Tenn. Code Ann. § 41-21-236 — TN Code / Title 41 / Chapter 21 / Section 41-21-236
Sentence reduction credits
Status: in_force

(a) (1) Those persons committed to the custody of the department of correction shall be assigned to work, educational and/or vocational training programs when positions in those programs are available. (2) (A) (i) Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits. (a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024. (b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024. (ii) The credits awarded may vary between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance. (iii) Credits for good institutional behavior or for satisfactory program performance may be awarded by the warden based on criteria established by the department; however, the credits are subject to review and removal by the inmate disciplinary oversight board. (B) (i) In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received. (iii) The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 . (iv) The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006. (C) (i) In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment. (iii) The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l) . (iv) The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018. (D) No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. This section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation. (3) (A) Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both. (B) Sentence credits awarded pursuant to subdivision (a)(3)(A) are subject to review and removal by the inmate disciplinary oversight board. (4) Sentence credits may not be awarded toward a period of less than one (1) calendar month or for any month in which an inmate commits a Class A disciplinary offense of which the inmate is found guilty. No sentence credits for good institutional behavior may be awarded for any month in which an inmate commits any disciplinary offense of which the inmate is found guilty. (5) (A) An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment. (B) Sentence credits removed pursuant to subdivision (a)(5)(A) are subject to review by the inmate disciplinary oversight board. (6) (A) The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded. (B) Sentence credits removed pursuant to subdivision (a)(6)(A) are subject to review by the inmate disciplinary oversight board. (7) Sentence credits shall not be earned or credited to any inmates classified as maximum security or being held in punitive segregation. (8) The criteria established by the department for awarding credits for good institutional behavior pursuant to this subsection (a) must include a requirement that the inmate complete a department-approved validated risk and needs assessment and participate in programming or employment in order for the inmate to be eligible to earn sentence credits for good institutional behavior. The department is responsible for administering the risk and needs assessment required by this subdivision (a)(8) to an inmate, regardless of where the inmate is housed, unless the local jail is administering the risk and needs assessment pursuant to § 41-8-106 . (b) (1) The allowances that can be awarded pursuant to this section shall be referred to as inmate sentence reduction credits. (2) For sentences of less than (2) years or for offenses committed before July 1, 2024, sentence reduction credits shall affect release eligibility and sentence expiration dates in the same manner as time credits affected parole eligibility and sentence expiration dates prior to September 1, 1980. (3) For sentences of more than (2) years for offenses committed on or after July 1, 2024, sentence reduction credits shall affect eligibility for release on parole and shall not alter the sentence expiration date. (c) (1) Any provision of title 40, chapter 35 to the contrary notwithstanding, persons convicted under that chapter may be awarded sentence reduction credits as set forth in this section. (2) Any provision of titles 39 and 40 to the contrary notwithstanding, all persons who commit Class X felonies on or after December 11, 1985, shall be eligible for the sentence reduction credits authorized by this section. (3) Any person who committed a felony, including any Class X felony, prior to December 11, 1985, may become eligible for the sentence reduction credits authorized by this section by signing a waiver, in writing, of the right to serve the sentence under the law in effect at the time the crime was committed. However, sentence reduction credits authorized by this section may be awarded only for conduct or performance from and after the date a person becomes eligible under this subsection (c). (d) Sentence reduction credits for good institutional behavior as authorized by this section shall likewise apply in accordance with the terms of this section, and under the criteria, rules and regulations established by the department, to all felony offenders serving sentences of one (1) or more years in local jails or workhouses and to all inmates serving time in county jails or workhouses because the inmate's commitment to the department has been delayed due to invocation of the governor's emergency overcrowding powers or through an injunction from a federal court restricting the intake of inmates into the department. When this section is applied to those offenders, references to "warden" in this part shall be deemed references to the superintendent or jailer, as appropriate. Such felony offenders shall not be eligible to receive any other sentence credits for good institutional behavior; provided, that, in addition to the sentence reduction credits for good institutional behavior as authorized by this section, such felony offenders may receive any credits for which they are eligible under chapter 2 of this title for work performed or satisfactory performance of job, educational or vocational programs. (e) (1) Sentence reduction credits for good institutional behavior as authorized by this section may also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence. The total credit that a convicted felon may receive is calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served. (2) The sentence reduction credits authorized by subdivision (e)(1) may be awarded at the rate of eight (8) days for each month served prior to imposition of sentence. In order to award credits pursuant to subdivision (e)(1), the superintendent or jail administrator must provide the department with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the felon should be awarded. The department shall award the number of sentence reduction credits recommended in the superintendent's or jail administrator's written documentation. (3) A convicted felon does not have a right to the credits authorized by subdivision (e)(1) or a right to appeal the superintendent's or jail administrator's determination concerning the number of sentence reduction credits a particular felon should be awarded. (4) Sentence credits awarded pursuant to this subsection (e) are subject to review by the inmate disciplinary oversight board. (f) (1) Except as provided in subdivision (f)(2), an inmate serving a misdemeanor sentence in a county jail, workhouse or other local facility who exhibits good institutional behavior or who exhibits satisfactory performance within a program shall be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as is provided in this section for inmates serving felony sentences. (2) If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this section for felons, the inmate may elect to receive the sentence credits either under the system provided in this section for felons or under the system in effect at the local facility. (3) In no event may an inmate receive credits cumulatively under both systems or receive credits at a rate that is less than that provided by this section for felons. (4) In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that an inmate shall serve before release from confinement. After service of that percentage and allowance for credits authorized in this section, the defendant shall be released from confinement. The percentage shall be expressed as thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), eighty percent (80%), ninety percent (90%) or one hundred percent (100%). In no event shall the application of sentence credits result in more than a twenty-five percent (25%) reduction in the inmate's release percentage. (g) The department is authorized to continue the application of the previously enacted sentence credit systems formerly codified in [former] §§ 41-21-212 [repealed], [former] 41-21-213 [repealed], [former] 41-21-214 [repealed], [former] 41-21-215 [repealed], [former] 41-21-228 [repealed], [former] 41-21-229 [repealed], [former] 41-21-230 [repealed], [former] 41-21-231 [repealed], [former] 41-21-232 [repealed] and [former] 41-21-233 [repealed], to any inmates to whom they currently apply and who do not sign written waivers as provided in subsection (c). Any sentence credits earned or awarded under previously enacted systems shall continue to remain in full force and effect unless and until they are taken away in accordance with the procedures established by the previously enacted systems. (h) Nothing in this section shall operate to reduce the minimum sentence of a person convicted of the offense of driving under the influence of an intoxicant as prohibited by §§ 55-10-401 and 55-10-402 . (i) Notwithstanding any other law to the contrary, no sentence credits authorized by this section or any other law, nor a sentence contract authorized by §§ 40-28-115 , 40-28-116 , 40-34-103 and 40-35-501 or any other law, shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by any sentence credits, by more than thirty-five percent (35%). For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%). (j) (1) As used in this section, "sentence reduction credits" or "sentence credits" include: (A) For sentences of less than two (2) years or for offenses committed before July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences; and (B) For sentences of more than two (2) years for offenses occurring on or after July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve before becoming eligible for release on parole. (2) This section is applicable notwithstanding the powers granted pursuant to this title to reduce prison overcrowding. Amended by 2024 Tenn. Acts, ch. 1038,s 10, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1038,s 9, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1038,s 8, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 402, s 6, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 402, s 5, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 402, s 4, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 402, s 3, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 402, s 2, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 458, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 427, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 402, s 1, eff. 1/1/2024. Amended by 2018 Tenn. Acts, ch. 1040, s 11, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 794, s 1, eff. 4/12/2016. Amended by 2013 Tenn. Acts, ch. 154, s 41, eff. 7/1/2013. Acts 1985 (1st Ex. Sess.), ch. 5, §§ 12, 52; 1988, ch. 599, § 1; 1989, ch. 42, § 1; 1997 , ch. 356, § 1; 2006, ch. 624, § 1; 2007 , ch. 350, § 1.
(a) (1) Those persons committed to the custody of the department of correction shall be assigned to work, educational and/or vocational training programs when positions in those programs are available. (2) (A) (i) Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits. (a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024. (b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024. (ii) The credits awarded may vary between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance. (iii) Credits for good institutional behavior or for satisfactory program performance may be awarded by the warden based on criteria established by the department; however, the credits are subject to review and removal by the inmate disciplinary oversight board. (B) (i) In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received. (iii) The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 . (iv) The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006. (C) (i) In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment. (iii) The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l) . (iv) The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018. (D) No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. This section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation. (3) (A) Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both. (B) Sentence credits awarded pursuant to subdivision (a)(3)(A) are subject to review and removal by the inmate disciplinary oversight board. (4) Sentence credits may not be awarded toward a period of less than one (1) calendar month or for any month in which an inmate commits a Class A disciplinary offense of which the inmate is found guilty. No sentence credits for good institutional behavior may be awarded for any month in which an inmate commits any disciplinary offense of which the inmate is found guilty. (5) (A) An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment. (B) Sentence credits removed pursuant to subdivision (a)(5)(A) are subject to review by the inmate disciplinary oversight board. (6) (A) The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded. (B) Sentence credits removed pursuant to subdivision (a)(6)(A) are subject to review by the inmate disciplinary oversight board. (7) Sentence credits shall not be earned or credited to any inmates classified as maximum security or being held in punitive segregation. (8) The criteria established by the department for awarding credits for good institutional behavior pursuant to this subsection (a) must include a requirement that the inmate complete a department-approved validated risk and needs assessment and participate in programming or employment in order for the inmate to be eligible to earn sentence credits for good institutional behavior. The department is responsible for administering the risk and needs assessment required by this subdivision (a)(8) to an inmate, regardless of where the inmate is housed, unless the local jail is administering the risk and needs assessment pursuant to § 41-8-106 .
(1) Those persons committed to the custody of the department of correction shall be assigned to work, educational and/or vocational training programs when positions in those programs are available.
(2) (A) (i) Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits. (a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024. (b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024. (ii) The credits awarded may vary between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance. (iii) Credits for good institutional behavior or for satisfactory program performance may be awarded by the warden based on criteria established by the department; however, the credits are subject to review and removal by the inmate disciplinary oversight board. (B) (i) In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received. (iii) The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 . (iv) The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006. (C) (i) In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment. (iii) The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l) . (iv) The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018. (D) No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. This section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation.
(A) (i) Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits. (a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024. (b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024. (ii) The credits awarded may vary between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance. (iii) Credits for good institutional behavior or for satisfactory program performance may be awarded by the warden based on criteria established by the department; however, the credits are subject to review and removal by the inmate disciplinary oversight board.
(i) Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits. (a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024. (b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024.
(a) The sentence reduction credits shall be used to reduce the sentence imposed for inmates serving a sentence: (1) That was imposed for an offense that occurred before July 1, 2024; or (2) Of less than two (2) years for an offense that occurred on or after July 1, 2024.
(1) That was imposed for an offense that occurred before July 1, 2024; or
(2) Of less than two (2) years for an offense that occurred on or after July 1, 2024.
(b) The sentence reduction credits shall be used to reduce the time an inmate must serve before becoming eligible for release on parole and shall not alter the sentence expiration date for inmates who are serving a sentence of more than two (2) years for an offense that occurred on or after July 1, 2024.
(ii) The credits awarded may vary between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance.
(iii) Credits for good institutional behavior or for satisfactory program performance may be awarded by the warden based on criteria established by the department; however, the credits are subject to review and removal by the inmate disciplinary oversight board.
(B) (i) In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received. (iii) The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 . (iv) The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006.
(i) In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a high school equivalency credential or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed.
(ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who will return to the community to become working and productive members of society through the benefit of their educational diploma or certificate. It is further the legislative intent that existing educational and vocational programs offered by the department shall not be increased in size as a result of this subdivision (a)(2). Priority in enrollment in existing educational and vocational programs shall be given to prisoners who will be eligible for parole or release upon completion of their sentence and who can reasonably be expected to re-enter the workforce. Priority in enrollment shall also be given to prisoners who will be incarcerated by the department for such period of time that they will receive the full credit for sentence reduction provided in this subdivision (a)(2). Once these priorities have been met, enrollment in educational and vocational programs by other prisoners shall be available on a space-available basis, without any sentence reduction credit for any diploma or certification received.
(iii) The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 .
(iv) The sixty (60) days of educational good time credit authorized by this subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in this subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006.
(C) (i) In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department. (ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment. (iii) The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l) . (iv) The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018.
(i) In addition to the credits authorized by subdivision (a)(2)(A) and this subdivision (a)(2)(B), the department shall provide a credit of sixty (60) days to any qualifying prisoner who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department.
(ii) It is the legislative intent that this credit be implemented by the department in a manner that maximizes the potential of prisoners who have a history of substance use disorders returning to the community to become working and productive members of society by breaking the cycle of substance use and criminal behavior through successful completion of intensive substance use disorder treatment.
(iii) The provisions of this subdivision (a)(2)(C) permitting an additional sixty (60) days of credit for successful completion of the intensive substance use disorder treatment program shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523 or § 40-35-501(l) .
(iv) The sixty (60) days of credit authorized by this subdivision (a)(2)(C) shall apply to any inmate who successfully completes an evidence-based, intensive residential substance use disorder treatment therapeutic community program of at least nine (9) months in the department on or after July 1, 2018.
(D) No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. This section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation.
(3) (A) Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both. (B) Sentence credits awarded pursuant to subdivision (a)(3)(A) are subject to review and removal by the inmate disciplinary oversight board.
(A) Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both.
(B) Sentence credits awarded pursuant to subdivision (a)(3)(A) are subject to review and removal by the inmate disciplinary oversight board.
(4) Sentence credits may not be awarded toward a period of less than one (1) calendar month or for any month in which an inmate commits a Class A disciplinary offense of which the inmate is found guilty. No sentence credits for good institutional behavior may be awarded for any month in which an inmate commits any disciplinary offense of which the inmate is found guilty.
(5) (A) An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment. (B) Sentence credits removed pursuant to subdivision (a)(5)(A) are subject to review by the inmate disciplinary oversight board.
(A) An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment.
(B) Sentence credits removed pursuant to subdivision (a)(5)(A) are subject to review by the inmate disciplinary oversight board.
(6) (A) The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded. (B) Sentence credits removed pursuant to subdivision (a)(6)(A) are subject to review by the inmate disciplinary oversight board.
(A) The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded.
(B) Sentence credits removed pursuant to subdivision (a)(6)(A) are subject to review by the inmate disciplinary oversight board.
(7) Sentence credits shall not be earned or credited to any inmates classified as maximum security or being held in punitive segregation.
(8) The criteria established by the department for awarding credits for good institutional behavior pursuant to this subsection (a) must include a requirement that the inmate complete a department-approved validated risk and needs assessment and participate in programming or employment in order for the inmate to be eligible to earn sentence credits for good institutional behavior. The department is responsible for administering the risk and needs assessment required by this subdivision (a)(8) to an inmate, regardless of where the inmate is housed, unless the local jail is administering the risk and needs assessment pursuant to § 41-8-106 .
(b) (1) The allowances that can be awarded pursuant to this section shall be referred to as inmate sentence reduction credits. (2) For sentences of less than (2) years or for offenses committed before July 1, 2024, sentence reduction credits shall affect release eligibility and sentence expiration dates in the same manner as time credits affected parole eligibility and sentence expiration dates prior to September 1, 1980. (3) For sentences of more than (2) years for offenses committed on or after July 1, 2024, sentence reduction credits shall affect eligibility for release on parole and shall not alter the sentence expiration date.
(1) The allowances that can be awarded pursuant to this section shall be referred to as inmate sentence reduction credits.
(2) For sentences of less than (2) years or for offenses committed before July 1, 2024, sentence reduction credits shall affect release eligibility and sentence expiration dates in the same manner as time credits affected parole eligibility and sentence expiration dates prior to September 1, 1980.
(3) For sentences of more than (2) years for offenses committed on or after July 1, 2024, sentence reduction credits shall affect eligibility for release on parole and shall not alter the sentence expiration date.
(c) (1) Any provision of title 40, chapter 35 to the contrary notwithstanding, persons convicted under that chapter may be awarded sentence reduction credits as set forth in this section. (2) Any provision of titles 39 and 40 to the contrary notwithstanding, all persons who commit Class X felonies on or after December 11, 1985, shall be eligible for the sentence reduction credits authorized by this section. (3) Any person who committed a felony, including any Class X felony, prior to December 11, 1985, may become eligible for the sentence reduction credits authorized by this section by signing a waiver, in writing, of the right to serve the sentence under the law in effect at the time the crime was committed. However, sentence reduction credits authorized by this section may be awarded only for conduct or performance from and after the date a person becomes eligible under this subsection (c).
(1) Any provision of title 40, chapter 35 to the contrary notwithstanding, persons convicted under that chapter may be awarded sentence reduction credits as set forth in this section.
(2) Any provision of titles 39 and 40 to the contrary notwithstanding, all persons who commit Class X felonies on or after December 11, 1985, shall be eligible for the sentence reduction credits authorized by this section.
(3) Any person who committed a felony, including any Class X felony, prior to December 11, 1985, may become eligible for the sentence reduction credits authorized by this section by signing a waiver, in writing, of the right to serve the sentence under the law in effect at the time the crime was committed. However, sentence reduction credits authorized by this section may be awarded only for conduct or performance from and after the date a person becomes eligible under this subsection (c).
(d) Sentence reduction credits for good institutional behavior as authorized by this section shall likewise apply in accordance with the terms of this section, and under the criteria, rules and regulations established by the department, to all felony offenders serving sentences of one (1) or more years in local jails or workhouses and to all inmates serving time in county jails or workhouses because the inmate's commitment to the department has been delayed due to invocation of the governor's emergency overcrowding powers or through an injunction from a federal court restricting the intake of inmates into the department. When this section is applied to those offenders, references to "warden" in this part shall be deemed references to the superintendent or jailer, as appropriate. Such felony offenders shall not be eligible to receive any other sentence credits for good institutional behavior; provided, that, in addition to the sentence reduction credits for good institutional behavior as authorized by this section, such felony offenders may receive any credits for which they are eligible under chapter 2 of this title for work performed or satisfactory performance of job, educational or vocational programs.
(e) (1) Sentence reduction credits for good institutional behavior as authorized by this section may also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence. The total credit that a convicted felon may receive is calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served. (2) The sentence reduction credits authorized by subdivision (e)(1) may be awarded at the rate of eight (8) days for each month served prior to imposition of sentence. In order to award credits pursuant to subdivision (e)(1), the superintendent or jail administrator must provide the department with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the felon should be awarded. The department shall award the number of sentence reduction credits recommended in the superintendent's or jail administrator's written documentation. (3) A convicted felon does not have a right to the credits authorized by subdivision (e)(1) or a right to appeal the superintendent's or jail administrator's determination concerning the number of sentence reduction credits a particular felon should be awarded. (4) Sentence credits awarded pursuant to this subsection (e) are subject to review by the inmate disciplinary oversight board.
(1) Sentence reduction credits for good institutional behavior as authorized by this section may also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence. The total credit that a convicted felon may receive is calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served.
(2) The sentence reduction credits authorized by subdivision (e)(1) may be awarded at the rate of eight (8) days for each month served prior to imposition of sentence. In order to award credits pursuant to subdivision (e)(1), the superintendent or jail administrator must provide the department with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the felon should be awarded. The department shall award the number of sentence reduction credits recommended in the superintendent's or jail administrator's written documentation.
(3) A convicted felon does not have a right to the credits authorized by subdivision (e)(1) or a right to appeal the superintendent's or jail administrator's determination concerning the number of sentence reduction credits a particular felon should be awarded.
(4) Sentence credits awarded pursuant to this subsection (e) are subject to review by the inmate disciplinary oversight board.
(f) (1) Except as provided in subdivision (f)(2), an inmate serving a misdemeanor sentence in a county jail, workhouse or other local facility who exhibits good institutional behavior or who exhibits satisfactory performance within a program shall be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as is provided in this section for inmates serving felony sentences. (2) If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this section for felons, the inmate may elect to receive the sentence credits either under the system provided in this section for felons or under the system in effect at the local facility. (3) In no event may an inmate receive credits cumulatively under both systems or receive credits at a rate that is less than that provided by this section for felons. (4) In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that an inmate shall serve before release from confinement. After service of that percentage and allowance for credits authorized in this section, the defendant shall be released from confinement. The percentage shall be expressed as thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), eighty percent (80%), ninety percent (90%) or one hundred percent (100%). In no event shall the application of sentence credits result in more than a twenty-five percent (25%) reduction in the inmate's release percentage.
(1) Except as provided in subdivision (f)(2), an inmate serving a misdemeanor sentence in a county jail, workhouse or other local facility who exhibits good institutional behavior or who exhibits satisfactory performance within a program shall be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as is provided in this section for inmates serving felony sentences.
(2) If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this section for felons, the inmate may elect to receive the sentence credits either under the system provided in this section for felons or under the system in effect at the local facility.
(3) In no event may an inmate receive credits cumulatively under both systems or receive credits at a rate that is less than that provided by this section for felons.
(4) In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that an inmate shall serve before release from confinement. After service of that percentage and allowance for credits authorized in this section, the defendant shall be released from confinement. The percentage shall be expressed as thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), eighty percent (80%), ninety percent (90%) or one hundred percent (100%). In no event shall the application of sentence credits result in more than a twenty-five percent (25%) reduction in the inmate's release percentage.
(g) The department is authorized to continue the application of the previously enacted sentence credit systems formerly codified in [former] §§ 41-21-212 [repealed], [former] 41-21-213 [repealed], [former] 41-21-214 [repealed], [former] 41-21-215 [repealed], [former] 41-21-228 [repealed], [former] 41-21-229 [repealed], [former] 41-21-230 [repealed], [former] 41-21-231 [repealed], [former] 41-21-232 [repealed] and [former] 41-21-233 [repealed], to any inmates to whom they currently apply and who do not sign written waivers as provided in subsection (c). Any sentence credits earned or awarded under previously enacted systems shall continue to remain in full force and effect unless and until they are taken away in accordance with the procedures established by the previously enacted systems.
(h) Nothing in this section shall operate to reduce the minimum sentence of a person convicted of the offense of driving under the influence of an intoxicant as prohibited by §§ 55-10-401 and 55-10-402 .
(i) Notwithstanding any other law to the contrary, no sentence credits authorized by this section or any other law, nor a sentence contract authorized by §§ 40-28-115 , 40-28-116 , 40-34-103 and 40-35-501 or any other law, shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by any sentence credits, by more than thirty-five percent (35%). For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).
(j) (1) As used in this section, "sentence reduction credits" or "sentence credits" include: (A) For sentences of less than two (2) years or for offenses committed before July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences; and (B) For sentences of more than two (2) years for offenses occurring on or after July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve before becoming eligible for release on parole. (2) This section is applicable notwithstanding the powers granted pursuant to this title to reduce prison overcrowding.
(1) As used in this section, "sentence reduction credits" or "sentence credits" include: (A) For sentences of less than two (2) years or for offenses committed before July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences; and (B) For sentences of more than two (2) years for offenses occurring on or after July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve before becoming eligible for release on parole.
(A) For sentences of less than two (2) years or for offenses committed before July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences; and
(B) For sentences of more than two (2) years for offenses occurring on or after July 1, 2024, any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve before becoming eligible for release on parole.
(2) This section is applicable notwithstanding the powers granted pursuant to this title to reduce prison overcrowding.
Amended by 2024 Tenn. Acts, ch. 1038,s 10, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1038,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1038,s 8, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 6, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 5, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 4, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 3, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 2, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 458, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 427, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 402, s 1, eff. 1/1/2024.
Amended by 2018 Tenn. Acts, ch. 1040, s 11, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 794, s 1, eff. 4/12/2016.
Amended by 2013 Tenn. Acts, ch. 154, s 41, eff. 7/1/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, §§ 12, 52; 1988, ch. 599, § 1; 1989, ch. 42, § 1; 1997 , ch. 356, § 1; 2006, ch. 624, § 1; 2007 , ch. 350, § 1.
Tenn. Code Ann. § 41-22-103 — TN Code / Title 41 / Chapter 22 / Section 41-22-103
Improvements and repairs of Brushy Mountain property
Status: in_force

