Tenn. Code Ann. § 41-4-119 — TN Code / Title 41 / Chapter 4 / Section 41-4-119
Compensation - Taxing of costs
Status: in_force

(a) For service as a guard pursuant to § 41-4-118 , each guard shall receive one dollar ($1.00) for each day, and one dollar ($1.00) for each night so necessarily employed, to be taxed in the bill of costs and paid as other costs are now paid. (b) Before the payments provided for in subsection (a) are allowed and taxed in the bill of costs, the sheriff shall, in each case, make a statement showing the names and number of the guards, the time of service and the amount due each. The district attorney general shall examine and certify the statement as correct. The circuit or criminal judge shall also examine the statement, and examine in open court such testimony as the judge may deem necessary as to the necessity of the guards, as to their service, and shall certify that the guards were necessary, and that they have rendered the service, and the cost is correctly taxed, all of which shall be spread on the records. Upon a certified copy being presented to the commissioner of finance and administration, the commissioner shall issue a warrant for the payment. Acts 1859-1860, ch. 28, § 2; Shan., § 7378; Code 1932, § 11987; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 41-1121.
(a) For service as a guard pursuant to § 41-4-118 , each guard shall receive one dollar ($1.00) for each day, and one dollar ($1.00) for each night so necessarily employed, to be taxed in the bill of costs and paid as other costs are now paid.
(b) Before the payments provided for in subsection (a) are allowed and taxed in the bill of costs, the sheriff shall, in each case, make a statement showing the names and number of the guards, the time of service and the amount due each. The district attorney general shall examine and certify the statement as correct. The circuit or criminal judge shall also examine the statement, and examine in open court such testimony as the judge may deem necessary as to the necessity of the guards, as to their service, and shall certify that the guards were necessary, and that they have rendered the service, and the cost is correctly taxed, all of which shall be spread on the records. Upon a certified copy being presented to the commissioner of finance and administration, the commissioner shall issue a warrant for the payment.
Acts 1859-1860, ch. 28, § 2; Shan., § 7378; Code 1932, § 11987; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 41-1121.
Tenn. Code Ann. § 41-4-126 — TN Code / Title 41 / Chapter 4 / Section 41-4-126
Allowance for additional guards
Status: in_force

If the court directs the sheriff to summon more than two (2) guards in order to carry safely any prisoner charged with a crime from one county to another for trial or safekeeping, the commissioner of finance and administration shall allow the additional guards ordered by the court the same compensation that is allowed by law to the two (2) guards and give a warrant for that compensation to the sheriff. Code 1858, § 5435 (deriv. Acts 1843-1844, ch. 69, § 1); Shan., §7446; Code 1932, § 12054; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12054; T.C.A. (orig. ed.), § 41-1130.
If the court directs the sheriff to summon more than two (2) guards in order to carry safely any prisoner charged with a crime from one county to another for trial or safekeeping, the commissioner of finance and administration shall allow the additional guards ordered by the court the same compensation that is allowed by law to the two (2) guards and give a warrant for that compensation to the sheriff.
Code 1858, § 5435 (deriv. Acts 1843-1844, ch. 69, § 1); Shan., §7446; Code 1932, § 12054; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12054; T.C.A. (orig. ed.), § 41-1130.
Tenn. Code Ann. § 41-21-234 — TN Code / Title 41 / Chapter 21 / Section 41-21-234
Uniforms of inmates
Status: in_force

(a) All inmates assigned to the custody of the department of correction shall be clothed in a uniform manufactured by TRICOR. The style and materials of the uniform shall be selected by the commissioner and shall be sufficient to distinguish the inmates from all other persons who are not assigned to the custody of the department. TRICOR shall operate programs within correctional facilities to manufacture this clothing. (b) (1) All inmates who are performing work or hard labor outside the confines of a correctional facility under guard or the direct supervision of a correctional employee shall be clothed in a uniform of peculiar style so as to clearly distinguish the inmates from other persons. (2) As used in subdivision (b)(1), "uniform of peculiar style" includes, but is not limited to, a uniform comprised of a series of horizontal stripes. (c) An inmate who receives the privilege of unsupervised release into the community in order to participate in a program of work release, educational release, restitutional release, prerelease, furlough or parole shall not be required to wear a department of correction inmate uniform during those periods when the inmate is participating in the program and is not on department property. Acts 1984, ch. 982, § 1; 1986, ch. 513, § 1; 2003, ch. 187, § 2.
(a) All inmates assigned to the custody of the department of correction shall be clothed in a uniform manufactured by TRICOR. The style and materials of the uniform shall be selected by the commissioner and shall be sufficient to distinguish the inmates from all other persons who are not assigned to the custody of the department. TRICOR shall operate programs within correctional facilities to manufacture this clothing.
(b) (1) All inmates who are performing work or hard labor outside the confines of a correctional facility under guard or the direct supervision of a correctional employee shall be clothed in a uniform of peculiar style so as to clearly distinguish the inmates from other persons. (2) As used in subdivision (b)(1), "uniform of peculiar style" includes, but is not limited to, a uniform comprised of a series of horizontal stripes.
(1) All inmates who are performing work or hard labor outside the confines of a correctional facility under guard or the direct supervision of a correctional employee shall be clothed in a uniform of peculiar style so as to clearly distinguish the inmates from other persons.
(2) As used in subdivision (b)(1), "uniform of peculiar style" includes, but is not limited to, a uniform comprised of a series of horizontal stripes.
(c) An inmate who receives the privilege of unsupervised release into the community in order to participate in a program of work release, educational release, restitutional release, prerelease, furlough or parole shall not be required to wear a department of correction inmate uniform during those periods when the inmate is participating in the program and is not on department property.
Acts 1984, ch. 982, § 1; 1986, ch. 513, § 1; 2003, ch. 187, § 2.
Tenn. Code Ann. § 41-1-605 — TN Code / Title 41 / Chapter 1 / Section 41-1-605
Manner of service of sentence - Application to alter
Status: in_force

(a) Confinement in a regional workhouse shall be considered a sentence to the department; provided, that the court shall retain full jurisdiction over the defendant during the term of the sentence and may modify or reduce the sentence or may place the defendant on probation supervision where otherwise eligible. (b) Following the first application, applications to alter the manner of the service of the sentence may be made at no less than three (3) month intervals. Acts 1989, ch. 484, § 5; T.C.A. § 41-1-705.
(a) Confinement in a regional workhouse shall be considered a sentence to the department; provided, that the court shall retain full jurisdiction over the defendant during the term of the sentence and may modify or reduce the sentence or may place the defendant on probation supervision where otherwise eligible.
(b) Following the first application, applications to alter the manner of the service of the sentence may be made at no less than three (3) month intervals.
Acts 1989, ch. 484, § 5; T.C.A. § 41-1-705.
Tenn. Code Ann. § 41-7-108 — TN Code / Title 41 / Chapter 7 / Section 41-7-108
Technical and programmatic assistance - Inspections
Status: in_force

At the request of the commissioner of correction, the institute may provide the department of correction with technical and programmatic assistance, including inspections of state facilities. The institute shall provide the department with a report concerning the deficiencies or departures from standards found as the result of the inspection. Acts 1984, ch. 938, § 10.
At the request of the commissioner of correction, the institute may provide the department of correction with technical and programmatic assistance, including inspections of state facilities. The institute shall provide the department with a report concerning the deficiencies or departures from standards found as the result of the inspection.
Acts 1984, ch. 938, § 10.
Tenn. Code Ann. § 41-24-110 — TN Code / Title 41 / Chapter 24 / Section 41-24-110
Powers and duties not delegable to contractor
Status: in_force

No contract for correctional services shall authorize, allow or imply a delegation of the authority or responsibility of the commissioner to a prison contractor for any of the following: (1) Developing and implementing procedures for calculating inmate release and parole eligibility dates; (2) Developing and implementing procedures for calculating and awarding sentence credits; (3) Approving inmates for furlough and work release; (4) Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in that work; and (5) Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody; or taking any disciplinary actions. Acts 1986, ch. 932, § 10.
No contract for correctional services shall authorize, allow or imply a delegation of the authority or responsibility of the commissioner to a prison contractor for any of the following:
(1) Developing and implementing procedures for calculating inmate release and parole eligibility dates;
(2) Developing and implementing procedures for calculating and awarding sentence credits;
(3) Approving inmates for furlough and work release;
(4) Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in that work; and
(5) Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody; or taking any disciplinary actions.
Acts 1986, ch. 932, § 10.
Tenn. Code Ann. § 41-22-402 — TN Code / Title 41 / Chapter 22 / Section 41-22-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Equipment" includes, but is not limited to, motor vehicles, industrial machinery, agricultural machinery, office machinery, electronic equipment and computer equipment; (2) "Raw materials" includes, but is not limited to, materials used in the production of goods and services produced or sold by TRICOR; and (3) "TRICOR" means the Tennessee rehabilitative initiative in correction, the inmate program that provides: (A) Manufacturing, business services or agricultural jobs for inmates, or any combination of those jobs; (B) The training and skill development necessary for inmate employment in manufacturing, business services or agricultural jobs and in placement in its post-release program; and (C) The marketing and sale of prison industry products and services. Acts 1994, ch. 737, § 1; 2001, ch. 289, § 1; 2003, ch. 187, § 9; 2006, ch. 750, § 1.
As used in this part, unless the context otherwise requires:
(1) "Equipment" includes, but is not limited to, motor vehicles, industrial machinery, agricultural machinery, office machinery, electronic equipment and computer equipment;
(2) "Raw materials" includes, but is not limited to, materials used in the production of goods and services produced or sold by TRICOR; and
(3) "TRICOR" means the Tennessee rehabilitative initiative in correction, the inmate program that provides: (A) Manufacturing, business services or agricultural jobs for inmates, or any combination of those jobs; (B) The training and skill development necessary for inmate employment in manufacturing, business services or agricultural jobs and in placement in its post-release program; and (C) The marketing and sale of prison industry products and services.
(A) Manufacturing, business services or agricultural jobs for inmates, or any combination of those jobs;
(B) The training and skill development necessary for inmate employment in manufacturing, business services or agricultural jobs and in placement in its post-release program; and
(C) The marketing and sale of prison industry products and services.
Acts 1994, ch. 737, § 1; 2001, ch. 289, § 1; 2003, ch. 187, § 9; 2006, ch. 750, § 1.
Tenn. Code Ann. § 41-4-143 — TN Code / Title 41 / Chapter 4 / Section 41-4-143
Report on prisoners escaping from work details
Status: in_force

The sheriff shall within thirty (30) days report to the county legislative body and to the department of correction the name of any prisoner who escapes while serving on a work detail and shall indicate whether the work detail on which the prisoner was serving was supervised or unsupervised. Acts 1986, ch. 744, § 27; T.C.A. § 41-8-117 .
The sheriff shall within thirty (30) days report to the county legislative body and to the department of correction the name of any prisoner who escapes while serving on a work detail and shall indicate whether the work detail on which the prisoner was serving was supervised or unsupervised.
Acts 1986, ch. 744, § 27; T.C.A. § 41-8-117 .
Tenn. Code Ann. § 41-1-504 — TN Code / Title 41 / Chapter 1 / Section 41-1-504
Governor's powers to reduce overcrowding
Status: in_force

(a) Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding: (1) Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse; (2) Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods. (b) The directive of the governor invoking the power granted pursuant to subdivision (a)(1) shall include the approximate number of inmates who must be released to reach ninety percent (90%) of the relevant designated capacity as well as any restrictions the governor may wish to impose regarding which inmates or types of inmates are not eligible for release and may not be considered by the board. There shall be no limits on the number or types of restrictions the governor may impose on early release eligibility as long as a sufficient number of inmates are eligible for consideration to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. (c) Notwithstanding this section to the contrary, the governor does not have the authority to make inmates who have been convicted of a second or subsequent violation of § 39-13-502 or § 39-13-503 eligible for release under this part, nor shall the board have the authority to consider these inmates. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 59; 1991, ch. 204, § 2; 1993, ch. 209, § 1.
(a) Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding: (1) Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse; (2) Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods.
(1) Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse;
(2) Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods.
(b) The directive of the governor invoking the power granted pursuant to subdivision (a)(1) shall include the approximate number of inmates who must be released to reach ninety percent (90%) of the relevant designated capacity as well as any restrictions the governor may wish to impose regarding which inmates or types of inmates are not eligible for release and may not be considered by the board. There shall be no limits on the number or types of restrictions the governor may impose on early release eligibility as long as a sufficient number of inmates are eligible for consideration to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity.
(c) Notwithstanding this section to the contrary, the governor does not have the authority to make inmates who have been convicted of a second or subsequent violation of § 39-13-502 or § 39-13-503 eligible for release under this part, nor shall the board have the authority to consider these inmates.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 59; 1991, ch. 204, § 2; 1993, ch. 209, § 1.
Tenn. Code Ann. § 41-21-216 — TN Code / Title 41 / Chapter 21 / Section 41-21-216
Custody of prisoners' personal belongings and funds
Status: in_force

(a) It is lawful for the warden of the penitentiary, acting under and subject to the power of the commissioner of correction, to take charge of any property in the possession of any of the inmates at the time of their entering the prison, and, on the application of the inmate, to sue for and receive any goods, chattels or money due or belonging to that inmate and to keep a correct account of such goods, chattels or money. (b) The money or property thus received shall be held subject to the order of the inmate upon discharge, or to the inmate's legal representative in case of death, subject at first to the payment of all costs that may have been adjudged against the inmate and the expenses of keeping the inmate, if any, over the value of the inmate's work. (c) If no demand is made for the money by the inmate, or a legally authorized agent or personal representative within six (6) months after the inmate's death or discharge, the amount on hand shall be paid by the warden through the commissioner into the state treasury. (d) The warden shall also cause the clothes of each inmate, when received into the penitentiary, to be washed and carefully put away, and shall place a ticket with the inmate's name on the clothes, to be returned to the inmate on the inmate's discharge; or, if the inmate prefers, to dispose of them to the best advantage, and retain the money, to be paid as provided in subsection (b). Code 1858, §§ 5477-5480 (deriv. Acts 1829, ch. 38, §§ 17, 35); Shan., §§ 7493-7496; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12088-12091; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-336 -- 41-339.
(a) It is lawful for the warden of the penitentiary, acting under and subject to the power of the commissioner of correction, to take charge of any property in the possession of any of the inmates at the time of their entering the prison, and, on the application of the inmate, to sue for and receive any goods, chattels or money due or belonging to that inmate and to keep a correct account of such goods, chattels or money.
(b) The money or property thus received shall be held subject to the order of the inmate upon discharge, or to the inmate's legal representative in case of death, subject at first to the payment of all costs that may have been adjudged against the inmate and the expenses of keeping the inmate, if any, over the value of the inmate's work.
(c) If no demand is made for the money by the inmate, or a legally authorized agent or personal representative within six (6) months after the inmate's death or discharge, the amount on hand shall be paid by the warden through the commissioner into the state treasury.
(d) The warden shall also cause the clothes of each inmate, when received into the penitentiary, to be washed and carefully put away, and shall place a ticket with the inmate's name on the clothes, to be returned to the inmate on the inmate's discharge; or, if the inmate prefers, to dispose of them to the best advantage, and retain the money, to be paid as provided in subsection (b).
Code 1858, §§ 5477-5480 (deriv. Acts 1829, ch. 38, §§ 17, 35); Shan., §§ 7493-7496; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12088-12091; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-336 -- 41-339.
Tenn. Code Ann. § 41-12-107 — TN Code / Title 41 / Chapter 12 / Section 41-12-107
Entities wishing to become or withdraw as members of authority - Requirements
Status: in_force

(a) (1) Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105 . (2) Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate. (b) The governing body of any governmental entity wishing to become a member of an existing authority and the governing bodies of the governmental entities then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of the governmental entity, identifying the name, address and term of office of initial appointments to the expanded membership in accordance with § 41-12-106 . The requirements of § 41-12-105 likewise apply to any action of the governing body. Acts 2008, ch. 1092, § 8.
(a) (1) Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105 . (2) Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate.
(1) Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105 .
(2) Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate.
(b) The governing body of any governmental entity wishing to become a member of an existing authority and the governing bodies of the governmental entities then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of the governmental entity, identifying the name, address and term of office of initial appointments to the expanded membership in accordance with § 41-12-106 . The requirements of § 41-12-105 likewise apply to any action of the governing body.
Acts 2008, ch. 1092, § 8.
Tenn. Code Ann. § 41-22-102 — TN Code / Title 41 / Chapter 22 / Section 41-22-102
Construction of roads and buildings on state property
Status: in_force

