.C.A. (orig. ed.), § 41-1304.
Inmates shall be worked on any of the public roads of the county. The same number of hours of labor per day as is required by the public road laws shall constitute a day's work. An inmate shall be allowed one dollar ($1.00) for each day's work, which amount shall be credited to the inmate's fine and costs.
Acts 1899, ch. 358, § 3; Shan., § 1682a4; Code 1932, § 2817; T.C.A. (orig. ed.), § 41-1304.
Tenn. Code Ann. § 41-10-103 — TN Code / Title 41 / Chapter 10 / Section 41-10-103
Duties of department of correction
Status: in_force

The department shall: (1) Take such actions as are necessary and appropriate to develop meaningful opportunities for volunteers to be involved in the department's programs, including the appointment of personnel as deemed necessary by the commissioner to administer volunteer services; (2) Develop written policy governing the recruitment, training, appointment and supervision of volunteers; (3) Take such action as is necessary to ensure that volunteers understand their duties and responsibilities; (4) Take such action as is necessary and appropriate to ensure a receptive climate for volunteers; (5) Provide for the recognition of volunteers who have offered outstanding service to the department; and (6) Recognize prior volunteer service as partial fulfillment of state employment requirements for training and experience pursuant to rules adopted by the department of human resources. Acts 1985, ch. 267, § 1.
The department shall:
(1) Take such actions as are necessary and appropriate to develop meaningful opportunities for volunteers to be involved in the department's programs, including the appointment of personnel as deemed necessary by the commissioner to administer volunteer services;
(2) Develop written policy governing the recruitment, training, appointment and supervision of volunteers;
(3) Take such action as is necessary to ensure that volunteers understand their duties and responsibilities;
(4) Take such action as is necessary and appropriate to ensure a receptive climate for volunteers;
(5) Provide for the recognition of volunteers who have offered outstanding service to the department; and
(6) Recognize prior volunteer service as partial fulfillment of state employment requirements for training and experience pursuant to rules adopted by the department of human resources.
Acts 1985, ch. 267, § 1.
Tenn. Code Ann. § 41-3-102 — TN Code / Title 41 / Chapter 3 / Section 41-3-102
Punishment of prisoners
Status: in_force

(a) Any prisoner refusing to work or becoming disorderly may be confined in solitary confinement and fed on bread and water or subjected to such other punishment, not inconsistent with humanity, as may be deemed necessary by the commissioners for the government and control of the prisoners. (b) Prisoners refusing to work or while in solitary confinement shall receive no credit for the time so spent. Acts 1891, ch. 123, § 17; Shan., § 7422; Code 1932, § 12000; T.C.A. (orig. ed.), § 41-1402.
(a) Any prisoner refusing to work or becoming disorderly may be confined in solitary confinement and fed on bread and water or subjected to such other punishment, not inconsistent with humanity, as may be deemed necessary by the commissioners for the government and control of the prisoners.
(b) Prisoners refusing to work or while in solitary confinement shall receive no credit for the time so spent.
Acts 1891, ch. 123, § 17; Shan., § 7422; Code 1932, § 12000; T.C.A. (orig. ed.), § 41-1402.
Tenn. Code Ann. § 41-11-103 — TN Code / Title 41 / Chapter 11 / Section 41-11-103
Reimbursement of imprisonment expenses
Status: in_force

A county may seek reimbursement for any expense incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail. The county may seek reimbursement for each person who is or was an inmate for not more than sixty dollars ($60.00) a day for the expense of maintaining the inmate or the actual per diem cost of maintaining the inmate, whichever is less, for the entire time the person was confined in the county jail, including any period of pretrial detention. Acts 1995, ch. 522, § 4.
A county may seek reimbursement for any expense incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail. The county may seek reimbursement for each person who is or was an inmate for not more than sixty dollars ($60.00) a day for the expense of maintaining the inmate or the actual per diem cost of maintaining the inmate, whichever is less, for the entire time the person was confined in the county jail, including any period of pretrial detention.
Acts 1995, ch. 522, § 4.
Tenn. Code Ann. § 41-3-103 — TN Code / Title 41 / Chapter 3 / Section 41-3-103
Payment of earnings to prisoner held for safekeeping
Status: in_force

If a prisoner is confined for safekeeping, the prisoner's earnings, after paying for board, shall be paid over to the prisoner on discharge. Code 1858, §5414; Shan., § 7394; Code 1932, § 12001; T.C.A. (orig. ed.), § 41-1403.
If a prisoner is confined for safekeeping, the prisoner's earnings, after paying for board, shall be paid over to the prisoner on discharge.
Code 1858, §5414; Shan., § 7394; Code 1932, § 12001; T.C.A. (orig. ed.), § 41-1403.
Tenn. Code Ann. § 41-22-301 — TN Code / Title 41 / Chapter 22 / Section 41-22-301
Contracting board
Status: in_force

The county mayor, county clerk and sheriff of each county are constituted a board for their respective counties, whose duty it is to enter into contracts with public road commissioners or other officers or road contractors having the superintendence of working the public roads, for the employment on the public roads of inmates confined in the county jails for the nonpayment of fines and/or costs adjudged against them by the courts. Acts 1899, ch. 358, § 1; Shan., § 1682a1; mod. Code 1932, § 2814; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 41-1301; Acts 2003, ch. 90, § 2.
The county mayor, county clerk and sheriff of each county are constituted a board for their respective counties, whose duty it is to enter into contracts with public road commissioners or other officers or road contractors having the superintendence of working the public roads, for the employment on the public roads of inmates confined in the county jails for the nonpayment of fines and/or costs adjudged against them by the courts.
Acts 1899, ch. 358, § 1; Shan., § 1682a1; mod. Code 1932, § 2814; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 41-1301; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 41-9-201 — TN Code / Title 41 / Chapter 9 / Section 41-9-201
County community work project coordinator
Status: in_force

(a) In all counties of the state, the board or other governmental entity having charge of, supervision, and control of the county workhouse is authorized to employ or assign a person for the position of county community work project coordinator. Any person so employed or assigned shall be responsible for administering a community work project program for probationers placed under the jurisdiction of the county. The county legislative body shall approve the community work project program before the program is implemented. (b) The county community work project coordinator shall be compensated as other county employees and shall be supervised by the director of probation for the county. (c) The duties of the county community work project coordinator shall include, but are not limited to: (1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the county that may be performed by county probationer labor; (2) Interviewing and screening the county probationers available for community work projects in order to match their particular job skills with the type of labor needed; (3) Coordinating the various approved work projects to ensure that the county probationers available are being utilized efficiently and to the best of their abilities; (4) Regularly inspecting each approved work project to ensure that the county probationers are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and (5) Performing such other duties as may be assigned by the board or other governmental entity having charge of, supervision and control of the county workhouse. Acts 1986, ch. 742, § 1.
(a) In all counties of the state, the board or other governmental entity having charge of, supervision, and control of the county workhouse is authorized to employ or assign a person for the position of county community work project coordinator. Any person so employed or assigned shall be responsible for administering a community work project program for probationers placed under the jurisdiction of the county. The county legislative body shall approve the community work project program before the program is implemented.
(b) The county community work project coordinator shall be compensated as other county employees and shall be supervised by the director of probation for the county.
(c) The duties of the county community work project coordinator shall include, but are not limited to: (1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the county that may be performed by county probationer labor; (2) Interviewing and screening the county probationers available for community work projects in order to match their particular job skills with the type of labor needed; (3) Coordinating the various approved work projects to ensure that the county probationers available are being utilized efficiently and to the best of their abilities; (4) Regularly inspecting each approved work project to ensure that the county probationers are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and (5) Performing such other duties as may be assigned by the board or other governmental entity having charge of, supervision and control of the county workhouse.
(1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the county that may be performed by county probationer labor;
(2) Interviewing and screening the county probationers available for community work projects in order to match their particular job skills with the type of labor needed;
(3) Coordinating the various approved work projects to ensure that the county probationers available are being utilized efficiently and to the best of their abilities;
(4) Regularly inspecting each approved work project to ensure that the county probationers are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
(5) Performing such other duties as may be assigned by the board or other governmental entity having charge of, supervision and control of the county workhouse.
Acts 1986, ch. 742, § 1.
Tenn. Code Ann. § 41-22-202 — TN Code / Title 41 / Chapter 22 / Section 41-22-202
Purchase of necessary equipment - Temporary stockades - Rules and regulations
Status: in_force

(a) The commissioner of correction, with the approval of the governor, is authorized and directed to purchase equipment, such as tools, road working machinery and motor trucks for the speedy transfer of the inmates from one point to another, that may become necessary in the judgment of the commissioner to effectually and economically carry out §§ 41-22-201 - 41-22-204. (b) The commissioner is further authorized and directed to build temporary stockades in which to safely keep and house the prisoners working under the provisions of §§ 41-22-201 - 41-22-204 and to make such rules and regulations regarding their well being and safekeeping as in the commissioner's opinion are necessary. Acts 1981, ch. 378, § 1; T.C.A., § 41-502.
(a) The commissioner of correction, with the approval of the governor, is authorized and directed to purchase equipment, such as tools, road working machinery and motor trucks for the speedy transfer of the inmates from one point to another, that may become necessary in the judgment of the commissioner to effectually and economically carry out §§ 41-22-201 - 41-22-204.
(b) The commissioner is further authorized and directed to build temporary stockades in which to safely keep and house the prisoners working under the provisions of §§ 41-22-201 - 41-22-204 and to make such rules and regulations regarding their well being and safekeeping as in the commissioner's opinion are necessary.
Acts 1981, ch. 378, § 1; T.C.A., § 41-502.
Tenn. Code Ann. § 41-2-118 — TN Code / Title 41 / Chapter 2 / Section 41-2-118
Medical care of prisoners
Status: in_force

(a) Where any county has a health officer and jail physician, the person shall attend on all workhouse prisoners while they remain in the jail building after sentence to the workhouse and give them medicine and medical treatment as may be necessary. The health officer and physician shall receive no additional compensation for the services other than the person's regular salary. (b) Where there is no health officer and jail physician, the county may contract for services with a private physician. Acts 1891, ch. 123, § 21; Shan., § 7427; Code 1932, § 12036; T.C.A. (orig. ed.), § 41-1226; Acts 1986, ch. 744, § 11.
(a) Where any county has a health officer and jail physician, the person shall attend on all workhouse prisoners while they remain in the jail building after sentence to the workhouse and give them medicine and medical treatment as may be necessary. The health officer and physician shall receive no additional compensation for the services other than the person's regular salary.
(b) Where there is no health officer and jail physician, the county may contract for services with a private physician.
Acts 1891, ch. 123, § 21; Shan., § 7427; Code 1932, § 12036; T.C.A. (orig. ed.), § 41-1226; Acts 1986, ch. 744, § 11.
Tenn. Code Ann. § 41-8-114 — TN Code / Title 41 / Chapter 8 / Section 41-8-114
Counties free to seek other aid
Status: in_force

Nothing in this chapter shall be construed to limit the right of any county to accept any gift, grant or loan of funds or financial or other aid of any form that might otherwise be available to that county from the state or federal government or any agency of the state or federal government or from any other sources or from complying with the terms and conditions of the aid not inconsistent with this chapter. Acts 1981, ch. 491, § 14; T.C.A., § 41-10-114.
Nothing in this chapter shall be construed to limit the right of any county to accept any gift, grant or loan of funds or financial or other aid of any form that might otherwise be available to that county from the state or federal government or any agency of the state or federal government or from any other sources or from complying with the terms and conditions of the aid not inconsistent with this chapter.
Acts 1981, ch. 491, § 14; T.C.A., § 41-10-114.
Tenn. Code Ann. § 41-1-108 — TN Code / Title 41 / Chapter 1 / Section 41-1-108
Insurance on property
Status: in_force

The buildings, shops and other property belonging to the state, connected with the penitentiary, may be insured by the commissioner. Acts 1889, ch. 204, § 30; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7473; impl. am. Acts 1919, ch. 39, §§ 1, 2; Acts 1923, ch. 7, § 42; mod. Code 1932, § 12068; T.C.A. (orig. ed.), § 41-119.
The buildings, shops and other property belonging to the state, connected with the penitentiary, may be insured by the commissioner.
Acts 1889, ch. 204, § 30; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7473; impl. am. Acts 1919, ch. 39, §§ 1, 2; Acts 1923, ch. 7, § 42; mod. Code 1932, § 12068; T.C.A. (orig. ed.), § 41-119.
Tenn. Code Ann. § 41-6-106 — TN Code / Title 41 / Chapter 6 / Section 41-6-106
Disbursement of earnings
Status: in_force

After initial payment of board, the wages and salaries of inmates shall be disbursed for the following purposes in the order set forth: (1) Reimbursement to the victims of the offense in amounts and in the manner set forth in the contract executed between the inmate, the victim and the commissioner of correction; (2) Necessary travel expenses to and from work; (3) Support of dependents, if any, in amounts fixed by the department of correction; (4) Payment of any outstanding court costs assessed against the inmate; (5) Payment in full or ratably of obligations acknowledged in writing by the inmate; and (6) The balance, if any, to the inmate upon discharge from confinement. Acts 1976, ch. 818, § 6; T.C.A., § 41-2306.
After initial payment of board, the wages and salaries of inmates shall be disbursed for the following purposes in the order set forth:
(1) Reimbursement to the victims of the offense in amounts and in the manner set forth in the contract executed between the inmate, the victim and the commissioner of correction;
(2) Necessary travel expenses to and from work;
(3) Support of dependents, if any, in amounts fixed by the department of correction;
(4) Payment of any outstanding court costs assessed against the inmate;
(5) Payment in full or ratably of obligations acknowledged in writing by the inmate; and
(6) The balance, if any, to the inmate upon discharge from confinement.
Acts 1976, ch. 818, § 6; T.C.A., § 41-2306.
Tenn. Code Ann. § 41-21-905 — TN Code / Title 41 / Chapter 21 / Section 41-21-905
Investigation of inmates' assets - Action for reimbursement of costs of incarceration
Status: in_force

(a) The department shall investigate or cause to be investigated each report furnished pursuant to § 41-21-904 . (b) If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate. (c) Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part. Acts 1998, ch. 992, § 6.
(a) The department shall investigate or cause to be investigated each report furnished pursuant to § 41-21-904 .
(b) If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate.
(c) Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part.
Acts 1998, ch. 992, § 6.
Tenn. Code Ann. § 41-22-110 — TN Code / Title 41 / Chapter 22 / Section 41-22-110
Manufacturers for state
Status: in_force

In the event the authorities authorized and empowered in § 41-22-109 to make contracts for the sale or manufacture of the articles to be manufactured in accordance with the plan provided for in §§ 41-22-109 - 41-22-111 and 41-22-115 , are not able, after reasonable effort, to make and enter into satisfactory contracts of this character, those authorities are then empowered and authorized to use and employ the inmates in the manufacture of some article or articles, for and on behalf of the state itself, under the same general conditions, restrictions and rules as provided in §§ 41-22-111 and 41-22-115, and the authorities are also empowered and authorized to purchase or rent all machinery and equipment necessary to install the plants and to purchase necessary material for carrying on such manufacturing business. Acts 1919, ch. 40, § 2; Shan. Supp., § 7581a24; Code 1932, § 12206; mod. C. Supp. 1950, § 12206; T.C.A. (orig. ed.), § 41-411.
In the event the authorities authorized and empowered in § 41-22-109 to make contracts for the sale or manufacture of the articles to be manufactured in accordance with the plan provided for in §§ 41-22-109 - 41-22-111 and 41-22-115 , are not able, after reasonable effort, to make and enter into satisfactory contracts of this character, those authorities are then empowered and authorized to use and employ the inmates in the manufacture of some article or articles, for and on behalf of the state itself, under the same general conditions, restrictions and rules as provided in §§ 41-22-111 and 41-22-115, and the authorities are also empowered and authorized to purchase or rent all machinery and equipment necessary to install the plants and to purchase necessary material for carrying on such manufacturing business.
Acts 1919, ch. 40, § 2; Shan. Supp., § 7581a24; Code 1932, § 12206; mod. C. Supp. 1950, § 12206; T.C.A. (orig. ed.), § 41-411.
Tenn. Code Ann. § 41-24-115 — TN Code / Title 41 / Chapter 24 / Section 41-24-115
Rules and regulations
Status: in_force