The commissioner may, during the summer season, provide employment for part of the inmates at the Brushy Mountain penitentiary in repairing or building any buildings that may be deemed necessary on the property, so that, in the event of the employment of a sufficient number of inmates of the Brushy Mountain penitentiary on the county roads, pikes, highways or railroads, the mining force at the Brushy Mountain penitentiary shall be reduced to not exceeding three hundred (300) men mining coal, burning coke and operating the mines during the road working season. Acts 1915, ch. 114, § 10; Shan., § 7581a18; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12196; T.C.A. (orig. ed.), § 41-403.
The commissioner may, during the summer season, provide employment for part of the inmates at the Brushy Mountain penitentiary in repairing or building any buildings that may be deemed necessary on the property, so that, in the event of the employment of a sufficient number of inmates of the Brushy Mountain penitentiary on the county roads, pikes, highways or railroads, the mining force at the Brushy Mountain penitentiary shall be reduced to not exceeding three hundred (300) men mining coal, burning coke and operating the mines during the road working season.
Acts 1915, ch. 114, § 10; Shan., § 7581a18; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12196; T.C.A. (orig. ed.), § 41-403.
Tenn. Code Ann. § 41-1-203 — TN Code / Title 41 / Chapter 1 / Section 41-1-203
Authority and powers
Status: in_force

The warden of the female institution mentioned in § 41-1-201 shall be endowed with the same authority, powers and provisions of the law as are now enjoyed by the warden of the state penitentiary. Acts 1965, ch. 178, § 3; 1972, ch. 576, § 24; T.C.A., § 41-1703.
The warden of the female institution mentioned in § 41-1-201 shall be endowed with the same authority, powers and provisions of the law as are now enjoyed by the warden of the state penitentiary.
Acts 1965, ch. 178, § 3; 1972, ch. 576, § 24; T.C.A., § 41-1703.
Tenn. Code Ann. § 41-22-127 — TN Code / Title 41 / Chapter 22 / Section 41-22-127
State or local public works projects
Status: in_force

(a) (1) The commissioner of correction, with the approval of the governor and the appropriate commissioner, is authorized and directed to employ and work at state public works projects, such as the improvement, alteration, construction, repair or maintenance of state parks and highways, those inmates who, in the commissioner of correction's judgment, will be safe, humane, practicable or desirable to work outside the prison walls. (2) The commissioner of correction, with the approval of the governor, is authorized to employ and work such inmates as are safe and desirable to work outside the prison walls at county, city or municipal public works projects if, in the discretion of the commissioner, the county, city or municipality provides adequate supervision of inmates to ensure the safety of the general public and to prevent the escape of the inmates. (b) (1) Any county, city or municipality desiring the use of inmates to perform public works projects shall make application to the commissioner of correction. (2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested. (3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state. (c) No inmate shall be required to perform public works projects for the state or any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate. Any project requiring the use of dynamite or any other explosive by an inmate is considered extremely dangerous for the purposes of this subsection (c). Acts 1977, ch. 121, § 1; T.C.A., § 41-430.
(a) (1) The commissioner of correction, with the approval of the governor and the appropriate commissioner, is authorized and directed to employ and work at state public works projects, such as the improvement, alteration, construction, repair or maintenance of state parks and highways, those inmates who, in the commissioner of correction's judgment, will be safe, humane, practicable or desirable to work outside the prison walls. (2) The commissioner of correction, with the approval of the governor, is authorized to employ and work such inmates as are safe and desirable to work outside the prison walls at county, city or municipal public works projects if, in the discretion of the commissioner, the county, city or municipality provides adequate supervision of inmates to ensure the safety of the general public and to prevent the escape of the inmates.
(1) The commissioner of correction, with the approval of the governor and the appropriate commissioner, is authorized and directed to employ and work at state public works projects, such as the improvement, alteration, construction, repair or maintenance of state parks and highways, those inmates who, in the commissioner of correction's judgment, will be safe, humane, practicable or desirable to work outside the prison walls.
(2) The commissioner of correction, with the approval of the governor, is authorized to employ and work such inmates as are safe and desirable to work outside the prison walls at county, city or municipal public works projects if, in the discretion of the commissioner, the county, city or municipality provides adequate supervision of inmates to ensure the safety of the general public and to prevent the escape of the inmates.
(b) (1) Any county, city or municipality desiring the use of inmates to perform public works projects shall make application to the commissioner of correction. (2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested. (3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
(1) Any county, city or municipality desiring the use of inmates to perform public works projects shall make application to the commissioner of correction.
(2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
(A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform.
(i) The location and nature of the proposed project;
(ii) The estimated length of time inmates would be required;
(iii) The number of inmates that would be required; and
(iv) The nature of the duties inmates are to perform.
(B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
(3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
(c) No inmate shall be required to perform public works projects for the state or any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate. Any project requiring the use of dynamite or any other explosive by an inmate is considered extremely dangerous for the purposes of this subsection (c).
Acts 1977, ch. 121, § 1; T.C.A., § 41-430.
Tenn. Code Ann. § 41-22-105 — TN Code / Title 41 / Chapter 22 / Section 41-22-105
Sale of products of inmate labor
Status: in_force

The commissioner is authorized to make contracts for the sale of coal and coke of the state mines and to dispose of all articles manufactured by the inmates for the state, to the best interests of the state, and pay the proceeds into the state treasury. Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7474; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12069; T.C.A. (orig. ed.), § 41-405.
The commissioner is authorized to make contracts for the sale of coal and coke of the state mines and to dispose of all articles manufactured by the inmates for the state, to the best interests of the state, and pay the proceeds into the state treasury.
Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7474; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12069; T.C.A. (orig. ed.), § 41-405.
Tenn. Code Ann. § 41-11-110 — TN Code / Title 41 / Chapter 11 / Section 41-11-110
Cooperation by judge and sheriff of inmate's home county
Status: in_force

The sentencing judge and the sheriff of any county in which an inmate's property is located shall furnish to the attorney for the county all information and assistance possible to enable the attorney to secure reimbursement for the county under this chapter. Acts 1995, ch. 522, § 11.
The sentencing judge and the sheriff of any county in which an inmate's property is located shall furnish to the attorney for the county all information and assistance possible to enable the attorney to secure reimbursement for the county under this chapter.
Acts 1995, ch. 522, § 11.
Tenn. Code Ann. § 41-9-102 — TN Code / Title 41 / Chapter 9 / Section 41-9-102
Applications for probationer labor
Status: in_force

(a) Any charitable organization or governmental entity within a judicial district is eligible to apply with the work project coordinator of the district for probationer labor to perform a specific work project for that organization or entity. (b) The application forms shall be prepared by the coordinator of each district but shall contain the following information: (1) The charitable organization or governmental entity for whom the work will be performed; (2) The specific work project for which probationer labor is requested; (3) The specific job skills, if any, that will be required to complete the project; (4) The number of probationers requested for the project; (5) The anticipated period of time the work project will take to complete; and (6) The person in the organization or entity that will be responsible for the supervision and care of any probationer working on the project. (c) When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), or any agency, branch, department or other entity of municipal, county, state or federal government may submit an application for probationer labor to the work project coordinator of the judicial district in which the work project is to be performed. (d) The work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application. (e) The decision of a work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation and parole shall have authority over the appeals. Acts 1984, ch. 990, § 1; 1990, ch. 805, § 1; 1998, ch. 1049, § 61.
(a) Any charitable organization or governmental entity within a judicial district is eligible to apply with the work project coordinator of the district for probationer labor to perform a specific work project for that organization or entity.
(b) The application forms shall be prepared by the coordinator of each district but shall contain the following information: (1) The charitable organization or governmental entity for whom the work will be performed; (2) The specific work project for which probationer labor is requested; (3) The specific job skills, if any, that will be required to complete the project; (4) The number of probationers requested for the project; (5) The anticipated period of time the work project will take to complete; and (6) The person in the organization or entity that will be responsible for the supervision and care of any probationer working on the project.
(1) The charitable organization or governmental entity for whom the work will be performed;
(2) The specific work project for which probationer labor is requested;
(3) The specific job skills, if any, that will be required to complete the project;
(4) The number of probationers requested for the project;
(5) The anticipated period of time the work project will take to complete; and
(6) The person in the organization or entity that will be responsible for the supervision and care of any probationer working on the project.
(c) When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), or any agency, branch, department or other entity of municipal, county, state or federal government may submit an application for probationer labor to the work project coordinator of the judicial district in which the work project is to be performed.
(d) The work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application.
(e) The decision of a work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation and parole shall have authority over the appeals.
Acts 1984, ch. 990, § 1; 1990, ch. 805, § 1; 1998, ch. 1049, § 61.
Tenn. Code Ann. § 41-22-405 — TN Code / Title 41 / Chapter 22 / Section 41-22-405
Appointment - Membership
Status: in_force