The commissioner has the authority and power to construct with the labor of inmates of the penitentiary any and all roads that may be found necessary and of value to the state's properties, and to construct and build, if, in the commissioner's opinion, it is necessary, separate hospitals and necessary appurtenances for contagious diseases on the state's property, and pay for them out of the funds belonging to the institution. Acts 1915, ch. 114, § 2; Shan., § 7581a; 4; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12182; T.C.A., (orig. ed.), § 41-402.
The commissioner has the authority and power to construct with the labor of inmates of the penitentiary any and all roads that may be found necessary and of value to the state's properties, and to construct and build, if, in the commissioner's opinion, it is necessary, separate hospitals and necessary appurtenances for contagious diseases on the state's property, and pay for them out of the funds belonging to the institution.
Acts 1915, ch. 114, § 2; Shan., § 7581a; 4; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12182; T.C.A., (orig. ed.), § 41-402.
Tenn. Code Ann. § 41-51-201 — TN Code / Title 41 / Chapter 51 / Section 41-51-201
Part definitions
Status: in_force

As used in this part: (1) "Correctional environment" means a physical location, whether a facility or transport vehicle, in which an inmate must be under custody and control of a correctional officer in accordance with recognized correctional standards; (2) "Correctional institution" means a facility under the authority of this state, a county, or a municipal government that has the power to detain or restrain, or both, a person under the laws of this state; (3) "Extraordinary circumstance" means that an inmate presents a substantial flight risk or some other extraordinary medical, mental health, or security circumstance; (4) "Inmate" means a person incarcerated or detained in a correctional institution who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program; (5) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix; and (6) "Restraints" means a physical or mechanical device used to control the movement of an inmate's body, limbs, or both. Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.
As used in this part:
(1) "Correctional environment" means a physical location, whether a facility or transport vehicle, in which an inmate must be under custody and control of a correctional officer in accordance with recognized correctional standards;
(2) "Correctional institution" means a facility under the authority of this state, a county, or a municipal government that has the power to detain or restrain, or both, a person under the laws of this state;
(3) "Extraordinary circumstance" means that an inmate presents a substantial flight risk or some other extraordinary medical, mental health, or security circumstance;
(4) "Inmate" means a person incarcerated or detained in a correctional institution who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program;
(5) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix; and
(6) "Restraints" means a physical or mechanical device used to control the movement of an inmate's body, limbs, or both.
Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 41-1-111 — TN Code / Title 41 / Chapter 1 / Section 41-1-111
Preservation of records
Status: in_force

All registers, returns and other documents relating to the affairs of the penitentiary are public documents and shall remain in the penitentiary. The warden shall preserve official copies of the warden's correspondence with the governor, commissioner of correction or other public officers and of any official communication the warden may receive from them. Code 1858, § 5476; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7492; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12087; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-126.
All registers, returns and other documents relating to the affairs of the penitentiary are public documents and shall remain in the penitentiary. The warden shall preserve official copies of the warden's correspondence with the governor, commissioner of correction or other public officers and of any official communication the warden may receive from them.
Code 1858, § 5476; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7492; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12087; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-126.
Tenn. Code Ann. § 41-4-111 — TN Code / Title 41 / Chapter 4 / Section 41-4-111
Cleanliness
Status: in_force

The jailers shall enforce cleanliness in their respective jails. They shall furnish the necessary apparatus for shaving once a week, shall provide bathing facilities separate for males and females, shall furnish hot and cold water, clean and sufficient bedding, and laundering once a week to those prisoners who are not able to provide such for themselves. The jailers shall keep the jails clean and shall remove all filth from each cell once every twenty-four (24) hours. Code 1932, § 12040; T.C.A. (orig. ed.), § 41-1111.
The jailers shall enforce cleanliness in their respective jails. They shall furnish the necessary apparatus for shaving once a week, shall provide bathing facilities separate for males and females, shall furnish hot and cold water, clean and sufficient bedding, and laundering once a week to those prisoners who are not able to provide such for themselves. The jailers shall keep the jails clean and shall remove all filth from each cell once every twenty-four (24) hours.
Code 1932, § 12040; T.C.A. (orig. ed.), § 41-1111.
Tenn. Code Ann. § 41-4-141 — TN Code / Title 41 / Chapter 4 / Section 41-4-141
Interlocal agreements for joint operation of jails - Legislative intent - Allowable agreements
Status: in_force

(a) It is the intent of the general assembly to allow interlocal agreements where two (2) or more counties jointly operate a jail. The general assembly finds that regional jails would allow counties to save funds and lower their liability risks. (b) Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a jail to serve the counties so agreeing. (c) An interlocal agreement may specify that: (1) One (1) county actually operates the facility, but all participating counties equally share policy and decision-making responsibilities; (2) Adjoining counties may contract with a single county to house their prisoners and relinquish their authority regarding policy and decision-making; or (3) Each participating county operates its own facility for pretrial inmates, but joins with other counties for post-conviction incarcerations. Acts 1999, ch. 190, § 3; 2005, ch. 187, § 1.
(a) It is the intent of the general assembly to allow interlocal agreements where two (2) or more counties jointly operate a jail. The general assembly finds that regional jails would allow counties to save funds and lower their liability risks.
(b) Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a jail to serve the counties so agreeing.
(c) An interlocal agreement may specify that: (1) One (1) county actually operates the facility, but all participating counties equally share policy and decision-making responsibilities; (2) Adjoining counties may contract with a single county to house their prisoners and relinquish their authority regarding policy and decision-making; or (3) Each participating county operates its own facility for pretrial inmates, but joins with other counties for post-conviction incarcerations.
(1) One (1) county actually operates the facility, but all participating counties equally share policy and decision-making responsibilities;
(2) Adjoining counties may contract with a single county to house their prisoners and relinquish their authority regarding policy and decision-making; or
(3) Each participating county operates its own facility for pretrial inmates, but joins with other counties for post-conviction incarcerations.
Acts 1999, ch. 190, § 3; 2005, ch. 187, § 1.
Tenn. Code Ann. § 41-24-108 — TN Code / Title 41 / Chapter 24 / Section 41-24-108
Application of certain criminal laws to contractor-operated facilities
Status: in_force

The provisions of title 39, chapter 16, including, without limitation, § 39-16-201 and §§ 39-16-605 - 39-16-608, shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services. Acts 1986, ch. 932, § 8; 1996, ch. 675, § 43.
The provisions of title 39, chapter 16, including, without limitation, § 39-16-201 and §§ 39-16-605 - 39-16-608, shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.
Acts 1986, ch. 932, § 8; 1996, ch. 675, § 43.
Tenn. Code Ann. § 41-22-406 — TN Code / Title 41 / Chapter 22 / Section 41-22-406
Powers and duties of board
Status: in_force

(a) (1) (A) The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403 . It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR. (B) Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation. (C) The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace. (D) The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process. (E) The state and local government committee of the senate and the state government committee of the house of representatives shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan. (2) Notwithstanding any law to the contrary, the board has the authority to cause to be purchased and to develop the method for purchasing raw materials, supplies, services, not to include ongoing personnel, and equipment necessary for the production and timely delivery of TRICOR products. (3) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the TRICOR board shall have the authority to authorize the preparation and use of publications for the marketing and public education needs of TRICOR products and services in order to effectively carry out its mission. (b) Notwithstanding any law to the contrary, it is the responsibility of the board to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of TRICOR are at the lowest possible price, while at the same time ensuring quality and timely delivery. The TRICOR board of directors shall file the policies and procedures with the procurement commission for the commission's review and approval. (c) The board has the authority to purchase supplies, services and equipment through the procurement office and is encouraged to exercise the option to purchase through the office under title 12, chapter 3, in circumstances that are advantageous for the timely delivery of low cost, quality products. Amended by 2021 Tenn. Acts, ch. 64, s 59, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 69, eff. 5/10/2019. Amended by 2014 Tenn. Acts, ch. 755, Secs.s 2, s 3 eff. 4/22/2014. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1994, ch. 737, § 1; 1995, ch. 75, § 1; 1999, ch. 300, § 1; 2003 , ch. 187, §§ 16, 17; 2006, ch. 750, § 2; 2007 , ch. 60, 2008 , ch. 721, § 1; 2011 , ch. 295, § 15(a)-(c), 19; 2011 , ch. 410, § 2(j).
(a) (1) (A) The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403 . It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR. (B) Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation. (C) The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace. (D) The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process. (E) The state and local government committee of the senate and the state government committee of the house of representatives shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan. (2) Notwithstanding any law to the contrary, the board has the authority to cause to be purchased and to develop the method for purchasing raw materials, supplies, services, not to include ongoing personnel, and equipment necessary for the production and timely delivery of TRICOR products. (3) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the TRICOR board shall have the authority to authorize the preparation and use of publications for the marketing and public education needs of TRICOR products and services in order to effectively carry out its mission.
(1) (A) The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403 . It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR. (B) Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation. (C) The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace. (D) The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process. (E) The state and local government committee of the senate and the state government committee of the house of representatives shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan.
(A) The board has such powers as are necessary to effectively carry out its mission as defined in § 41-22-403 . It is the intent of the general assembly that the board should be as free as is possible to operate its facilities and to pursue its mission with the principles of free enterprise. Notwithstanding any law to the contrary, the board, in consultation with the commissioner of human resources, may adopt policies governing supplemental pay plans. These plans shall reward performance of the employees of TRICOR and relate to the unique responsibilities of TRICOR.
(B) Any compensation awarded under this section shall not be considered as an addition to base pay and is further limited to the period outlined in the approved policy. Supplemental pay policies shall ensure that funds are distributed in a fair manner without bias on account of race, color, sex, age, national origin or political affiliation.
(C) The supplemental pay policies shall be based on measurable criteria to reward performance. Pay plans shall be consistent with the mission of TRICOR and shall emphasize safety and security in the workplace.
(D) The guidelines and criteria for receiving supplemental pay shall be developed in the best interest of all TRICOR employees and the criteria shall be clearly communicated with all affected employees. Employee input will be considered in the development process.
(E) The state and local government committee of the senate and the state government committee of the house of representatives shall review any proposed supplemental pay plan and shall make comments to the commissioner of human resources prior to its implementation. Any comment shall be made within thirty (30) days after receipt by the committee of the proposed supplemental pay plan.
(2) Notwithstanding any law to the contrary, the board has the authority to cause to be purchased and to develop the method for purchasing raw materials, supplies, services, not to include ongoing personnel, and equipment necessary for the production and timely delivery of TRICOR products.
(3) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the TRICOR board shall have the authority to authorize the preparation and use of publications for the marketing and public education needs of TRICOR products and services in order to effectively carry out its mission.
(b) Notwithstanding any law to the contrary, it is the responsibility of the board to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of TRICOR are at the lowest possible price, while at the same time ensuring quality and timely delivery. The TRICOR board of directors shall file the policies and procedures with the procurement commission for the commission's review and approval.
(c) The board has the authority to purchase supplies, services and equipment through the procurement office and is encouraged to exercise the option to purchase through the office under title 12, chapter 3, in circumstances that are advantageous for the timely delivery of low cost, quality products.
Amended by 2021 Tenn. Acts, ch. 64, s 59, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 69, eff. 5/10/2019.
Amended by 2014 Tenn. Acts, ch. 755, Secs.s 2, s 3 eff. 4/22/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1994, ch. 737, § 1; 1995, ch. 75, § 1; 1999, ch. 300, § 1; 2003 , ch. 187, §§ 16, 17; 2006, ch. 750, § 2; 2007 , ch. 60, 2008 , ch. 721, § 1; 2011 , ch. 295, § 15(a)-(c), 19; 2011 , ch. 410, § 2(j).
Tenn. Code Ann. § 41-6-109 — TN Code / Title 41 / Chapter 6 / Section 41-6-109
Screening inmates
Status: in_force

Participating inmates shall be carefully screened and the committing courts shall be consulted before an inmate is placed in the restitution program. Acts 1976, ch. 818, § 9; T.C.A., § 41-2309.
Participating inmates shall be carefully screened and the committing courts shall be consulted before an inmate is placed in the restitution program.
Acts 1976, ch. 818, § 9; T.C.A., § 41-2309.
Tenn. Code Ann. § 41-1-503 — TN Code / Title 41 / Chapter 1 / Section 41-1-503
Certification of excess population - Declaration of prison overcrowding emergency
Status: in_force

(a) When the commissioner determines that the in-house population has for thirty (30) consecutive days exceeded ninety-five percent (95%) of the relevant designated capacity, or has reasonable grounds to believe that within thirty (30) days the in-house population will, for at least thirty (30) consecutive days, exceed ninety-five percent (95%) of the relevant designated capacity, the commissioner shall so certify to the governor. (b) Upon receiving the certification from the commissioner, the governor may declare that a state of overcrowding emergency exists. If the governor so declares, the governor shall immediately notify the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter that a state of prison overcrowding exists and the approximate number of inmates in the system that is in excess of ninety percent (90%) of the relevant designated capacity. Amended by 2021 Tenn. Acts, ch. 64, s 54, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 63, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 2011 , ch. 410, § 2(b).
(a) When the commissioner determines that the in-house population has for thirty (30) consecutive days exceeded ninety-five percent (95%) of the relevant designated capacity, or has reasonable grounds to believe that within thirty (30) days the in-house population will, for at least thirty (30) consecutive days, exceed ninety-five percent (95%) of the relevant designated capacity, the commissioner shall so certify to the governor.
(b) Upon receiving the certification from the commissioner, the governor may declare that a state of overcrowding emergency exists. If the governor so declares, the governor shall immediately notify the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter that a state of prison overcrowding exists and the approximate number of inmates in the system that is in excess of ninety percent (90%) of the relevant designated capacity.
Amended by 2021 Tenn. Acts, ch. 64, s 54, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 63, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 2011 , ch. 410, § 2(b).
Tenn. Code Ann. § 41-21-504 — TN Code / Title 41 / Chapter 21 / Section 41-21-504
Duties of director
Status: in_force

(a) The director of rehabilitative services, under the supervision and authority of the commissioner of correction, shall formulate an overall plan for the rehabilitation of first term inmates and second term inmates considered corrigible and shall coordinate individual rehabilitative programs conducted by a staff of counselors appointed to carry out the plan. The various methods of rehabilitation shall include, but not be limited to: (1) Proper classification of inmates as to attitude and morale; (2) Potentials and work skill improvements during periods of confinement; (3) Adequate work training and vocational-technical programs designed to improve employment potentials; (4) Moral upgrading programs; (5) Formal education classes; (6) Self-help courses; (7) Religious instruction; (8) Legal advice; and (9) Employment aid to include a work release program for certain first term inmates and second term inmates. (b) The director, with the approval of the commissioner, shall prepare and issue appropriate rules and regulations governing the rehabilitation program and shall coordinate all activities with wardens' offices to assure that prison security is not compromised by the program. The director shall maintain complete records and submit quarterly progress reports to the commissioner. (c) The director, under the supervision and authority of the commissioner, has the authority to establish special alternative incarceration sites for the domicile of first term inmates and second term inmates considered eligible for rehabilitative programs under this part. Acts 1970, ch. 471, § 4; 1972, ch. 538, § 3; T.C.A., § 41-1804; Acts 1988, ch. 994, § 1.
(a) The director of rehabilitative services, under the supervision and authority of the commissioner of correction, shall formulate an overall plan for the rehabilitation of first term inmates and second term inmates considered corrigible and shall coordinate individual rehabilitative programs conducted by a staff of counselors appointed to carry out the plan. The various methods of rehabilitation shall include, but not be limited to: (1) Proper classification of inmates as to attitude and morale; (2) Potentials and work skill improvements during periods of confinement; (3) Adequate work training and vocational-technical programs designed to improve employment potentials; (4) Moral upgrading programs; (5) Formal education classes; (6) Self-help courses; (7) Religious instruction; (8) Legal advice; and (9) Employment aid to include a work release program for certain first term inmates and second term inmates.
(1) Proper classification of inmates as to attitude and morale;
(2) Potentials and work skill improvements during periods of confinement;
(3) Adequate work training and vocational-technical programs designed to improve employment potentials;
(4) Moral upgrading programs;
(5) Formal education classes;
(6) Self-help courses;
(7) Religious instruction;
(8) Legal advice; and
(9) Employment aid to include a work release program for certain first term inmates and second term inmates.
(b) The director, with the approval of the commissioner, shall prepare and issue appropriate rules and regulations governing the rehabilitation program and shall coordinate all activities with wardens' offices to assure that prison security is not compromised by the program. The director shall maintain complete records and submit quarterly progress reports to the commissioner.
(c) The director, under the supervision and authority of the commissioner, has the authority to establish special alternative incarceration sites for the domicile of first term inmates and second term inmates considered eligible for rehabilitative programs under this part.
Acts 1970, ch. 471, § 4; 1972, ch. 538, § 3; T.C.A., § 41-1804; Acts 1988, ch. 994, § 1.
Tenn. Code Ann. § 41-21-909 — TN Code / Title 41 / Chapter 21 / Section 41-21-909
Cooperation with attorney general and reporter - Costs of investigations - State treasurer to make determinations of amounts due
Status: in_force