The commissioner is authorized and directed to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as required to effectuate the purposes of this chapter. Acts 1986, ch. 932, § 15.
The commissioner is authorized and directed to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as required to effectuate the purposes of this chapter.
Acts 1986, ch. 932, § 15.
Tenn. Code Ann. § 41-21-302 — TN Code / Title 41 / Chapter 21 / Section 41-21-302
Right to counsel
Status: in_force

If a bill or petition is filed against an inmate in any court having jurisdiction, or any interrogatories propounded to the inmate as a party to the suit, that require to be answered, the inmate may be allowed the aid of counsel to prepare an answer. Code 1858, § 5550; Shan., § 7572; Code 1932, § 12170; T.C.A. (orig. ed.), § 41-602.
If a bill or petition is filed against an inmate in any court having jurisdiction, or any interrogatories propounded to the inmate as a party to the suit, that require to be answered, the inmate may be allowed the aid of counsel to prepare an answer.
Code 1858, § 5550; Shan., § 7572; Code 1932, § 12170; T.C.A. (orig. ed.), § 41-602.
Tenn. Code Ann. § 41-12-118 — TN Code / Title 41 / Chapter 12 / Section 41-12-118
Policy of competitive bidding - Applicable laws
Status: in_force

(a) The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities. (b) An authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2. Acts 2008, ch. 1092, § 19.
(a) The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities.
(b) An authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2.
Acts 2008, ch. 1092, § 19.
Tenn. Code Ann. § 41-24-118 — TN Code / Title 41 / Chapter 24 / Section 41-24-118
Transfer of employees of community services agencies to the department of correction
Status: in_force

(a) Notwithstanding any provisions of law to the contrary, including [former] § 8-30-309 , and recognizing the years of faithful and dedicated service to the department by the employees of community services agencies providing correctional health services for the department, community services agency employees who serve in jobs that would be classified as career service, as defined in [former] § 8-30-208 , had they been employed in the state service, and whose functions and positions are transferred to the department by the commissioner on or before July 1, 2005, shall be transferred into the department and shall receive the benefits and protection of career service status, and shall be eligible for participation in the state health insurance plan on June 7, 2005, without further examination or competition. (b) No employee so transferred shall be subject to § 8-30-308 , as a result of this transfer, if the employee has worked for the community services agencies for a length of time equal to the probationary period applying to the equivalent state service position; and, if not, the employee shall complete the probationary period after the employee's transfer to the department. (c) All transfers shall take place no later than July 1, 2005. (d) Transfers of employees from the community services agencies to the department, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; provided, however, that this shall not impair the department's authority, through established policies and procedures, to correct salary disparities. (e) Any employee so transferred shall be eligible for promotion pursuant to title 8, chapter 30, after the transfer takes effect. Acts 2005, ch. 358, §1; 2012 , ch. 800, § 49.
(a) Notwithstanding any provisions of law to the contrary, including [former] § 8-30-309 , and recognizing the years of faithful and dedicated service to the department by the employees of community services agencies providing correctional health services for the department, community services agency employees who serve in jobs that would be classified as career service, as defined in [former] § 8-30-208 , had they been employed in the state service, and whose functions and positions are transferred to the department by the commissioner on or before July 1, 2005, shall be transferred into the department and shall receive the benefits and protection of career service status, and shall be eligible for participation in the state health insurance plan on June 7, 2005, without further examination or competition.
(b) No employee so transferred shall be subject to § 8-30-308 , as a result of this transfer, if the employee has worked for the community services agencies for a length of time equal to the probationary period applying to the equivalent state service position; and, if not, the employee shall complete the probationary period after the employee's transfer to the department.
(c) All transfers shall take place no later than July 1, 2005.
(d) Transfers of employees from the community services agencies to the department, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; provided, however, that this shall not impair the department's authority, through established policies and procedures, to correct salary disparities.
(e) Any employee so transferred shall be eligible for promotion pursuant to title 8, chapter 30, after the transfer takes effect.
Acts 2005, ch. 358, §1; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 41-21-508 — TN Code / Title 41 / Chapter 21 / Section 41-21-508
Compensation of director, counselors and staff members
Status: in_force

The director, counselors and other staff members assigned the division shall have their compensation, if any, set in accordance with appropriate statutes dealing with the compensation of state employees. Acts 1970, ch. 471, § 8; T.C.A., § 41-1808.
The director, counselors and other staff members assigned the division shall have their compensation, if any, set in accordance with appropriate statutes dealing with the compensation of state employees.
Acts 1970, ch. 471, § 8; T.C.A., § 41-1808.
Tenn. Code Ann. § 41-21-604 — TN Code / Title 41 / Chapter 21 / Section 41-21-604
Agreements on contractual basis
Status: in_force

Agreements shall be on a contractual basis. All participants shall be paid the entire amount specified in the contract, even if the participant is not able to complete the experiment because of the adverse effect of the drug or other treatment. Acts 1974, ch. 770, § 5; T.C.A., § 41-2204.
Agreements shall be on a contractual basis. All participants shall be paid the entire amount specified in the contract, even if the participant is not able to complete the experiment because of the adverse effect of the drug or other treatment.
Acts 1974, ch. 770, § 5; T.C.A., § 41-2204.
Tenn. Code Ann. § 41-2-146 — TN Code / Title 41 / Chapter 2 / Section 41-2-146
Workhouse or jail maintenance work - Reduction of sentence for inmate labor
Status: in_force

(a) When any prisoner has been sentenced to imprisonment in a county workhouse or jail or is serving time in the county jail or workhouse pursuant to an agreement with the department of correction, the sheriff or superintendent of the county shall be authorized to permit the prisoner to participate in work programs. (b) Work performed by the prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days. Acts 1980, ch. 688, § 1; 1981, ch. 276, §§ 1-5; T.C.A., §41-1257; Acts 1986, ch. 744, § 24.
(a) When any prisoner has been sentenced to imprisonment in a county workhouse or jail or is serving time in the county jail or workhouse pursuant to an agreement with the department of correction, the sheriff or superintendent of the county shall be authorized to permit the prisoner to participate in work programs.
(b) Work performed by the prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days.
Acts 1980, ch. 688, § 1; 1981, ch. 276, §§ 1-5; T.C.A., §41-1257; Acts 1986, ch. 744, § 24.
Tenn. Code Ann. § 41-21-235 — TN Code / Title 41 / Chapter 21 / Section 41-21-235
Sexual abuse treatment program for incarcerated sex offenders
Status: in_force

(a) The department of correction, in cooperation with the department of mental health and substance abuse services, shall develop a sexual abuse treatment program for sex offenders incarcerated after the program is instituted. (b) Successful participation and completion of the treatment program shall be a consideration for parole from a correctional institution. Acts 1985, ch. 478, § 35; 1998, ch. 970, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.
(a) The department of correction, in cooperation with the department of mental health and substance abuse services, shall develop a sexual abuse treatment program for sex offenders incarcerated after the program is instituted.
(b) Successful participation and completion of the treatment program shall be a consideration for parole from a correctional institution.
Acts 1985, ch. 478, § 35; 1998, ch. 970, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.
Tenn. Code Ann. § 41-1-404 — TN Code / Title 41 / Chapter 1 / Section 41-1-404
Alternatives in sentencing
Status: in_force

The general assembly finds that the following policy statements regarding the criminal justice system are of importance to the state correction system: (1) Trial judges are encouraged to use alternatives to incarceration as long as the alternatives include requirements of reparation or victim compensation; and (2) Trial judges shall be provided a presentence report with sufficient information to make a proper evaluation and disposition of a defendant. Acts 1983, ch. 467, § 4.
The general assembly finds that the following policy statements regarding the criminal justice system are of importance to the state correction system:
(1) Trial judges are encouraged to use alternatives to incarceration as long as the alternatives include requirements of reparation or victim compensation; and
(2) Trial judges shall be provided a presentence report with sufficient information to make a proper evaluation and disposition of a defendant.
Acts 1983, ch. 467, § 4.
Tenn. Code Ann. § 41-22-115 — TN Code / Title 41 / Chapter 22 / Section 41-22-115
Pricing of manufactured articles
Status: in_force

In order that any competition between the labor of inmates to be worked directly by and for the benefit of the state and free labor shall be reduced to its practical minimum, all reasonable efforts shall be made to dispose of the articles manufactured by inmates at such prices as will best protect the financial interests of the state. Acts 1919, ch. 40, § 1; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; Acts 1972, ch. 701, § 2; T.C.A. (orig. ed.), § 41-416.
In order that any competition between the labor of inmates to be worked directly by and for the benefit of the state and free labor shall be reduced to its practical minimum, all reasonable efforts shall be made to dispose of the articles manufactured by inmates at such prices as will best protect the financial interests of the state.
Acts 1919, ch. 40, § 1; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; Acts 1972, ch. 701, § 2; T.C.A. (orig. ed.), § 41-416.
Tenn. Code Ann. § 41-21-702 — TN Code / Title 41 / Chapter 21 / Section 41-21-702
Contents of Part I of roster
Status: in_force

(a) Part I of the roster shall be divided into the following sections: (1) Trusties; (2) Work release; (3) Educational release; (4) Restitutional release; (5) Prerelease; (6) Furloughs; and (7) Paroles. (b) Part I shall also contain an individual section for any other program whereby an inmate may receive the privilege of supervised or unsupervised release into the community. (c) The following information shall be provided in Part I for each inmate listed in Part I: (1) The crime or crimes for which the inmate is incarcerated; (2) The date or dates of conviction; (3) The sentence or sentences imposed; (4) Time served; (5) The effective dates of the privilege; (6) The inmate's security classification; (7) The department facility, if applicable, where the inmate will be housed while the privilege is in effect; and (8) Any governmental entity sharing responsibility for the inmate's supervision while the privilege is in effect. (d) The department is authorized to include such additional information as it determines is needed for clarification or justification of an inmate's participation. Acts 1978, ch. 873, §§ 4, 6; 1980, ch. 721, §§ 1, 3; T.C.A., § 41-2502; T.C.A. § 41-25-102.
(a) Part I of the roster shall be divided into the following sections: (1) Trusties; (2) Work release; (3) Educational release; (4) Restitutional release; (5) Prerelease; (6) Furloughs; and (7) Paroles.
(1) Trusties;
(2) Work release;
(3) Educational release;
(4) Restitutional release;
(5) Prerelease;
(6) Furloughs; and
(7) Paroles.
(b) Part I shall also contain an individual section for any other program whereby an inmate may receive the privilege of supervised or unsupervised release into the community.
(c) The following information shall be provided in Part I for each inmate listed in Part I: (1) The crime or crimes for which the inmate is incarcerated; (2) The date or dates of conviction; (3) The sentence or sentences imposed; (4) Time served; (5) The effective dates of the privilege; (6) The inmate's security classification; (7) The department facility, if applicable, where the inmate will be housed while the privilege is in effect; and (8) Any governmental entity sharing responsibility for the inmate's supervision while the privilege is in effect.
(1) The crime or crimes for which the inmate is incarcerated;
(2) The date or dates of conviction;
(3) The sentence or sentences imposed;
(4) Time served;
(5) The effective dates of the privilege;
(6) The inmate's security classification;
(7) The department facility, if applicable, where the inmate will be housed while the privilege is in effect; and
(8) Any governmental entity sharing responsibility for the inmate's supervision while the privilege is in effect.
(d) The department is authorized to include such additional information as it determines is needed for clarification or justification of an inmate's participation.
Acts 1978, ch. 873, §§ 4, 6; 1980, ch. 721, §§ 1, 3; T.C.A., § 41-2502; T.C.A. § 41-25-102.
Tenn. Code Ann. § 41-22-401 — TN Code / Title 41 / Chapter 22 / Section 41-22-401
Short title
Status: in_force

This part shall be known and may be cited as the "TRICOR Inmate Labor Act of 1994." Acts 1994, ch. 737, § 1; 2003, ch. 187, § 8.
This part shall be known and may be cited as the "TRICOR Inmate Labor Act of 1994."
Acts 1994, ch. 737, § 1; 2003, ch. 187, § 8.
Tenn. Code Ann. § 41-2-141 — TN Code / Title 41 / Chapter 2 / Section 41-2-141
Rules and regulations governing work release program
Status: in_force

(a) The sheriff, the correctional/rehabilitation work release coordinator and the warden of the workhouse shall establish rules and regulations for the orderly operation of the work release program. The rules and regulations must be approved by the commission. (b) A violation of any rules and regulations so promulgated shall constitute cause for the removal of the prisoner from the program under the provisions of § 41-2-136 . Acts 1967, ch. 285, § 9; 1973, ch. 87, § 1; T.C.A., § 41-1252.
(a) The sheriff, the correctional/rehabilitation work release coordinator and the warden of the workhouse shall establish rules and regulations for the orderly operation of the work release program. The rules and regulations must be approved by the commission.
(b) A violation of any rules and regulations so promulgated shall constitute cause for the removal of the prisoner from the program under the provisions of § 41-2-136 .
Acts 1967, ch. 285, § 9; 1973, ch. 87, § 1; T.C.A., § 41-1252.
Tenn. Code Ann. § 41-22-104 — TN Code / Title 41 / Chapter 22 / Section 41-22-104
Grading of railroads into state mines
Status: in_force

(a) The commissioner of correction may contract with any railroad company to do the grading of any railroad extension into the coal lands of the state and, in case the state engages to do the grading, the working of the inmates upon grade work is authorized. The working of the inmates shall be under the commissioner. (b) The commissioner may accept, in remuneration for the grading, county bonds or first mortgage bonds of a railroad. Acts 1915, ch. 114, § 11; Shan., § 7581a19; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12197; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-404.
(a) The commissioner of correction may contract with any railroad company to do the grading of any railroad extension into the coal lands of the state and, in case the state engages to do the grading, the working of the inmates upon grade work is authorized. The working of the inmates shall be under the commissioner.
(b) The commissioner may accept, in remuneration for the grading, county bonds or first mortgage bonds of a railroad.
Acts 1915, ch. 114, § 11; Shan., § 7581a19; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12197; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-404.
Tenn. Code Ann. § 41-22-208 — TN Code / Title 41 / Chapter 22 / Section 41-22-208
Consideration of applications
Status: in_force

In the event two (2) or more counties make application for inmate labor, the applications shall be considered in the order in which filed with the commissioner of correction; provided, that the commissioner may reject any application if the commissioner determine that the inmates can be used to better advantage. Acts 1981, ch. 378, § 1; T.C.A., § 41-508.
In the event two (2) or more counties make application for inmate labor, the applications shall be considered in the order in which filed with the commissioner of correction; provided, that the commissioner may reject any application if the commissioner determine that the inmates can be used to better advantage.
Acts 1981, ch. 378, § 1; T.C.A., § 41-508.
Tenn. Code Ann. § 41-21-201 — TN Code / Title 41 / Chapter 21 / Section 41-21-201
Duty of warden
Status: in_force

The warden is charged with the duty of treating the inmates with humanity and kindness and protecting them from harsh and cruel treatment and overwork. Acts 1883, ch. 171, § 3; Shan., § 7498; Code 1932, § 12094; T.C.A. (orig. ed.), § 41-301.
The warden is charged with the duty of treating the inmates with humanity and kindness and protecting them from harsh and cruel treatment and overwork.
Acts 1883, ch. 171, § 3; Shan., § 7498; Code 1932, § 12094; T.C.A. (orig. ed.), § 41-301.
Tenn. Code Ann. § 41-1-120 — TN Code / Title 41 / Chapter 1 / Section 41-1-120
Improvement of penitentiary at Petros
Status: in_force