(a) (1) The board shall be appointed by the governor and shall be accountable to the governor and shall be accountable to the general assembly through the state and local government committee of the senate and the state government committee of the house of representatives. (2) A person with a conflict of interest with TRICOR or with this state may not serve on the board. (b) The board shall consist of nine (9) voting members, one (1) of whom shall be the commissioner of correction, or the commissioner's designee; provided, that the commissioner of correction, or the commissioner's designee, shall not cast a vote unless a vote taken by other board members results in a tie, in which case the commissioner of correction, or the commissioner's designee, shall cast the deciding vote. All board members, other than the commissioner of correction or the commissioner's designee, shall be citizens and residents of this state. (c) Board members shall have the following qualifications: (1) At least one (1) member shall be a person of eminence in the field of manufacturing, preferably with experience in management at the executive level; (2) At least one (1) member shall be a person of eminence in the field of labor, preferably having served as an official representing organized labor at the state level; (3) At least one (1) member shall be a person of eminence in the field of agriculture, preferably having a strong decentralized farm management background; (4) At least one (1) member shall be a person of eminence in fiscal management of a company or organization; (5) One (1) member shall be an attorney with a strong background in business or corporate law; (6) One (1) member shall be the executive director of the Tennessee state employees association; (7) The remaining members shall be persons with professional experience appropriate for assisting in carrying out the mission of TRICOR, in disciplines such as sales and marketing and human resources and relations; and (8) In making appointments to the board, the governor shall ensure that at least one (1) person appointed to serve on the board is a member of a racial minority and at least one (1) person appointed to the board is a female. (d) In making initial appointments to the board, two (2) members shall be appointed to terms of one (1) year, two (2) members shall be appointed to terms of two (2) years, two (2) members shall be appointed to terms of three (3) years, and two (2) members shall be appointed to terms of four (4) years. Thereafter, all appointments shall be for terms of four (4) years. A vacancy occurring in the board shall be filled by the governor for the balance of the unexpired term. When a board member's term expires, the board may elect to have the incumbent continue to serve until a new appointment is made. (e) The governor may remove a board member only for good cause and, in so doing, the governor shall submit in writing to the member and to the general assembly the basis for the removal. Amended by 2021 Tenn. Acts, ch. 64, s 58, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 68, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 762, Secs.s 3, s 4 eff. 4/19/2016. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1994, ch. 737, § 1; 2003 , ch. 187, §§ 1, 3, 4, 13-15; 2011 , ch. 410, § 2(i).
(a) (1) The board shall be appointed by the governor and shall be accountable to the governor and shall be accountable to the general assembly through the state and local government committee of the senate and the state government committee of the house of representatives. (2) A person with a conflict of interest with TRICOR or with this state may not serve on the board.
(1) The board shall be appointed by the governor and shall be accountable to the governor and shall be accountable to the general assembly through the state and local government committee of the senate and the state government committee of the house of representatives.
(2) A person with a conflict of interest with TRICOR or with this state may not serve on the board.
(b) The board shall consist of nine (9) voting members, one (1) of whom shall be the commissioner of correction, or the commissioner's designee; provided, that the commissioner of correction, or the commissioner's designee, shall not cast a vote unless a vote taken by other board members results in a tie, in which case the commissioner of correction, or the commissioner's designee, shall cast the deciding vote. All board members, other than the commissioner of correction or the commissioner's designee, shall be citizens and residents of this state.
(c) Board members shall have the following qualifications: (1) At least one (1) member shall be a person of eminence in the field of manufacturing, preferably with experience in management at the executive level; (2) At least one (1) member shall be a person of eminence in the field of labor, preferably having served as an official representing organized labor at the state level; (3) At least one (1) member shall be a person of eminence in the field of agriculture, preferably having a strong decentralized farm management background; (4) At least one (1) member shall be a person of eminence in fiscal management of a company or organization; (5) One (1) member shall be an attorney with a strong background in business or corporate law; (6) One (1) member shall be the executive director of the Tennessee state employees association; (7) The remaining members shall be persons with professional experience appropriate for assisting in carrying out the mission of TRICOR, in disciplines such as sales and marketing and human resources and relations; and (8) In making appointments to the board, the governor shall ensure that at least one (1) person appointed to serve on the board is a member of a racial minority and at least one (1) person appointed to the board is a female.
(1) At least one (1) member shall be a person of eminence in the field of manufacturing, preferably with experience in management at the executive level;
(2) At least one (1) member shall be a person of eminence in the field of labor, preferably having served as an official representing organized labor at the state level;
(3) At least one (1) member shall be a person of eminence in the field of agriculture, preferably having a strong decentralized farm management background;
(4) At least one (1) member shall be a person of eminence in fiscal management of a company or organization;
(5) One (1) member shall be an attorney with a strong background in business or corporate law;
(6) One (1) member shall be the executive director of the Tennessee state employees association;
(7) The remaining members shall be persons with professional experience appropriate for assisting in carrying out the mission of TRICOR, in disciplines such as sales and marketing and human resources and relations; and
(8) In making appointments to the board, the governor shall ensure that at least one (1) person appointed to serve on the board is a member of a racial minority and at least one (1) person appointed to the board is a female.
(d) In making initial appointments to the board, two (2) members shall be appointed to terms of one (1) year, two (2) members shall be appointed to terms of two (2) years, two (2) members shall be appointed to terms of three (3) years, and two (2) members shall be appointed to terms of four (4) years. Thereafter, all appointments shall be for terms of four (4) years. A vacancy occurring in the board shall be filled by the governor for the balance of the unexpired term. When a board member's term expires, the board may elect to have the incumbent continue to serve until a new appointment is made.
(e) The governor may remove a board member only for good cause and, in so doing, the governor shall submit in writing to the member and to the general assembly the basis for the removal.
Amended by 2021 Tenn. Acts, ch. 64, s 58, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 68, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 762, Secs.s 3, s 4 eff. 4/19/2016.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1994, ch. 737, § 1; 2003 , ch. 187, §§ 1, 3, 4, 13-15; 2011 , ch. 410, § 2(i).
Tenn. Code Ann. § 41-4-115 — TN Code / Title 41 / Chapter 4 / Section 41-4-115
Medical care of prisoners
Status: in_force