(a) The sentencing judge, the sheriff of the county, the warden of the state correctional facility and the state treasurer shall furnish to the attorney general and reporter or prosecuting attorney all information and assistance possible to enable the attorney general and reporter or prosecuting attorney to secure reimbursement for the state under this part. (b) The costs of any investigations under this part shall be paid from the reimbursements secured under this part and the balance of the reimbursements shall be credited to the general fund of the state to be available for general fund purposes. (c) The state treasurer may determine the amount due the state in cases under this part and render statements of the amount due, and those sworn statements shall be considered prima facie evidence of the amount due. Acts 1998, ch. 992, § 10.
(a) The sentencing judge, the sheriff of the county, the warden of the state correctional facility and the state treasurer shall furnish to the attorney general and reporter or prosecuting attorney all information and assistance possible to enable the attorney general and reporter or prosecuting attorney to secure reimbursement for the state under this part.
(b) The costs of any investigations under this part shall be paid from the reimbursements secured under this part and the balance of the reimbursements shall be credited to the general fund of the state to be available for general fund purposes.
(c) The state treasurer may determine the amount due the state in cases under this part and render statements of the amount due, and those sworn statements shall be considered prima facie evidence of the amount due.
Acts 1998, ch. 992, § 10.
Tenn. Code Ann. § 41-1-510 — TN Code / Title 41 / Chapter 1 / Section 41-1-510
Participation in time reduction programs
Status: in_force

Notwithstanding any other law to the contrary, all prisoners sentenced to the department of correction whose commitments are delayed pursuant to this part or pursuant to the order of a federal court, and who are being held by the county pending the commitment, may, at the discretion of the sheriff or superintendent, participate in appropriate academic, vocational and work-related programs that are available to persons sentenced to local jails or workhouses, and may be awarded time reduction credits as authorized by chapter 2 of this title for participation in the programs. Acts 1988, ch. 571, § 1.
Notwithstanding any other law to the contrary, all prisoners sentenced to the department of correction whose commitments are delayed pursuant to this part or pursuant to the order of a federal court, and who are being held by the county pending the commitment, may, at the discretion of the sheriff or superintendent, participate in appropriate academic, vocational and work-related programs that are available to persons sentenced to local jails or workhouses, and may be awarded time reduction credits as authorized by chapter 2 of this title for participation in the programs.
Acts 1988, ch. 571, § 1.
Tenn. Code Ann. § 41-21-405 — TN Code / Title 41 / Chapter 21 / Section 41-21-405
Self-inflicted wounds by inmate to escape labor - Punishment
Status: in_force

If any person confined in the penitentiary, in a county workhouse, a city or county jail or any other penal institution, upon any charge of or conviction of any criminal offense, by any means or method willfully inflicts any wound upon such inmate's own person for the purpose of or with the effect of rendering the inmate unfit for or incapable of performing any labor assigned, the inmate may be confined in solitary confinement or subject to such other punishment, not inconsistent with humanity, as may be deemed necessary by the warden, sheriff or commissioners for the government and control of the inmates. Inmates who are placed in solitary confinement or who are hospitalized as a result of any self-inflicted wounds shall receive no credit for the time so spent. Acts 1959, ch. 76, § 1; T.C.A., § 41-723.
If any person confined in the penitentiary, in a county workhouse, a city or county jail or any other penal institution, upon any charge of or conviction of any criminal offense, by any means or method willfully inflicts any wound upon such inmate's own person for the purpose of or with the effect of rendering the inmate unfit for or incapable of performing any labor assigned, the inmate may be confined in solitary confinement or subject to such other punishment, not inconsistent with humanity, as may be deemed necessary by the warden, sheriff or commissioners for the government and control of the inmates. Inmates who are placed in solitary confinement or who are hospitalized as a result of any self-inflicted wounds shall receive no credit for the time so spent.
Acts 1959, ch. 76, § 1; T.C.A., § 41-723.
Tenn. Code Ann. § 41-24-106 — TN Code / Title 41 / Chapter 24 / Section 41-24-106
Standards of security - Resumption of state control on termination of contract
Status: in_force

Notwithstanding any other provision of this chapter to the contrary, prior to entering a contract for providing the security function for any prison, such as providing correctional officers or other persons providing security and control over inmates, the following requirements shall be met: (1) A plan shall be developed and certified by the governor that demonstrates the method by which the state would resume control of the prison upon contract termination. This plan shall be submitted for review and comment to the state and local government committee of the senate and the state government committee of the house of representatives and the committees shall solicit comments from law enforcement agencies, district attorneys general, and criminal judges in the county in which the prison is located and the surrounding counties. State officials responsible for approving any contract for the security function or any contract that includes provision of security are encouraged to await the comments of the state and local government committee of the senate and the state government committee of the house of representatives prior to executing any such contract; and (2) The commissioner shall certify to the state and local government committee of the senate and the state government committee of the house of representatives that the security procedures proposed by the contractor are equal or superior to the security procedures in effect at existing state-operated prisons and the commissioner shall comment on the relationship of the procedures proposed by the contractor to each standard of security and control specified in the standards for adult correctional institutions by the American Correctional Association. Amended by 2021 Tenn. Acts, ch. 64, s 64, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 74, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1986, ch. 932, §6; 2011 , ch. 410, § 2(o), (p).
Notwithstanding any other provision of this chapter to the contrary, prior to entering a contract for providing the security function for any prison, such as providing correctional officers or other persons providing security and control over inmates, the following requirements shall be met:
(1) A plan shall be developed and certified by the governor that demonstrates the method by which the state would resume control of the prison upon contract termination. This plan shall be submitted for review and comment to the state and local government committee of the senate and the state government committee of the house of representatives and the committees shall solicit comments from law enforcement agencies, district attorneys general, and criminal judges in the county in which the prison is located and the surrounding counties. State officials responsible for approving any contract for the security function or any contract that includes provision of security are encouraged to await the comments of the state and local government committee of the senate and the state government committee of the house of representatives prior to executing any such contract; and
(2) The commissioner shall certify to the state and local government committee of the senate and the state government committee of the house of representatives that the security procedures proposed by the contractor are equal or superior to the security procedures in effect at existing state-operated prisons and the commissioner shall comment on the relationship of the procedures proposed by the contractor to each standard of security and control specified in the standards for adult correctional institutions by the American Correctional Association.
Amended by 2021 Tenn. Acts, ch. 64, s 64, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 74, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1986, ch. 932, §6; 2011 , ch. 410, § 2(o), (p).
Tenn. Code Ann. § 41-2-113 — TN Code / Title 41 / Chapter 2 / Section 41-2-113
Sentence to workhouse in lieu of jail
Status: in_force

In all cases where a person is by law liable to be imprisoned in the county jail for safekeeping or punishment, confinement in the workhouse, if one is provided, may, in the discretion of the court, be substituted. Code 1858, §5413; Shan., § 7393; Code 1932, §12006; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1221.
In all cases where a person is by law liable to be imprisoned in the county jail for safekeeping or punishment, confinement in the workhouse, if one is provided, may, in the discretion of the court, be substituted.
Code 1858, §5413; Shan., § 7393; Code 1932, §12006; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1221.
Tenn. Code Ann. § 41-22-308 — TN Code / Title 41 / Chapter 22 / Section 41-22-308
Part supplemental to workhouse provisions
Status: in_force

This part shall not be construed to conflict with chapter 2 of this title, providing for the construction of workhouses in any county or declaring any county jail a workhouse, but shall be construed as supplementary to that chapter, and this part shall apply to such counties as are not actually working all of their inmates confined in the county jail for nonpayment of fines and costs adjudged against them or that may hereafter not be actually working the inmates according to chapter 2 of this title. Acts 1899, ch. 358, § 4; Shan., § 1682a7; Code 1932, § 2820; T.C.A. (orig. ed.), § 41-1308.
This part shall not be construed to conflict with chapter 2 of this title, providing for the construction of workhouses in any county or declaring any county jail a workhouse, but shall be construed as supplementary to that chapter, and this part shall apply to such counties as are not actually working all of their inmates confined in the county jail for nonpayment of fines and costs adjudged against them or that may hereafter not be actually working the inmates according to chapter 2 of this title.
Acts 1899, ch. 358, § 4; Shan., § 1682a7; Code 1932, § 2820; T.C.A. (orig. ed.), § 41-1308.
Tenn. Code Ann. § 41-1-501 — TN Code / Title 41 / Chapter 1 / Section 41-1-501
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Board" means the board of parole; (2) "Commissioner" means the commissioner of correction; (3) "Designated capacity" means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner; (4) "In-house population" means the total number of adult male or female inmates physically present within all state correctional facilities on a given day; (5) "Parole" means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority; (6) "Prisoner" means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years; and (7) "Relevant designated capacity" means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity." (b) For purposes of this part, and with reference to prisoners sentenced for offenses occurring prior to July 1, 1982, references to release eligibility dates are deemed references to a prisoner's earliest release date. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 58; 1998, ch. 1049, § 55.
(a) As used in this part, unless the context otherwise requires: (1) "Board" means the board of parole; (2) "Commissioner" means the commissioner of correction; (3) "Designated capacity" means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner; (4) "In-house population" means the total number of adult male or female inmates physically present within all state correctional facilities on a given day; (5) "Parole" means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority; (6) "Prisoner" means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years; and (7) "Relevant designated capacity" means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity."
(1) "Board" means the board of parole;
(2) "Commissioner" means the commissioner of correction;
(3) "Designated capacity" means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner;
(4) "In-house population" means the total number of adult male or female inmates physically present within all state correctional facilities on a given day;
(5) "Parole" means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority;
(6) "Prisoner" means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years; and
(7) "Relevant designated capacity" means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity."
(b) For purposes of this part, and with reference to prisoners sentenced for offenses occurring prior to July 1, 1982, references to release eligibility dates are deemed references to a prisoner's earliest release date.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 58; 1998, ch. 1049, § 55.
Tenn. Code Ann. § 41-21-308 — TN Code / Title 41 / Chapter 21 / Section 41-21-308
Keeping prisoner in jail en route
Status: in_force

The sheriff or jailer of the county in which the court is held, or of any county through which the inmate is required to pass, shall receive and safely keep the inmate in the county jail, during travel and attendance, if required to do so by the persons in charge of the inmate, for which they shall be allowed the legal charge for keeping inmates. Code 1858, § 5556; Shan., § 7578; Code 1932, § 12176; T.C.A. (orig. ed.), § 41-609.
The sheriff or jailer of the county in which the court is held, or of any county through which the inmate is required to pass, shall receive and safely keep the inmate in the county jail, during travel and attendance, if required to do so by the persons in charge of the inmate, for which they shall be allowed the legal charge for keeping inmates.
Code 1858, § 5556; Shan., § 7578; Code 1932, § 12176; T.C.A. (orig. ed.), § 41-609.
Tenn. Code Ann. § 41-2-108 — TN Code / Title 41 / Chapter 2 / Section 41-2-108
Sheriff as superintendent
Status: in_force

Whenever the jail in any county has been declared a workhouse, as provided in § 41-2-102 , the sheriff shall be ex officio the superintendent of the workhouse. All persons liable to imprisonment for safekeeping, whether charged with felonies or misdemeanors, shall be confined in the workhouse, securely kept and properly cared for. Acts 1891, ch. 123, §§ 10, 11; Shan., § 7415; mod. Code 1932, § 12024; T.C.A. (orig. ed.), § 41-1215.
Whenever the jail in any county has been declared a workhouse, as provided in § 41-2-102 , the sheriff shall be ex officio the superintendent of the workhouse. All persons liable to imprisonment for safekeeping, whether charged with felonies or misdemeanors, shall be confined in the workhouse, securely kept and properly cared for.
Acts 1891, ch. 123, §§ 10, 11; Shan., § 7415; mod. Code 1932, § 12024; T.C.A. (orig. ed.), § 41-1215.
Tenn. Code Ann. § 41-4-132 — TN Code / Title 41 / Chapter 4 / Section 41-4-132
Sheriff's fees
Status: in_force

The accounts of sheriffs for keeping prisoners in their respective jails charged with crime, for which the state may eventually become liable, shall be certified; provided, that the sheriffs having such bills shall first make oath as to the correctness of the bills before the clerk of the circuit or criminal court, who shall affix the clerk's certificate to the bills. Acts 1887, ch. 242, § 1; Shan., § 7448; Code 1932, §12056; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, §12056; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, §3; modified T.C.A. (orig. ed.), § 41-1136; Acts 1983, ch. 418, §§ 2, 3.
The accounts of sheriffs for keeping prisoners in their respective jails charged with crime, for which the state may eventually become liable, shall be certified; provided, that the sheriffs having such bills shall first make oath as to the correctness of the bills before the clerk of the circuit or criminal court, who shall affix the clerk's certificate to the bills.
Acts 1887, ch. 242, § 1; Shan., § 7448; Code 1932, §12056; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, §12056; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, §3; modified T.C.A. (orig. ed.), § 41-1136; Acts 1983, ch. 418, §§ 2, 3.
Tenn. Code Ann. § 41-2-105 — TN Code / Title 41 / Chapter 2 / Section 41-2-105
Labor prescribed for prisoners
Status: in_force

The board of workhouse commissioners shall prescribe the kind of labor at which the prisoners shall be put; provided, that when practicable, they shall be worked on the county roads in preference to all other kinds of labor. Acts 1891, ch. 123, § 5; Shan., § 7405; Code 1932, § 12016; T.C.A. (orig. ed.), § 41-1212.
The board of workhouse commissioners shall prescribe the kind of labor at which the prisoners shall be put; provided, that when practicable, they shall be worked on the county roads in preference to all other kinds of labor.
Acts 1891, ch. 123, § 5; Shan., § 7405; Code 1932, § 12016; T.C.A. (orig. ed.), § 41-1212.
Tenn. Code Ann. § 41-21-223 — TN Code / Title 41 / Chapter 21 / Section 41-21-223
Complaint for judicial commitment of person scheduled for release to hospital or treatment resource - Stay of release pending completion of hearing
Status: in_force

If the commissioner of correction determines from an examination that a person who is in the custody of the department of correction has a mental illness or serious emotional disturbance and because of the mental illness or serious emotional disturbance poses a substantial likelihood of serious harm, as defined in § 33-6-501 , then the commissioner shall, no less than thirty (30) days before the person's scheduled release from a correctional facility, file a complaint with the clerk of the court that has jurisdiction under § 33-3-603 for the judicial commitment of the person to a hospital or treatment resource pursuant to title 33, chapter 6, part 5. The clerk shall serve to the person a copy of the complaint pursuant to § 33-3-605 , and shall send a copy of the complaint to the district attorney general with jurisdiction in that district. A complaint filed under this section stays the release of the person pending completion of a hearing pursuant to title 33, chapter 3, part 6. Amended by 2019 Tenn. Acts, ch. 504,s 1, eff. 7/1/2019. Acts 1955, ch. 204, § 2; impl. am. Acts 1955, ch. 102, § 1; 1977, ch. 387, § 1; T.C.A., § 41-349; Acts 2000, ch. 947, § 8C.
If the commissioner of correction determines from an examination that a person who is in the custody of the department of correction has a mental illness or serious emotional disturbance and because of the mental illness or serious emotional disturbance poses a substantial likelihood of serious harm, as defined in § 33-6-501 , then the commissioner shall, no less than thirty (30) days before the person's scheduled release from a correctional facility, file a complaint with the clerk of the court that has jurisdiction under § 33-3-603 for the judicial commitment of the person to a hospital or treatment resource pursuant to title 33, chapter 6, part 5. The clerk shall serve to the person a copy of the complaint pursuant to § 33-3-605 , and shall send a copy of the complaint to the district attorney general with jurisdiction in that district. A complaint filed under this section stays the release of the person pending completion of a hearing pursuant to title 33, chapter 3, part 6.
Amended by 2019 Tenn. Acts, ch. 504,s 1, eff. 7/1/2019.
Acts 1955, ch. 204, § 2; impl. am. Acts 1955, ch. 102, § 1; 1977, ch. 387, § 1; T.C.A., § 41-349; Acts 2000, ch. 947, § 8C.
Tenn. Code Ann. § 41-9-203 — TN Code / Title 41 / Chapter 9 / Section 41-9-203
Probationers - Eligibility - Reporting to work - Violations
Status: in_force

(a) Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303 , who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3) , and who have been assigned to the supervision of the county. (b) When a judge so places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the county community work project coordinator in the county in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer. (c) After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer. (d) If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment. Acts 1986, ch. 742, § 1.
(a) Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303 , who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3) , and who have been assigned to the supervision of the county.
(b) When a judge so places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the county community work project coordinator in the county in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(c) After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(d) If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.
Acts 1986, ch. 742, § 1.
Tenn. Code Ann. § 41-4-123 — TN Code / Title 41 / Chapter 4 / Section 41-4-123
Redelivery to place of trial
Status: in_force