Notwithstanding any other law to the contrary, it is the highest priority that the penitentiary at Petros be improved, renovated or rebuilt as necessary to make the institution suitable for use as a time-building institution to house maximum security inmates, primarily, and also medium security or other inmates. The institution shall be named the Brushy Mountain State Penitentiary and shall be the primary maximum security prison designed to house the highest security risk inmates in the system. Acts 1985 (1st Ex. Sess.), ch. 5, § 47; T.C.A., § 41-1-121 .
Notwithstanding any other law to the contrary, it is the highest priority that the penitentiary at Petros be improved, renovated or rebuilt as necessary to make the institution suitable for use as a time-building institution to house maximum security inmates, primarily, and also medium security or other inmates. The institution shall be named the Brushy Mountain State Penitentiary and shall be the primary maximum security prison designed to house the highest security risk inmates in the system.
Acts 1985 (1st Ex. Sess.), ch. 5, § 47; T.C.A., § 41-1-121 .
Tenn. Code Ann. § 41-21-210 — TN Code / Title 41 / Chapter 21 / Section 41-21-210
Employment adapted to inmate's condition
Status: in_force

The particular employment of each inmate shall be such as is best adapted to the inmate's age, sex and state of health, having due regard to that employment that is most profitable. Code 1858, § 5504 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7523; mod. Code 1932, § 12120; T.C.A. (orig. ed.), § 41-328.
The particular employment of each inmate shall be such as is best adapted to the inmate's age, sex and state of health, having due regard to that employment that is most profitable.
Code 1858, § 5504 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7523; mod. Code 1932, § 12120; T.C.A. (orig. ed.), § 41-328.
Tenn. Code Ann. § 41-23-204 — TN Code / Title 41 / Chapter 23 / Section 41-23-204
Furloughs - Grounds and conditions
Status: in_force

(a) A furlough pursuant to this compact may be granted to an inmate for the following reasons: (1) To visit a critically ill relative; or (2) To attend a funeral of a relative. (b) A furlough among states which are party to the compact shall be granted for a period not to exceed four (4) days, including travel time. (c) For those inmates ineligible for an unescorted furlough, the sending state, in emergency situations, as defined below, may furlough those inmates under escort to a state which is party to this compact. All inmates on escorted furlough shall be under the guard and jurisdiction of an authorized person from the sending state and shall be under the continuous supervision of that person as consistent with § 41-23-207 . (1) An emergency situation shall apply only to visiting a critically ill relative or attending a funeral of a relative. In all such instances, the sending state shall first verify the legitimacy of the request and if verified shall request the receiving state to approve or reject the proposed furlough. (2) Escorted furloughs granted for these reasons shall not exceed four (4) days, including travel time. (d) Prior to the authorization for an inmate to go beyond the limits of the state, the appropriate official shall obtain a written waiver of extradition from the inmate waiving the right to be extradited from any state to which the inmate is furloughed or from any state where the inmate was apprehended. (e) The grant of a stipulated period of furlough may be terminated by either the sending or receiving state upon written showing of cause. In those instances, the furloughed inmate shall be given reasonable opportunity to obtain the information, including written statements of witnesses and other documentation, which may be of assistance to the inmate in subsequent disciplinary hearings by the sending state for those events or violations that caused termination of the furlough. Reasonable costs for gathering of the information shall be chargeable to the inmate on furlough. (f) Inmates from the sending state, who are on interstate furlough in the receiving state, shall be subject to all the provisions of laws and regulations applicable to those on interstate furlough status within the receiving state, not inconsistent with the sentence imposed. Acts 1987, ch. 231, § 5.
(a) A furlough pursuant to this compact may be granted to an inmate for the following reasons: (1) To visit a critically ill relative; or (2) To attend a funeral of a relative.
(1) To visit a critically ill relative; or
(2) To attend a funeral of a relative.
(b) A furlough among states which are party to the compact shall be granted for a period not to exceed four (4) days, including travel time.
(c) For those inmates ineligible for an unescorted furlough, the sending state, in emergency situations, as defined below, may furlough those inmates under escort to a state which is party to this compact. All inmates on escorted furlough shall be under the guard and jurisdiction of an authorized person from the sending state and shall be under the continuous supervision of that person as consistent with § 41-23-207 . (1) An emergency situation shall apply only to visiting a critically ill relative or attending a funeral of a relative. In all such instances, the sending state shall first verify the legitimacy of the request and if verified shall request the receiving state to approve or reject the proposed furlough. (2) Escorted furloughs granted for these reasons shall not exceed four (4) days, including travel time.
(1) An emergency situation shall apply only to visiting a critically ill relative or attending a funeral of a relative. In all such instances, the sending state shall first verify the legitimacy of the request and if verified shall request the receiving state to approve or reject the proposed furlough.
(2) Escorted furloughs granted for these reasons shall not exceed four (4) days, including travel time.
(d) Prior to the authorization for an inmate to go beyond the limits of the state, the appropriate official shall obtain a written waiver of extradition from the inmate waiving the right to be extradited from any state to which the inmate is furloughed or from any state where the inmate was apprehended.
(e) The grant of a stipulated period of furlough may be terminated by either the sending or receiving state upon written showing of cause. In those instances, the furloughed inmate shall be given reasonable opportunity to obtain the information, including written statements of witnesses and other documentation, which may be of assistance to the inmate in subsequent disciplinary hearings by the sending state for those events or violations that caused termination of the furlough. Reasonable costs for gathering of the information shall be chargeable to the inmate on furlough.
(f) Inmates from the sending state, who are on interstate furlough in the receiving state, shall be subject to all the provisions of laws and regulations applicable to those on interstate furlough status within the receiving state, not inconsistent with the sentence imposed.
Acts 1987, ch. 231, § 5.
Tenn. Code Ann. § 41-21-510 — TN Code / Title 41 / Chapter 21 / Section 41-21-510
Work release programs - Domicile of inmates
Status: in_force

(a) The division also has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during necessary and reasonable hours to engage in approved work, conduct their own businesses or practice legitimate self-employed occupations, provided places of employment are located in the state. Other first term inmates and second term inmates may be released during appropriate times to seek employment in the state during or following terms of imprisonment. (b) (1) First term inmates and second term inmates assigned to work release programs may be domiciled in local or county detention facilities in any area of the state or at other supervised confinement facilities approved for the purpose by the department of correction; provided, that appropriate authorities of those facilities have agreed to board subject inmates in accordance with directives established by the division. Fees for boarding inmates shall be in accordance with mutual agreements between local and county authorities and the department, but in no case shall exceed a per prisoner rate of five dollars ($5.00) a day. (2) First term inmates and second term inmates assigned to work release programs may be domiciled in the special alternative incarceration sites established pursuant to this part. Every inmate domiciled at such site shall be liable for reasonable charges for board as fixed by the commissioner of correction. (c) First term inmates assigned to the work release programs may be domiciled in private treatment facilities accredited by the American Correction Association in any area of the state that meets the approval of the commissioner; provided, that the appropriate authorities of those facilities have agreed to board the inmates in accordance with the directives established by the division. Fees for boarding inmates shall be in accordance with written agreements between appropriate officials of the private treatment facilities and the department of correction, but in no case shall fees exceed a per inmate rate of sixteen dollars ($16.00) per day, exclusive of any additional fees that may be agreed upon by the inmate and the private treatment facilities. (d) Orders for work release programs may be rescinded or modified at any time with or without notice to concerned inmates. Infractions of rules or abuse of privileges shall not be tolerated. Acts 1970, ch. 471, § 10; 1972, ch. 538, § 7; 1982, ch. 787, § 1; T.C.A., § 41-1810; Acts 1988, ch. 994, § 2.
(a) The division also has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during necessary and reasonable hours to engage in approved work, conduct their own businesses or practice legitimate self-employed occupations, provided places of employment are located in the state. Other first term inmates and second term inmates may be released during appropriate times to seek employment in the state during or following terms of imprisonment.
(b) (1) First term inmates and second term inmates assigned to work release programs may be domiciled in local or county detention facilities in any area of the state or at other supervised confinement facilities approved for the purpose by the department of correction; provided, that appropriate authorities of those facilities have agreed to board subject inmates in accordance with directives established by the division. Fees for boarding inmates shall be in accordance with mutual agreements between local and county authorities and the department, but in no case shall exceed a per prisoner rate of five dollars ($5.00) a day. (2) First term inmates and second term inmates assigned to work release programs may be domiciled in the special alternative incarceration sites established pursuant to this part. Every inmate domiciled at such site shall be liable for reasonable charges for board as fixed by the commissioner of correction.
(1) First term inmates and second term inmates assigned to work release programs may be domiciled in local or county detention facilities in any area of the state or at other supervised confinement facilities approved for the purpose by the department of correction; provided, that appropriate authorities of those facilities have agreed to board subject inmates in accordance with directives established by the division. Fees for boarding inmates shall be in accordance with mutual agreements between local and county authorities and the department, but in no case shall exceed a per prisoner rate of five dollars ($5.00) a day.
(2) First term inmates and second term inmates assigned to work release programs may be domiciled in the special alternative incarceration sites established pursuant to this part. Every inmate domiciled at such site shall be liable for reasonable charges for board as fixed by the commissioner of correction.
(c) First term inmates assigned to the work release programs may be domiciled in private treatment facilities accredited by the American Correction Association in any area of the state that meets the approval of the commissioner; provided, that the appropriate authorities of those facilities have agreed to board the inmates in accordance with the directives established by the division. Fees for boarding inmates shall be in accordance with written agreements between appropriate officials of the private treatment facilities and the department of correction, but in no case shall fees exceed a per inmate rate of sixteen dollars ($16.00) per day, exclusive of any additional fees that may be agreed upon by the inmate and the private treatment facilities.
(d) Orders for work release programs may be rescinded or modified at any time with or without notice to concerned inmates. Infractions of rules or abuse of privileges shall not be tolerated.
Acts 1970, ch. 471, § 10; 1972, ch. 538, § 7; 1982, ch. 787, § 1; T.C.A., § 41-1810; Acts 1988, ch. 994, § 2.
Tenn. Code Ann. § 41-21-514 — TN Code / Title 41 / Chapter 21 / Section 41-21-514
Failure to return as evidence of intent to escape
Status: in_force

In the event inmates participating in outside scholastic or work programs fail to return to correctional institutions within specified time limits, such failures shall constitute prima facie evidence of intent to escape, and offending inmates shall thereby be liable to those penalties that are imposed or shall hereafter be imposed under the general laws of the state for the crime of escape. Acts 1970, ch. 471, § 14; T.C.A., § 41-1814.
In the event inmates participating in outside scholastic or work programs fail to return to correctional institutions within specified time limits, such failures shall constitute prima facie evidence of intent to escape, and offending inmates shall thereby be liable to those penalties that are imposed or shall hereafter be imposed under the general laws of the state for the crime of escape.
Acts 1970, ch. 471, § 14; T.C.A., § 41-1814.
Tenn. Code Ann. § 41-8-109 — TN Code / Title 41 / Chapter 8 / Section 41-8-109
Grants or loans to counties by state funding board - Restrictions
Status: in_force

(a) The state funding board is authorized to make grants or loans, as funds are available, to any approved applicant county to assist that county in the construction or renovation of a correctional facility. (b) No county shall award any construction contract in reliance on a grant or loan until such time as the state funding board and the county have executed a contract pursuant to § 41-8-110 or § 41-8-111 , and until the state building commission has acted pursuant to § 4-15-102 , when an application for a grant has been approved. Acts 1981, ch. 491, § 9; T.C.A., § 41-10-109.
(a) The state funding board is authorized to make grants or loans, as funds are available, to any approved applicant county to assist that county in the construction or renovation of a correctional facility.
(b) No county shall award any construction contract in reliance on a grant or loan until such time as the state funding board and the county have executed a contract pursuant to § 41-8-110 or § 41-8-111 , and until the state building commission has acted pursuant to § 4-15-102 , when an application for a grant has been approved.
Acts 1981, ch. 491, § 9; T.C.A., § 41-10-109.
Tenn. Code Ann. § 41-21-224 — TN Code / Title 41 / Chapter 21 / Section 41-21-224
Notice of release of inmate
Status: in_force

(a) Whenever any inmate is released by reason of the expiration of the inmate's term of imprisonment from the penitentiary, the warden shall immediately give written notice of the release to the sheriff of the county and the chief of police of the municipality to which the inmate will return and to the district attorney general of the judicial district to which the inmate will return. (b) The notice shall clearly state: (1) The name of the inmate; (2) The offense for which the inmate was convicted; (3) The date of the conviction; (4) The date of the inmate's release; and (5) When conviction is based on a morals charge, the nature of the charge. Acts 1955, ch. 156, § 1; 1977, ch. 320, § 1; T.C.A., § 41-353; Acts 1988, ch. 999, § 2; 1999, ch. 392, §§ 1 - 3.
(a) Whenever any inmate is released by reason of the expiration of the inmate's term of imprisonment from the penitentiary, the warden shall immediately give written notice of the release to the sheriff of the county and the chief of police of the municipality to which the inmate will return and to the district attorney general of the judicial district to which the inmate will return.
(b) The notice shall clearly state: (1) The name of the inmate; (2) The offense for which the inmate was convicted; (3) The date of the conviction; (4) The date of the inmate's release; and (5) When conviction is based on a morals charge, the nature of the charge.
(1) The name of the inmate;
(2) The offense for which the inmate was convicted;
(3) The date of the conviction;
(4) The date of the inmate's release; and
(5) When conviction is based on a morals charge, the nature of the charge.
Acts 1955, ch. 156, § 1; 1977, ch. 320, § 1; T.C.A., § 41-353; Acts 1988, ch. 999, § 2; 1999, ch. 392, §§ 1 - 3.
Tenn. Code Ann. § 41-2-143 — TN Code / Title 41 / Chapter 2 / Section 41-2-143
Conditions for furlough - Procedure
Status: in_force

(a) Whenever any person has been committed to the county jail or county workhouse, any sheriff or workhouse superintendent of a county with a population of eight hundred thousand (800,000) or more, according to the 1980 federal census or any subsequent federal census, is authorized, in the official's sole discretion, to permit an inmate to leave the place of confinement on furlough under such rules and regulations as may be prescribed and promulgated by the sheriff or workhouse superintendent. (b) Whenever any person has been committed to the workhouse in a county having a metropolitan form of government, the metropolitan sheriff is authorized, in the sheriff's sole discretion, to permit an inmate to leave the place of confinement on furlough, under such rules and regulations as may be prescribed and promulgated by the sheriff. (c) All furloughs shall be made on an individual basis under reasonable conditions to inmates: (1) In the event of serious illness or death of a member of the inmate's immediate family; (2) Who is on the work release program; or (3) Who has remaining before the inmate's scheduled release date a certain maximum number of days, which maximum number of days shall be fixed by a schedule to be included in the rules and regulations prescribed and promulgated by the sheriff or workhouse superintendent. (d) Furlough will be for a maximum of three (3) days, unless a longer time is specifically authorized by the sheriff or workhouse superintendent, and shall be granted only to those with a record of behavior and conduct as to be worthy of the privilege. (e) Any inmate eligible to be granted a furlough by the sheriff, chief jail administrator or workhouse superintendent may make application to that superintendent or sheriff upon forms furnished by the workhouse or sheriff's department. The sheriff or the workhouse superintendent, after due consideration, may approve, reject or modify the request for furlough or may defer action on a request. The request shall be granted only upon notification of the furlough to the committing judge and to law enforcement authorities in the county of the prisoner's former residence. Amended by 2022 Tenn. Acts, ch. 900, s 7, eff. 7/1/2022. Acts 1973, ch. 13, § 2; 1977, ch. 372, § 2; T.C.A., § 41-1254; Acts 1987, ch. 49, § 2.
(a) Whenever any person has been committed to the county jail or county workhouse, any sheriff or workhouse superintendent of a county with a population of eight hundred thousand (800,000) or more, according to the 1980 federal census or any subsequent federal census, is authorized, in the official's sole discretion, to permit an inmate to leave the place of confinement on furlough under such rules and regulations as may be prescribed and promulgated by the sheriff or workhouse superintendent.
(b) Whenever any person has been committed to the workhouse in a county having a metropolitan form of government, the metropolitan sheriff is authorized, in the sheriff's sole discretion, to permit an inmate to leave the place of confinement on furlough, under such rules and regulations as may be prescribed and promulgated by the sheriff.
(c) All furloughs shall be made on an individual basis under reasonable conditions to inmates: (1) In the event of serious illness or death of a member of the inmate's immediate family; (2) Who is on the work release program; or (3) Who has remaining before the inmate's scheduled release date a certain maximum number of days, which maximum number of days shall be fixed by a schedule to be included in the rules and regulations prescribed and promulgated by the sheriff or workhouse superintendent.
(1) In the event of serious illness or death of a member of the inmate's immediate family;
(2) Who is on the work release program; or
(3) Who has remaining before the inmate's scheduled release date a certain maximum number of days, which maximum number of days shall be fixed by a schedule to be included in the rules and regulations prescribed and promulgated by the sheriff or workhouse superintendent.
(d) Furlough will be for a maximum of three (3) days, unless a longer time is specifically authorized by the sheriff or workhouse superintendent, and shall be granted only to those with a record of behavior and conduct as to be worthy of the privilege.
(e) Any inmate eligible to be granted a furlough by the sheriff, chief jail administrator or workhouse superintendent may make application to that superintendent or sheriff upon forms furnished by the workhouse or sheriff's department. The sheriff or the workhouse superintendent, after due consideration, may approve, reject or modify the request for furlough or may defer action on a request. The request shall be granted only upon notification of the furlough to the committing judge and to law enforcement authorities in the county of the prisoner's former residence.
Amended by 2022 Tenn. Acts, ch. 900, s 7, eff. 7/1/2022.
Acts 1973, ch. 13, § 2; 1977, ch. 372, § 2; T.C.A., § 41-1254; Acts 1987, ch. 49, § 2.
Tenn. Code Ann. § 41-21-906 — TN Code / Title 41 / Chapter 21 / Section 41-21-906
Inmates required to cooperate - Lack of cooperation consideration in parole determination
Status: in_force