(a) The county legislative bodies alone have the power, and it is their duty, to provide medical care for all prisoners confined in the jail in their respective counties, except for federally or state funded medication for HIV positive patients pursuant to subsection (h). The county legislative bodies shall allow the county jail physician such compensation, to be paid by their respective counties, as may be fixed by the county legislative body agreed upon in writing between the county and the attending jail physician or as may be fixed by the county legislative body. (b) The state shall be liable for expenses incurred from emergency hospitalization and medical treatment rendered to any state prisoner incarcerated in a county jail or workhouse; provided, that the prisoner is admitted to the hospital. The sheriff of the county in which the state prisoner is incarcerated shall file a petition with the criminal court committing the state prisoner to the county jail or workhouse attaching to the petition a copy of the hospital bills of costs for the state prisoner. It is the duty of the court committing the state prisoner to the county jail or workhouse to examine bills of costs, and if the costs are proved, the court shall certify the fact thereon and forward a copy to the judicial cost accountant. The expenses for emergency hospitalization or medical treatment shall be paid in the same manner as court costs. Claims for incidents occurring after March 1, 1977, shall be reimbursed if otherwise authorized by this subsection (b). (c) The state shall be responsible for the transportation costs and cost of any guard necessary upon a state prisoner's admission to a hospital or required follow-up treatment. Reimbursement shall be made according to the procedures established by § 41-8-106 , but shall be in addition to the per diem established in § 41-8-106 . (d) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate in the jail or workhouse a co-pay amount for any medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider provided to the inmate by the county or municipality. The county or municipality adopting the co-pay plan shall establish the amount the inmate is required to pay for each service provided. Nothing in this subsection (d) shall be construed as authorizing a county or municipality to deny medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider to an inmate who cannot pay the co-pay amount established by the plan. (e) If an inmate cannot pay the co-pay amount established by a plan adopted pursuant to subsection (d), the plan may authorize the jail or workhouse administrator to deduct the co-pay amount from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. (f) Notwithstanding any other law to the contrary, a plan established pursuant to subsection (d) may also authorize the jail or workhouse administrator to seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization or pharmacy services to an inmate incarcerated in the jail or workhouse from an insurance company, health care corporation, TennCare or other source, if the inmate is covered by an insurance policy, TennCare or subscribes to a health care corporation or other source for those expenses. (g) No claim against the state for payment of expenses under this section shall be paid unless the claim is submitted to the department of correction within six (6) months from the date the services were provided. (h) Notwithstanding subsection (a), subject to the availability of federal or state funds and the satisfaction of requirements for use of such federal or state funds, the department of health may use federal or state funding for the payment of medication for inmates who are HIV positive. (i) Notwithstanding this section to the contrary, whenever an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive, the sheriff or the sheriff's designee shall investigate and determine whether the inmate previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare. Upon finding evidence that the inmate previously received such medication, or payments for the medication, from the state or through a state program, excluding the Ryan White HIV/AIDS program administered by the department of health, the sheriff or sheriff's designee shall notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates. The state department, agency, or program, including TennCare, but excluding the Ryan White HIV/AIDS program, that previously administered the treatment for the condition is liable for and shall pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through the state department, agency, or program, including TennCare. The state may use federal funding to pay the medication expenses. (j) Notwithstanding this section to the contrary, when an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive and the inmate was participating in the Ryan White HIV/AIDS program immediately prior to incarceration, the sheriff or sheriffs designee may transport the inmate to the location of the healthcare provider that was treating the patient immediately prior to incarceration for HIV treatment under the Ryan White HIV/AIDS program. Such healthcare provider shall continue HIV treatment for the inmate for the duration of the inmate's incarceration in a county jail or workhouse. The healthcare provider may treat the inmate via telemedicine upon request. (k) The following programs and plans shall not be liable for or required to pay expenses for HIV medication for an inmate unless the inmate is a currently enrolled member of such program or plan: (1) TennCare program, established under title 71, chapter 5; or (2) CoverKids program, established under title 71, chapter 3, part 11. (l) Subsection (i) does not apply to a state-sponsored health insurance plan issued under title 8, chapter 27, part 2, 3, or 7. Such state-sponsored health insurance plans must provide prescription medication coverage to an enrolled member according to the terms of the applicable health plan. Amended by 2024 Tenn. Acts, ch. 999,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 469, s 2, eff. 5/17/2023. Amended by 2023 Tenn. Acts, ch. 469, s 1, eff. 5/17/2023. Acts 1877, ch. 160, § 1; 1885, ch. 95, § 5; Shan., § 7440; Code 1932, § 12046; Acts 1978, ch. 901, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1115; Acts 1985 (1st Ex. Sess.), ch. 5, § 56; 1996, ch. 850, § 1; 2004, ch. 695, §1; 2014 , ch. 582, § 2.
(a) The county legislative bodies alone have the power, and it is their duty, to provide medical care for all prisoners confined in the jail in their respective counties, except for federally or state funded medication for HIV positive patients pursuant to subsection (h). The county legislative bodies shall allow the county jail physician such compensation, to be paid by their respective counties, as may be fixed by the county legislative body agreed upon in writing between the county and the attending jail physician or as may be fixed by the county legislative body.
(b) The state shall be liable for expenses incurred from emergency hospitalization and medical treatment rendered to any state prisoner incarcerated in a county jail or workhouse; provided, that the prisoner is admitted to the hospital. The sheriff of the county in which the state prisoner is incarcerated shall file a petition with the criminal court committing the state prisoner to the county jail or workhouse attaching to the petition a copy of the hospital bills of costs for the state prisoner. It is the duty of the court committing the state prisoner to the county jail or workhouse to examine bills of costs, and if the costs are proved, the court shall certify the fact thereon and forward a copy to the judicial cost accountant. The expenses for emergency hospitalization or medical treatment shall be paid in the same manner as court costs. Claims for incidents occurring after March 1, 1977, shall be reimbursed if otherwise authorized by this subsection (b).
(c) The state shall be responsible for the transportation costs and cost of any guard necessary upon a state prisoner's admission to a hospital or required follow-up treatment. Reimbursement shall be made according to the procedures established by § 41-8-106 , but shall be in addition to the per diem established in § 41-8-106 .
(d) Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate in the jail or workhouse a co-pay amount for any medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider provided to the inmate by the county or municipality. The county or municipality adopting the co-pay plan shall establish the amount the inmate is required to pay for each service provided. Nothing in this subsection (d) shall be construed as authorizing a county or municipality to deny medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider to an inmate who cannot pay the co-pay amount established by the plan.
(e) If an inmate cannot pay the co-pay amount established by a plan adopted pursuant to subsection (d), the plan may authorize the jail or workhouse administrator to deduct the co-pay amount from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated.
(f) Notwithstanding any other law to the contrary, a plan established pursuant to subsection (d) may also authorize the jail or workhouse administrator to seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization or pharmacy services to an inmate incarcerated in the jail or workhouse from an insurance company, health care corporation, TennCare or other source, if the inmate is covered by an insurance policy, TennCare or subscribes to a health care corporation or other source for those expenses.
(g) No claim against the state for payment of expenses under this section shall be paid unless the claim is submitted to the department of correction within six (6) months from the date the services were provided.
(h) Notwithstanding subsection (a), subject to the availability of federal or state funds and the satisfaction of requirements for use of such federal or state funds, the department of health may use federal or state funding for the payment of medication for inmates who are HIV positive.
(i) Notwithstanding this section to the contrary, whenever an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive, the sheriff or the sheriff's designee shall investigate and determine whether the inmate previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare. Upon finding evidence that the inmate previously received such medication, or payments for the medication, from the state or through a state program, excluding the Ryan White HIV/AIDS program administered by the department of health, the sheriff or sheriff's designee shall notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates. The state department, agency, or program, including TennCare, but excluding the Ryan White HIV/AIDS program, that previously administered the treatment for the condition is liable for and shall pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through the state department, agency, or program, including TennCare. The state may use federal funding to pay the medication expenses.
(j) Notwithstanding this section to the contrary, when an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive and the inmate was participating in the Ryan White HIV/AIDS program immediately prior to incarceration, the sheriff or sheriffs designee may transport the inmate to the location of the healthcare provider that was treating the patient immediately prior to incarceration for HIV treatment under the Ryan White HIV/AIDS program. Such healthcare provider shall continue HIV treatment for the inmate for the duration of the inmate's incarceration in a county jail or workhouse. The healthcare provider may treat the inmate via telemedicine upon request.
(k) The following programs and plans shall not be liable for or required to pay expenses for HIV medication for an inmate unless the inmate is a currently enrolled member of such program or plan: (1) TennCare program, established under title 71, chapter 5; or (2) CoverKids program, established under title 71, chapter 3, part 11.
(1) TennCare program, established under title 71, chapter 5; or
(2) CoverKids program, established under title 71, chapter 3, part 11.
(l) Subsection (i) does not apply to a state-sponsored health insurance plan issued under title 8, chapter 27, part 2, 3, or 7. Such state-sponsored health insurance plans must provide prescription medication coverage to an enrolled member according to the terms of the applicable health plan.
Amended by 2024 Tenn. Acts, ch. 999,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 469, s 2, eff. 5/17/2023.
Amended by 2023 Tenn. Acts, ch. 469, s 1, eff. 5/17/2023.
Acts 1877, ch. 160, § 1; 1885, ch. 95, § 5; Shan., § 7440; Code 1932, § 12046; Acts 1978, ch. 901, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1115; Acts 1985 (1st Ex. Sess.), ch. 5, § 56; 1996, ch. 850, § 1; 2004, ch. 695, §1; 2014 , ch. 582, § 2.
Tenn. Code Ann. § 41-9-204 — TN Code / Title 41 / Chapter 9 / Section 41-9-204
Liability for injury or damages
Status: in_force

(a) No charitable organization, municipality, county or political subdivision thereof authorized by § 41-9-102 to utilize probationer labor pursuant to this chapter shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for that organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer. (b) (1) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for the acts of any probationer while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer. (2) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any probationer or a probationer's family for death or injuries received while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer. Acts 1986, ch. 742, § 1.
(a) No charitable organization, municipality, county or political subdivision thereof authorized by § 41-9-102 to utilize probationer labor pursuant to this chapter shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for that organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
(b) (1) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for the acts of any probationer while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer. (2) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any probationer or a probationer's family for death or injuries received while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
(1) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for the acts of any probationer while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
(2) No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any probationer or a probationer's family for death or injuries received while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
Acts 1986, ch. 742, § 1.
Tenn. Code Ann. § 41-21-910 — TN Code / Title 41 / Chapter 21 / Section 41-21-910
Interagency cooperation to ensure child support obligations met
Status: in_force

The department of correction, the attorney general and reporter, district attorneys general, the department of human services, and the department of labor and workforce development shall all cooperate and share information to the extent not prohibited by law concerning assets, workers' compensation settlements, and child support obligations of inmates in order that, to the maximum extent feasible, inmates should satisfy existing child support obligations, including arrearages, before the state receives reimbursement, including the costs of any investigations, pursuant to this part. Acts 1998, ch. 992, § 12; 1999, ch. 520, § 39.
The department of correction, the attorney general and reporter, district attorneys general, the department of human services, and the department of labor and workforce development shall all cooperate and share information to the extent not prohibited by law concerning assets, workers' compensation settlements, and child support obligations of inmates in order that, to the maximum extent feasible, inmates should satisfy existing child support obligations, including arrearages, before the state receives reimbursement, including the costs of any investigations, pursuant to this part.
Acts 1998, ch. 992, § 12; 1999, ch. 520, § 39.
Tenn. Code Ann. § 41-23-102 — TN Code / Title 41 / Chapter 23 / Section 41-23-102
Interstate corrections compact
Status: in_force

The interstate corrections compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: Article 1. Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. Article 2. Definitions As used in this compact, unless the context clearly requires otherwise: (a) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution; (b) "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (a) may lawfully be confined; (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had; (d) "Sending state" means a state party to this compact in which conviction or court commitment was had; and (e) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Article 3. Contracts (a) Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration; (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; (4) Delivery and retaking of inmates; and (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article 4. Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such officials may direct that the confinement be within an institution within such territory of the other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article 3. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify the record to the official designated by the sending state, in order that each inmate may have official review of such inmate's record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Such record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection (f), the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate, shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Article 5. Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. Article 6. Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor. Article 7. Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state. Article 8. Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. Article 9. Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. Article 10. Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1973, ch. 32, §§ 2-12; T.C.A., § 41-1902.
The interstate corrections compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:
Article 1. Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
Article 2. Definitions As used in this compact, unless the context clearly requires otherwise: (a) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution; (b) "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (a) may lawfully be confined; (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had; (d) "Sending state" means a state party to this compact in which conviction or court commitment was had; and (e) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
As used in this compact, unless the context clearly requires otherwise:
(a) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution;
(b) "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (a) may lawfully be confined;
(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had;
(d) "Sending state" means a state party to this compact in which conviction or court commitment was had; and
(e) "State" means a state of the United States, the United States, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article 3. Contracts (a) Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration; (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; (4) Delivery and retaking of inmates; and (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
(a) Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration; (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; (4) Delivery and retaking of inmates; and (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(1) Its duration;
(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;
(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
(4) Delivery and retaking of inmates; and
(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
Article 4. Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such officials may direct that the confinement be within an institution within such territory of the other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article 3. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify the record to the official designated by the sending state, in order that each inmate may have official review of such inmate's record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Such record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection (f), the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate, shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such officials may direct that the confinement be within an institution within such territory of the other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article 3.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify the record to the official designated by the sending state, in order that each inmate may have official review of such inmate's record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Such record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection (f), the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate, shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
Article 5. Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
Article 6. Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.
Article 7. Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state.
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state.
Article 8. Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
Article 9. Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Article 10. Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1973, ch. 32, §§ 2-12; T.C.A., § 41-1902.
Tenn. Code Ann. § 41-10-104 — TN Code / Title 41 / Chapter 10 / Section 41-10-104
Meals - Travel expenses - Use of state vehicles
Status: in_force

(a) Meals may be furnished without charge to volunteers if the scheduled volunteer assignment extends over an established meal period. (b) Travel expenses may be reimbursed to those volunteers whose volunteer assignment requires them to use their own vehicle or to be away from home in accordance with state travel regulations. (c) Volunteers may use state vehicles when their assignments so require, subject to the approval of the department and compliance with any rules or regulations that may be promulgated by the department. Acts 1985, ch. 267, § 1; 1989, ch. 566, § 1.
(a) Meals may be furnished without charge to volunteers if the scheduled volunteer assignment extends over an established meal period.
(b) Travel expenses may be reimbursed to those volunteers whose volunteer assignment requires them to use their own vehicle or to be away from home in accordance with state travel regulations.
(c) Volunteers may use state vehicles when their assignments so require, subject to the approval of the department and compliance with any rules or regulations that may be promulgated by the department.
Acts 1985, ch. 267, § 1; 1989, ch. 566, § 1.
Tenn. Code Ann. § 41-22-203 — TN Code / Title 41 / Chapter 22 / Section 41-22-203
Interdepartmental compensation
Status: in_force