The prisoner shall be delivered to the sheriff or deputy sheriff of the county from which the prisoner has been sent, on demand made immediately preceding or during the term at which the prisoner is triable. Code 1858, §5406; Shan., § 7384; Code 1932, § 11993; T.C.A. (orig. ed.), § 41-1127.
The prisoner shall be delivered to the sheriff or deputy sheriff of the county from which the prisoner has been sent, on demand made immediately preceding or during the term at which the prisoner is triable.
Code 1858, §5406; Shan., § 7384; Code 1932, § 11993; T.C.A. (orig. ed.), § 41-1127.
Tenn. Code Ann. § 41-4-122 — TN Code / Title 41 / Chapter 4 / Section 41-4-122
Guard for removal of prisoner
Status: in_force

The sheriff is authorized to employ as many as two (2) persons, if necessary, in removing a prisoner under § 41-4-121 , and each shall be allowed for such services as is provided for similar services in conveying inmates to the penitentiary. Code 1858, § 5405 (deriv. Acts 1835-1836, ch. 36, § 2); Shan., §7383; Code 1932, § 11992; T.C.A. (orig. ed.), § 41-1126.
The sheriff is authorized to employ as many as two (2) persons, if necessary, in removing a prisoner under § 41-4-121 , and each shall be allowed for such services as is provided for similar services in conveying inmates to the penitentiary.
Code 1858, § 5405 (deriv. Acts 1835-1836, ch. 36, § 2); Shan., §7383; Code 1932, § 11992; T.C.A. (orig. ed.), § 41-1126.
Tenn. Code Ann. § 41-2-144 — TN Code / Title 41 / Chapter 2 / Section 41-2-144
Inmate incentive program
Status: in_force

All counties in the state having duly adopted a consolidated or metropolitan form of government pursuant to title 7, chapter 1, and all counties of the state having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, shall institute an inmate incentive program for workhouse prisoners, as set out in § 41-2-145 . Acts 1973, ch. 100, § 1; 1977, ch. 395, § 2; T.C.A., § 41-1255.
All counties in the state having duly adopted a consolidated or metropolitan form of government pursuant to title 7, chapter 1, and all counties of the state having a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent federal census, shall institute an inmate incentive program for workhouse prisoners, as set out in § 41-2-145 .
Acts 1973, ch. 100, § 1; 1977, ch. 395, § 2; T.C.A., § 41-1255.
Tenn. Code Ann. § 41-21-104 — TN Code / Title 41 / Chapter 21 / Section 41-21-104
Delivery of copy of sentence
Status: in_force

A certified copy of the sentence shall be delivered with each inmate to the warden of the penitentiary and registered in a book kept by the warden for that purpose. Code 1858, § 5495; Shan., § 7515; Code 1932, § 12111; T.C.A. (orig. ed.), § 41-204.
A certified copy of the sentence shall be delivered with each inmate to the warden of the penitentiary and registered in a book kept by the warden for that purpose.
Code 1858, § 5495; Shan., § 7515; Code 1932, § 12111; T.C.A. (orig. ed.), § 41-204.
Tenn. Code Ann. § 41-6-205 — TN Code / Title 41 / Chapter 6 / Section 41-6-205
Receipt by inmates - Rules and regulations - Unemployment compensation
Status: in_force

(a) Any inmate of any institution employed pursuant to this part shall be entitled to receive, after deductions authorized in § 41-6-206 or under any law, wages earned by the inmate in performing work. Wages shall be made available to the inmate at those times the commissioner may prescribe pursuant to regulation, but in no event later than at the time of the inmate's release, by parole or otherwise, from confinement in a state penal or correctional institution. (b) The employment of inmates shall be subject to the Workers' Compensation Law, compiled in title 50, chapter 6. (c) As a condition of employment, inmates shall waive all rights to be included in the unemployment compensation program of the state. Acts 1977, ch. 151, § 5; T.C.A., § 41-2405.
(a) Any inmate of any institution employed pursuant to this part shall be entitled to receive, after deductions authorized in § 41-6-206 or under any law, wages earned by the inmate in performing work. Wages shall be made available to the inmate at those times the commissioner may prescribe pursuant to regulation, but in no event later than at the time of the inmate's release, by parole or otherwise, from confinement in a state penal or correctional institution.
(b) The employment of inmates shall be subject to the Workers' Compensation Law, compiled in title 50, chapter 6.
(c) As a condition of employment, inmates shall waive all rights to be included in the unemployment compensation program of the state.
Acts 1977, ch. 151, § 5; T.C.A., § 41-2405.
Tenn. Code Ann. § 41-3-101 — TN Code / Title 41 / Chapter 3 / Section 41-3-101
Municipal correctional houses authorized
Status: in_force

The authorities of any incorporated town may provide such lands, buildings and articles of any kind as may be necessary for a workhouse or house of correction for that town, may appoint suitable persons for the management of the workhouse or house of correction, and make all necessary bylaws and regulations for the government of the inmates, and cause the bylaws and regulations to be enforced. Code 1858, §5410; Shan., § 7390; mod. Code 1932, § 11999; T.C.A. (orig. ed.), § 41-1401.
The authorities of any incorporated town may provide such lands, buildings and articles of any kind as may be necessary for a workhouse or house of correction for that town, may appoint suitable persons for the management of the workhouse or house of correction, and make all necessary bylaws and regulations for the government of the inmates, and cause the bylaws and regulations to be enforced.
Code 1858, §5410; Shan., § 7390; mod. Code 1932, § 11999; T.C.A. (orig. ed.), § 41-1401.
Tenn. Code Ann. § 41-1-603 — TN Code / Title 41 / Chapter 1 / Section 41-1-603
Designation of judicial districts - Maximum number of inmates
Status: in_force

(a) The commissioner of correction may designate the judicial district or districts from which each regional workhouse may accept commitments. (b) The commissioner may further determine the number of inmates each institution may adequately house and may prorate the number among those judicial districts served by the institution. This prorated number shall be the maximum number of inmates committed from a given judicial district who may, without the commissioner's express approval, be housed in the institution at any one (1) time. Acts 1989, ch. 484, § 3; T.C.A. § 41-1-703.
(a) The commissioner of correction may designate the judicial district or districts from which each regional workhouse may accept commitments.
(b) The commissioner may further determine the number of inmates each institution may adequately house and may prorate the number among those judicial districts served by the institution. This prorated number shall be the maximum number of inmates committed from a given judicial district who may, without the commissioner's express approval, be housed in the institution at any one (1) time.
Acts 1989, ch. 484, § 3; T.C.A. § 41-1-703.
Tenn. Code Ann. § 41-22-101 — TN Code / Title 41 / Chapter 22 / Section 41-22-101
State farm
Status: in_force

The Tennessee rehabilitative initiative in correction (referred to in this part as TRICOR) board shall operate the state farm and all appurtenances to its full capacity in the cultivation and production of crops of the character and kind best suited to be grown and produced on the land, and for this purpose inmates of the penitentiaries shall be employed under such rules, regulations, and conditions as may be prescribed by the board. Acts 1915, ch. 114, § 2; Shan., § 7581a3; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12181; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-401; Acts 1994, ch. 737, § 6; 1996, ch. 564, § 2.
The Tennessee rehabilitative initiative in correction (referred to in this part as TRICOR) board shall operate the state farm and all appurtenances to its full capacity in the cultivation and production of crops of the character and kind best suited to be grown and produced on the land, and for this purpose inmates of the penitentiaries shall be employed under such rules, regulations, and conditions as may be prescribed by the board.
Acts 1915, ch. 114, § 2; Shan., § 7581a3; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12181; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-401; Acts 1994, ch. 737, § 6; 1996, ch. 564, § 2.
Tenn. Code Ann. § 41-21-402 — TN Code / Title 41 / Chapter 21 / Section 41-21-402
Solitary confinement - Solitary confinement of pregnant inmates and inmates who have given birth within the past eight weeks
Status: in_force

(a) Any inmate who neglects or refuses to perform the labor assigned, willfully injures any of the materials, implements or tools, engages in conversation with any other inmate or in any other manner violates any of the regulations of the penitentiary, may be punished by solitary confinement for a period not exceeding thirty (30) days for each offense, at the discretion of the warden or the person acting in the warden's place. (b) Every inmate punished by solitary confinement shall be shut up in a cell and fed with bread and water only during solitary confinement, unless the physician certifies to the warden that the health of the inmate requires other diet. (c) Solitary confinement is prohibited for pregnant inmates and inmates who have given birth within the past eight (8) weeks regardless of whether the purpose of confinement is for punishment or safekeeping, unless the inmate has demonstrated potential for self-harm, harm to the unborn child, or harm to other inmates or correction staff. A period of solitary confinement must be limited to the shortest time possible given the safety situation. The reasons for the use of solitary confinement must be documented in the inmate's medical record as appropriate. Amended by 2022 Tenn. Acts, ch. 1017, s 2, eff. 5/11/2022. Code 1858, §§ 5518, 5519 (deriv. Acts 1829, ch. 38, § 25); Shan., §§ 7537, 7538; Code 1932, §§ 12136, 12137; T.C.A. (orig. ed.), §§ 41-707, 41-719.
(a) Any inmate who neglects or refuses to perform the labor assigned, willfully injures any of the materials, implements or tools, engages in conversation with any other inmate or in any other manner violates any of the regulations of the penitentiary, may be punished by solitary confinement for a period not exceeding thirty (30) days for each offense, at the discretion of the warden or the person acting in the warden's place.
(b) Every inmate punished by solitary confinement shall be shut up in a cell and fed with bread and water only during solitary confinement, unless the physician certifies to the warden that the health of the inmate requires other diet.
(c) Solitary confinement is prohibited for pregnant inmates and inmates who have given birth within the past eight (8) weeks regardless of whether the purpose of confinement is for punishment or safekeeping, unless the inmate has demonstrated potential for self-harm, harm to the unborn child, or harm to other inmates or correction staff. A period of solitary confinement must be limited to the shortest time possible given the safety situation. The reasons for the use of solitary confinement must be documented in the inmate's medical record as appropriate.
Amended by 2022 Tenn. Acts, ch. 1017, s 2, eff. 5/11/2022.
Code 1858, §§ 5518, 5519 (deriv. Acts 1829, ch. 38, § 25); Shan., §§ 7537, 7538; Code 1932, §§ 12136, 12137; T.C.A. (orig. ed.), §§ 41-707, 41-719.
Tenn. Code Ann. § 41-4-139 — TN Code / Title 41 / Chapter 4 / Section 41-4-139
State prisoners - Payment to county or municipality for keeping
Status: in_force

(a) Whenever the chief executive officer of any county penal farm certifies on or before the tenth day of each month to the judicial cost accountant the state prisoners kept in the institution and the number of days each was kept in the institution during the preceding month, the judicial cost accountant shall cause to be paid to the county the subsidy for that county as fixed by provisions of chapter 8 of this title and the contracts entered into pursuant thereto. (b) For the purposes of this section, "county penal farm" is construed to include city jails in those municipalities that have concurrent jurisdiction with general sessions courts over state misdemeanors. The municipality shall be compensated in the same manner and conditions as counties are compensated. Acts 1970, ch. 520, § 1; 1972, ch. 534, § 1; 1976, ch. 828, § 1; 1977, ch. 404, § 4; T.C.A., § 41-1143; Acts 1984, ch. 896, § 6.
(a) Whenever the chief executive officer of any county penal farm certifies on or before the tenth day of each month to the judicial cost accountant the state prisoners kept in the institution and the number of days each was kept in the institution during the preceding month, the judicial cost accountant shall cause to be paid to the county the subsidy for that county as fixed by provisions of chapter 8 of this title and the contracts entered into pursuant thereto.
(b) For the purposes of this section, "county penal farm" is construed to include city jails in those municipalities that have concurrent jurisdiction with general sessions courts over state misdemeanors. The municipality shall be compensated in the same manner and conditions as counties are compensated.
Acts 1970, ch. 520, § 1; 1972, ch. 534, § 1; 1976, ch. 828, § 1; 1977, ch. 404, § 4; T.C.A., § 41-1143; Acts 1984, ch. 896, § 6.
Tenn. Code Ann. § 41-21-513 — TN Code / Title 41 / Chapter 21 / Section 41-21-513
Funds - Handling and disposition
Status: in_force

(a) Procedures for the handling of all funds as set forth in this part shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration. (b) Funds received by the state shall become departmental revenue and be earmarked for use by the division of rehabilitative services in allotments issued by the department of finance and administration. Acts 1970, ch. 471, § 12; T.C.A., § 41-1813.
(a) Procedures for the handling of all funds as set forth in this part shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration.
(b) Funds received by the state shall become departmental revenue and be earmarked for use by the division of rehabilitative services in allotments issued by the department of finance and administration.
Acts 1970, ch. 471, § 12; T.C.A., § 41-1813.
Tenn. Code Ann. § 41-8-108 — TN Code / Title 41 / Chapter 8 / Section 41-8-108
Commissioner to promulgate rules
Status: in_force

The commissioner is authorized and directed to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for purposes including, but not limited to: (1) General administration of the county incentive program; (2) Requirements for county plans; (3) Evaluation of plans submitted by counties; and (4) Termination of county participation. Acts 1981, ch. 491, § 8; T.C.A., § 41-10-108.
The commissioner is authorized and directed to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for purposes including, but not limited to:
(1) General administration of the county incentive program;
(2) Requirements for county plans;
(3) Evaluation of plans submitted by counties; and
(4) Termination of county participation.
Acts 1981, ch. 491, § 8; T.C.A., § 41-10-108.
Tenn. Code Ann. § 41-1-413 — TN Code / Title 41 / Chapter 1 / Section 41-1-413
Intermediate administrative sanctions to manage and assist probationers - Revocation of authority
Status: in_force

(a) When appropriate to better manage and assist probationers under their supervision, probation and parole officers employed by the department of correction shall have the authority to impose intermediate administrative sanctions, including, but not limited to, mandated participation in treatment programs designed to address an offender's risks and needs. The intermediate administrative sanctions shall be imposed in accordance with the treatment/supervision plan developed using a validated instrument to evaluate the individual risks and needs of the offender. (b) Trial courts may revoke the authority granted to probation and parole officers in subsection (a), by entering an order to that effect, in all cases for all defendants, in certain specified cases or for particular defendants. Acts 2009, ch. 452, § 2; 2012, ch. 727, § 55.
(a) When appropriate to better manage and assist probationers under their supervision, probation and parole officers employed by the department of correction shall have the authority to impose intermediate administrative sanctions, including, but not limited to, mandated participation in treatment programs designed to address an offender's risks and needs. The intermediate administrative sanctions shall be imposed in accordance with the treatment/supervision plan developed using a validated instrument to evaluate the individual risks and needs of the offender.
(b) Trial courts may revoke the authority granted to probation and parole officers in subsection (a), by entering an order to that effect, in all cases for all defendants, in certain specified cases or for particular defendants.
Acts 2009, ch. 452, § 2; 2012, ch. 727, § 55.
Tenn. Code Ann. § 41-21-813 — TN Code / Title 41 / Chapter 21 / Section 41-21-813
Inmate questionnaires
Status: in_force

In order to implement this part, a court may develop for its use a questionnaire to be completed and filed by the inmate. Acts 1996, ch. 913, § 1.
In order to implement this part, a court may develop for its use a questionnaire to be completed and filed by the inmate.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-1-509 — TN Code / Title 41 / Chapter 1 / Section 41-1-509
Transfers of inmates
Status: in_force

During any period in which reductions of release eligibility dates are authorized by §§ 41-1-503 - 41-1-507, the department of correction shall make every effort consistent with its classification policies to reduce overcrowding in particular institutions through transfers of inmates to other institutions. Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
During any period in which reductions of release eligibility dates are authorized by §§ 41-1-503 - 41-1-507, the department of correction shall make every effort consistent with its classification policies to reduce overcrowding in particular institutions through transfers of inmates to other institutions.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
Tenn. Code Ann. § 41-22-213 — TN Code / Title 41 / Chapter 22 / Section 41-22-213
Superintendents and guards
Status: in_force

The commissioner is authorized to employ and designate a person or persons as quarters and road superintendents and to employ as many guards as necessary in working inmates on the county roads, pikes, highways or railroads. Acts 1981, ch. 378, § 1; T.C.A., § 41-513.
The commissioner is authorized to employ and designate a person or persons as quarters and road superintendents and to employ as many guards as necessary in working inmates on the county roads, pikes, highways or railroads.
Acts 1981, ch. 378, § 1; T.C.A., § 41-513.
Tenn. Code Ann. § 41-51-302 — TN Code / Title 41 / Chapter 51 / Section 41-51-302
Regulatory authority
Status: in_force