(a) An inmate shall fully cooperate with the state by providing complete financial information for purposes under this part. (b) The failure of an inmate to fully cooperate as provided in subsection (a) may be considered by the board of parole for purposes of a parole determination. Acts 1998, ch. 992, § 7.
(a) An inmate shall fully cooperate with the state by providing complete financial information for purposes under this part.
(b) The failure of an inmate to fully cooperate as provided in subsection (a) may be considered by the board of parole for purposes of a parole determination.
Acts 1998, ch. 992, § 7.
Tenn. Code Ann. § 41-21-208 — TN Code / Title 41 / Chapter 21 / Section 41-21-208
Work within and outside prisons
Status: in_force

(a) The inmates shall be worked within the walls of the prison, except when otherwise provided in this code. (b) (1) The commissioner of correction, with the approval of the governor when it appears to be in the best interests of this state, is authorized to permit inmates to work at other places in this state other than within the walls of the prison. Any other work performed by the inmates shall be in connection with the duties and functions of the various departments, commissions and divisions of state, municipal and county governments and upon property owned or leased to the state of Tennessee or its political subdivisions. (2) The commissioner is authorized to make any rules, regulations and conditions that the commissioner deems necessary and advisable in connection with the performance of such work by inmates. Code 1858, § 5532; Shan., § 7551; mod. Code 1932, § 12150; Acts 1963, ch. 180, § 2; 1970, ch. 391, § 1; T.C.A. (orig. ed.), § 41-326.
(a) The inmates shall be worked within the walls of the prison, except when otherwise provided in this code.
(b) (1) The commissioner of correction, with the approval of the governor when it appears to be in the best interests of this state, is authorized to permit inmates to work at other places in this state other than within the walls of the prison. Any other work performed by the inmates shall be in connection with the duties and functions of the various departments, commissions and divisions of state, municipal and county governments and upon property owned or leased to the state of Tennessee or its political subdivisions. (2) The commissioner is authorized to make any rules, regulations and conditions that the commissioner deems necessary and advisable in connection with the performance of such work by inmates.
(1) The commissioner of correction, with the approval of the governor when it appears to be in the best interests of this state, is authorized to permit inmates to work at other places in this state other than within the walls of the prison. Any other work performed by the inmates shall be in connection with the duties and functions of the various departments, commissions and divisions of state, municipal and county governments and upon property owned or leased to the state of Tennessee or its political subdivisions.
(2) The commissioner is authorized to make any rules, regulations and conditions that the commissioner deems necessary and advisable in connection with the performance of such work by inmates.
Code 1858, § 5532; Shan., § 7551; mod. Code 1932, § 12150; Acts 1963, ch. 180, § 2; 1970, ch. 391, § 1; T.C.A. (orig. ed.), § 41-326.
Tenn. Code Ann. § 41-12-120 — TN Code / Title 41 / Chapter 12 / Section 41-12-120
Authority as governmental entity
Status: in_force

The authority shall be considered a governmental entity for purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20. Acts 2008, ch. 1092, § 21.
The authority shall be considered a governmental entity for purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
Acts 2008, ch. 1092, § 21.
Tenn. Code Ann. § 41-6-105 — TN Code / Title 41 / Chapter 6 / Section 41-6-105
Inmate earnings - Board charges
Status: in_force

When inmates are employed pursuant to this part, the department shall require that inmates turn over wages and salaries when received. The money shall be deposited in trust accounts and ledgers shall be maintained reflecting the status of individual accounts. Each inmate shall be liable for reasonable charges for board as fixed by the commissioner of correction. Acts 1976, ch. 818, § 5; T.C.A., § 41-2305.
When inmates are employed pursuant to this part, the department shall require that inmates turn over wages and salaries when received. The money shall be deposited in trust accounts and ledgers shall be maintained reflecting the status of individual accounts. Each inmate shall be liable for reasonable charges for board as fixed by the commissioner of correction.
Acts 1976, ch. 818, § 5; T.C.A., § 41-2305.
Tenn. Code Ann. § 41-1-116 — TN Code / Title 41 / Chapter 1 / Section 41-1-116
Qualifications of correction officers
Status: in_force

Any person employed as a correctional officer by the department of correction shall: (1) Be at least eighteen (18) years of age; (2) Be a citizen of the United States; (3) Be a high school graduate or its equivalent as determined by the board of control of the Tennessee corrections institute; (4) Have fingerprints on file with the Tennessee bureau of investigation; (5) Have passed a physical examination by a licensed physician; (6) Have a good moral character as determined by investigation; (7) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform any essential function of the job, with or without a reasonable accommodation; and (8) Have successfully completed appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. This requirement must be met within six (6) months from the initial date of employment. An extension of this time period may be granted to present correctional employees by the board of control of the institute. The employees shall also complete appropriate refresher courses each year as prescribed by the board of control of the institute. Amended by 2013 Tenn. Acts, ch. 137,s 5, eff. 4/12/2013. Acts 1976, ch. 825, § 2; T.C.A., § 41-136; Acts 1991, ch. 276, § 1.
Any person employed as a correctional officer by the department of correction shall:
(1) Be at least eighteen (18) years of age;
(2) Be a citizen of the United States;
(3) Be a high school graduate or its equivalent as determined by the board of control of the Tennessee corrections institute;
(4) Have fingerprints on file with the Tennessee bureau of investigation;
(5) Have passed a physical examination by a licensed physician;
(6) Have a good moral character as determined by investigation;
(7) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform any essential function of the job, with or without a reasonable accommodation; and
(8) Have successfully completed appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. This requirement must be met within six (6) months from the initial date of employment. An extension of this time period may be granted to present correctional employees by the board of control of the institute. The employees shall also complete appropriate refresher courses each year as prescribed by the board of control of the institute.
Amended by 2013 Tenn. Acts, ch. 137,s 5, eff. 4/12/2013.
Acts 1976, ch. 825, § 2; T.C.A., § 41-136; Acts 1991, ch. 276, § 1.
Tenn. Code Ann. § 41-22-413 — TN Code / Title 41 / Chapter 22 / Section 41-22-413
Work training for juvenile offenders
Status: in_force

TRICOR may enter into an interagency agreement with the department of children's services to provide work training opportunities for juvenile offenders. The juvenile offenders shall at all times be kept separate and removed from adult offenders in the custody of the department of correction during the work training opportunities. Acts 2007, ch. 472, § 1.
TRICOR may enter into an interagency agreement with the department of children's services to provide work training opportunities for juvenile offenders. The juvenile offenders shall at all times be kept separate and removed from adult offenders in the custody of the department of correction during the work training opportunities.
Acts 2007, ch. 472, § 1.
Tenn. Code Ann. § 41-6-301 — TN Code / Title 41 / Chapter 6 / Section 41-6-301
Purpose
Status: in_force

It is the purpose of this part to: (1) Authorize the commissioner of correction to encourage the sale of inmate-produced arts and crafts items; and (2) Designate the uses to be made of deductions from income earned by those sales. Acts 1997, ch. 336, § 1.
It is the purpose of this part to:
(1) Authorize the commissioner of correction to encourage the sale of inmate-produced arts and crafts items; and
(2) Designate the uses to be made of deductions from income earned by those sales.
Acts 1997, ch. 336, § 1.
Tenn. Code Ann. § 41-1-106 — TN Code / Title 41 / Chapter 1 / Section 41-1-106
Visits by commissioner
Status: in_force

The commissioner or the commissioner's agent shall, once a month, or more often if the person thinks it necessary, visit the penitentiary for the purpose of determining whether the laws, rules and regulations relative to the operation and maintenance of the penitentiary are duly observed, and the officers are competent, vigilant and faithful and the inmates properly governed. Code 1858, § 5458 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7472; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12067; Acts 1980, ch. 913, § 1; T.C.A. (orig. ed.), § 41-117.
The commissioner or the commissioner's agent shall, once a month, or more often if the person thinks it necessary, visit the penitentiary for the purpose of determining whether the laws, rules and regulations relative to the operation and maintenance of the penitentiary are duly observed, and the officers are competent, vigilant and faithful and the inmates properly governed.
Code 1858, § 5458 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7472; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12067; Acts 1980, ch. 913, § 1; T.C.A. (orig. ed.), § 41-117.
Tenn. Code Ann. § 41-10-101 — TN Code / Title 41 / Chapter 10 / Section 41-10-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of parole; (2) "Chair" means the chair of the board of parole; (3) "Commissioner" means the commissioner of correction; (4) "Department" means the department of correction; (5) "Institution" means an institution of the department; (6) "Offender" means a person who is under the authority of the department, pursuant to a court order, a pending court disposition in a Tennessee criminal case or under the authority of the board, pursuant to release under probation or parole supervision, or some other release program from any correctional institution; (7) "Region" means a probation region of the department of correction; (8) "TCRB" means the Tennessee community resource board; and (9) "Volunteer" means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. A "volunteer" may present any grievance related to volunteer services to the TCRB, which shall make recommendations to the commissioner or the board, as appropriate, and may appeal any decision of the TCRB to the commissioner or to the board, as appropriate. Acts 1985, ch. 267, § 1; 2000, ch. 987, §§ 1 - 3.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of parole;
(2) "Chair" means the chair of the board of parole;
(3) "Commissioner" means the commissioner of correction;
(4) "Department" means the department of correction;
(5) "Institution" means an institution of the department;
(6) "Offender" means a person who is under the authority of the department, pursuant to a court order, a pending court disposition in a Tennessee criminal case or under the authority of the board, pursuant to release under probation or parole supervision, or some other release program from any correctional institution;
(7) "Region" means a probation region of the department of correction;
(8) "TCRB" means the Tennessee community resource board; and
(9) "Volunteer" means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. A "volunteer" may present any grievance related to volunteer services to the TCRB, which shall make recommendations to the commissioner or the board, as appropriate, and may appeal any decision of the TCRB to the commissioner or to the board, as appropriate.
Acts 1985, ch. 267, § 1; 2000, ch. 987, §§ 1 - 3.
Tenn. Code Ann. § 41-21-1006 — TN Code / Title 41 / Chapter 21 / Section 41-21-1006
Calculation of sentence expiration date
Status: in_force

Notwithstanding another law to the contrary, the department of correction is responsible for calculating the sentence expiration date and the earliest release date of a felony offender sentenced to the department of correction and a felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Notwithstanding another law to the contrary, the department of correction is responsible for calculating the sentence expiration date and the earliest release date of a felony offender sentenced to the department of correction and a felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-1-407 — TN Code / Title 41 / Chapter 1 / Section 41-1-407
Training of correctional personnel
Status: in_force

All state correctional personnel shall receive appropriate and adequate training in the particular skills and requirements of the duties of their job. Acts 1983, ch. 467, § 7.
All state correctional personnel shall receive appropriate and adequate training in the particular skills and requirements of the duties of their job.
Acts 1983, ch. 467, § 7.
Tenn. Code Ann. § 41-1-401 — TN Code / Title 41 / Chapter 1 / Section 41-1-401
Legislative findings
Status: in_force

(a) In order to maintain continuity relative to present and future correctional policy in Tennessee and to provide a framework to guide present and future correction administrations when making policy decisions, the general assembly finds that a statutorily determined policy regarding certain important correctional issues is essential. (b) The general assembly also encourages the department to initiate innovative programs, administrative policy and management techniques designed to operate the correctional system with maximum benefit at minimum cost and potential for violence as long as the policies and techniques are consistent with the framework of legislative intent established by this part. Acts 1983, ch. 467, § 1.
(a) In order to maintain continuity relative to present and future correctional policy in Tennessee and to provide a framework to guide present and future correction administrations when making policy decisions, the general assembly finds that a statutorily determined policy regarding certain important correctional issues is essential.
(b) The general assembly also encourages the department to initiate innovative programs, administrative policy and management techniques designed to operate the correctional system with maximum benefit at minimum cost and potential for violence as long as the policies and techniques are consistent with the framework of legislative intent established by this part.
Acts 1983, ch. 467, § 1.
Tenn. Code Ann. § 41-8-115 — TN Code / Title 41 / Chapter 8 / Section 41-8-115
Federal funds
Status: in_force

The commissioner is authorized and empowered to seek and receive funds from the federal government that will augment the funds appropriated by the state to implement this chapter. Acts 1981, ch. 491, § 15; T.C.A., § 41-10-115.
The commissioner is authorized and empowered to seek and receive funds from the federal government that will augment the funds appropriated by the state to implement this chapter.
Acts 1981, ch. 491, § 15; T.C.A., § 41-10-115.
Tenn. Code Ann. § 41-21-804 — TN Code / Title 41 / Chapter 21 / Section 41-21-804
Dismissal of claim - Grounds - Factors for determination - Poverty hearings
Status: in_force

(a) A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that: (1) The allegation of poverty in the inmate's affidavit is false; or (2) The claim is frivolous or malicious. (b) In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not: (1) The claim has a chance of success; (2) The claim has a basis in law and in fact; and (3) The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts. (c) The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court. (d) On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing. Acts 1996, ch. 913, § 1.
(a) A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that: (1) The allegation of poverty in the inmate's affidavit is false; or (2) The claim is frivolous or malicious.
(1) The allegation of poverty in the inmate's affidavit is false; or
(2) The claim is frivolous or malicious.
(b) In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not: (1) The claim has a chance of success; (2) The claim has a basis in law and in fact; and (3) The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.
(1) The claim has a chance of success;
(2) The claim has a basis in law and in fact; and
(3) The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.
(c) The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court.
(d) On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-1-127 — TN Code / Title 41 / Chapter 1 / Section 41-1-127
Survey evaluating employment conditions and factors relating to retention of correction officers - Annual report
Status: in_force

In addition to other reports required by this part, the commissioner shall develop and administer a survey of each correction officer who resigns, is terminated, or is transitioned to a position other than correction officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correction officers. The commissioner shall submit an annual report to the governor and the chair of the state and local government committee of the senate and the chair of the state government committee of the house of representatives on or before December 1 on the results of the surveys in a manner that ensures the confidentiality of the name and other personally identifiable information of each correction officer. Acts 2018, ch. 859, § 1.
In addition to other reports required by this part, the commissioner shall develop and administer a survey of each correction officer who resigns, is terminated, or is transitioned to a position other than correction officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correction officers. The commissioner shall submit an annual report to the governor and the chair of the state and local government committee of the senate and the chair of the state government committee of the house of representatives on or before December 1 on the results of the surveys in a manner that ensures the confidentiality of the name and other personally identifiable information of each correction officer.
Acts 2018, ch. 859, § 1.
Tenn. Code Ann. § 41-22-201 — TN Code / Title 41 / Chapter 22 / Section 41-22-201
Road work authorized
Status: in_force