(a) The commissioner of transportation shall pay the commissioner of correction for the use of inmates employed under §§ 41-22-201 - 41-22-204 out of the highway fund or any other fund under the commissioner of transportation's control. The commissioner of correction shall in turn, except as provided in this part, pay the moneys so received into the state treasury, where they shall be credited to the department of correction. (b) The rate of pay shall not exceed the department of correction expenditures necessary to enable such inmates to perform the contracted labor while ensuring adequate security, plus an additional amount to be determined by the commissioners of correction and transportation for the purpose of funding § 41-22-204, but not to exceed ten percent (10%) of the amount paid by the department of transportation to the department of correction. Acts 1981, ch. 378, § 1; T.C.A., § 41-503.
(a) The commissioner of transportation shall pay the commissioner of correction for the use of inmates employed under §§ 41-22-201 - 41-22-204 out of the highway fund or any other fund under the commissioner of transportation's control. The commissioner of correction shall in turn, except as provided in this part, pay the moneys so received into the state treasury, where they shall be credited to the department of correction.
(b) The rate of pay shall not exceed the department of correction expenditures necessary to enable such inmates to perform the contracted labor while ensuring adequate security, plus an additional amount to be determined by the commissioners of correction and transportation for the purpose of funding § 41-22-204, but not to exceed ten percent (10%) of the amount paid by the department of transportation to the department of correction.
Acts 1981, ch. 378, § 1; T.C.A., § 41-503.
Tenn. Code Ann. § 41-8-116 — TN Code / Title 41 / Chapter 8 / Section 41-8-116
Title 9, chapter 9 applicable to this chapter
Status: in_force

(a) The issuance and payment of bonds and bond anticipation notes and the administration of funds for the purpose of this chapter shall be in accordance with title 9, chapter 9. (b) It is the legislative intent that all bonds and bond anticipation notes issued pursuant to this chapter are also to be considered as issued under title 9, chapter 9. Acts 1981, ch. 491, § 16; T.C.A., § 41-10-116.
(a) The issuance and payment of bonds and bond anticipation notes and the administration of funds for the purpose of this chapter shall be in accordance with title 9, chapter 9.
(b) It is the legislative intent that all bonds and bond anticipation notes issued pursuant to this chapter are also to be considered as issued under title 9, chapter 9.
Acts 1981, ch. 491, § 16; T.C.A., § 41-10-116.
Tenn. Code Ann. § 41-8-110 — TN Code / Title 41 / Chapter 8 / Section 41-8-110
State funding board authorized to issue bonds and notes - Counties to submit financing agreements and contracts
Status: in_force

(a) For the purpose of providing moneys to assist approved applicant counties in financing capital improvements of correctional facilities, the state funding board, in addition to the powers otherwise granted by law, has the power and is authorized to issue from time to time direct general obligation interest-bearing bonds and bond anticipation notes in such principal amounts as may from time to time be authorized by law. (b) Loans or grants authorized in accordance with § 41-8-109 shall be made from the proceeds of the bonds or notes to an approved applicant county in the county correctional incentive program. The board shall require the county to submit a financing agreement that includes provisions for the payment of the cost of constructing, acquiring, reconstructing, improving, equipping or furnishing any county correctional facility, including the payment of engineering, fiscal, architectural and legal expenses incurred in connection with the facility and the issuance of the bonds or notes, and shall require the county to execute a contract specifying, among other things, the repayment terms and the project to be funded. Acts 1981, ch. 491, § 10; T.C.A., § 41-10-110.
(a) For the purpose of providing moneys to assist approved applicant counties in financing capital improvements of correctional facilities, the state funding board, in addition to the powers otherwise granted by law, has the power and is authorized to issue from time to time direct general obligation interest-bearing bonds and bond anticipation notes in such principal amounts as may from time to time be authorized by law.
(b) Loans or grants authorized in accordance with § 41-8-109 shall be made from the proceeds of the bonds or notes to an approved applicant county in the county correctional incentive program. The board shall require the county to submit a financing agreement that includes provisions for the payment of the cost of constructing, acquiring, reconstructing, improving, equipping or furnishing any county correctional facility, including the payment of engineering, fiscal, architectural and legal expenses incurred in connection with the facility and the issuance of the bonds or notes, and shall require the county to execute a contract specifying, among other things, the repayment terms and the project to be funded.
Acts 1981, ch. 491, § 10; T.C.A., § 41-10-110.
Tenn. Code Ann. § 41-4-140 — TN Code / Title 41 / Chapter 4 / Section 41-4-140
Standards prescribed by the Tennessee corrections institute
Status: in_force