The department of correction and the department of safety are authorized to promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2023 Tenn. Acts, ch. 461, s 1, eff. 1/1/2024.
The department of correction and the department of safety are authorized to promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 461, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 41-4-110 — TN Code / Title 41 / Chapter 4 / Section 41-4-110
Segregation of sexes
Status: in_force

Male and female prisoners, except husband and wife, shall not be kept in the same cell or room in jail. Code 1858, §5423; Shan., § 7434; Code 1932, § 12042; T.C.A. (orig. ed.), § 41-1110.
Male and female prisoners, except husband and wife, shall not be kept in the same cell or room in jail.
Code 1858, §5423; Shan., § 7434; Code 1932, § 12042; T.C.A. (orig. ed.), § 41-1110.
Tenn. Code Ann. § 41-21-205 — TN Code / Title 41 / Chapter 21 / Section 41-21-205
Censorship of mail
Status: in_force

The commissioner of correction, or the commissioner's designated representative, has the duty and is so empowered to establish rules, regulations and procedures regarding the opening, inspecting and reading of mailable items and letters sent to or from any inmate. The regulations shall be established so as to best promote the health, safety and welfare of all inmates. Code 1858, § 5525 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7544; Code 1932, § 12142; Acts 1972, ch. 576, § 16; T.C.A. (orig. ed.), § 41-323.
The commissioner of correction, or the commissioner's designated representative, has the duty and is so empowered to establish rules, regulations and procedures regarding the opening, inspecting and reading of mailable items and letters sent to or from any inmate. The regulations shall be established so as to best promote the health, safety and welfare of all inmates.
Code 1858, § 5525 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7544; Code 1932, § 12142; Acts 1972, ch. 576, § 16; T.C.A. (orig. ed.), § 41-323.
Tenn. Code Ann. § 41-21-603 — TN Code / Title 41 / Chapter 21 / Section 41-21-603
Compensation
Status: in_force

(a) Payment for services of the inmates shall be commensurate with payments for the same services to non-inmates, taking into consideration the special conditions of inmates. (b) No person other than a participating inmate or any certified medical personnel and pharmaceutical company employees directly involved in any drug testing or other medical experiment shall receive payment for services in connection with the testing or other experiment. Acts 1974, ch. 770, §§ 3,4; T.C.A., § 41-2203.
(a) Payment for services of the inmates shall be commensurate with payments for the same services to non-inmates, taking into consideration the special conditions of inmates.
(b) No person other than a participating inmate or any certified medical personnel and pharmaceutical company employees directly involved in any drug testing or other medical experiment shall receive payment for services in connection with the testing or other experiment.
Acts 1974, ch. 770, §§ 3,4; T.C.A., § 41-2203.
Tenn. Code Ann. § 41-21-304 — TN Code / Title 41 / Chapter 21 / Section 41-21-304
Depositions
Status: in_force

(a) In no civil case can an inmate be removed from the penitentiary to give personal attendance at court, but testimony may be taken by deposition, as in other cases, the party seeking the testimony being required to make affidavit that the inmate is a material witness in the cause. (b) The defendant in a state prosecution may, in like manner, take the testimony of a inmate in the defendant's behalf, notice being given to the district attorney general of the time of taking the deposition. Code 1858, §§ 5552, 5553 (deriv. Acts 1829, ch. 38, § 33); Shan., §§ 7574, 7575; Code 1932, §§ 12172, 12173; modified; T.C.A. (orig. ed.), §§ 41-604, 41-605.
(a) In no civil case can an inmate be removed from the penitentiary to give personal attendance at court, but testimony may be taken by deposition, as in other cases, the party seeking the testimony being required to make affidavit that the inmate is a material witness in the cause.
(b) The defendant in a state prosecution may, in like manner, take the testimony of a inmate in the defendant's behalf, notice being given to the district attorney general of the time of taking the deposition.
Code 1858, §§ 5552, 5553 (deriv. Acts 1829, ch. 38, § 33); Shan., §§ 7574, 7575; Code 1932, §§ 12172, 12173; modified; T.C.A. (orig. ed.), §§ 41-604, 41-605.
Tenn. Code Ann. § 41-6-203 — TN Code / Title 41 / Chapter 6 / Section 41-6-203
Scope of projects - Contracts with private enterprise - Inmate participation
Status: in_force

(a) The commissioner may establish and implement within the boundary of the present correctional facilities now established, or facilities that may be established in the future, certain demonstration-type projects involving the employment of inmates of the institutions by private industry. The projects shall also provide for the delivery of supportive services to inmates participating in the demonstration projects, including, but not limited to, training, education and counseling. (b) In establishing projects, the commissioner may enter into agreements, by contract, and subject to procedures to be approved by the procurement commission. Any construction required under any contract or agreement shall not be by the state of Tennessee, but shall be by private enterprise with any private enterprise pursuant to which such private enterprise may establish, by construction, lease or otherwise, facilities at the main facility for the purpose of carrying out industrial or other operations authorized in this part. Private corporations and their employees, excluding inmates, must be of good moral character. (c) The inmates' participation shall be on a voluntary basis. Acts 1977, ch. 151, § 3; T.C.A., § 41-2403; Acts 2011, ch. 295, § 19.
(a) The commissioner may establish and implement within the boundary of the present correctional facilities now established, or facilities that may be established in the future, certain demonstration-type projects involving the employment of inmates of the institutions by private industry. The projects shall also provide for the delivery of supportive services to inmates participating in the demonstration projects, including, but not limited to, training, education and counseling.
(b) In establishing projects, the commissioner may enter into agreements, by contract, and subject to procedures to be approved by the procurement commission. Any construction required under any contract or agreement shall not be by the state of Tennessee, but shall be by private enterprise with any private enterprise pursuant to which such private enterprise may establish, by construction, lease or otherwise, facilities at the main facility for the purpose of carrying out industrial or other operations authorized in this part. Private corporations and their employees, excluding inmates, must be of good moral character.
(c) The inmates' participation shall be on a voluntary basis.
Acts 1977, ch. 151, § 3; T.C.A., § 41-2403; Acts 2011, ch. 295, § 19.
Tenn. Code Ann. § 41-2-127 — TN Code / Title 41 / Chapter 2 / Section 41-2-127
Release of prisoners for occupational, scholastic or medical purposes
Status: in_force

(a) Counties having a population of six hundred thousand (600,000) or more, according to the 1960 federal census or any subsequent federal census, shall permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132. (b) All other counties of this state are authorized to permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132. Acts 1967, ch. 259, § 1; 1972, ch. 626, § 1; T.C.A., § 41-1237.
(a) Counties having a population of six hundred thousand (600,000) or more, according to the 1960 federal census or any subsequent federal census, shall permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132.
(b) All other counties of this state are authorized to permit certain prisoners to leave the workhouse or jail during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132.
Acts 1967, ch. 259, § 1; 1972, ch. 626, § 1; T.C.A., § 41-1237.
Tenn. Code Ann. § 41-1-115 — TN Code / Title 41 / Chapter 1 / Section 41-1-115
Persons authorized to possess otherwise prohibited items
Status: in_force

(a) The warden or superintendent of each state penal or correctional institution shall post in a conspicuous place in the institution and shall keep up to date a list of the names of guards, employees and other persons authorized to have in their possession while upon the grounds of the institution any of the contraband items listed in § 39-16-201(b)(1) , together with a complete description of the item or items the persons are authorized to have in their possession. (b) When and if the warden or superintendent authorizes any person not on the posted list to have possession, while upon the grounds of the institution, of any contraband item listed in § 39-16-201(b)(1) , the superintendent shall provide the person with written authorization. Acts 1961, ch. 143, § 2; T.C.A., § 41-133.
(a) The warden or superintendent of each state penal or correctional institution shall post in a conspicuous place in the institution and shall keep up to date a list of the names of guards, employees and other persons authorized to have in their possession while upon the grounds of the institution any of the contraband items listed in § 39-16-201(b)(1) , together with a complete description of the item or items the persons are authorized to have in their possession.
(b) When and if the warden or superintendent authorizes any person not on the posted list to have possession, while upon the grounds of the institution, of any contraband item listed in § 39-16-201(b)(1) , the superintendent shall provide the person with written authorization.
Acts 1961, ch. 143, § 2; T.C.A., § 41-133.
Tenn. Code Ann. § 41-12-103 — TN Code / Title 41 / Chapter 12 / Section 41-12-103
Purpose of authority
Status: in_force

The general purpose of an authority created pursuant to this part is declared to be that of: (1) Acquiring, constructing, equipping, maintaining, and operating a jail or workhouse or jails or workhouses and the usual facilities appertaining to those undertakings; (2) Enlarging, renovating, and improving such facilities; (3) Acquiring the necessary property for the facilities, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of the facilities, including real property, and in the sale or purchase of any such property to comply with state or local purchasing laws; and (4) Doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of those types of undertakings. Acts 2008, ch. 1092, § 4.
The general purpose of an authority created pursuant to this part is declared to be that of:
(1) Acquiring, constructing, equipping, maintaining, and operating a jail or workhouse or jails or workhouses and the usual facilities appertaining to those undertakings;
(2) Enlarging, renovating, and improving such facilities;
(3) Acquiring the necessary property for the facilities, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of the facilities, including real property, and in the sale or purchase of any such property to comply with state or local purchasing laws; and
(4) Doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of those types of undertakings.
Acts 2008, ch. 1092, § 4.
Tenn. Code Ann. § 41-22-123 — TN Code / Title 41 / Chapter 22 / Section 41-22-123
Disposition of proceeds - Quarterly statement
Status: in_force

(a) All receipts from the sale of prison products shall be placed to the credit of the TRICOR board, which, except as provided in this part, is authorized to expend such moneys from this fund as may be necessary to procure tools, supplies and materials, replace equipment and to employ personnel and otherwise defray the necessary expenses incident to the employment of inmates as provided in this part. (b) A profit and loss statement of TRICOR's operation must be prepared quarterly, within the month following the end of the quarter, and a copy of this statement, certified by the fiscal officer of TRICOR, must be sent to the commissioner of finance and administration. Amended by 2021 Tenn. Acts, ch. 257, s 1, eff. 4/28/2021. Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; mod. C. Supp. 1950, § 12209.6 (Williams, § 12209.11); impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 736, § 1; T.C.A. (orig. ed.), § 41-425; Acts 1994, ch. 737, § 17; 1996, ch. 564, § 2; 2003 , ch. 187, § 6.
(a) All receipts from the sale of prison products shall be placed to the credit of the TRICOR board, which, except as provided in this part, is authorized to expend such moneys from this fund as may be necessary to procure tools, supplies and materials, replace equipment and to employ personnel and otherwise defray the necessary expenses incident to the employment of inmates as provided in this part.
(b) A profit and loss statement of TRICOR's operation must be prepared quarterly, within the month following the end of the quarter, and a copy of this statement, certified by the fiscal officer of TRICOR, must be sent to the commissioner of finance and administration.
Amended by 2021 Tenn. Acts, ch. 257, s 1, eff. 4/28/2021.
Acts 1937, ch. 278, § 6; impl. am. Acts 1939, ch. 11, § 1; mod. C. Supp. 1950, § 12209.6 (Williams, § 12209.11); impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 736, § 1; T.C.A. (orig. ed.), § 41-425; Acts 1994, ch. 737, § 17; 1996, ch. 564, § 2; 2003 , ch. 187, § 6.
Tenn. Code Ann. § 41-9-103 — TN Code / Title 41 / Chapter 9 / Section 41-9-103
Probationers - Eligibility - Reporting for work - Violations
Status: in_force

(a) Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303 , and who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3) . (b) When a judge places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the work project coordinator in the judicial district in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer. (c) After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills, and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer. (d) If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment. Acts 1984, ch. 990, § 1.
(a) Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303 , and who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3) .
(b) When a judge places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the work project coordinator in the judicial district in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(c) After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills, and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(d) If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.
Acts 1984, ch. 990, § 1.
Tenn. Code Ann. § 41-2-149 — TN Code / Title 41 / Chapter 2 / Section 41-2-149
Work release programs - Litter removal - Participation
Status: in_force

(a) Except as provided in subsection (b), all persons sentenced to the county workhouse, either for a felony or misdemeanor conviction, in counties with an existing work release program whereby, among other things, prisoners remove litter and trash from public roads and other public areas, may be required to participate in the litter removal portion of that work release program during the period of the person's incarceration. (b) (1) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician, should not perform the labor for medical reasons. (2) Nothing in this section shall be construed as making persons convicted of the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 eligible to participate in a work release program, a litter removal program or receive sentence reduction credits as authorized by this section, nor shall this section be construed as altering or decreasing the penalties established by law for that offense. (c) All persons participating in the work release program required by this section shall receive sentence reduction credits for the work at the same rate as is provided in § 41-2-123(b)(3) . Acts 1989, ch. 511, §§ 1, 3.
(a) Except as provided in subsection (b), all persons sentenced to the county workhouse, either for a felony or misdemeanor conviction, in counties with an existing work release program whereby, among other things, prisoners remove litter and trash from public roads and other public areas, may be required to participate in the litter removal portion of that work release program during the period of the person's incarceration.
(b) (1) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician, should not perform the labor for medical reasons. (2) Nothing in this section shall be construed as making persons convicted of the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 eligible to participate in a work release program, a litter removal program or receive sentence reduction credits as authorized by this section, nor shall this section be construed as altering or decreasing the penalties established by law for that offense.
(1) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician, should not perform the labor for medical reasons.
(2) Nothing in this section shall be construed as making persons convicted of the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 eligible to participate in a work release program, a litter removal program or receive sentence reduction credits as authorized by this section, nor shall this section be construed as altering or decreasing the penalties established by law for that offense.
(c) All persons participating in the work release program required by this section shall receive sentence reduction credits for the work at the same rate as is provided in § 41-2-123(b)(3) .
Acts 1989, ch. 511, §§ 1, 3.
Tenn. Code Ann. § 41-4-113 — TN Code / Title 41 / Chapter 4 / Section 41-4-113
Night duty
Status: in_force

The sheriff or other person shall remain in the jail every night from eight o'clock p.m. (8:00 p.m.) to six o'clock a.m. (6:00 a.m.). Acts 1897, ch. 66, § 2; Shan., § 7440a2; Code 1932, § 12048; T.C.A. (orig. ed.), § 41-1113.
The sheriff or other person shall remain in the jail every night from eight o'clock p.m. (8:00 p.m.) to six o'clock a.m. (6:00 a.m.).
Acts 1897, ch. 66, § 2; Shan., § 7440a2; Code 1932, § 12048; T.C.A. (orig. ed.), § 41-1113.
Tenn. Code Ann. § 41-21-108 — TN Code / Title 41 / Chapter 21 / Section 41-21-108
Search of inmate and baggage
Status: in_force

The baggage and person of the inmate shall also be carefully searched and every instrument taken from the inmate by which the inmate may effect an escape. Code 1858, § 5500 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7518; Code 1932, § 12115; T.C.A. (orig. ed.), § 41-208.
The baggage and person of the inmate shall also be carefully searched and every instrument taken from the inmate by which the inmate may effect an escape.
Code 1858, § 5500 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7518; Code 1932, § 12115; T.C.A. (orig. ed.), § 41-208.
Tenn. Code Ann. § 41-21-309 — TN Code / Title 41 / Chapter 21 / Section 41-21-309
Return to penitentiary after testifying
Status: in_force

When an inmate has testified, the deputy and guard shall return the inmate to the penitentiary with all convenient speed. Code 1858, § 5557; Shan., § 7579; Code 1932, § 12177; T.C.A. (orig. ed.), § 41-610.
When an inmate has testified, the deputy and guard shall return the inmate to the penitentiary with all convenient speed.
Code 1858, § 5557; Shan., § 7579; Code 1932, § 12177; T.C.A. (orig. ed.), § 41-610.
Tenn. Code Ann. § 41-6-207 — TN Code / Title 41 / Chapter 6 / Section 41-6-207
Leasing land and facilities to private enterprise
Status: in_force

(a) In administering this section, the commissioner, as a part of or in connection with any agreement made pursuant to § 41-6-203 , may make available by lease or otherwise, land, together with improvements on the land, located at the prison facility, but within the exterior boundary of any state adult correction institution, for use by the private party to the agreement to provide employment in accordance with this chapter. (b) (1) The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements or facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission. (2) A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe. Acts 1977, ch. 151, § 7; T.C.A., § 41-2407; Acts 2010, ch. 796, § 2.
(a) In administering this section, the commissioner, as a part of or in connection with any agreement made pursuant to § 41-6-203 , may make available by lease or otherwise, land, together with improvements on the land, located at the prison facility, but within the exterior boundary of any state adult correction institution, for use by the private party to the agreement to provide employment in accordance with this chapter.
(b) (1) The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements or facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission. (2) A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe.
(1) The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements or facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission.
(2) A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe.
Acts 1977, ch. 151, § 7; T.C.A., § 41-2407; Acts 2010, ch. 796, § 2.
Tenn. Code Ann. § 41-21-101 — TN Code / Title 41 / Chapter 21 / Section 41-21-101
Escort furnished by commissioner
Status: in_force