The commissioner of correction, with the approval of the governor, is authorized to contract with the commissioner of transportation for the use of any or all inmates, except those for which it is undesirable or impracticable in the opinion of those officials, to work outside the walls of the main prison in constructing any new or maintaining any old public road in this state. Acts 1981, ch. 378, § 1; T.C.A., § 41-501.
The commissioner of correction, with the approval of the governor, is authorized to contract with the commissioner of transportation for the use of any or all inmates, except those for which it is undesirable or impracticable in the opinion of those officials, to work outside the walls of the main prison in constructing any new or maintaining any old public road in this state.
Acts 1981, ch. 378, § 1; T.C.A., § 41-501.
Tenn. Code Ann. § 41-2-125 — TN Code / Title 41 / Chapter 2 / Section 41-2-125
Contracts with department of transportation
Status: in_force

The department of transportation is authorized to enter into and make such contracts as may be deemed advisable by the department, with county officials charged by law to work workhouse prisoners in the construction or reconstruction of roads and to compensate such counties by allowing credit to the county in cooperating in the construction or reconstruction of roads with the department, for the state or federal government, upon such terms as may be approved by the appropriate department of the government of the United States and the Tennessee department of transportation. Acts 1917, ch. 40, § 3; Shan., § 7581a22; impl. am. Acts 1923, ch. 7, §§ 1, 33; Code 1932, § 12204; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1981, ch. 264, § 12; T.C.A. (orig. ed.), § 41-1233.
The department of transportation is authorized to enter into and make such contracts as may be deemed advisable by the department, with county officials charged by law to work workhouse prisoners in the construction or reconstruction of roads and to compensate such counties by allowing credit to the county in cooperating in the construction or reconstruction of roads with the department, for the state or federal government, upon such terms as may be approved by the appropriate department of the government of the United States and the Tennessee department of transportation.
Acts 1917, ch. 40, § 3; Shan., § 7581a22; impl. am. Acts 1923, ch. 7, §§ 1, 33; Code 1932, § 12204; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1981, ch. 264, § 12; T.C.A. (orig. ed.), § 41-1233.
Tenn. Code Ann. § 41-21-802 — TN Code / Title 41 / Chapter 21 / Section 41-21-802
Applicability
Status: in_force

This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate. Acts 1996, ch. 913, § 1.
This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-23-205 — TN Code / Title 41 / Chapter 23 / Section 41-23-205
Procedures in emergency circumstances
Status: in_force

In emergency circumstances, as defined in § 41-23-204 , the appropriate official of the sending state shall, prior to granting such furlough: (1) Verify the legitimacy of the request; and (2) Upon verification, immediately notify and secure the consent of the receiving state. Acts 1987, ch. 231, § 6.
In emergency circumstances, as defined in § 41-23-204 , the appropriate official of the sending state shall, prior to granting such furlough:
(1) Verify the legitimacy of the request; and
(2) Upon verification, immediately notify and secure the consent of the receiving state.
Acts 1987, ch. 231, § 6.
Tenn. Code Ann. § 41-21-209 — TN Code / Title 41 / Chapter 21 / Section 41-21-209
Murderers and rapists not to work outside
Status: in_force

No inmate under sentence for the crime of murder or rape shall be worked or hired outside of the prison bounds of the penitentiary, unless by the direction of the commissioner of correction. Acts 1883, ch. 171, § 13; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7513; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12109; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-327.
No inmate under sentence for the crime of murder or rape shall be worked or hired outside of the prison bounds of the penitentiary, unless by the direction of the commissioner of correction.
Acts 1883, ch. 171, § 13; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7513; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12109; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-327.
Tenn. Code Ann. § 41-1-104 — TN Code / Title 41 / Chapter 1 / Section 41-1-104
Warden - Duties
Status: in_force

(a) The warden has the charge and custody of the penitentiary, with the land, buildings, tools, implements and every other species of property within the precincts of the penitentiary, or appertaining to the penitentiary, under the direction and control of the commissioner of correction. (b) The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained. Code 1858, §§ 5466, 5467; Shan., §§ 7486, 7487; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12081, 12082; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, § 2; Acts 1980, ch. 755, § 3; T.C.A. (orig. ed.), §§ 41-104 -- 41-106; Acts 1990, ch. 942, § 2.
(a) The warden has the charge and custody of the penitentiary, with the land, buildings, tools, implements and every other species of property within the precincts of the penitentiary, or appertaining to the penitentiary, under the direction and control of the commissioner of correction.
(b) The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.
Code 1858, §§ 5466, 5467; Shan., §§ 7486, 7487; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12081, 12082; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, § 2; Acts 1980, ch. 755, § 3; T.C.A. (orig. ed.), §§ 41-104 -- 41-106; Acts 1990, ch. 942, § 2.
Tenn. Code Ann. § 41-21-222 — TN Code / Title 41 / Chapter 21 / Section 41-21-222
Mental examination of persons eligible for release or parole
Status: in_force

The department of mental health and substance abuse services, as soon as it is properly staffed and equipped to examine all persons eligible for release or about to be paroled from the penal institutions of the state, upon the request of the commissioner of correction, shall examine all such persons with the view of determining whether the persons are mentally ill or have symptoms of mental illness and report its findings to the commissioner of correction. Acts 1955, ch. 204, § 1; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 41-348; Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.
The department of mental health and substance abuse services, as soon as it is properly staffed and equipped to examine all persons eligible for release or about to be paroled from the penal institutions of the state, upon the request of the commissioner of correction, shall examine all such persons with the view of determining whether the persons are mentally ill or have symptoms of mental illness and report its findings to the commissioner of correction.
Acts 1955, ch. 204, § 1; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 41-348; Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 69; 2012, ch. 575, § 1.
Tenn. Code Ann. § 41-4-142 — TN Code / Title 41 / Chapter 4 / Section 41-4-142
Charging inmates for issued items
Status: in_force

(a) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a fee, not to exceed the actual cost, for items issued to inmates upon each new admission to jail. (b) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a nominal fee set by the legislative body at the time of adoption for the following special services, when provided at the inmate's request: (1) Participation in adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education for which the administering agency charges a fee for each test administered; (2) Escort by correctional officers to a hospital or other health care facility for the purpose of visiting an immediate family member who is a patient at the facility; or (3) Escort by correctional officers for the purpose of visiting a funeral home or church upon the death of an immediate family member. (c) A plan adopted pursuant to subsection (a) or (b) may authorize the jail or workhouse administrator to deduct the amount from the inmate's jail trust account or any other account or fund established by or for the benefit of the inmate while incarcerated. Nothing in this section shall be construed as authorizing a county or municipality to deny necessary clothing or hygiene items or to fail to provide the services specified in subsection (b) based on the inmate's inability to pay a fee or costs. Amended by 2023 Tenn. Acts, ch. 114,s 10, eff. 7/1/2023. Acts 1999, ch. 261, § 1; 2004, ch. 769, § 1.
(a) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a fee, not to exceed the actual cost, for items issued to inmates upon each new admission to jail.
(b) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a nominal fee set by the legislative body at the time of adoption for the following special services, when provided at the inmate's request: (1) Participation in adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education for which the administering agency charges a fee for each test administered; (2) Escort by correctional officers to a hospital or other health care facility for the purpose of visiting an immediate family member who is a patient at the facility; or (3) Escort by correctional officers for the purpose of visiting a funeral home or church upon the death of an immediate family member.
(1) Participation in adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education for which the administering agency charges a fee for each test administered;
(2) Escort by correctional officers to a hospital or other health care facility for the purpose of visiting an immediate family member who is a patient at the facility; or
(3) Escort by correctional officers for the purpose of visiting a funeral home or church upon the death of an immediate family member.
(c) A plan adopted pursuant to subsection (a) or (b) may authorize the jail or workhouse administrator to deduct the amount from the inmate's jail trust account or any other account or fund established by or for the benefit of the inmate while incarcerated. Nothing in this section shall be construed as authorizing a county or municipality to deny necessary clothing or hygiene items or to fail to provide the services specified in subsection (b) based on the inmate's inability to pay a fee or costs.
Amended by 2023 Tenn. Acts, ch. 114,s 10, eff. 7/1/2023.
Acts 1999, ch. 261, § 1; 2004, ch. 769, § 1.
Tenn. Code Ann. § 41-24-111 — TN Code / Title 41 / Chapter 24 / Section 41-24-111
Application of certain administrative laws to contractor
Status: in_force

All existing provisions of law shall apply to a prison contractor except as provided in this section or otherwise provided in this chapter: (1) Title 12, chapter 3, relative to public purchases, shall not apply to purchases and procurements of a prison contractor providing correctional services; (2) Title 8, chapter 30, relative to state service, shall not apply to employees of a prison contractor; (3) A prison contractor providing correctional services shall not be bound by provisions of law governing the appointment, qualifications and duties of wardens, superintendents and other correctional employees, including provisions of title 4, chapter 6, and chapter 1 of this title, except as required to comply with the Constitution of Tennessee; and (4) Title 8, chapters 34 and 35, relative to membership in the Tennessee consolidated retirement system, shall not apply to employees of a prison contractor, except as provided specifically in this chapter. Acts 1986, ch. 932, §11; 2012 , ch. 800, § 49.
All existing provisions of law shall apply to a prison contractor except as provided in this section or otherwise provided in this chapter:
(1) Title 12, chapter 3, relative to public purchases, shall not apply to purchases and procurements of a prison contractor providing correctional services;
(2) Title 8, chapter 30, relative to state service, shall not apply to employees of a prison contractor;
(3) A prison contractor providing correctional services shall not be bound by provisions of law governing the appointment, qualifications and duties of wardens, superintendents and other correctional employees, including provisions of title 4, chapter 6, and chapter 1 of this title, except as required to comply with the Constitution of Tennessee; and
(4) Title 8, chapters 34 and 35, relative to membership in the Tennessee consolidated retirement system, shall not apply to employees of a prison contractor, except as provided specifically in this chapter.
Acts 1986, ch. 932, §11; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 41-21-812 — TN Code / Title 41 / Chapter 21 / Section 41-21-812
Filing of subsequent lawsuits not permitted until expenses paid - Injunctive relief
Status: in_force

(a) Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full. (b) A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate. Acts 1996, ch. 913, § 1.
(a) Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full.
(b) A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-3-105 — TN Code / Title 41 / Chapter 3 / Section 41-3-105
Detention after term of imprisonment
Status: in_force

After the term for which a prisoner is imprisoned has expired, the prisoner shall be detained until the fine and costs are paid, as provided in § 41-3-104 . Code 1858, §5417; Shan., § 7397; Code 1932, § 12003; T.C.A. (orig. ed.), § 41-1405.
After the term for which a prisoner is imprisoned has expired, the prisoner shall be detained until the fine and costs are paid, as provided in § 41-3-104 .
Code 1858, §5417; Shan., § 7397; Code 1932, § 12003; T.C.A. (orig. ed.), § 41-1405.
Tenn. Code Ann. § 41-4-133 — TN Code / Title 41 / Chapter 4 / Section 41-4-133
Filing of sheriff's bills
Status: in_force

The clerk of the court shall then file the bills of the sheriff, together with the affidavit of the sheriff, whose signature shall be certified in writing under seal of office as authentic by the clerk of the court on the face of the document, and then the sheriff or the clerk shall forward the bills to the proper authorities for payment. Acts 1887, ch. 242, § 2; Shan., § 7449; Code 1932, §12057; modified T.C.A. (orig. ed.), § 41-1137; Acts 1983, ch. 418, §§4, 5; 1997 , ch. 113, § 1.
The clerk of the court shall then file the bills of the sheriff, together with the affidavit of the sheriff, whose signature shall be certified in writing under seal of office as authentic by the clerk of the court on the face of the document, and then the sheriff or the clerk shall forward the bills to the proper authorities for payment.
Acts 1887, ch. 242, § 2; Shan., § 7449; Code 1932, §12057; modified T.C.A. (orig. ed.), § 41-1137; Acts 1983, ch. 418, §§4, 5; 1997 , ch. 113, § 1.
Tenn. Code Ann. § 41-1-110 — TN Code / Title 41 / Chapter 1 / Section 41-1-110
Funds - Accounting - Collections - Expenditures - Surplus
Status: in_force

(a) It is the duty of the warden to keep a correct account of all moneys received or disbursed by the warden for the penitentiary and to lay before the commissioner of correction, monthly, a detailed statement thereof. (b) The warden of the Tennessee state penitentiary and the warden of the Brushy Mountain penitentiary shall transmit on or before Monday of each week to the state treasurer all the moneys collected by them from every source and shall forward to the commissioner a detailed statement of the collections. (c) The state treasurer shall credit the moneys received to separate accounts kept in the name of the institution. (d) (1) The funds deposited may be used by the commissioner for the payment of duly authorized purchases of supplies, goods, wares, merchandise and produce used in the maintenance or operation of the institutions, for the payment of salaries, wages and compensation of employees, for the purchase of livestock and equipment for the farms and for new machinery, for machinery repairs, for building and for building repairs and for all necessary and legitimate expenses connected with or incident to the operation of these institutions. (2) Any new building or new equipment that will exceed one thousand dollars ($1,000) in cost shall be authorized in writing by the commissioner before the expenditures can be made. (e) Only the surplus after payment of all salaries, wages and expenses shall pass into the general funds of the state and be available for its debts, expenses and uses. Code 1858, § 5469 (deriv. Acts 1829, ch. 38, § 18); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7489; Acts 1919, ch. 30, § 24; impl. am. Acts 1919, ch. 39, § 5; Acts 1919, ch. 39, § 24; impl. am. Acts 1923, ch. 7, § 42; Shan. Supp. §§ 312b44-312b47; Code 1932, §§ 413-416; 12084; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-121 -- 41-125.
(a) It is the duty of the warden to keep a correct account of all moneys received or disbursed by the warden for the penitentiary and to lay before the commissioner of correction, monthly, a detailed statement thereof.
(b) The warden of the Tennessee state penitentiary and the warden of the Brushy Mountain penitentiary shall transmit on or before Monday of each week to the state treasurer all the moneys collected by them from every source and shall forward to the commissioner a detailed statement of the collections.
(c) The state treasurer shall credit the moneys received to separate accounts kept in the name of the institution.
(d) (1) The funds deposited may be used by the commissioner for the payment of duly authorized purchases of supplies, goods, wares, merchandise and produce used in the maintenance or operation of the institutions, for the payment of salaries, wages and compensation of employees, for the purchase of livestock and equipment for the farms and for new machinery, for machinery repairs, for building and for building repairs and for all necessary and legitimate expenses connected with or incident to the operation of these institutions. (2) Any new building or new equipment that will exceed one thousand dollars ($1,000) in cost shall be authorized in writing by the commissioner before the expenditures can be made.
(1) The funds deposited may be used by the commissioner for the payment of duly authorized purchases of supplies, goods, wares, merchandise and produce used in the maintenance or operation of the institutions, for the payment of salaries, wages and compensation of employees, for the purchase of livestock and equipment for the farms and for new machinery, for machinery repairs, for building and for building repairs and for all necessary and legitimate expenses connected with or incident to the operation of these institutions.
(2) Any new building or new equipment that will exceed one thousand dollars ($1,000) in cost shall be authorized in writing by the commissioner before the expenditures can be made.
(e) Only the surplus after payment of all salaries, wages and expenses shall pass into the general funds of the state and be available for its debts, expenses and uses.
Code 1858, § 5469 (deriv. Acts 1829, ch. 38, § 18); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7489; Acts 1919, ch. 30, § 24; impl. am. Acts 1919, ch. 39, § 5; Acts 1919, ch. 39, § 24; impl. am. Acts 1923, ch. 7, § 42; Shan. Supp. §§ 312b44-312b47; Code 1932, §§ 413-416; 12084; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-121 -- 41-125.
Tenn. Code Ann. § 41-12-124 — TN Code / Title 41 / Chapter 12 / Section 41-12-124
Liberal construction
Status: in_force