(a) The Tennessee corrections institute has the power and duty to: (1) Establish minimum standards for local jails, lock-ups and workhouses, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates and standards for the safekeeping, health and welfare of inmates. The standards shall be established by the Tennessee corrections institute and shall approximate, insofar as possible, those standards established by the inspector of jails, federal bureau of prisons, and by the American Correctional Association's Manual of Correctional Standards, or such other similar publications as the institute deems necessary; (2) Establish guidelines for the security of local jails, lock-ups and workhouses for the purpose of protecting the public from criminals and suspected criminals by making the facilities more secure and thereby reducing the chances that a member of the public or a facility employee will be killed or injured during an escape attempt or while an inmate is fleeing from law enforcement officials following an escape; (3) Inspect all local jails, lock-ups, workhouses and detention facilities at least once a year and publish the results of the inspections. Inspections shall be based on the established standards mentioned in subdivision (a)(1); (4) Inspect local jails, lock-ups, and workhouses to determine whether a county merits tier 1 or tier 2 accreditation by the Tennessee corrections institute pursuant to § 41-8-106(i) and report such determination to the department of correction; and (5) Have full authority to establish and enforce procedures to ensure compliance with the standards set out in subdivision (a)(1) so as to ensure the welfare of all persons committed to the institutions. Failure on the part of the county, municipality or political subdivision to maintain standards established under this section shall be reported by the board of control of the institute to the commissioner of correction, sheriff, judge, mayor or head of the political subdivision, as appropriate, in which the jail or penal institution is located. This report shall specify deficiencies and departures from the standards and order their correction. At the request of the commissioner, the institute may assist the department of correction in establishing standards for state institutions similar to the standards provided for in subdivision (a)(1). (b) (1) If, after inspection of a local correctional facility as provided in subdivision (a)(3), the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days for the purpose of making such improvements as are necessary to bring the facility into compliance with the minimum standards. During the period of extension, the facility shall maintain the same certification status as it had prior to the most recent inspection. No additional extensions may be granted, and the certification status given a facility upon reinspection shall be the facility's status until the next annual inspection. (2) No local correctional facility shall be denied a certificate of compliance with the minimum standards for the sole purpose of calculating the level of reimbursement upon the certified or not certified determination, if the sole cause is based on overcrowding because of prisoners sentenced to the department whose commitments are delayed pursuant to chapter 1, part 5 of this title, or pursuant to a federal court order when such prisoners are being held by a county pending such commitment. (c) (1) The minimum standards established pursuant to subsection (a) shall also apply to any jail, lock-up or workhouse used for the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense that is owned or operated in this state by a private person or corporation. (2) The institute also has the duty to inspect, at least once a year, all the private jails, lock-ups and workhouses operating in this state that hold prisoners of any Tennessee jurisdiction in the same manner as is provided in subsection (a). (3) If, after inspection of a private correctional facility as provided in this section, the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days. If the facility is still not in compliance with the applicable standards, the operators of the facility shall be in violation of this section. (4) It is a Class A misdemeanor to operate a private correctional facility in violation of this section. If the operator of a private correctional facility is convicted of violating this subsection (c) and the owner of the facility is a person or corporation other than the operator, the owner shall be prohibited from holding any interest in a company or corporation that is engaged in this state in the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense for a period of two (2) years. (5) This section shall not apply to a private correctional facility operated pursuant to chapter 24 of this title, nor to a contract with a political subdivision of the state. (d) No local currently certified facility shall be decertified if the local government has submitted a plan within sixty (60) days of the initial annual inspection that is reasonably expected to eliminate fixed ratio deficiencies in that facility and cause that facility to remain certified. (e) The total number of prisoners awaiting transfer to the department penal system shall be discounted from any computations used to determine compliance with standards used by the institute if the governor has invoked the power of delayed intake pursuant to § 41-1-504(a)(2) , or a federal or state court has delayed intake into the department penal system, or both such events. (f) (1) Notwithstanding subsection (a), any local correctional facility: (A) Shall meet the square footage requirements for single-occupancy or multi-occupancy cells contained in the minimum standards required by the Tennessee corrections institute that were in effect at the time of the construction of the facility; or (B) May elect to conform to a more recent minimum standards required by the American Correctional Association in order to accommodate a larger inmate population. (2) A local correctional facility constructed before the effective date of any minimum standards required by the Tennessee corrections institute shall be exempt from the square footage requirements described in this subsection (f), unless the exemption poses a serious life, safety, or security hazard as determined by the board of control of the Tennessee corrections institute. Amended by 2021 Tenn. Acts, ch. 410, s 19, eff. 5/12/2021. Amended by 2014 Tenn. Acts, ch. 535, s 1, eff. 3/12/2014. Acts 1973, ch. 191, § 1; impl. am. Acts 1978, ch. 934, §§16, 36; 1980, ch. 913, §§ 2-6; T.C.A., § 41-1144; Acts 1984, ch. 938, §§ 11-13; 1985, ch. 161, § 1; 1987, ch. 258, §1; 1989, ch. 477, §§ 1-3; 1989, ch. 591, §§ 1, 6; 1991, ch. 300, § 1; 1995, ch. 487, § 2; 1996, ch. 1079, §§128-131; 2009 , ch. 242, § 1.
(a) The Tennessee corrections institute has the power and duty to: (1) Establish minimum standards for local jails, lock-ups and workhouses, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates and standards for the safekeeping, health and welfare of inmates. The standards shall be established by the Tennessee corrections institute and shall approximate, insofar as possible, those standards established by the inspector of jails, federal bureau of prisons, and by the American Correctional Association's Manual of Correctional Standards, or such other similar publications as the institute deems necessary; (2) Establish guidelines for the security of local jails, lock-ups and workhouses for the purpose of protecting the public from criminals and suspected criminals by making the facilities more secure and thereby reducing the chances that a member of the public or a facility employee will be killed or injured during an escape attempt or while an inmate is fleeing from law enforcement officials following an escape; (3) Inspect all local jails, lock-ups, workhouses and detention facilities at least once a year and publish the results of the inspections. Inspections shall be based on the established standards mentioned in subdivision (a)(1); (4) Inspect local jails, lock-ups, and workhouses to determine whether a county merits tier 1 or tier 2 accreditation by the Tennessee corrections institute pursuant to § 41-8-106(i) and report such determination to the department of correction; and (5) Have full authority to establish and enforce procedures to ensure compliance with the standards set out in subdivision (a)(1) so as to ensure the welfare of all persons committed to the institutions. Failure on the part of the county, municipality or political subdivision to maintain standards established under this section shall be reported by the board of control of the institute to the commissioner of correction, sheriff, judge, mayor or head of the political subdivision, as appropriate, in which the jail or penal institution is located. This report shall specify deficiencies and departures from the standards and order their correction. At the request of the commissioner, the institute may assist the department of correction in establishing standards for state institutions similar to the standards provided for in subdivision (a)(1).
(1) Establish minimum standards for local jails, lock-ups and workhouses, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates and standards for the safekeeping, health and welfare of inmates. The standards shall be established by the Tennessee corrections institute and shall approximate, insofar as possible, those standards established by the inspector of jails, federal bureau of prisons, and by the American Correctional Association's Manual of Correctional Standards, or such other similar publications as the institute deems necessary;
(2) Establish guidelines for the security of local jails, lock-ups and workhouses for the purpose of protecting the public from criminals and suspected criminals by making the facilities more secure and thereby reducing the chances that a member of the public or a facility employee will be killed or injured during an escape attempt or while an inmate is fleeing from law enforcement officials following an escape;
(3) Inspect all local jails, lock-ups, workhouses and detention facilities at least once a year and publish the results of the inspections. Inspections shall be based on the established standards mentioned in subdivision (a)(1);
(4) Inspect local jails, lock-ups, and workhouses to determine whether a county merits tier 1 or tier 2 accreditation by the Tennessee corrections institute pursuant to § 41-8-106(i) and report such determination to the department of correction; and
(5) Have full authority to establish and enforce procedures to ensure compliance with the standards set out in subdivision (a)(1) so as to ensure the welfare of all persons committed to the institutions. Failure on the part of the county, municipality or political subdivision to maintain standards established under this section shall be reported by the board of control of the institute to the commissioner of correction, sheriff, judge, mayor or head of the political subdivision, as appropriate, in which the jail or penal institution is located. This report shall specify deficiencies and departures from the standards and order their correction. At the request of the commissioner, the institute may assist the department of correction in establishing standards for state institutions similar to the standards provided for in subdivision (a)(1).
(b) (1) If, after inspection of a local correctional facility as provided in subdivision (a)(3), the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days for the purpose of making such improvements as are necessary to bring the facility into compliance with the minimum standards. During the period of extension, the facility shall maintain the same certification status as it had prior to the most recent inspection. No additional extensions may be granted, and the certification status given a facility upon reinspection shall be the facility's status until the next annual inspection. (2) No local correctional facility shall be denied a certificate of compliance with the minimum standards for the sole purpose of calculating the level of reimbursement upon the certified or not certified determination, if the sole cause is based on overcrowding because of prisoners sentenced to the department whose commitments are delayed pursuant to chapter 1, part 5 of this title, or pursuant to a federal court order when such prisoners are being held by a county pending such commitment.
(1) If, after inspection of a local correctional facility as provided in subdivision (a)(3), the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days for the purpose of making such improvements as are necessary to bring the facility into compliance with the minimum standards. During the period of extension, the facility shall maintain the same certification status as it had prior to the most recent inspection. No additional extensions may be granted, and the certification status given a facility upon reinspection shall be the facility's status until the next annual inspection.
(2) No local correctional facility shall be denied a certificate of compliance with the minimum standards for the sole purpose of calculating the level of reimbursement upon the certified or not certified determination, if the sole cause is based on overcrowding because of prisoners sentenced to the department whose commitments are delayed pursuant to chapter 1, part 5 of this title, or pursuant to a federal court order when such prisoners are being held by a county pending such commitment.
(c) (1) The minimum standards established pursuant to subsection (a) shall also apply to any jail, lock-up or workhouse used for the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense that is owned or operated in this state by a private person or corporation. (2) The institute also has the duty to inspect, at least once a year, all the private jails, lock-ups and workhouses operating in this state that hold prisoners of any Tennessee jurisdiction in the same manner as is provided in subsection (a). (3) If, after inspection of a private correctional facility as provided in this section, the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days. If the facility is still not in compliance with the applicable standards, the operators of the facility shall be in violation of this section. (4) It is a Class A misdemeanor to operate a private correctional facility in violation of this section. If the operator of a private correctional facility is convicted of violating this subsection (c) and the owner of the facility is a person or corporation other than the operator, the owner shall be prohibited from holding any interest in a company or corporation that is engaged in this state in the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense for a period of two (2) years. (5) This section shall not apply to a private correctional facility operated pursuant to chapter 24 of this title, nor to a contract with a political subdivision of the state.
(1) The minimum standards established pursuant to subsection (a) shall also apply to any jail, lock-up or workhouse used for the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense that is owned or operated in this state by a private person or corporation.
(2) The institute also has the duty to inspect, at least once a year, all the private jails, lock-ups and workhouses operating in this state that hold prisoners of any Tennessee jurisdiction in the same manner as is provided in subsection (a).
(3) If, after inspection of a private correctional facility as provided in this section, the facility is determined not to be in compliance with the minimum standards, the board of control or any of its authorized staff may grant the facility an extension not to exceed sixty (60) days. If the facility is still not in compliance with the applicable standards, the operators of the facility shall be in violation of this section.
(4) It is a Class A misdemeanor to operate a private correctional facility in violation of this section. If the operator of a private correctional facility is convicted of violating this subsection (c) and the owner of the facility is a person or corporation other than the operator, the owner shall be prohibited from holding any interest in a company or corporation that is engaged in this state in the temporary housing or the incarceration of persons convicted or accused of a state or federal criminal offense for a period of two (2) years.
(5) This section shall not apply to a private correctional facility operated pursuant to chapter 24 of this title, nor to a contract with a political subdivision of the state.
(d) No local currently certified facility shall be decertified if the local government has submitted a plan within sixty (60) days of the initial annual inspection that is reasonably expected to eliminate fixed ratio deficiencies in that facility and cause that facility to remain certified.
(e) The total number of prisoners awaiting transfer to the department penal system shall be discounted from any computations used to determine compliance with standards used by the institute if the governor has invoked the power of delayed intake pursuant to § 41-1-504(a)(2) , or a federal or state court has delayed intake into the department penal system, or both such events.
(f) (1) Notwithstanding subsection (a), any local correctional facility: (A) Shall meet the square footage requirements for single-occupancy or multi-occupancy cells contained in the minimum standards required by the Tennessee corrections institute that were in effect at the time of the construction of the facility; or (B) May elect to conform to a more recent minimum standards required by the American Correctional Association in order to accommodate a larger inmate population. (2) A local correctional facility constructed before the effective date of any minimum standards required by the Tennessee corrections institute shall be exempt from the square footage requirements described in this subsection (f), unless the exemption poses a serious life, safety, or security hazard as determined by the board of control of the Tennessee corrections institute.
(1) Notwithstanding subsection (a), any local correctional facility: (A) Shall meet the square footage requirements for single-occupancy or multi-occupancy cells contained in the minimum standards required by the Tennessee corrections institute that were in effect at the time of the construction of the facility; or (B) May elect to conform to a more recent minimum standards required by the American Correctional Association in order to accommodate a larger inmate population.
(A) Shall meet the square footage requirements for single-occupancy or multi-occupancy cells contained in the minimum standards required by the Tennessee corrections institute that were in effect at the time of the construction of the facility; or
(B) May elect to conform to a more recent minimum standards required by the American Correctional Association in order to accommodate a larger inmate population.
(2) A local correctional facility constructed before the effective date of any minimum standards required by the Tennessee corrections institute shall be exempt from the square footage requirements described in this subsection (f), unless the exemption poses a serious life, safety, or security hazard as determined by the board of control of the Tennessee corrections institute.
Amended by 2021 Tenn. Acts, ch. 410, s 19, eff. 5/12/2021.
Amended by 2014 Tenn. Acts, ch. 535, s 1, eff. 3/12/2014.
Acts 1973, ch. 191, § 1; impl. am. Acts 1978, ch. 934, §§16, 36; 1980, ch. 913, §§ 2-6; T.C.A., § 41-1144; Acts 1984, ch. 938, §§ 11-13; 1985, ch. 161, § 1; 1987, ch. 258, §1; 1989, ch. 477, §§ 1-3; 1989, ch. 591, §§ 1, 6; 1991, ch. 300, § 1; 1995, ch. 487, § 2; 1996, ch. 1079, §§128-131; 2009 , ch. 242, § 1.
Tenn. Code Ann. § 41-4-112 — TN Code / Title 41 / Chapter 4 / Section 41-4-112
Keys kept at jail
Status: in_force

It is the duty of the sheriff, where the jail is not fireproof, and so long as any person is confined in the jail, to be constantly at the jail or to have constantly at the jail someone having in possession all keys necessary to liberate all of the prisoners in the jail in case of fire. Acts 1897, ch. 66, § 1; Shan., § 7440a1; Code 1932, § 12047; T.C.A. (orig. ed.), § 41-1112.
It is the duty of the sheriff, where the jail is not fireproof, and so long as any person is confined in the jail, to be constantly at the jail or to have constantly at the jail someone having in possession all keys necessary to liberate all of the prisoners in the jail in case of fire.
Acts 1897, ch. 66, § 1; Shan., § 7440a1; Code 1932, § 12047; T.C.A. (orig. ed.), § 41-1112.
Tenn. Code Ann. § 41-24-107 — TN Code / Title 41 / Chapter 24 / Section 41-24-107
Financial information from contractor - Insurance requirements - Sovereign immunity
Status: in_force

(a) Notwithstanding any other provision of this chapter to the contrary, no contract for correctional services as defined in § 41-24-102(2)(F) , shall be entered into unless the following requirements are met: (1) The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and (2) The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether: (A) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract; (B) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis; (C) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and (D) The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm. (b) The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract. Acts 1986, ch. 932, § 7.
(a) Notwithstanding any other provision of this chapter to the contrary, no contract for correctional services as defined in § 41-24-102(2)(F) , shall be entered into unless the following requirements are met: (1) The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and (2) The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether: (A) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract; (B) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis; (C) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and (D) The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.
(1) The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and
(2) The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether: (A) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract; (B) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis; (C) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and (D) The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.
(A) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;
(B) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;
(C) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and
(D) The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.
(b) The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
Acts 1986, ch. 932, § 7.
Tenn. Code Ann. § 41-23-207 — TN Code / Title 41 / Chapter 23 / Section 41-23-207
Jurisdiction over liability for furloughed inmates
Status: in_force