The commissioner of correction shall designate some official or employee, or may appoint some other suitable person, to go after inmates, at the places of their conviction, and to take the inmates to such places as the commissioner may direct. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts. 1915, ch. 7, § 10; Shan., § 7516a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 42, 60; Code 1932, § 12113; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-201.
The commissioner of correction shall designate some official or employee, or may appoint some other suitable person, to go after inmates, at the places of their conviction, and to take the inmates to such places as the commissioner may direct.
Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts. 1915, ch. 7, § 10; Shan., § 7516a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 42, 60; Code 1932, § 12113; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-201.
Tenn. Code Ann. § 41-2-102 — TN Code / Title 41 / Chapter 2 / Section 41-2-102
Jail as workhouse
Status: in_force

Any county not having provided a separate workhouse may, through its county legislative body, declare its jail to be a workhouse, if the jail is, in the opinion of the members of the county legislative body, of sufficient capacity and suitable for the purpose. From and after the declaration the jail shall be known as, and shall be, the county workhouse, and the county shall have thereafter the benefit of all laws in the state applying to workhouses. Acts 1891, ch. 123, § 2; Shan., § 7399; Code 1932, §12005; impl. am. Acts 1978, ch. 934, §§ 36, 37; impl. am. Acts 1979, ch. 69, §1; T.C.A. (orig. ed.), § 41-1202.
Any county not having provided a separate workhouse may, through its county legislative body, declare its jail to be a workhouse, if the jail is, in the opinion of the members of the county legislative body, of sufficient capacity and suitable for the purpose. From and after the declaration the jail shall be known as, and shall be, the county workhouse, and the county shall have thereafter the benefit of all laws in the state applying to workhouses.
Acts 1891, ch. 123, § 2; Shan., § 7399; Code 1932, §12005; impl. am. Acts 1978, ch. 934, §§ 36, 37; impl. am. Acts 1979, ch. 69, §1; T.C.A. (orig. ed.), § 41-1202.
Tenn. Code Ann. § 41-24-116 — TN Code / Title 41 / Chapter 24 / Section 41-24-116
Escape from private prison or facility
Status: in_force

Section 39-16-606 shall apply to the appropriate official of a prison or facility operated by a private prison contractor when any inmate housed in the prison or facility escapes from the private contractor prison or facility. Acts 1998, ch. 829, § 1.
Section 39-16-606 shall apply to the appropriate official of a prison or facility operated by a private prison contractor when any inmate housed in the prison or facility escapes from the private contractor prison or facility.
Acts 1998, ch. 829, § 1.
Tenn. Code Ann. § 41-7-104 — TN Code / Title 41 / Chapter 7 / Section 41-7-104
Students eligible - Fees
Status: in_force

(a) In addition to correctional personnel from other jurisdictions within the state, students pursuing a degree with a major in any field within the area of criminal justice in a college or university of this state should also be eligible for enrollment and training at the institute, the same as if they were correctional personnel. (b) The institute may charge reasonable fees to cover costs of any food, lodging, instrumental materials, equipment or services furnished to trainees, as may be established by the board. (c) A fee of ten cents (10¢) shall be collected for each completed telephone call made by an inmate housed in a local jail or workhouse. Such fees shall be remitted by the telephone service provider to the state treasurer each quarter and credited to a special account in the state general fund designated as the local correctional officer training fund to be used exclusively to fund certification training provided through the institute for local correctional personnel within the state. The institute's board of control shall approve all expenditures from the fund. Funds deposited in the account shall not revert to the general fund at the end of any fiscal year. On or before February 1, 2013, and by February 1 of each subsequent year, the institute shall report to the chairs of the state and local government and finance, ways and means committees of the senate and the local government and finance, ways and means committees of the house of representatives on the fund's reserves and expenditures, which report shall include at least the following information for the prior calendar year: (1) The amount of available reserves; (2) The amount of expenditures made from the fund; and (3) The manner of making such expenditures. Amended by 2013 Tenn. Acts, ch. 236, s 73, eff. 4/19/2013. Acts 1974, ch. 733, § 6; T.C.A., § 41-2104; Acts 1984, ch. 938, §8; 2012 , ch. 972, § 1.
(a) In addition to correctional personnel from other jurisdictions within the state, students pursuing a degree with a major in any field within the area of criminal justice in a college or university of this state should also be eligible for enrollment and training at the institute, the same as if they were correctional personnel.
(b) The institute may charge reasonable fees to cover costs of any food, lodging, instrumental materials, equipment or services furnished to trainees, as may be established by the board.
(c) A fee of ten cents (10¢) shall be collected for each completed telephone call made by an inmate housed in a local jail or workhouse. Such fees shall be remitted by the telephone service provider to the state treasurer each quarter and credited to a special account in the state general fund designated as the local correctional officer training fund to be used exclusively to fund certification training provided through the institute for local correctional personnel within the state. The institute's board of control shall approve all expenditures from the fund. Funds deposited in the account shall not revert to the general fund at the end of any fiscal year. On or before February 1, 2013, and by February 1 of each subsequent year, the institute shall report to the chairs of the state and local government and finance, ways and means committees of the senate and the local government and finance, ways and means committees of the house of representatives on the fund's reserves and expenditures, which report shall include at least the following information for the prior calendar year: (1) The amount of available reserves; (2) The amount of expenditures made from the fund; and (3) The manner of making such expenditures.
(1) The amount of available reserves;
(2) The amount of expenditures made from the fund; and
(3) The manner of making such expenditures.
Amended by 2013 Tenn. Acts, ch. 236, s 73, eff. 4/19/2013.
Acts 1974, ch. 733, § 6; T.C.A., § 41-2104; Acts 1984, ch. 938, §8; 2012 , ch. 972, § 1.
Tenn. Code Ann. § 41-1-406 — TN Code / Title 41 / Chapter 1 / Section 41-1-406
Early release procedure
Status: in_force

There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits. Acts 1983, ch. 467, § 6.
There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits.
Acts 1983, ch. 467, § 6.
Tenn. Code Ann. § 41-22-412 — TN Code / Title 41 / Chapter 22 / Section 41-22-412
Volunteer status of board members
Status: in_force

Each board member is deemed to be a participant in a volunteer program as referenced in § 8-42-101 and is entitled to the same rights and privileges as prescribed in § 8-42-101 for volunteers. Acts 1994, ch. 737, § 1.
Each board member is deemed to be a participant in a volunteer program as referenced in § 8-42-101 and is entitled to the same rights and privileges as prescribed in § 8-42-101 for volunteers.
Acts 1994, ch. 737, § 1.
Tenn. Code Ann. § 41-2-147 — TN Code / Title 41 / Chapter 2 / Section 41-2-147
Certain prisoners in local jails or workhouses - Eligibility for work-related programs - Credits
Status: in_force

(a) The sheriff or administrative authority having responsibility for the custody of any person sentenced to a local jail or workhouse pursuant to former § 40-35-302 [repealed], § 40-35-306 [repealed], § 40-35-307 [repealed] or § 40-35-311 [repealed] or present § 40-35-302 , § 40-35-306 , § 40-35-307 or § 40-35-314 shall, when a person has become eligible for work related programs pursuant to those sections, be authorized to permit the person to perform any of the duties set out in § 41-2-123 or § 41-2-146 . (b) Work performed by a prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days. (c) Any prisoner receiving sentence credits under this section shall not be eligible for the sentence reduction authorized by § 41-2-111 . Acts 1984, ch. 841, § 1.
(a) The sheriff or administrative authority having responsibility for the custody of any person sentenced to a local jail or workhouse pursuant to former § 40-35-302 [repealed], § 40-35-306 [repealed], § 40-35-307 [repealed] or § 40-35-311 [repealed] or present § 40-35-302 , § 40-35-306 , § 40-35-307 or § 40-35-314 shall, when a person has become eligible for work related programs pursuant to those sections, be authorized to permit the person to perform any of the duties set out in § 41-2-123 or § 41-2-146 .
(b) Work performed by a prisoner under this section shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days.
(c) Any prisoner receiving sentence credits under this section shall not be eligible for the sentence reduction authorized by § 41-2-111 .
Acts 1984, ch. 841, § 1.
Tenn. Code Ann. § 41-22-411 — TN Code / Title 41 / Chapter 22 / Section 41-22-411
Performance evaluation
Status: in_force

Board performance shall be evaluated on the basis of the degree to which TRICOR accomplishes the elements of its mission. Performance shall be reported each year in an annual report by TRICOR through the board to the governor and to the general assembly through the state and local government committee of the senate and the state government committee of the house of representatives. Amended by 2021 Tenn. Acts, ch. 64, s 61, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 71, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1994, ch. 737, § 1; 2003 , ch. 187, § 30; 2011 , ch. 410, § 2(l).
Board performance shall be evaluated on the basis of the degree to which TRICOR accomplishes the elements of its mission. Performance shall be reported each year in an annual report by TRICOR through the board to the governor and to the general assembly through the state and local government committee of the senate and the state government committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 61, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 71, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1994, ch. 737, § 1; 2003 , ch. 187, § 30; 2011 , ch. 410, § 2(l).
Tenn. Code Ann. § 41-12-116 — TN Code / Title 41 / Chapter 12 / Section 41-12-116
Dissolution by joint certificate - Terms of agreement
Status: in_force

(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution or ordinance, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid and that the governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved. (b) Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution. Acts 2008, ch. 1092, § 17.
(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution or ordinance, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid and that the governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
(b) Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution.
Acts 2008, ch. 1092, § 17.
Tenn. Code Ann. § 41-22-207 — TN Code / Title 41 / Chapter 22 / Section 41-22-207
Contract with county
Status: in_force

The commissioner of correction may, in the commissioner's discretion, contract with a county for building highways, if that work is being done with state allocated funds. Such a contract shall be made only upon the authority of the governor and upon the approval of the commissioner of transportation, and all work under the contract shall be performed by inmates of the penitentiaries. Acts 1981, ch. 378, § 1; T.C.A., § 41-507.
The commissioner of correction may, in the commissioner's discretion, contract with a county for building highways, if that work is being done with state allocated funds. Such a contract shall be made only upon the authority of the governor and upon the approval of the commissioner of transportation, and all work under the contract shall be performed by inmates of the penitentiaries.
Acts 1981, ch. 378, § 1; T.C.A., § 41-507.
Tenn. Code Ann. § 41-24-109 — TN Code / Title 41 / Chapter 24 / Section 41-24-109
Monitoring of contractor performance - Reports
Status: in_force

In addition to other powers and duties prescribed by law, the commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the state and local government committee of the senate and the state government committee of the house of representatives or any other legislative committee regarding the performance of the contractor. The comptroller of the treasury shall audit the performance of the department of correction and the private contractor to ensure that the state is receiving the quality and level of services as described in the contract based upon the performance criteria, the monitoring process and any applicable sanctions that might be incurred. The comptroller shall report annually, or as otherwise requested, to the state and local government committee of the senate and the state government committee of the house of representatives. Amended by 2021 Tenn. Acts, ch. 64, s 65, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 75, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1986, ch. 932, § 9; 2001, ch. 132, §8; 2011 , ch. 410, § 2(q), (r).
In addition to other powers and duties prescribed by law, the commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the state and local government committee of the senate and the state government committee of the house of representatives or any other legislative committee regarding the performance of the contractor. The comptroller of the treasury shall audit the performance of the department of correction and the private contractor to ensure that the state is receiving the quality and level of services as described in the contract based upon the performance criteria, the monitoring process and any applicable sanctions that might be incurred. The comptroller shall report annually, or as otherwise requested, to the state and local government committee of the senate and the state government committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 65, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 75, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1986, ch. 932, § 9; 2001, ch. 132, §8; 2011 , ch. 410, § 2(q), (r).
Tenn. Code Ann. § 41-11-111 — TN Code / Title 41 / Chapter 11 / Section 41-11-111
Disposition of funds
Status: in_force

The reimbursements secured under this chapter shall be credited to the general fund of the county to be available for general fund purposes. The county mayor may determine the amount due the county under this chapter and render sworn statements of the amount due. These sworn statements shall be considered prima facie evidence of the amount due. Acts 1995, ch. 522, §12; 2003 , ch. 90, § 2.
The reimbursements secured under this chapter shall be credited to the general fund of the county to be available for general fund purposes. The county mayor may determine the amount due the county under this chapter and render sworn statements of the amount due. These sworn statements shall be considered prima facie evidence of the amount due.
Acts 1995, ch. 522, §12; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-7-107 — TN Code / Title 41 / Chapter 7 / Section 41-7-107
Authority to acquire site and construct building - Interim facilities furnished by state universities
Status: in_force

(a) The state building commission is authorized and empowered to acquire a site or sites to construct a suitable building or buildings for conducting the programs of the institute. The commission may accept from any agency or department of state or local government a site or building by gift, donation or loan and in that event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of the facility. (b) Until a facility is constructed or acquired, the institute shall conduct its programs in facilities furnished by Tennessee State University or Middle Tennessee State University. Acts 1974, ch. 733, § 8; T.C.A., § 41-2108.
(a) The state building commission is authorized and empowered to acquire a site or sites to construct a suitable building or buildings for conducting the programs of the institute. The commission may accept from any agency or department of state or local government a site or building by gift, donation or loan and in that event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of the facility.
(b) Until a facility is constructed or acquired, the institute shall conduct its programs in facilities furnished by Tennessee State University or Middle Tennessee State University.
Acts 1974, ch. 733, § 8; T.C.A., § 41-2108.
Tenn. Code Ann. § 41-1-412 — TN Code / Title 41 / Chapter 1 / Section 41-1-412
Development of offender reentry programs
Status: in_force

(a) The trial courts and the department of correction shall coordinate efforts to prepare offenders for reentry into society. To that end, it is the intent of the general assembly that validated risks/needs assessment instruments shall be used to develop offender reentry plans. (b) In preparing presentence reports in accordance with § 40-35-207 , the department of correction shall include information identifying the defendant's risks and needs as determined through the use of a validated assessment instrument, along with recommended treatment programs to address the risks and needs and enhance the defendant's opportunity for successful reentry into the community. (c) The department of correction shall develop an individual treatment/supervision plan for each offender in its custody or under its supervision to enhance the offender's opportunity for successful reentry into the community. The plan shall be developed using a validated instrument to evaluate the individual risks and needs of the offender. Acts 2009, ch. 452, § 1; 2012, ch. 727, § 54.
(a) The trial courts and the department of correction shall coordinate efforts to prepare offenders for reentry into society. To that end, it is the intent of the general assembly that validated risks/needs assessment instruments shall be used to develop offender reentry plans.
(b) In preparing presentence reports in accordance with § 40-35-207 , the department of correction shall include information identifying the defendant's risks and needs as determined through the use of a validated assessment instrument, along with recommended treatment programs to address the risks and needs and enhance the defendant's opportunity for successful reentry into the community.
(c) The department of correction shall develop an individual treatment/supervision plan for each offender in its custody or under its supervision to enhance the offender's opportunity for successful reentry into the community. The plan shall be developed using a validated instrument to evaluate the individual risks and needs of the offender.
Acts 2009, ch. 452, § 1; 2012, ch. 727, § 54.
Tenn. Code Ann. § 41-21-105 — TN Code / Title 41 / Chapter 21 / Section 41-21-105
Copy of indictment furnished
Status: in_force