This chapter is remedial in nature and shall be liberally construed to effect its stated purposes and the powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this chapter. Acts 2008, ch. 1092, § 25.
This chapter is remedial in nature and shall be liberally construed to effect its stated purposes and the powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this chapter.
Acts 2008, ch. 1092, § 25.
Tenn. Code Ann. § 41-23-209 — TN Code / Title 41 / Chapter 23 / Section 41-23-209
Effect of adoption - Renunciation
Status: in_force

The contracting states solemnly agree that this compact shall: (1) Become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state; and (2) Continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to inmates on furlough residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending a six-month notice in writing of its intention to withdraw from the compact to the other states party hereto. Acts 1987, ch. 231, § 10.
The contracting states solemnly agree that this compact shall:
(1) Become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state; and
(2) Continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to inmates on furlough residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending a six-month notice in writing of its intention to withdraw from the compact to the other states party hereto.
Acts 1987, ch. 231, § 10.
Tenn. Code Ann. § 41-4-127 — TN Code / Title 41 / Chapter 4 / Section 41-4-127
Transportation appropriations by counties having no jail
Status: in_force

The county legislative bodies of counties that have no jail may appropriate a contingent fund in an amount sufficient to pay all contingent expenses in transporting prisoners to and from jail, the appropriation to be made from time to time, so that the sheriff may be able, at any time, upon application to the county trustee, to procure the money necessary, for which the sheriff shall execute a receipt, showing the amount received, which receipt shall clearly set forth for which prisoner the money is expended. Acts 1870-1871, ch. 95, § 1; Shan., § 7388; Code 1932, § 11997; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1131.
The county legislative bodies of counties that have no jail may appropriate a contingent fund in an amount sufficient to pay all contingent expenses in transporting prisoners to and from jail, the appropriation to be made from time to time, so that the sheriff may be able, at any time, upon application to the county trustee, to procure the money necessary, for which the sheriff shall execute a receipt, showing the amount received, which receipt shall clearly set forth for which prisoner the money is expended.
Acts 1870-1871, ch. 95, § 1; Shan., § 7388; Code 1932, § 11997; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1131.
Tenn. Code Ann. § 41-21-241 — TN Code / Title 41 / Chapter 21 / Section 41-21-241
Meals and supplemental provisions between meals for pregnant prisoners or detainees
Status: in_force

A correctional institution shall provide a pregnant prisoner or detainee with nutritionally appropriate meals and appropriate supplemental provisions between meals. As used in this section, "correctional institution," "detainee," and "prisoner" have the same meaning as in § 41-21-204(c)(2) .
Tenn. Code Ann. § 41-6-201 — TN Code / Title 41 / Chapter 6 / Section 41-6-201
Purpose
Status: in_force

It is the purpose of this part to: (1) Authorize the commissioner of correction to establish demonstration-type projects involving inmate labor and private industry to be known as Tennessee restitution industries; (2) Authorize the commissioner to contract with private industry to lease state land, improvements and facilities at adult correction institutions for the establishment of restitution industries; (3) Provide for the employment of the inmates of the institution by private industries and the term of employment; and (4) Designate the uses to be made of deductions from wages earned by inmate employees. Acts 1977, ch. 151, § 1; T.C.A., § 41-2401.
It is the purpose of this part to:
(1) Authorize the commissioner of correction to establish demonstration-type projects involving inmate labor and private industry to be known as Tennessee restitution industries;
(2) Authorize the commissioner to contract with private industry to lease state land, improvements and facilities at adult correction institutions for the establishment of restitution industries;
(3) Provide for the employment of the inmates of the institution by private industries and the term of employment; and
(4) Designate the uses to be made of deductions from wages earned by inmate employees.
Acts 1977, ch. 151, § 1; T.C.A., § 41-2401.
Tenn. Code Ann. § 41-21-242 — TN Code / Title 41 / Chapter 21 / Section 41-21-242
Notice of release of certain felons from correctional facilities
Status: in_force

(a) The department of correction shall provide or contract with a private entity to provide, to members of the public who have made a notification request, notification of the release of an inmate serving a felony sentence of two (2) or more years from a facility operated by or under contract with the department or from a county jail or workhouse. The jailer or chief administrator, or a person designated by the jailer or chief administrator, of a county jail or workhouse shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department or the private entity under contract with the department shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department. (b) The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section. (c) (1) Any identifying information concerning a person who has received notification pursuant to this section shall be confidential. (2) For purposes of subdivision (c)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided. Acts 1998, ch. 968, § 1; 2009, ch. 176, § 4.
(a) The department of correction shall provide or contract with a private entity to provide, to members of the public who have made a notification request, notification of the release of an inmate serving a felony sentence of two (2) or more years from a facility operated by or under contract with the department or from a county jail or workhouse. The jailer or chief administrator, or a person designated by the jailer or chief administrator, of a county jail or workhouse shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department or the private entity under contract with the department shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department.
(b) The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
(c) (1) Any identifying information concerning a person who has received notification pursuant to this section shall be confidential. (2) For purposes of subdivision (c)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
(1) Any identifying information concerning a person who has received notification pursuant to this section shall be confidential.
(2) For purposes of subdivision (c)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
Acts 1998, ch. 968, § 1; 2009, ch. 176, § 4.
Tenn. Code Ann. § 41-22-305 — TN Code / Title 41 / Chapter 22 / Section 41-22-305
Punishment for refusal to work
Status: in_force

Any inmate refusing to work shall be fed only with one (1) meal per day until willing to render good service as a laborer and proves it by doing good work. Acts 1899, ch. 358, § 6; Shan., § 1682a9; Code 1932, § 2822; T.C.A. (orig. ed.), § 41-1305.
Any inmate refusing to work shall be fed only with one (1) meal per day until willing to render good service as a laborer and proves it by doing good work.
Acts 1899, ch. 358, § 6; Shan., § 1682a9; Code 1932, § 2822; T.C.A. (orig. ed.), § 41-1305.
Tenn. Code Ann. § 41-1-101 — TN Code / Title 41 / Chapter 1 / Section 41-1-101
State prisons - Penitentiary defined - Correctional facilities
Status: in_force

(a) The penitentiary located upon the farm purchased by the state from M. S. Cockrill, near Nashville in Davidson County, is the state prison, in which convicts sentenced to imprisonment in the penitentiary shall be confined, employed and governed, as provided in this title; but they may be confined and employed in branch prisons as authorized by law. (b) "Penitentiary" means and includes the Tennessee state penitentiary in Nashville, Brushy Mountain penitentiary, Fort Pillow state farm and the other penal institutions, reformatories, branches and facilities that may hereafter be acquired, built, constructed or maintained by the state for the purpose of confinement of persons, both male or female, who have been convicted of violating the criminal laws of this state and sentenced to imprisonment in the penitentiary. (c) The state regional correctional facility located in Bledsoe County is designated, and shall hereafter be known, as the "Southeastern Tennessee State Regional Correctional Facility." (d) The state special needs correctional facility located in the River Bend area of Davidson County is designated, and shall hereafter be known, as the "Lois M. DeBerry Special Needs Facility." Code 1858, § 5436; Acts 1895 (Ex. Sess.), ch. 7, § 2; Shan., § 7453; mod. Code 1932, § 12062; Acts 1963, ch. 180, § 1; T.C.A. (orig. ed.), § 41-101; Acts 1985, ch. 7, § 1; 1992, ch. 746, § 1.
(a) The penitentiary located upon the farm purchased by the state from M. S. Cockrill, near Nashville in Davidson County, is the state prison, in which convicts sentenced to imprisonment in the penitentiary shall be confined, employed and governed, as provided in this title; but they may be confined and employed in branch prisons as authorized by law.
(b) "Penitentiary" means and includes the Tennessee state penitentiary in Nashville, Brushy Mountain penitentiary, Fort Pillow state farm and the other penal institutions, reformatories, branches and facilities that may hereafter be acquired, built, constructed or maintained by the state for the purpose of confinement of persons, both male or female, who have been convicted of violating the criminal laws of this state and sentenced to imprisonment in the penitentiary.
(c) The state regional correctional facility located in Bledsoe County is designated, and shall hereafter be known, as the "Southeastern Tennessee State Regional Correctional Facility."
(d) The state special needs correctional facility located in the River Bend area of Davidson County is designated, and shall hereafter be known, as the "Lois M. DeBerry Special Needs Facility."
Code 1858, § 5436; Acts 1895 (Ex. Sess.), ch. 7, § 2; Shan., § 7453; mod. Code 1932, § 12062; Acts 1963, ch. 180, § 1; T.C.A. (orig. ed.), § 41-101; Acts 1985, ch. 7, § 1; 1992, ch. 746, § 1.
Tenn. Code Ann. § 41-21-801 — TN Code / Title 41 / Chapter 21 / Section 41-21-801
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Claim" means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief; (2) "Commissioner" means the commissioner of correction; (3) "Department" means the department of correction; (4) "Inmate" means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government; and (5) "Trust account" means an inmate's trust account administered by the department or by a county jail. Acts 1996, ch. 913, § 1; 2001, ch. 76, § 1.
As used in this part, unless the context otherwise requires:
(1) "Claim" means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief;
(2) "Commissioner" means the commissioner of correction;
(3) "Department" means the department of correction;
(4) "Inmate" means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government; and
(5) "Trust account" means an inmate's trust account administered by the department or by a county jail.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 1.
Tenn. Code Ann. § 41-22-414 — TN Code / Title 41 / Chapter 22 / Section 41-22-414
Offsetting costs of incarceration by generating revenue - Sales of surplus equipment and materials
Status: in_force

(a) (1) It is the intent of the general assembly, as stated in § 41-22-403(2)(B) , that TRICOR has as part of its mission to offset the costs of incarceration by generating revenue through the sale of products in lieu of state appropriated funds. (2) It is further the intent of the general assembly, as set out in § 41-22-406(a)(1)(A) , that the TRICOR board be as free as possible to operate its facilities and to pursue its mission with the principles of free enterprise and that it be given the powers necessary to effectively carry out its mission. (b) Notwithstanding any law to the contrary, the TRICOR board, within the principles of free enterprise, and for the purpose of carrying out its legislative intent as stated in subsection (a), is specifically authorized to sell, as surplus property, TRICOR equipment and TRICOR raw materials which have been determined by TRICOR to be obsolete, outmoded, or no longer useable by TRICOR. Such surplus property sales may be made to businesses, government or nonprofit organizations or by auction to the public. The TRICOR board may obtain the advice and assistance of the chief procurement officer and, in circumstances which are advantageous for the timely disposal of such surplus property, is encouraged to dispose of it through the procurement office under title 12, chapter 2. Acts 2010, ch. 994, § 1; 2011, ch. 295, § 15(a), (d).
(a) (1) It is the intent of the general assembly, as stated in § 41-22-403(2)(B) , that TRICOR has as part of its mission to offset the costs of incarceration by generating revenue through the sale of products in lieu of state appropriated funds. (2) It is further the intent of the general assembly, as set out in § 41-22-406(a)(1)(A) , that the TRICOR board be as free as possible to operate its facilities and to pursue its mission with the principles of free enterprise and that it be given the powers necessary to effectively carry out its mission.
(1) It is the intent of the general assembly, as stated in § 41-22-403(2)(B) , that TRICOR has as part of its mission to offset the costs of incarceration by generating revenue through the sale of products in lieu of state appropriated funds.
(2) It is further the intent of the general assembly, as set out in § 41-22-406(a)(1)(A) , that the TRICOR board be as free as possible to operate its facilities and to pursue its mission with the principles of free enterprise and that it be given the powers necessary to effectively carry out its mission.
(b) Notwithstanding any law to the contrary, the TRICOR board, within the principles of free enterprise, and for the purpose of carrying out its legislative intent as stated in subsection (a), is specifically authorized to sell, as surplus property, TRICOR equipment and TRICOR raw materials which have been determined by TRICOR to be obsolete, outmoded, or no longer useable by TRICOR. Such surplus property sales may be made to businesses, government or nonprofit organizations or by auction to the public. The TRICOR board may obtain the advice and assistance of the chief procurement officer and, in circumstances which are advantageous for the timely disposal of such surplus property, is encouraged to dispose of it through the procurement office under title 12, chapter 2.
Acts 2010, ch. 994, § 1; 2011, ch. 295, § 15(a), (d).
Tenn. Code Ann. § 41-21-501 — TN Code / Title 41 / Chapter 21 / Section 41-21-501
Short title
Status: in_force

This part shall be known and may be cited as the "Prisoner Rehabilitation Act of 1970." Acts 1970, ch. 471, § 1; T.C.A., § 41-1801.
This part shall be known and may be cited as the "Prisoner Rehabilitation Act of 1970."
Acts 1970, ch. 471, § 1; T.C.A., § 41-1801.
Tenn. Code Ann. § 41-2-131 — TN Code / Title 41 / Chapter 2 / Section 41-2-131
Grounds for refusal to release prisoner
Status: in_force

The warden, superintendent or other person in charge of a workhouse may refuse to permit the prisoner to exercise the privilege to leave the workhouse for any breach of discipline or other violation of workhouse regulations. Similarly, the sheriff may refuse to permit the prisoner to exercise the privilege to leave the jail for any breach of discipline or other violation of jail regulations. Acts 1967, ch. 259, § 6; 1972, ch. 626, § 6; T.C.A., § 41-1242.
The warden, superintendent or other person in charge of a workhouse may refuse to permit the prisoner to exercise the privilege to leave the workhouse for any breach of discipline or other violation of workhouse regulations. Similarly, the sheriff may refuse to permit the prisoner to exercise the privilege to leave the jail for any breach of discipline or other violation of jail regulations.
Acts 1967, ch. 259, § 6; 1972, ch. 626, § 6; T.C.A., § 41-1242.
Tenn. Code Ann. § 41-10-102 — TN Code / Title 41 / Chapter 10 / Section 41-10-102
Volunteers - Policies - Compensation - Inspection of records
Status: in_force

(a) The department is authorized to recruit, train and appoint volunteers to programs of the department without regard to state employment regulations as administered by the department of human resources. Volunteers shall, however, be required to comply with all applicable department of correction policies. The department is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations. (b) The board is authorized to recruit, train and appoint volunteers to programs of the board without regard to state employment regulations as administered by the department of human resources. Volunteers shall be required to comply with all applicable board policies. The board is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations. (c) No court or law enforcement agency shall refuse to allow inspection of the court or agency's files and records by any volunteer demonstrating a need to know the contents of those files and records for the performance of official duties. Acts 1985, ch. 267, § 1; 2000, ch. 987, § 5.
(a) The department is authorized to recruit, train and appoint volunteers to programs of the department without regard to state employment regulations as administered by the department of human resources. Volunteers shall, however, be required to comply with all applicable department of correction policies. The department is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
(b) The board is authorized to recruit, train and appoint volunteers to programs of the board without regard to state employment regulations as administered by the department of human resources. Volunteers shall be required to comply with all applicable board policies. The board is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
(c) No court or law enforcement agency shall refuse to allow inspection of the court or agency's files and records by any volunteer demonstrating a need to know the contents of those files and records for the performance of official duties.
Acts 1985, ch. 267, § 1; 2000, ch. 987, § 5.
Tenn. Code Ann. § 41-24-103 — TN Code / Title 41 / Chapter 24 / Section 41-24-103
Contracts for correctional services
Status: in_force

(a) The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter. (b) Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§ 12-4-109 and 12-4-110 [See the Compiler's Notes] and any additional requirements specified in this chapter. (c) A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates. (d) Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter. (e) Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract. Acts 1986, ch. 932, § 3; 1991, ch. 176, § 1; 2001, ch. 132, § 3.
(a) The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter.
(b) Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§ 12-4-109 and 12-4-110 [See the Compiler's Notes] and any additional requirements specified in this chapter.
(c) A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates.
(d) Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.
(e) Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.
Acts 1986, ch. 932, § 3; 1991, ch. 176, § 1; 2001, ch. 132, § 3.
Tenn. Code Ann. § 41-12-111 — TN Code / Title 41 / Chapter 12 / Section 41-12-111
Power of condemnation - Acquisition of property - Location of jail
Status: in_force