(a) As provided for by the laws, rules, and regulations of the sending state, the inmate on furlough will at all times be subject to the jurisdiction of the appropriate officials and authorized persons of the sending state, who shall retain the powers over the inmates on furlough that they would normally exercise over the inmate were the inmate on intrastate furlough. (b) The authorized person of a sending state may at all times enter a receiving state and there apprehend and retake any person on furlough. For that purpose no formalities will be required other than establishing the authority of that person and the identity of the inmate on furlough to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of the state party hereto as to such persons. The decision of the sending state to retake a person on furlough shall be conclusive upon and not reviewable within the receiving state; provided, that if at the time when a state seeks to retake an inmate on furlough there should be pending against the inmate within the receiving state any criminal charge, or should the inmate be suspected of having committed within that state a criminal offense, the inmate shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for the offense. (c) The authorized person of the sending state or the receiving state acting as agent for the sending state will be permitted to transport inmates being retaken through any or all states party to this compact without interference. (d) The governor of each state may designate an officer who, acting jointly with like officers of other party states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (e) Appropriate officials and authorized persons of the receiving state shall act solely as agents of the sending state with respect to jurisdiction over and liability for the inmates on furlough. The jurisdiction and liability of the sending and receiving states may be subject to further contractual specifications by the sending and receiving states as may be deemed necessary. (f) The receiving state shall, upon a furlough violation of which it has knowledge, promptly notify the sending state. The notification should specify the nature of the violation and, if a crime has been committed, shall, whenever possible, give the official version of the act and the inmate on furlough's version of the act. If the grant of furlough is terminated due to the violation, the right and responsibility to retake the inmate on furlough shall be that of the sending state, but nothing contained herein shall prevent the receiving state from assisting the sending state toward retaking and returning the inmate on furlough, except in instances where the receiving state shall subject the inmate on furlough to confinement for a crime allegedly committed during the furlough within its boundaries. All costs in connection therewith shall be chargeable to the sending state unless costs arise from an escape from confinement in the receiving state. (g) In the case of an escape to a jurisdiction other than the sending or receiving state, the right and responsibility to retake the escapee shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee, except in instances where the receiving state shall subject the inmate on furlough to confinement for a crime allegedly committed during furlough within its boundaries. (h) The receiving state shall make all necessary arrangements to secure overnight lodging in a state, county, or municipal facility for escorted inmates on furlough or, in exceptional circumstances, for unescorted inmates on furlough when they would not have the availability of overnight lodging. Acts 1987, ch. 231, § 8.
(a) As provided for by the laws, rules, and regulations of the sending state, the inmate on furlough will at all times be subject to the jurisdiction of the appropriate officials and authorized persons of the sending state, who shall retain the powers over the inmates on furlough that they would normally exercise over the inmate were the inmate on intrastate furlough.
(b) The authorized person of a sending state may at all times enter a receiving state and there apprehend and retake any person on furlough. For that purpose no formalities will be required other than establishing the authority of that person and the identity of the inmate on furlough to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of the state party hereto as to such persons. The decision of the sending state to retake a person on furlough shall be conclusive upon and not reviewable within the receiving state; provided, that if at the time when a state seeks to retake an inmate on furlough there should be pending against the inmate within the receiving state any criminal charge, or should the inmate be suspected of having committed within that state a criminal offense, the inmate shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for the offense.
(c) The authorized person of the sending state or the receiving state acting as agent for the sending state will be permitted to transport inmates being retaken through any or all states party to this compact without interference.
(d) The governor of each state may designate an officer who, acting jointly with like officers of other party states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(e) Appropriate officials and authorized persons of the receiving state shall act solely as agents of the sending state with respect to jurisdiction over and liability for the inmates on furlough. The jurisdiction and liability of the sending and receiving states may be subject to further contractual specifications by the sending and receiving states as may be deemed necessary.
(f) The receiving state shall, upon a furlough violation of which it has knowledge, promptly notify the sending state. The notification should specify the nature of the violation and, if a crime has been committed, shall, whenever possible, give the official version of the act and the inmate on furlough's version of the act. If the grant of furlough is terminated due to the violation, the right and responsibility to retake the inmate on furlough shall be that of the sending state, but nothing contained herein shall prevent the receiving state from assisting the sending state toward retaking and returning the inmate on furlough, except in instances where the receiving state shall subject the inmate on furlough to confinement for a crime allegedly committed during the furlough within its boundaries. All costs in connection therewith shall be chargeable to the sending state unless costs arise from an escape from confinement in the receiving state.
(g) In the case of an escape to a jurisdiction other than the sending or receiving state, the right and responsibility to retake the escapee shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee, except in instances where the receiving state shall subject the inmate on furlough to confinement for a crime allegedly committed during furlough within its boundaries.
(h) The receiving state shall make all necessary arrangements to secure overnight lodging in a state, county, or municipal facility for escorted inmates on furlough or, in exceptional circumstances, for unescorted inmates on furlough when they would not have the availability of overnight lodging.
Acts 1987, ch. 231, § 8.
Tenn. Code Ann. § 41-10-105 — TN Code / Title 41 / Chapter 10 / Section 41-10-105
Community resource board established
Status: in_force

(a) There is established a Tennessee community resource board (TCRB) composed of seventeen (17) members. The speaker of the house of representatives shall appoint a member of the house of representatives to serve on the TCRB and the speaker of the senate shall appoint a member of the senate to serve on the TCRB. Members of the general assembly who serve on the TCRB shall receive no additional compensation for their services, but shall receive compensation for expenses pursuant to § 3-1-106 . The remaining members shall be appointed jointly by the commissioner and the chair. Five (5) members shall be appointed from each grand division of the state. Members shall serve terms of three (3) years. Members of the TCRB shall, upon expiration of their terms of office, be eligible for reappointment to successive terms. In making appointments to the board, the commissioner and the chair shall strive to ensure that at least one (1) person serving on the TCRB is sixty (60) years of age or older and that at least one (1) person serving on the TCRB is a member of a racial minority. Members shall have served in a volunteer capacity in corrections, in probation or parole, or in an academic environment in the field of criminal justice or other related field. Vacancies shall be filled by the TCRB; provided, that the person filling the vacancy shall receive the written approval of the commissioner and chair. (b) The TCRB shall serve both the department and the board. The purpose of the TCRB shall be to: (1) Coordinate with and assist the department and the board in developing and utilizing volunteer resources in assisting parolees, probationers and inmates in reintegrating into society as productive, law-abiding citizens; (2) Coordinate with and assist the department and the board in developing policies and procedures governing the utilization of volunteers; (3) Coordinate a network of local parole, probation and institutional community resource boards on matters of statewide impact; (4) Advise the department and the board on matters of public interest and concern; (5) Assist the department and the board in accomplishing their missions; (6) Review and recommend programs having statewide impact involving volunteers; and (7) Oversee projects when appropriate. (c) Local parole, probation and prison institution community resource boards may be established. The purpose of these local boards is to cooperate with local probation and parole offices and correctional institutions to: (1) Develop a program plan for utilizing volunteers; (2) Establish specific goals for utilizing volunteers; (3) Establish performance measures for determining that goals are met; and (4) Collect data on the cost of using volunteers and the cost benefits to the local office or institution. (d) Local volunteer resource boards shall report semiannually to the TCRB on their program plans, goals and performance measures. Acts 1985, ch. 267, § 1; 1989, ch. 278, § 76; 1991, ch. 160, § 7; 2000, ch. 987, § 4.
(a) There is established a Tennessee community resource board (TCRB) composed of seventeen (17) members. The speaker of the house of representatives shall appoint a member of the house of representatives to serve on the TCRB and the speaker of the senate shall appoint a member of the senate to serve on the TCRB. Members of the general assembly who serve on the TCRB shall receive no additional compensation for their services, but shall receive compensation for expenses pursuant to § 3-1-106 . The remaining members shall be appointed jointly by the commissioner and the chair. Five (5) members shall be appointed from each grand division of the state. Members shall serve terms of three (3) years. Members of the TCRB shall, upon expiration of their terms of office, be eligible for reappointment to successive terms. In making appointments to the board, the commissioner and the chair shall strive to ensure that at least one (1) person serving on the TCRB is sixty (60) years of age or older and that at least one (1) person serving on the TCRB is a member of a racial minority. Members shall have served in a volunteer capacity in corrections, in probation or parole, or in an academic environment in the field of criminal justice or other related field. Vacancies shall be filled by the TCRB; provided, that the person filling the vacancy shall receive the written approval of the commissioner and chair.
(b) The TCRB shall serve both the department and the board. The purpose of the TCRB shall be to: (1) Coordinate with and assist the department and the board in developing and utilizing volunteer resources in assisting parolees, probationers and inmates in reintegrating into society as productive, law-abiding citizens; (2) Coordinate with and assist the department and the board in developing policies and procedures governing the utilization of volunteers; (3) Coordinate a network of local parole, probation and institutional community resource boards on matters of statewide impact; (4) Advise the department and the board on matters of public interest and concern; (5) Assist the department and the board in accomplishing their missions; (6) Review and recommend programs having statewide impact involving volunteers; and (7) Oversee projects when appropriate.
(1) Coordinate with and assist the department and the board in developing and utilizing volunteer resources in assisting parolees, probationers and inmates in reintegrating into society as productive, law-abiding citizens;
(2) Coordinate with and assist the department and the board in developing policies and procedures governing the utilization of volunteers;
(3) Coordinate a network of local parole, probation and institutional community resource boards on matters of statewide impact;
(4) Advise the department and the board on matters of public interest and concern;
(5) Assist the department and the board in accomplishing their missions;
(6) Review and recommend programs having statewide impact involving volunteers; and
(7) Oversee projects when appropriate.
(c) Local parole, probation and prison institution community resource boards may be established. The purpose of these local boards is to cooperate with local probation and parole offices and correctional institutions to: (1) Develop a program plan for utilizing volunteers; (2) Establish specific goals for utilizing volunteers; (3) Establish performance measures for determining that goals are met; and (4) Collect data on the cost of using volunteers and the cost benefits to the local office or institution.
(1) Develop a program plan for utilizing volunteers;
(2) Establish specific goals for utilizing volunteers;
(3) Establish performance measures for determining that goals are met; and
(4) Collect data on the cost of using volunteers and the cost benefits to the local office or institution.
(d) Local volunteer resource boards shall report semiannually to the TCRB on their program plans, goals and performance measures.
Acts 1985, ch. 267, § 1; 1989, ch. 278, § 76; 1991, ch. 160, § 7; 2000, ch. 987, § 4.
Tenn. Code Ann. § 41-22-210 — TN Code / Title 41 / Chapter 22 / Section 41-22-210
Provision of equipment
Status: in_force

The commissioner of correction is authorized to purchase and provide all necessary equipment for the working of prisoners on the county roads, pikes and highways, and the equipment shall be paid out of the correction budget. Acts 1981, ch. 378, § 1; T.C.A., § 41-510.
The commissioner of correction is authorized to purchase and provide all necessary equipment for the working of prisoners on the county roads, pikes and highways, and the equipment shall be paid out of the correction budget.
Acts 1981, ch. 378, § 1; T.C.A., § 41-510.
Tenn. Code Ann. § 41-3-104 — TN Code / Title 41 / Chapter 3 / Section 41-3-104
Detention for failure to pay fines and costs
Status: in_force

If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by the proceeds of the prisoner's labor. Code 1858, §5415; Shan., § 7395; mod. Code 1932, § 12002; T.C.A. (orig. ed.), § 41-1404.
If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by the proceeds of the prisoner's labor.
Code 1858, §5415; Shan., § 7395; mod. Code 1932, § 12002; T.C.A. (orig. ed.), § 41-1404.