(a) (1) Clerks of the criminal and circuit courts of the state are required to furnish the wardens of the state prisons certified copies of all indictments against persons convicted in those courts and sentenced to state prison, at the same time the clerk furnishes the warden copies of the judgment and commitment papers on the convicted person. (2) For every certified copy of an indictment furnished the warden by the clerks, they shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed and paid as other criminal costs are taxed and paid in criminal cases. (b) The clerks of the criminal and circuit courts also shall furnish the central records division of the department of correction a copy of the indictment, judgment and commitment papers of persons convicted of a felony and sentenced to serve a sentence in a local detention facility, for which the clerks shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed as other criminal costs and paid in criminal cases. Acts 1945, ch. 174, § 1; C. Supp. 1950, § 12111.1; Acts 1965, ch. 355, § 5; 1976, ch. 547, § 1; T.C.A. (orig. ed.), § 41-205.
(a) (1) Clerks of the criminal and circuit courts of the state are required to furnish the wardens of the state prisons certified copies of all indictments against persons convicted in those courts and sentenced to state prison, at the same time the clerk furnishes the warden copies of the judgment and commitment papers on the convicted person. (2) For every certified copy of an indictment furnished the warden by the clerks, they shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed and paid as other criminal costs are taxed and paid in criminal cases.
(1) Clerks of the criminal and circuit courts of the state are required to furnish the wardens of the state prisons certified copies of all indictments against persons convicted in those courts and sentenced to state prison, at the same time the clerk furnishes the warden copies of the judgment and commitment papers on the convicted person.
(2) For every certified copy of an indictment furnished the warden by the clerks, they shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed and paid as other criminal costs are taxed and paid in criminal cases.
(b) The clerks of the criminal and circuit courts also shall furnish the central records division of the department of correction a copy of the indictment, judgment and commitment papers of persons convicted of a felony and sentenced to serve a sentence in a local detention facility, for which the clerks shall be paid a fee of one dollar and twenty-five cents ($1.25), which shall be taxed as other criminal costs and paid in criminal cases.
Acts 1945, ch. 174, § 1; C. Supp. 1950, § 12111.1; Acts 1965, ch. 355, § 5; 1976, ch. 547, § 1; T.C.A. (orig. ed.), § 41-205.
Tenn. Code Ann. § 41-4-120 — TN Code / Title 41 / Chapter 4 / Section 41-4-120
Board in guarding prisoner
Status: in_force

Whenever any officer has to pay necessary expenses for board in guarding a prisoner, the expenses shall be allowed to the officer, to be taxed in the bill of costs not to exceed thirty-five cents (35¢) per meal each for the officer, the prisoner and the guard. Acts 1859-1860, ch. 28, § 4; Shan., § 7379; mod. Code 1932, §11988; T.C.A. (orig. ed.), § 41-1122.
Whenever any officer has to pay necessary expenses for board in guarding a prisoner, the expenses shall be allowed to the officer, to be taxed in the bill of costs not to exceed thirty-five cents (35¢) per meal each for the officer, the prisoner and the guard.
Acts 1859-1860, ch. 28, § 4; Shan., § 7379; mod. Code 1932, §11988; T.C.A. (orig. ed.), § 41-1122.
Tenn. Code Ann. § 41-21-221 — TN Code / Title 41 / Chapter 21 / Section 41-21-221
Examination and disposition of deceased inmate
Status: in_force

(a) Whenever an inmate dies in the penitentiary, the warden shall forthwith notify the commissioner of correction, if practicable, and summon at least one (1) licensed physician of the county of the prison to examine the body of the deceased, whose duty it is to attend and ascertain, as nearly as may be, the cause of death, and report the cause to the commissioner. The warden shall also notify the county medical examiner or the state chief medical examiner in accordance with title 38, chapter 7. (b) Disposition of the body must be consistent with the provisions for the disposition of dead bodies in accordance with title 68, chapter 4. Amended by 2022 Tenn. Acts, ch. 933, s 1, eff. 4/29/2022. Code 1858, §§ 5529, 5530; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1899, ch. 206; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7548, 7549; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12147, 12148; impl. am. Acts 1955, ch. 102; 1972, ch. 576, § 19; T.C.A. (orig. ed.), §§ 41-344, 41-345.
(a) Whenever an inmate dies in the penitentiary, the warden shall forthwith notify the commissioner of correction, if practicable, and summon at least one (1) licensed physician of the county of the prison to examine the body of the deceased, whose duty it is to attend and ascertain, as nearly as may be, the cause of death, and report the cause to the commissioner. The warden shall also notify the county medical examiner or the state chief medical examiner in accordance with title 38, chapter 7.
(b) Disposition of the body must be consistent with the provisions for the disposition of dead bodies in accordance with title 68, chapter 4.
Amended by 2022 Tenn. Acts, ch. 933, s 1, eff. 4/29/2022.
Code 1858, §§ 5529, 5530; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1899, ch. 206; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7548, 7549; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12147, 12148; impl. am. Acts 1955, ch. 102; 1972, ch. 576, § 19; T.C.A. (orig. ed.), §§ 41-344, 41-345.
Tenn. Code Ann. § 41-6-202 — TN Code / Title 41 / Chapter 6 / Section 41-6-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of correction; (2) "Department" means the department of correction; (3) "P.I.E. program" means a joint venture authorized by the TRICOR board as provided for in § 41-22-116(e) for the employment of inmates by private industries; (4) "TRICOR" means the Tennessee rehabilitative initiative in correction board which institutes inmate programs described in § 41-22-402 ; and (5) "TRICOR board" means the board created pursuant to § 41-22-404 with the authority to manage and operate TRICOR programs. Acts 1977, ch. 151, § 2; T.C.A., § 41-2402; Acts 2010, ch. 796, § 1.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of correction;
(2) "Department" means the department of correction;
(3) "P.I.E. program" means a joint venture authorized by the TRICOR board as provided for in § 41-22-116(e) for the employment of inmates by private industries;
(4) "TRICOR" means the Tennessee rehabilitative initiative in correction board which institutes inmate programs described in § 41-22-402 ; and
(5) "TRICOR board" means the board created pursuant to § 41-22-404 with the authority to manage and operate TRICOR programs.
Acts 1977, ch. 151, § 2; T.C.A., § 41-2402; Acts 2010, ch. 796, § 1.
Tenn. Code Ann. § 41-22-403 — TN Code / Title 41 / Chapter 22 / Section 41-22-403
Legislative intent
Status: in_force

The intent of the general assembly and the policy of the state regarding the labor of inmates within the correctional system is as follows: (1) The department of correction is responsible for establishing and assigning inmates to the following inmate programs: (A) Academic and vocational education; (B) Special needs programming; (C) Inmate jobs necessary for supporting the operations of the prisons; and (D) Inmate jobs providing services to the community, appropriately based on the custody level of the inmate as determined by department of correction policy; (2) TRICOR has a mission to accomplish the following objectives: (A) Work inmates in manufacturing, business services or agricultural jobs; (B) Offset the costs of incarceration by generating revenue through the sale of products or business services; (C) Develop work opportunities that minimize the impact on free-world jobs; (D) Integrate work opportunities with education and vocational training; (E) Develop good work habits and marketable skills; (F) Develop and operate a post-release placement system; and (G) Provide or create other programs and services as deemed necessary by TRICOR to support an inmate's rehabilitation and reintegration efforts; and (3) (A) The board created in § 41-22-404 is responsible for developing jobs, training and selecting department of correction inmates for participation in industry, business services or agricultural programs and for the sale of products or services for the purpose of generating revenue to offset the costs of incarceration. (B) The department is responsible for assigning inmates to TRICOR jobs that are developed by the board of directors established in § 41-22-404 . Acts 1994, ch. 737, § 1; 2001, ch. 289, § 2; 2003, ch. 187, §§ 10, 11.
The intent of the general assembly and the policy of the state regarding the labor of inmates within the correctional system is as follows:
(1) The department of correction is responsible for establishing and assigning inmates to the following inmate programs: (A) Academic and vocational education; (B) Special needs programming; (C) Inmate jobs necessary for supporting the operations of the prisons; and (D) Inmate jobs providing services to the community, appropriately based on the custody level of the inmate as determined by department of correction policy;
(A) Academic and vocational education;
(B) Special needs programming;
(C) Inmate jobs necessary for supporting the operations of the prisons; and
(D) Inmate jobs providing services to the community, appropriately based on the custody level of the inmate as determined by department of correction policy;
(2) TRICOR has a mission to accomplish the following objectives: (A) Work inmates in manufacturing, business services or agricultural jobs; (B) Offset the costs of incarceration by generating revenue through the sale of products or business services; (C) Develop work opportunities that minimize the impact on free-world jobs; (D) Integrate work opportunities with education and vocational training; (E) Develop good work habits and marketable skills; (F) Develop and operate a post-release placement system; and (G) Provide or create other programs and services as deemed necessary by TRICOR to support an inmate's rehabilitation and reintegration efforts; and
(A) Work inmates in manufacturing, business services or agricultural jobs;
(B) Offset the costs of incarceration by generating revenue through the sale of products or business services;
(C) Develop work opportunities that minimize the impact on free-world jobs;
(D) Integrate work opportunities with education and vocational training;
(E) Develop good work habits and marketable skills;
(F) Develop and operate a post-release placement system; and
(G) Provide or create other programs and services as deemed necessary by TRICOR to support an inmate's rehabilitation and reintegration efforts; and
(3) (A) The board created in § 41-22-404 is responsible for developing jobs, training and selecting department of correction inmates for participation in industry, business services or agricultural programs and for the sale of products or services for the purpose of generating revenue to offset the costs of incarceration. (B) The department is responsible for assigning inmates to TRICOR jobs that are developed by the board of directors established in § 41-22-404 .
(A) The board created in § 41-22-404 is responsible for developing jobs, training and selecting department of correction inmates for participation in industry, business services or agricultural programs and for the sale of products or services for the purpose of generating revenue to offset the costs of incarceration.
(B) The department is responsible for assigning inmates to TRICOR jobs that are developed by the board of directors established in § 41-22-404 .
Acts 1994, ch. 737, § 1; 2001, ch. 289, § 2; 2003, ch. 187, §§ 10, 11.
Tenn. Code Ann. § 41-21-808 — TN Code / Title 41 / Chapter 21 / Section 41-21-808
Award of costs - Requirement of payment of costs - Withdrawal from inmate's trust account - Separate from other methods of collection - Additional payments
Status: in_force

(a) Judgment may be rendered for costs at the conclusion of the suit, action, claim or appeal as in other proceedings. If the judgment against the inmate includes the payment of costs, the inmate shall be required to pay the full amount of costs ordered. (b) The clerk of the court shall mail a copy of the court's judgment taxing costs against the inmate to the department or county jail, as appropriate. On receipt of a copy of the judgment, the department or county jail shall withdraw funds from the inmate's trust account in the amounts provided by § 41-21-807(b) for the collection of filing fees and shall forward the collected funds to the clerk of the court until the costs are paid in full or the inmate is released from confinement. (c) This section establishes an additional method for collecting costs separate from an execution or garnishment under title 26. The provisions of title 26, chapter 2 relative to exemptions and garnishments shall not apply to collections made pursuant to this section. In addition to collecting costs under this section, the clerk of the court may pursue any other means of collection provided for by law. (d) An inmate may authorize payments to the clerk of the court in addition to those payments authorized by this section. Acts 1996, ch. 913, § 1; 2001, ch. 76, § 3; 2002, ch. 607, § 1.
(a) Judgment may be rendered for costs at the conclusion of the suit, action, claim or appeal as in other proceedings. If the judgment against the inmate includes the payment of costs, the inmate shall be required to pay the full amount of costs ordered.
(b) The clerk of the court shall mail a copy of the court's judgment taxing costs against the inmate to the department or county jail, as appropriate. On receipt of a copy of the judgment, the department or county jail shall withdraw funds from the inmate's trust account in the amounts provided by § 41-21-807(b) for the collection of filing fees and shall forward the collected funds to the clerk of the court until the costs are paid in full or the inmate is released from confinement.
(c) This section establishes an additional method for collecting costs separate from an execution or garnishment under title 26. The provisions of title 26, chapter 2 relative to exemptions and garnishments shall not apply to collections made pursuant to this section. In addition to collecting costs under this section, the clerk of the court may pursue any other means of collection provided for by law.
(d) An inmate may authorize payments to the clerk of the court in addition to those payments authorized by this section.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 3; 2002, ch. 607, § 1.
Tenn. Code Ann. § 41-6-206 — TN Code / Title 41 / Chapter 6 / Section 41-6-206
Deductions
Status: in_force

(a) Any inmate employed pursuant to this part shall, in accordance with procedures established by the commissioner, pay from the wages received for work, and the commissioner may deduct from those wages, the following deductions, which shall not, in the aggregate, exceed eighty percent (80%) of gross wages and which shall be limited as follows: (1) Taxes, federal, state, local; (2) Reasonable charges for room and board, as determined by the commissioner; (3) Allocations for support of family pursuant to state statute, court order or agreement by the offender; (4) Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and (5) All remaining wages to the inmate's personal trust fund. (b) Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by regulations prescribe. Acts 1977, ch. 151, § 6; T.C.A., § 41-2406; Acts 1991, ch. 78, § 4.
(a) Any inmate employed pursuant to this part shall, in accordance with procedures established by the commissioner, pay from the wages received for work, and the commissioner may deduct from those wages, the following deductions, which shall not, in the aggregate, exceed eighty percent (80%) of gross wages and which shall be limited as follows: (1) Taxes, federal, state, local; (2) Reasonable charges for room and board, as determined by the commissioner; (3) Allocations for support of family pursuant to state statute, court order or agreement by the offender; (4) Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and (5) All remaining wages to the inmate's personal trust fund.
(1) Taxes, federal, state, local;
(2) Reasonable charges for room and board, as determined by the commissioner;
(3) Allocations for support of family pursuant to state statute, court order or agreement by the offender;
(4) Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and
(5) All remaining wages to the inmate's personal trust fund.
(b) Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by regulations prescribe.
Acts 1977, ch. 151, § 6; T.C.A., § 41-2406; Acts 1991, ch. 78, § 4.
Tenn. Code Ann. § 41-2-140 — TN Code / Title 41 / Chapter 2 / Section 41-2-140
Disbursement of wages - Duty of warden
Status: in_force

The warden of the workhouse shall be responsible for the receipt and disbursement of all wages earned by a participating prisoner, and the wages shall be received, disbursed and accounted for in the fashion directed by the finance director of a metropolitan government. Acts 1967, ch. 285, § 8; 1973, ch. 87, § 1; T.C.A., § 41-1251.
The warden of the workhouse shall be responsible for the receipt and disbursement of all wages earned by a participating prisoner, and the wages shall be received, disbursed and accounted for in the fashion directed by the finance director of a metropolitan government.
Acts 1967, ch. 285, § 8; 1973, ch. 87, § 1; T.C.A., § 41-1251.
Tenn. Code Ann. § 41-23-101 — TN Code / Title 41 / Chapter 23 / Section 41-23-101
Short title
Status: in_force

This part shall be known and may be cited as the "Interstate Corrections Compact." Acts 1973, ch. 32, § 1; T.C.A., § 41-1901.
This part shall be known and may be cited as the "Interstate Corrections Compact."
Acts 1973, ch. 32, § 1; T.C.A., § 41-1901.
Tenn. Code Ann. § 41-8-112 — TN Code / Title 41 / Chapter 8 / Section 41-8-112
Repayment of loans - County's failure to remit
Status: in_force

(a) The county shall pledge its full faith and credit for the repayment of a loan pursuant to this chapter. (b) In the event any county having entered into a loan contract pursuant to this chapter fails to remit funds in accordance with any amortization schedule established for the loan, the commissioner of finance and administration shall deliver by certified mail a written notice of the failure to the county. In the event the county fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner of finance and administration may, without further authorization, withhold that sum or part of that sum from any state-shared taxes that are otherwise apportioned to the county. Acts 1981, ch. 491, § 12; T.C.A., § 41-10-112.
(a) The county shall pledge its full faith and credit for the repayment of a loan pursuant to this chapter.
(b) In the event any county having entered into a loan contract pursuant to this chapter fails to remit funds in accordance with any amortization schedule established for the loan, the commissioner of finance and administration shall deliver by certified mail a written notice of the failure to the county. In the event the county fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner of finance and administration may, without further authorization, withhold that sum or part of that sum from any state-shared taxes that are otherwise apportioned to the county.
Acts 1981, ch. 491, § 12; T.C.A., § 41-10-112.
Tenn. Code Ann. § 41-2-112 — TN Code / Title 41 / Chapter 2 / Section 41-2-112
Fine accompanying sentence to workhouse
Status: in_force

When any person is sentenced to the workhouse, the judge of the court trying the case shall fix the fine in each case against the prisoner at a sum equal to the state and county tax provided by law; provided, that a greater fine may be entered, in the discretion of the court. Acts 1891, ch. 123, § 13; Shan., § 7418; Code 1932, §12027; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1220.
When any person is sentenced to the workhouse, the judge of the court trying the case shall fix the fine in each case against the prisoner at a sum equal to the state and county tax provided by law; provided, that a greater fine may be entered, in the discretion of the court.
Acts 1891, ch. 123, § 13; Shan., § 7418; Code 1932, §12027; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1220.
Tenn. Code Ann. § 41-21-103 — TN Code / Title 41 / Chapter 21 / Section 41-21-103
Reception on commutation of sentence
Status: in_force