(a) Subject to subsection (e), an authority has the power to condemn either the fee or any right, title, interest or easement in property that the board may deem necessary for any of the purposes authorized in this chapter, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of the property or interest; provided, that prior public use shall not be interfered with by this use. (b) The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. (c) All public agencies and commissions of the state, with the approval of the governor, are authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this chapter at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use. (d) Title to any property acquired by an authority created pursuant to this chapter shall be taken in the name of the authority. (e) No authority shall locate a jail in a governmental entity that is not a participating governmental entity in the authority unless the governing body of the nonparticipating governmental entity grants express consent to the location. Acts 2008, ch. 1092, § 12.
(a) Subject to subsection (e), an authority has the power to condemn either the fee or any right, title, interest or easement in property that the board may deem necessary for any of the purposes authorized in this chapter, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of the property or interest; provided, that prior public use shall not be interfered with by this use.
(b) The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
(c) All public agencies and commissions of the state, with the approval of the governor, are authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this chapter at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use.
(d) Title to any property acquired by an authority created pursuant to this chapter shall be taken in the name of the authority.
(e) No authority shall locate a jail in a governmental entity that is not a participating governmental entity in the authority unless the governing body of the nonparticipating governmental entity grants express consent to the location.
Acts 2008, ch. 1092, § 12.
Tenn. Code Ann. § 41-6-302 — TN Code / Title 41 / Chapter 6 / Section 41-6-302
Part definitions
Status: in_force

As used in the part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of correction; and (2) "Department" means the department of correction. Acts 1997, ch. 336, § 1.
As used in the part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of correction; and
(2) "Department" means the department of correction.
Acts 1997, ch. 336, § 1.
Tenn. Code Ann. § 41-6-107 — TN Code / Title 41 / Chapter 6 / Section 41-6-107
Approval of procedures for handling earnings
Status: in_force

Procedure for the handling of all funds as set forth in this chapter shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration. The funds received by the state shall constitute departmental revenues. Acts 1976, ch. 818, § 7; T.C.A., § 41-2307.
Procedure for the handling of all funds as set forth in this chapter shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration. The funds received by the state shall constitute departmental revenues.
Acts 1976, ch. 818, § 7; T.C.A., § 41-2307.
Tenn. Code Ann. § 41-1-128 — TN Code / Title 41 / Chapter 1 / Section 41-1-128
Annual training about human trafficking
Status: in_force

The department of correction shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate correction personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must inform correction personnel of the signs and signals of human trafficking in correctional facilities as well resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council. Added by 2022 Tenn. Acts, ch. 842,s 2, eff. 1/1/2023.
The department of correction shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate correction personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must inform correction personnel of the signs and signals of human trafficking in correctional facilities as well resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 2, eff. 1/1/2023.
Tenn. Code Ann. § 41-2-121 — TN Code / Title 41 / Chapter 2 / Section 41-2-121
Transfer to department of correction
Status: in_force

(a) Whenever the sheriff or superintendent in charge of the county workhouse or penal farm determines that a prisoner who is convicted and sentenced to the workhouse or penal farm under § 40-23-104 , § 40-35-314 or former § 40-35-311 proves to be a troublemaker or does not adjust to the proper type of operation of the workhouse or penal farm and creates a problem, the sheriff or superintendent may then present to the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence a petition setting forth the reasons why, in the officer's opinion, an order should be entered transferring the prisoner from the county workhouse or penal farm to the department of correction. (b) A copy of the petition shall be served upon the prisoner by the sheriff and the prisoner then brought before the court to show cause why the prisoner should not be transferred from the county workhouse or penal farm to the department to serve out the term in the department in conformity with the allegations and prayer of the petition before the court. If the judge of the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence is not immediately available due to death, illness, recess or any other reason, the petition may be presented to and acted upon by any other judge of a court of equal or concurrent jurisdiction. Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 272, § 1; T.C.A. (orig. ed.), § 41-1229; Acts 1986, ch. 744, §§ 14-16.
(a) Whenever the sheriff or superintendent in charge of the county workhouse or penal farm determines that a prisoner who is convicted and sentenced to the workhouse or penal farm under § 40-23-104 , § 40-35-314 or former § 40-35-311 proves to be a troublemaker or does not adjust to the proper type of operation of the workhouse or penal farm and creates a problem, the sheriff or superintendent may then present to the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence a petition setting forth the reasons why, in the officer's opinion, an order should be entered transferring the prisoner from the county workhouse or penal farm to the department of correction.
(b) A copy of the petition shall be served upon the prisoner by the sheriff and the prisoner then brought before the court to show cause why the prisoner should not be transferred from the county workhouse or penal farm to the department to serve out the term in the department in conformity with the allegations and prayer of the petition before the court. If the judge of the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence is not immediately available due to death, illness, recess or any other reason, the petition may be presented to and acted upon by any other judge of a court of equal or concurrent jurisdiction.
Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 272, § 1; T.C.A. (orig. ed.), § 41-1229; Acts 1986, ch. 744, §§ 14-16.
Tenn. Code Ann. § 41-4-114 — TN Code / Title 41 / Chapter 4 / Section 41-4-114
Correspondence and visitors
Status: in_force

After examination and commitment of prisoners, the jailer shall convey letters from prisoners to their counsel and others, sealing and putting them in the post office if required. The jailer shall also admit, without charge, persons having business with prisoners and shall remain present at all interviews between prisoners and others, except their counsel. Code 1858, § 5421 (deriv. Acts 1826, ch. 45, § 1); Shan., § 7432; Code 1932, §12041; T.C.A. (orig. ed.), § 41-1114.
After examination and commitment of prisoners, the jailer shall convey letters from prisoners to their counsel and others, sealing and putting them in the post office if required. The jailer shall also admit, without charge, persons having business with prisoners and shall remain present at all interviews between prisoners and others, except their counsel.
Code 1858, § 5421 (deriv. Acts 1826, ch. 45, § 1); Shan., § 7432; Code 1932, §12041; T.C.A. (orig. ed.), § 41-1114.
Tenn. Code Ann. § 41-21-805 — TN Code / Title 41 / Chapter 21 / Section 41-21-805
Affidavit of inability to pay - Requirements
Status: in_force

(a) Any inmate who files a claim with an affidavit of inability to pay costs shall file a separate affidavit with the following information: (1) A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and (2) For each claim or action listed in subsection (a): (A) The operative facts for which relief was sought; (B) The case name, case number and court in which the suit or claim was filed; (C) The legal theory on which the relief sought was based; (D) The identification of each party named in the action; and (E) The final result of the action, including dismissal as frivolous or malicious under this part or otherwise. (b) If the affidavit filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit must state the date of the final order affirming the dismissal. (c) The affidavit must be accompanied by a current certified copy of the inmate's trust account statement. Acts 1996, ch. 913, § 1.
(a) Any inmate who files a claim with an affidavit of inability to pay costs shall file a separate affidavit with the following information: (1) A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and (2) For each claim or action listed in subsection (a): (A) The operative facts for which relief was sought; (B) The case name, case number and court in which the suit or claim was filed; (C) The legal theory on which the relief sought was based; (D) The identification of each party named in the action; and (E) The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.
(1) A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and
(2) For each claim or action listed in subsection (a): (A) The operative facts for which relief was sought; (B) The case name, case number and court in which the suit or claim was filed; (C) The legal theory on which the relief sought was based; (D) The identification of each party named in the action; and (E) The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.
(A) The operative facts for which relief was sought;
(B) The case name, case number and court in which the suit or claim was filed;
(C) The legal theory on which the relief sought was based;
(D) The identification of each party named in the action; and
(E) The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.
(b) If the affidavit filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit must state the date of the final order affirming the dismissal.
(c) The affidavit must be accompanied by a current certified copy of the inmate's trust account statement.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-1-114 — TN Code / Title 41 / Chapter 1 / Section 41-1-114
Report to general assembly
Status: in_force

The commissioner shall transmit to the general assembly, at each regular session of that body and during the first week of the session, a report in full of the transactions of the penitentiary during the two (2) years preceding the report, and showing, among other things: (1) The number of inmates confined in the penitentiary; (2) The offenses for which committed; (3) Their ages, previous occupation, birth place and residence; (4) Their respective periods of imprisonment; (5) The different kinds of businesses in which they are employed; (6) How many employed in each; and (7) The profit or loss. Code 1858, § 5460 (deriv. Acts 1829, ch. 38, § 13); impl. am. Acts 1883, ch. 171, § 21; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7477; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12075; T.C.A. (orig. ed.), § 41-131.
The commissioner shall transmit to the general assembly, at each regular session of that body and during the first week of the session, a report in full of the transactions of the penitentiary during the two (2) years preceding the report, and showing, among other things:
(1) The number of inmates confined in the penitentiary;
(2) The offenses for which committed;
(3) Their ages, previous occupation, birth place and residence;
(4) Their respective periods of imprisonment;
(5) The different kinds of businesses in which they are employed;
(6) How many employed in each; and
(7) The profit or loss.
Code 1858, § 5460 (deriv. Acts 1829, ch. 38, § 13); impl. am. Acts 1883, ch. 171, § 21; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7477; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12075; T.C.A. (orig. ed.), § 41-131.
Tenn. Code Ann. § 41-6-103 — TN Code / Title 41 / Chapter 6 / Section 41-6-103
Work outside center
Status: in_force

The commissioner of correction may permit certain inmates to leave a residential restitution center during necessary and reasonable hours to engage in approved employment or practice legitimate self-employed occupations; provided, that the places of employment are located in this state and within daily commuting distance of the center. Acts 1976, ch. 818, § 3; T.C.A., § 41-2303.
The commissioner of correction may permit certain inmates to leave a residential restitution center during necessary and reasonable hours to engage in approved employment or practice legitimate self-employed occupations; provided, that the places of employment are located in this state and within daily commuting distance of the center.
Acts 1976, ch. 818, § 3; T.C.A., § 41-2303.
Tenn. Code Ann. § 41-21-218 — TN Code / Title 41 / Chapter 21 / Section 41-21-218
Notice of rules to inmates
Status: in_force

Regulations provided for in this part, with all others adopted by the general assembly or the commissioner in reference to the police and government of the penitentiary, which it is necessary that the inmates should know, together with the provisions of part 4 of this chapter, §§ 39-12-103 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , title 39, chapter 16, part 6 in relation to escapes, and § 39-17-303 , shall be printed so as to be conveniently read and set up by the warden, in a conspicuous place, and also read and explained by the warden to each inmate upon admission to the penitentiary. Code 1858, § 5524 (deriv. Acts 1829, ch. 38, § 26); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7543; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12141; Acts 1972, ch. 576, § 18; T.C.A. (orig. ed.), § 41-341; Acts 1996, ch. 675, § 40.
Regulations provided for in this part, with all others adopted by the general assembly or the commissioner in reference to the police and government of the penitentiary, which it is necessary that the inmates should know, together with the provisions of part 4 of this chapter, §§ 39-12-103 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , title 39, chapter 16, part 6 in relation to escapes, and § 39-17-303 , shall be printed so as to be conveniently read and set up by the warden, in a conspicuous place, and also read and explained by the warden to each inmate upon admission to the penitentiary.
Code 1858, § 5524 (deriv. Acts 1829, ch. 38, § 26); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7543; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12141; Acts 1972, ch. 576, § 18; T.C.A. (orig. ed.), § 41-341; Acts 1996, ch. 675, § 40.
Tenn. Code Ann. § 41-2-151 — TN Code / Title 41 / Chapter 2 / Section 41-2-151
Interlocal agreements for joint operation of workhouses
Status: in_force

Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a workhouse to serve the counties so agreeing. Acts 1999, ch. 190, § 4.
Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a workhouse to serve the counties so agreeing.
Acts 1999, ch. 190, § 4.
Tenn. Code Ann. § 41-22-209 — TN Code / Title 41 / Chapter 22 / Section 41-22-209
Rate of compensation - Payment of expenses
Status: in_force

(a) The rate of compensation for the labor of inmates of the penitentiaries shall be fixed and determined by the commissioner of correction and by the county legislative body entering into the contract and shall be in accordance with rules and regulations to be prescribed by the commissioner; provided, that the rate of compensation shall not be less than one dollar ($1.00) per day of ten (10) hours for labor of each inmate employed on the work. (b) The commissioner is authorized to pay all necessary transportation of inmates, guards and equipment out of the correction budget. Acts 1981, ch. 378, § 1; T.C.A., § 41-509.
(a) The rate of compensation for the labor of inmates of the penitentiaries shall be fixed and determined by the commissioner of correction and by the county legislative body entering into the contract and shall be in accordance with rules and regulations to be prescribed by the commissioner; provided, that the rate of compensation shall not be less than one dollar ($1.00) per day of ten (10) hours for labor of each inmate employed on the work.
(b) The commissioner is authorized to pay all necessary transportation of inmates, guards and equipment out of the correction budget.
Acts 1981, ch. 378, § 1; T.C.A., § 41-509.
Tenn. Code Ann. § 41-23-103 — TN Code / Title 41 / Chapter 23 / Section 41-23-103
Powers of commissioner of correction
Status: in_force

(a) The commissioner of correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may, in the commissioner's discretion, delegate this authority to the deputy commissioner of correction. (b) The commissioner shall make a written report to the speakers of the senate and the house of representatives and the chairs of the senate judiciary committee and the criminal justice committee of the house of representatives, at least once each year. The report shall be made no later than February 1. The report shall advise the officials and committees on the number of participants in the compact. Amended by 2021 Tenn. Acts, ch. 64, s 62, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 72, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 36, eff. 4/19/2013. Acts 1973, ch. 32, § 13; T.C.A., § 41-1903; Acts 1988, ch. 502, § 3.
(a) The commissioner of correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may, in the commissioner's discretion, delegate this authority to the deputy commissioner of correction.
(b) The commissioner shall make a written report to the speakers of the senate and the house of representatives and the chairs of the senate judiciary committee and the criminal justice committee of the house of representatives, at least once each year. The report shall be made no later than February 1. The report shall advise the officials and committees on the number of participants in the compact.
Amended by 2021 Tenn. Acts, ch. 64, s 62, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 72, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 36, eff. 4/19/2013.
Acts 1973, ch. 32, § 13; T.C.A., § 41-1903; Acts 1988, ch. 502, § 3.
Tenn. Code Ann. § 41-22-206 — TN Code / Title 41 / Chapter 22 / Section 41-22-206
Notification to counties - Preparation for work - Terms and conditions of employment
Status: in_force

When the census provided for in § 41-22-205 is completed, the county mayor of each county shall be notified by the commissioner of correction that certain inmates of the penitentiaries are available and subject to be employed upon the county roads, pikes and highways of the counties and that the county mayor may apply for the inmates' services, upon such terms and conditions as may be required by the commissioner. The county mayor may fix and select the quarters and shall prepare equipment for the working of the inmates on the county roads, pikes and highways that will be maintained, controlled, and operated by the county mayor. Whenever any county enters into a contract with the commissioner for employment of inmates of the penitentiaries, the inmates and all machinery used by them shall be under the absolute control of such officers as may be designated and provided by the commissioner, but the inmates shall be worked on such roads, pikes or highways as may be designated by the county employing them. Acts 1981, ch. 378, § 1; T.C.A., § 41-506; Acts 2003, ch. 90, § 2.
When the census provided for in § 41-22-205 is completed, the county mayor of each county shall be notified by the commissioner of correction that certain inmates of the penitentiaries are available and subject to be employed upon the county roads, pikes and highways of the counties and that the county mayor may apply for the inmates' services, upon such terms and conditions as may be required by the commissioner. The county mayor may fix and select the quarters and shall prepare equipment for the working of the inmates on the county roads, pikes and highways that will be maintained, controlled, and operated by the county mayor. Whenever any county enters into a contract with the commissioner for employment of inmates of the penitentiaries, the inmates and all machinery used by them shall be under the absolute control of such officers as may be designated and provided by the commissioner, but the inmates shall be worked on such roads, pikes or highways as may be designated by the county employing them.
Acts 1981, ch. 378, § 1; T.C.A., § 41-506; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 41-22-415 — TN Code / Title 41 / Chapter 22 / Section 41-22-415
Contractual agreements to provide for work training programs
Status: in_force

