Tenn. Code Ann. § 41-21-506 — TN Code / Title 41 / Chapter 21 / Section 41-21-506
Counselors - Qualifications
Status: in_force

(a) (1) Persons selected as counselors shall be between twenty-five (25) years and fifty (50) years of age at the time of employment, hold bachelor degrees or the equivalent in psychology, sociology or other related fields and be fitted physically, mentally and morally to assume the duties of the positions. (2) Counselors shall be selected because of strong qualifications as to character, ability and training, and primarily with regard to their capacity for influencing human behavior. They shall be persons likely to exercise firm and helpful influences on persons placed in their charge. (b) No person shall be selected for the position of counselor before completing the appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. In addition, as a condition of employment, a person may be required to complete periodic refresher courses as may be prescribed by the board of control of the institute. Acts 1970, ch. 471, § 6; 1975, ch. 211, § 1; T.C.A., § 41-1806.
(a) (1) Persons selected as counselors shall be between twenty-five (25) years and fifty (50) years of age at the time of employment, hold bachelor degrees or the equivalent in psychology, sociology or other related fields and be fitted physically, mentally and morally to assume the duties of the positions. (2) Counselors shall be selected because of strong qualifications as to character, ability and training, and primarily with regard to their capacity for influencing human behavior. They shall be persons likely to exercise firm and helpful influences on persons placed in their charge.
(1) Persons selected as counselors shall be between twenty-five (25) years and fifty (50) years of age at the time of employment, hold bachelor degrees or the equivalent in psychology, sociology or other related fields and be fitted physically, mentally and morally to assume the duties of the positions.
(2) Counselors shall be selected because of strong qualifications as to character, ability and training, and primarily with regard to their capacity for influencing human behavior. They shall be persons likely to exercise firm and helpful influences on persons placed in their charge.
(b) No person shall be selected for the position of counselor before completing the appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. In addition, as a condition of employment, a person may be required to complete periodic refresher courses as may be prescribed by the board of control of the institute.
Acts 1970, ch. 471, § 6; 1975, ch. 211, § 1; T.C.A., § 41-1806.
Tenn. Code Ann. § 41-22-128 — TN Code / Title 41 / Chapter 22 / Section 41-22-128
Restrictions on release program facilities near schools, orphanages, child care centers, or similar establishments
Status: in_force

(a) There shall be no community residential facilities that accommodate state or federal adult inmates who are on work release or other community release or prerelease programs established within one thousand feet (1,000') of a public or private school, orphanage, child care center, or any similar establishment where groups of children from nursery age to grade twelve attend or reside. (b) Subsection (a) applies only to counties having a population of seven hundred fifty thousand (750,000) or more, according to the 1980 federal census or any subsequent federal census, and to counties having a metropolitan form of government. Acts 1986, ch. 897, § 1; 2000, ch. 981, § 63.
(a) There shall be no community residential facilities that accommodate state or federal adult inmates who are on work release or other community release or prerelease programs established within one thousand feet (1,000') of a public or private school, orphanage, child care center, or any similar establishment where groups of children from nursery age to grade twelve attend or reside.
(b) Subsection (a) applies only to counties having a population of seven hundred fifty thousand (750,000) or more, according to the 1980 federal census or any subsequent federal census, and to counties having a metropolitan form of government.
Acts 1986, ch. 897, § 1; 2000, ch. 981, § 63.
Tenn. Code Ann. § 41-4-117 — TN Code / Title 41 / Chapter 4 / Section 41-4-117
Violation as misdemeanor
Status: in_force

A violation of any of the provisions of §§ 41-4-108 - 41-4-116, whether by the sheriff or by any person selected as jailer or guard by the sheriff, is a Class A misdemeanor. Acts 1897, ch. 66, § 3; Shan., § 7440a3; mod. Code 1932, §12049; T.C.A. (orig. ed.), § 41-1119; Acts 1989, ch. 591, §§ 1, 6.
A violation of any of the provisions of §§ 41-4-108 - 41-4-116, whether by the sheriff or by any person selected as jailer or guard by the sheriff, is a Class A misdemeanor.
Acts 1897, ch. 66, § 3; Shan., § 7440a3; mod. Code 1932, §12049; T.C.A. (orig. ed.), § 41-1119; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 41-22-212 — TN Code / Title 41 / Chapter 22 / Section 41-22-212
Quarters for inmates - Prison rules applicable
Status: in_force