The warden shall also receive into the penitentiary, under the order of the governor, any person convicted of any crime punishable with death or other punishment, where the sentence is commuted to imprisonment, either for life or a term of years in the penitentiary, and confine that person according to the terms of the commutation. Code 1858, § 5496; Shan., § 7516; Code 1932, § 12112; T.C.A. (orig. ed.), § 41-203.
The warden shall also receive into the penitentiary, under the order of the governor, any person convicted of any crime punishable with death or other punishment, where the sentence is commuted to imprisonment, either for life or a term of years in the penitentiary, and confine that person according to the terms of the commutation.
Code 1858, § 5496; Shan., § 7516; Code 1932, § 12112; T.C.A. (orig. ed.), § 41-203.
Tenn. Code Ann. § 41-1-103 — TN Code / Title 41 / Chapter 1 / Section 41-1-103
Oath of officers and employees
Status: in_force

(a) All officers and other persons so employed to control and manage the penitentiary for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution. (b) The oaths of the assistant or deputy commissioners, wardens and superintendents shall be filed with the secretary of state. The oaths of all other employees shall be filed with the commissioner of correction. (c) The violation of this oath by any of the officers or employees shall be perjury, punishable as in other cases of perjury. Code 1858, § 5453; Acts 1871, ch. 94, § 8; impl. am. Acts 1883, ch. 171, § 20; Acts 1895 (Ex. Sess.), ch. 7, § 9; Shan., § 7461; mod. Code 1932, § 12064; T.C.A. (orig. ed.), § 41-103; Acts 1984, ch. 659, § 1.
(a) All officers and other persons so employed to control and manage the penitentiary for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution.
I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution.
(b) The oaths of the assistant or deputy commissioners, wardens and superintendents shall be filed with the secretary of state. The oaths of all other employees shall be filed with the commissioner of correction.
(c) The violation of this oath by any of the officers or employees shall be perjury, punishable as in other cases of perjury.
Code 1858, § 5453; Acts 1871, ch. 94, § 8; impl. am. Acts 1883, ch. 171, § 20; Acts 1895 (Ex. Sess.), ch. 7, § 9; Shan., § 7461; mod. Code 1932, § 12064; T.C.A. (orig. ed.), § 41-103; Acts 1984, ch. 659, § 1.
Tenn. Code Ann. § 41-1-112 — TN Code / Title 41 / Chapter 1 / Section 41-1-112
Actions by commissioner
Status: in_force

(a) The commissioner is authorized to sue and to prosecute suits in the commissioner's own name as the commissioner, with reference to all matters pertaining to the penitentiary affairs of the state at the main prison, for the enforcement of all contracts made by the commissioner or by the commissioner's authority, for the collection of all debts or demands due the department of correction and to protect the property of the state in the commissioner's charge in the department. (b) (1) The commissioner is authorized to sue and to prosecute suits: (A) For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines; (B) To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and (C) As to any and all matters growing out of the state coal mining enterprise. (2) These suits shall be brought and prosecuted in the commissioner's own name or in the name of the Brushy Mountain Coal Mines. Acts 1903, ch. 278, §§ 1, 2; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7474a1, 7474a2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 12070, 12071; T.C.A. (orig. ed.), §§ 41-127, 41-128.
(a) The commissioner is authorized to sue and to prosecute suits in the commissioner's own name as the commissioner, with reference to all matters pertaining to the penitentiary affairs of the state at the main prison, for the enforcement of all contracts made by the commissioner or by the commissioner's authority, for the collection of all debts or demands due the department of correction and to protect the property of the state in the commissioner's charge in the department.
(b) (1) The commissioner is authorized to sue and to prosecute suits: (A) For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines; (B) To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and (C) As to any and all matters growing out of the state coal mining enterprise. (2) These suits shall be brought and prosecuted in the commissioner's own name or in the name of the Brushy Mountain Coal Mines.
(1) The commissioner is authorized to sue and to prosecute suits: (A) For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines; (B) To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and (C) As to any and all matters growing out of the state coal mining enterprise.
(A) For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines;
(B) To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and
(C) As to any and all matters growing out of the state coal mining enterprise.
(2) These suits shall be brought and prosecuted in the commissioner's own name or in the name of the Brushy Mountain Coal Mines.
Acts 1903, ch. 278, §§ 1, 2; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7474a1, 7474a2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 12070, 12071; T.C.A. (orig. ed.), §§ 41-127, 41-128.
Tenn. Code Ann. § 41-4-105 — TN Code / Title 41 / Chapter 4 / Section 41-4-105
Federal prisoners
Status: in_force

The jailer is liable for failing to receive and safely keep all persons delivered under the authority of the United States, to the like pains and penalties as for similar failures in the case of persons committed under authority of the state; however, the marshal or person delivering a prisoner under authority of the United States is liable to the jailer for fees and the subsistence of the prisoner while so confined, which shall be the same as provided by law for prisoners committed under authority of the state. The jailer will also collect from the marshal fifty cents (50¢) a month for each prisoner, under the resolution of the first congress, and pay the same to the county trustee forthwith, to be accounted for by the trustee as other county funds. Code 1858, §§ 5397-5399 (deriv. Acts 1801, ch. 31, §§ 1, 2); Shan., §§ 7372-7374; Code 1932, §§ 11981-11983; T.C.A. (orig. ed.), § 41-1105.
The jailer is liable for failing to receive and safely keep all persons delivered under the authority of the United States, to the like pains and penalties as for similar failures in the case of persons committed under authority of the state; however, the marshal or person delivering a prisoner under authority of the United States is liable to the jailer for fees and the subsistence of the prisoner while so confined, which shall be the same as provided by law for prisoners committed under authority of the state. The jailer will also collect from the marshal fifty cents (50¢) a month for each prisoner, under the resolution of the first congress, and pay the same to the county trustee forthwith, to be accounted for by the trustee as other county funds.
Code 1858, §§ 5397-5399 (deriv. Acts 1801, ch. 31, §§ 1, 2); Shan., §§ 7372-7374; Code 1932, §§ 11981-11983; T.C.A. (orig. ed.), § 41-1105.
Tenn. Code Ann. § 41-8-101 — TN Code / Title 41 / Chapter 8 / Section 41-8-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "County Correctional Incentives Act of 1981." Acts 1981, ch. 491, § 1; T.C.A., § 41-10-101 .
This chapter shall be known and may be cited as the "County Correctional Incentives Act of 1981."
Acts 1981, ch. 491, § 1; T.C.A., § 41-10-101 .
Tenn. Code Ann. § 41-4-104 — TN Code / Title 41 / Chapter 4 / Section 41-4-104
Inmates en route to penitentiary
Status: in_force

It is the duty of the jailer to receive and safely keep, without any fee therefor, all inmates on their way to the penitentiary, whenever the sheriff or other officer in charge of such inmates may deem it necessary. Code 1858, §5409; Shan., § 7387; Code 1932, § 11996; T.C.A. (orig. ed.), § 41-1104.
It is the duty of the jailer to receive and safely keep, without any fee therefor, all inmates on their way to the penitentiary, whenever the sheriff or other officer in charge of such inmates may deem it necessary.
Code 1858, §5409; Shan., § 7387; Code 1932, § 11996; T.C.A. (orig. ed.), § 41-1104.
Tenn. Code Ann. § 41-2-101 — TN Code / Title 41 / Chapter 2 / Section 41-2-101
Workhouses authorized
Status: in_force

(a) The counties, through their county legislative bodies, are authorized and empowered to establish, construct and maintain portable, movable or stationary workhouses, as the legislative bodies may, in their discretion and wisdom, deem advisable for the best interest of the county. Prisoners receiving workhouse sentences by the circuit or criminal court of the county shall be sentenced to the workhouse as may be provided by the county legislative body. (b) The county legislative body may provide the lands, buildings and articles of any kind as may be necessary for a workhouse for the county. (c) The counties shall have the authority under subsection (a), this subsection (c) and § 41-2-103 to establish, construct and maintain portable or moving workhouses for the convenience of working prisoners upon the public highways and in working out their sentences in any labor assigned them. Acts 1891, ch. 123, § 1; Acts 1907, ch. 445, §§ 1, 2; Shan., §§ 7398, 7399a1, 7399a2; Code 1932, §§ 12004, 12009, 12010; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 41-1201, 41-1203, 41-1204.
(a) The counties, through their county legislative bodies, are authorized and empowered to establish, construct and maintain portable, movable or stationary workhouses, as the legislative bodies may, in their discretion and wisdom, deem advisable for the best interest of the county. Prisoners receiving workhouse sentences by the circuit or criminal court of the county shall be sentenced to the workhouse as may be provided by the county legislative body.
(b) The county legislative body may provide the lands, buildings and articles of any kind as may be necessary for a workhouse for the county.
(c) The counties shall have the authority under subsection (a), this subsection (c) and § 41-2-103 to establish, construct and maintain portable or moving workhouses for the convenience of working prisoners upon the public highways and in working out their sentences in any labor assigned them.
Acts 1891, ch. 123, § 1; Acts 1907, ch. 445, §§ 1, 2; Shan., §§ 7398, 7399a1, 7399a2; Code 1932, §§ 12004, 12009, 12010; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 41-1201, 41-1203, 41-1204.
Tenn. Code Ann. § 41-23-206 — TN Code / Title 41 / Chapter 23 / Section 41-23-206
Supplemental agreements
Status: in_force

The appropriate official of a party state may supplement but in no way abrogate the provisions of this compact through one (1) or more contracts with any other party state for the furlough of inmates. The contracts may provide for: (1) Duration; (2) Terms and conditions of the furlough; (3) Report of violations and escapes by furloughees; (4) Costs, if any, to be incurred; (5) Delivery and retaking of furloughees; and (6) Other matters as may be necessary and appropriate to fix the jurisdiction, obligations, responsibilities, liabilities, and rights of the sending and receiving states. Acts 1987, ch. 231, § 7.
The appropriate official of a party state may supplement but in no way abrogate the provisions of this compact through one (1) or more contracts with any other party state for the furlough of inmates. The contracts may provide for:
(1) Duration;
(2) Terms and conditions of the furlough;
(3) Report of violations and escapes by furloughees;
(4) Costs, if any, to be incurred;
(5) Delivery and retaking of furloughees; and
(6) Other matters as may be necessary and appropriate to fix the jurisdiction, obligations, responsibilities, liabilities, and rights of the sending and receiving states.
Acts 1987, ch. 231, § 7.
Tenn. Code Ann. § 41-6-104 — TN Code / Title 41 / Chapter 6 / Section 41-6-104
Domicile of inmates
Status: in_force

Inmates assigned to restitution centers may be domiciled in correction detention facilities in any area of the state. Acts 1976, ch. 818, § 4; T.C.A., § 41-2304.
Inmates assigned to restitution centers may be domiciled in correction detention facilities in any area of the state.
Acts 1976, ch. 818, § 4; T.C.A., § 41-2304.
Tenn. Code Ann. § 41-1-508 — TN Code / Title 41 / Chapter 1 / Section 41-1-508
Release eligibility dates for felons in local institutions
Status: in_force

(a) The percentage reduction of release eligibility dates required under §§ 41-1-503 - 41-1-507 shall likewise apply to all felony offenders serving sentences of one (1) or more years in local jails and workhouses. (b) Offenders made eligible for parole consideration by subsection (a) may be considered and released on supervised parole by the board. (c) Upon attainment of ninety percent (90%) of the relevant designated capacity of the state correctional facilities, the release eligibility dates of all such felony offenders remaining in local jails and workhouses shall automatically revert to the dates in existence prior to their reductions under this section. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 62.
(a) The percentage reduction of release eligibility dates required under §§ 41-1-503 - 41-1-507 shall likewise apply to all felony offenders serving sentences of one (1) or more years in local jails and workhouses.
(b) Offenders made eligible for parole consideration by subsection (a) may be considered and released on supervised parole by the board.
(c) Upon attainment of ninety percent (90%) of the relevant designated capacity of the state correctional facilities, the release eligibility dates of all such felony offenders remaining in local jails and workhouses shall automatically revert to the dates in existence prior to their reductions under this section.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 62.
Tenn. Code Ann. § 41-22-306 — TN Code / Title 41 / Chapter 22 / Section 41-22-306
Supervision
Status: in_force

Work shall be under the supervision of the guard having instructions from at least two (2) members of the board of employment on what road and places and how the guard shall have the work performed. Acts 1899, ch. 358, § 3; Shan., § 1682a5; Code 1932, § 2818; T.C.A. (orig. ed.), § 41-1306.
Work shall be under the supervision of the guard having instructions from at least two (2) members of the board of employment on what road and places and how the guard shall have the work performed.
Acts 1899, ch. 358, § 3; Shan., § 1682a5; Code 1932, § 2818; T.C.A. (orig. ed.), § 41-1306.
Tenn. Code Ann. § 41-21-815 — TN Code / Title 41 / Chapter 21 / Section 41-21-815
Claims for preventive relief
Status: in_force

This part does not authorize a claim for preventive relief against the department, an employee of the department or of any other agency, agent, employee or officer of this state if the claim is brought by a person housed in a facility operated by the department and the claim accrued while the person was housed in the facility. Acts 1996, ch. 913, § 1.
This part does not authorize a claim for preventive relief against the department, an employee of the department or of any other agency, agent, employee or officer of this state if the claim is brought by a person housed in a facility operated by the department and the claim accrued while the person was housed in the facility.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-22-120 — TN Code / Title 41 / Chapter 22 / Section 41-22-120
Agencies not required to purchase prison-made articles
Status: in_force

Exceptions from the operation of the mandatory provisions of §§ 41-22-118 - 41-22-124 may be made in any case where, in the opinion of the procurement commission, articles so produced or manufactured do not meet the reasonable requirements of a department, institution, agency or political subdivision of the state. No department, institution, agency or political subdivision may be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the TRICOR board when articles produced or manufactured by it are certified pursuant to procedures approved by the procurement commission. Acts 1937, ch. 278, § 3; impl. am. Acts 1939, ch. 11, §§ 1, 2; C. Supp. 1950, § 12209.3 (Williams, § 12209.8); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 22; T.C.A. (orig. ed.), § 41-422; Acts 1994, ch. 737, § 15; 1996, ch. 564, § 2; 2002, ch. 526, § 5; 2011 , ch. 295, § 19.
Exceptions from the operation of the mandatory provisions of §§ 41-22-118 - 41-22-124 may be made in any case where, in the opinion of the procurement commission, articles so produced or manufactured do not meet the reasonable requirements of a department, institution, agency or political subdivision of the state. No department, institution, agency or political subdivision may be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the TRICOR board when articles produced or manufactured by it are certified pursuant to procedures approved by the procurement commission.
Acts 1937, ch. 278, § 3; impl. am. Acts 1939, ch. 11, §§ 1, 2; C. Supp. 1950, § 12209.3 (Williams, § 12209.8); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 22; T.C.A. (orig. ed.), § 41-422; Acts 1994, ch. 737, § 15; 1996, ch. 564, § 2; 2002, ch. 526, § 5; 2011 , ch. 295, § 19.
Tenn. Code Ann. § 41-2-117 — TN Code / Title 41 / Chapter 2 / Section 41-2-117
Workhouse sentence beginning after term in penitentiary
Status: in_force

When any inmate is sentenced by the courts to the workhouse, the inmate's time of sentence to begin after a term of imprisonment in the penitentiary has expired, the judge of the court shall, in the commitment to the penitentiary, cause this fact to appear and shall direct the warden of the penitentiary to notify the superintendent of the workhouse of the time when the inmate will be discharged. It is the warden's duty to deliver the inmate upon the order of the superintendent. Acts 1891, ch. 123, § 14; Shan., § 7419; Code 1932, § 12028; T.C.A. (orig. ed.), § 41-1225.
When any inmate is sentenced by the courts to the workhouse, the inmate's time of sentence to begin after a term of imprisonment in the penitentiary has expired, the judge of the court shall, in the commitment to the penitentiary, cause this fact to appear and shall direct the warden of the penitentiary to notify the superintendent of the workhouse of the time when the inmate will be discharged. It is the warden's duty to deliver the inmate upon the order of the superintendent.
Acts 1891, ch. 123, § 14; Shan., § 7419; Code 1932, § 12028; T.C.A. (orig. ed.), § 41-1225.
Tenn. Code Ann. § 41-21-301 — TN Code / Title 41 / Chapter 21 / Section 41-21-301
Process in civil actions
Status: in_force

Process in a civil action against an inmate in the penitentiary may be served by the proper officer, in the presence of the warden or the assistant warden, and returned as in other cases. Code 1858, § 5549; Shan., § 7571; Code 1932, § 12169; T.C.A. (orig. ed.), § 41-601.
Process in a civil action against an inmate in the penitentiary may be served by the proper officer, in the presence of the warden or the assistant warden, and returned as in other cases.
Code 1858, § 5549; Shan., § 7571; Code 1932, § 12169; T.C.A. (orig. ed.), § 41-601.