TRICOR may enter into contractual agreements with counties and cities to provide work training programs, including the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L 96-157, as amended), for prisoners incarcerated in county and city jails. Acts 2020, ch. 705, § 1.
TRICOR may enter into contractual agreements with counties and cities to provide work training programs, including the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L 96-157, as amended), for prisoners incarcerated in county and city jails.
Acts 2020, ch. 705, § 1.
Tenn. Code Ann. § 41-22-215 — TN Code / Title 41 / Chapter 22 / Section 41-22-215
Use of inmate labor on federally funded construction
Status: in_force

(a) Power is conferred upon the commissioner of correction, with the approval of the governor, to make and enter into agreements and contracts with the commissioner of transportation and any officer or agency of the federal government under the power conferred by any act of congress of the United States granting funds for the construction of roads, for the employment of inmates in the custody of the department of correction on such roads as the officer or agency of the federal government and the state department of transportation may desire to construct or reconstruct in cooperation with the United States government and state of Tennessee, or with the United States government, state of Tennessee and any county, or with the United States government and any county; provided, that no employment shall be required of any inmates that is not safe, healthful and suitable to the physical condition and attainments of the inmates. (b) The rules of the commissioner of correction as permitted under this part shall be applicable in the employment of the inmates of the penitentiaries upon such agreements and contracts as may be entered into by an officer or agency of the federal government and the state department of transportation. Acts 1981, ch. 378, § 1; T.C.A., §§ 41-515, 41-516.
(a) Power is conferred upon the commissioner of correction, with the approval of the governor, to make and enter into agreements and contracts with the commissioner of transportation and any officer or agency of the federal government under the power conferred by any act of congress of the United States granting funds for the construction of roads, for the employment of inmates in the custody of the department of correction on such roads as the officer or agency of the federal government and the state department of transportation may desire to construct or reconstruct in cooperation with the United States government and state of Tennessee, or with the United States government, state of Tennessee and any county, or with the United States government and any county; provided, that no employment shall be required of any inmates that is not safe, healthful and suitable to the physical condition and attainments of the inmates.
(b) The rules of the commissioner of correction as permitted under this part shall be applicable in the employment of the inmates of the penitentiaries upon such agreements and contracts as may be entered into by an officer or agency of the federal government and the state department of transportation.
Acts 1981, ch. 378, § 1; T.C.A., §§ 41-515, 41-516.
Tenn. Code Ann. § 41-7-106 — TN Code / Title 41 / Chapter 7 / Section 41-7-106
Powers of board
Status: in_force

(a) The board is authorized to enter into a contract or contracts with state, local, municipal, county or metropolitan correctional and criminal justice officials as may be necessary in order to carry out title 40, chapter 28, this chapter and chapter 21 of this title. In addition, the board has the power to contract with appropriate officials in other states who wish to utilize the services of the institute. The power to contract shall include the power to contract with public agencies or officials for enrolling trainees in general courses or establishing special courses and study projects designed to meet the needs of agencies or units of government. (b) The board is authorized to accept and expend local, federal or foundation funds, contributions or grants as may be received and allotted for the purposes of this chapter. (c) The board shall promulgate rules and regulations for the implementation and the effective operation of this chapter. (d) The board has the right and power to call on the office of the attorney general and reporter for any necessary legal representation or assistance. (e) The board may authorize its executive director or other official of the institute to execute contracts and take such other actions as it may specify from time to time. (f) The board is empowered to and shall establish criteria for determining whether to waive the minimum qualifications required to be a jail administrator, workhouse administrator, jailer, corrections officer, or guard in a county jail or workhouse, as provided in § 41-4-144 . (g) The board shall not grant waivers for any person hired as a jail administrator, workhouse administrator, jailer, corrections officer, or guard in any county jail or workhouse who has been dishonorably discharged from the military, has any mental impairment which affects the person's ability to perform any essential function of the job with or without a reasonable accommodation, has a conviction for domestic assault or a felony conviction. (h) The board's decision to grant waivers under subsection (f) shall be appealable to the chancery court. (i) The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement subsection (f). Amended by 2013 Tenn. Acts, ch. 173, s 1, eff. 7/1/2013. Acts 1974, ch. 733, § 5; 1976, ch. 386, § 1; 1979, ch. 133, § 1; T.C.A., §41-2106; Acts 1984, ch. 938, §9; 2012 , ch. 930, §1; 2012 , ch. 986, § 8.
(a) The board is authorized to enter into a contract or contracts with state, local, municipal, county or metropolitan correctional and criminal justice officials as may be necessary in order to carry out title 40, chapter 28, this chapter and chapter 21 of this title. In addition, the board has the power to contract with appropriate officials in other states who wish to utilize the services of the institute. The power to contract shall include the power to contract with public agencies or officials for enrolling trainees in general courses or establishing special courses and study projects designed to meet the needs of agencies or units of government.
(b) The board is authorized to accept and expend local, federal or foundation funds, contributions or grants as may be received and allotted for the purposes of this chapter.
(c) The board shall promulgate rules and regulations for the implementation and the effective operation of this chapter.
(d) The board has the right and power to call on the office of the attorney general and reporter for any necessary legal representation or assistance.
(e) The board may authorize its executive director or other official of the institute to execute contracts and take such other actions as it may specify from time to time.
(f) The board is empowered to and shall establish criteria for determining whether to waive the minimum qualifications required to be a jail administrator, workhouse administrator, jailer, corrections officer, or guard in a county jail or workhouse, as provided in § 41-4-144 .
(g) The board shall not grant waivers for any person hired as a jail administrator, workhouse administrator, jailer, corrections officer, or guard in any county jail or workhouse who has been dishonorably discharged from the military, has any mental impairment which affects the person's ability to perform any essential function of the job with or without a reasonable accommodation, has a conviction for domestic assault or a felony conviction.
(h) The board's decision to grant waivers under subsection (f) shall be appealable to the chancery court.
(i) The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement subsection (f).
Amended by 2013 Tenn. Acts, ch. 173, s 1, eff. 7/1/2013.
Acts 1974, ch. 733, § 5; 1976, ch. 386, § 1; 1979, ch. 133, § 1; T.C.A., §41-2106; Acts 1984, ch. 938, §9; 2012 , ch. 930, §1; 2012 , ch. 986, § 8.
Tenn. Code Ann. § 41-21-307 — TN Code / Title 41 / Chapter 21 / Section 41-21-307
Warden's powers in removing inmates to and from court
Status: in_force

The warden of the penitentiary, in removing inmates to and from the penitentiary under an order of court, has the same power as the sheriff in removing inmates to the penitentiary. Code 1858, § 5548; Shan., § 7570; mod. Code 1932, § 12168; T.C.A. (orig. ed.), § 41-608.
The warden of the penitentiary, in removing inmates to and from the penitentiary under an order of court, has the same power as the sheriff in removing inmates to the penitentiary.
Code 1858, § 5548; Shan., § 7570; mod. Code 1932, § 12168; T.C.A. (orig. ed.), § 41-608.
Tenn. Code Ann. § 41-1-201 — TN Code / Title 41 / Chapter 1 / Section 41-1-201
Female unit established
Status: in_force

The female unit of the state penitentiary shall be a separate institution apart from the administration of the main prison and shall remain a separate unit of the department of correction, but governed by the laws, not in conflict with this chapter, as were in force on July 1, 1965, governing the state penitentiary at Nashville, Brushy Mountain Penitentiary, Fort Pillow State Farm, and other penal institutions, reformatories, branches or facilities of the department. Acts 1965, ch. 178, § 1; T.C.A., § 41-1701.
The female unit of the state penitentiary shall be a separate institution apart from the administration of the main prison and shall remain a separate unit of the department of correction, but governed by the laws, not in conflict with this chapter, as were in force on July 1, 1965, governing the state penitentiary at Nashville, Brushy Mountain Penitentiary, Fort Pillow State Farm, and other penal institutions, reformatories, branches or facilities of the department.
Acts 1965, ch. 178, § 1; T.C.A., § 41-1701.
Tenn. Code Ann. § 41-1-105 — TN Code / Title 41 / Chapter 1 / Section 41-1-105
Reports to commissioner
Status: in_force

The commissioner may require stated reports, in writing, from the warden, physician and other officers as to the condition of the establishment and its inmates. Code 1858, § 5456 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1871, ch. 94, § 5; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7470; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12066; T.C.A. (orig. ed.), § 41-116.
The commissioner may require stated reports, in writing, from the warden, physician and other officers as to the condition of the establishment and its inmates.
Code 1858, § 5456 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1871, ch. 94, § 5; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7470; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12066; T.C.A. (orig. ed.), § 41-116.
Tenn. Code Ann. § 41-21-202 — TN Code / Title 41 / Chapter 21 / Section 41-21-202
Grading and classification of inmates
Status: in_force

The inmates shall be graded and classified in such a manner as is most conducive to prison discipline and the moral status of the inmates. Acts 1895 (Ex. Sess.), ch. 7, § 4; Shan., § 7520; mod. Code 1932, § 12117; Acts 1972, ch. 576, § 9; T.C.A. (orig. ed.), § 41-302.
The inmates shall be graded and classified in such a manner as is most conducive to prison discipline and the moral status of the inmates.
Acts 1895 (Ex. Sess.), ch. 7, § 4; Shan., § 7520; mod. Code 1932, § 12117; Acts 1972, ch. 576, § 9; T.C.A. (orig. ed.), § 41-302.
Tenn. Code Ann. § 41-21-408 — TN Code / Title 41 / Chapter 21 / Section 41-21-408
Reports of violence within correctional facilities
Status: in_force

(a) (1) The warden or chief administrative officer of each correctional facility owned or operated by the department of correction shall forward a report detailing all acts of violence committed by or against any guard, employee or inmate in the facility to the district attorney general of the judicial district in which the violent act occurred. (2) The report shall include, as to each act of violence, a copy of any internal investigation report prepared, the results of any disciplinary committee hearing and any disciplinary action taken concerning the act of violence. (b) If the release of the information would endanger or compromise the security of any inmate or the security of the institution, the warden or chief administrative officer shall have the discretion to classify the information and maintain the confidentiality of the information. Acts 1982, ch. 659, § 1; T.C.A., § 41-728.
(a) (1) The warden or chief administrative officer of each correctional facility owned or operated by the department of correction shall forward a report detailing all acts of violence committed by or against any guard, employee or inmate in the facility to the district attorney general of the judicial district in which the violent act occurred. (2) The report shall include, as to each act of violence, a copy of any internal investigation report prepared, the results of any disciplinary committee hearing and any disciplinary action taken concerning the act of violence.
(1) The warden or chief administrative officer of each correctional facility owned or operated by the department of correction shall forward a report detailing all acts of violence committed by or against any guard, employee or inmate in the facility to the district attorney general of the judicial district in which the violent act occurred.
(2) The report shall include, as to each act of violence, a copy of any internal investigation report prepared, the results of any disciplinary committee hearing and any disciplinary action taken concerning the act of violence.
(b) If the release of the information would endanger or compromise the security of any inmate or the security of the institution, the warden or chief administrative officer shall have the discretion to classify the information and maintain the confidentiality of the information.
Acts 1982, ch. 659, § 1; T.C.A., § 41-728.
Tenn. Code Ann. § 41-2-116 — TN Code / Title 41 / Chapter 2 / Section 41-2-116
Statement of sentence
Status: in_force

(a) A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and to the county mayor by the clerk of the court trying the case and shall specify: (1) The name of the inmate; (2) Date of sentence; (3) Crime for which committed; (4) The term of imprisonment; and (5) Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose. (b) The superintendent shall also keep a record of the age, sex, complexion, color of the hair and eyes and nationality of each inmate. Acts 1891, ch. 123, § 15; Shan., § 7420; Code 1932, §12029; impl. am. Acts 1978, ch. 934, §§ 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §41-1224; Acts 2003 , ch. 90, § 2.
(a) A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and to the county mayor by the clerk of the court trying the case and shall specify: (1) The name of the inmate; (2) Date of sentence; (3) Crime for which committed; (4) The term of imprisonment; and (5) Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.
(1) The name of the inmate;
(2) Date of sentence;
(3) Crime for which committed;
(4) The term of imprisonment; and
(5) Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.
(b) The superintendent shall also keep a record of the age, sex, complexion, color of the hair and eyes and nationality of each inmate.
Acts 1891, ch. 123, § 15; Shan., § 7420; Code 1932, §12029; impl. am. Acts 1978, ch. 934, §§ 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §41-1224; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-6-108 — TN Code / Title 41 / Chapter 6 / Section 41-6-108
Failure to return
Status: in_force

In the event inmates participating in restitution employment programs fail to return to the restitution centers within specified time limits, that failure shall constitute prima facie evidence of escape and shall be punished under the penalties imposed by the laws of this state. Acts 1976, ch. 818, § 8; T.C.A., § 41-2308.
In the event inmates participating in restitution employment programs fail to return to the restitution centers within specified time limits, that failure shall constitute prima facie evidence of escape and shall be punished under the penalties imposed by the laws of this state.
Acts 1976, ch. 818, § 8; T.C.A., § 41-2308.
Tenn. Code Ann. § 41-2-152 — TN Code / Title 41 / Chapter 2 / Section 41-2-152
Electronic monitoring for work release - Costs paid by employer - Applicability
Status: in_force

(a) Except as provided in subsection (c), beginning January 1, 2024, a prisoner of a county workhouse or jail who is released from custody on work release or otherwise allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community, whether the work is paid or unpaid, must use an electronic monitoring device at all times when the prisoner is not on the grounds of the county workhouse or jail. (b) The entity employing the prisoner or utilizing the prisoner for work shall pay the costs of the electronic monitoring device required pursuant to subsection (a). (c) This section does not apply if: (1) The prisoner, at all times while not on the grounds of the county workhouse or jail: (A) Is supervised by an armed law enforcement or corrections officer; and (B) Remains in the direct eyesight of an armed law enforcement or corrections officer; or (2) The judge of the sentencing court and the sheriff of the county where the workhouse or jail is located approve in writing an exemption to allow the prisoner to be released from custody on work release or otherwise be allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community without an electronic monitoring device. Amended by 2024 Tenn. Acts, ch. 1052,s 1, eff. 5/28/2024. Added by 2023 Tenn. Acts, ch. 301, s 1, eff. 4/28/2023.
(a) Except as provided in subsection (c), beginning January 1, 2024, a prisoner of a county workhouse or jail who is released from custody on work release or otherwise allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community, whether the work is paid or unpaid, must use an electronic monitoring device at all times when the prisoner is not on the grounds of the county workhouse or jail.
(b) The entity employing the prisoner or utilizing the prisoner for work shall pay the costs of the electronic monitoring device required pursuant to subsection (a).
(c) This section does not apply if: (1) The prisoner, at all times while not on the grounds of the county workhouse or jail: (A) Is supervised by an armed law enforcement or corrections officer; and (B) Remains in the direct eyesight of an armed law enforcement or corrections officer; or (2) The judge of the sentencing court and the sheriff of the county where the workhouse or jail is located approve in writing an exemption to allow the prisoner to be released from custody on work release or otherwise be allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community without an electronic monitoring device.
(1) The prisoner, at all times while not on the grounds of the county workhouse or jail: (A) Is supervised by an armed law enforcement or corrections officer; and (B) Remains in the direct eyesight of an armed law enforcement or corrections officer; or
(A) Is supervised by an armed law enforcement or corrections officer; and
(B) Remains in the direct eyesight of an armed law enforcement or corrections officer; or
(2) The judge of the sentencing court and the sheriff of the county where the workhouse or jail is located approve in writing an exemption to allow the prisoner to be released from custody on work release or otherwise be allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community without an electronic monitoring device.
Amended by 2024 Tenn. Acts, ch. 1052,s 1, eff. 5/28/2024.
Added by 2023 Tenn. Acts, ch. 301, s 1, eff. 4/28/2023.