The commissioner shall provide suitable quarters for the inmates employed on the state or county roads and all rules and regulations of the penitentiaries and all the laws applicable to the control, discipline, protection of or escape of inmates from the penitentiaries shall apply to those quarters and to the inmates wherever at work on the highways or roads. Acts 1981, ch. 378, § 1; T.C.A., § 41-512.
The commissioner shall provide suitable quarters for the inmates employed on the state or county roads and all rules and regulations of the penitentiaries and all the laws applicable to the control, discipline, protection of or escape of inmates from the penitentiaries shall apply to those quarters and to the inmates wherever at work on the highways or roads.
Acts 1981, ch. 378, § 1; T.C.A., § 41-512.
Tenn. Code Ann. § 41-22-121 — TN Code / Title 41 / Chapter 22 / Section 41-22-121
Violations of Section 41-22-120
Status: in_force

No voucher, certificate or warrant issued on the commissioner of finance and administration by any department, institution, agency or political subdivision shall be questioned by the commissioner or by the state treasurer on the grounds that § 41-22-120 has not been complied with by the department, institution, agency or political subdivision, but if intentional violation of § 41-22-120 by any department, institution, agency or political subdivision continues, after notice from the governor to desist, it constitutes a malfeasance in office and subjects the officer or officers or agents responsible for this violation to suspension or removal from office as may be provided by law in other cases of malfeasance. Acts 1937, ch. 278, § 4; C. Supp. 1950, § 12209.4 (Williams, § 12209.9); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 41-423.
No voucher, certificate or warrant issued on the commissioner of finance and administration by any department, institution, agency or political subdivision shall be questioned by the commissioner or by the state treasurer on the grounds that § 41-22-120 has not been complied with by the department, institution, agency or political subdivision, but if intentional violation of § 41-22-120 by any department, institution, agency or political subdivision continues, after notice from the governor to desist, it constitutes a malfeasance in office and subjects the officer or officers or agents responsible for this violation to suspension or removal from office as may be provided by law in other cases of malfeasance.
Acts 1937, ch. 278, § 4; C. Supp. 1950, § 12209.4 (Williams, § 12209.9); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 41-423.
Tenn. Code Ann. § 41-1-107 — TN Code / Title 41 / Chapter 1 / Section 41-1-107
Examination of witnesses
Status: in_force

(a) The commissioner of correction is authorized to summon any witness or witnesses to appear before the commissioner to testify under oath in regard to any matter touching or relative to either the main state penitentiary or branch prisons. (b) The commissioner is given the right to administer the oath to all the witnesses so summoned, or the witnesses may be sworn before any officer authorized by law to administer oaths. Acts 1909, ch. 535, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7581a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12180; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-118.
(a) The commissioner of correction is authorized to summon any witness or witnesses to appear before the commissioner to testify under oath in regard to any matter touching or relative to either the main state penitentiary or branch prisons.
(b) The commissioner is given the right to administer the oath to all the witnesses so summoned, or the witnesses may be sworn before any officer authorized by law to administer oaths.
Acts 1909, ch. 535, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7581a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12180; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-118.
Tenn. Code Ann. § 41-21-406 — TN Code / Title 41 / Chapter 21 / Section 41-21-406
Inmates as witnesses against each other
Status: in_force

The inmates in the penitentiary shall be competent witnesses against each other in all prosecutions under §§ 39-12-101 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , 39-16-605 - 39-16-607, 39-17-302, 39-17-303, chapter 1, part 1 of this title, parts 1-4 of this chapter and chapter 22, parts 1 and 2 of this title. Code 1858, § 5559 (deriv. Acts 1829, ch. 38, § 32); Shan., § 7581; Code 1932, § 12179; T.C.A. (orig. ed.), § 41-717; Acts 1996, ch. 675, § 42.
The inmates in the penitentiary shall be competent witnesses against each other in all prosecutions under §§ 39-12-101 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , 39-16-605 - 39-16-607, 39-17-302, 39-17-303, chapter 1, part 1 of this title, parts 1-4 of this chapter and chapter 22, parts 1 and 2 of this title.
Code 1858, § 5559 (deriv. Acts 1829, ch. 38, § 32); Shan., § 7581; Code 1932, § 12179; T.C.A. (orig. ed.), § 41-717; Acts 1996, ch. 675, § 42.
Tenn. Code Ann. § 41-23-104 — TN Code / Title 41 / Chapter 23 / Section 41-23-104
Notice of proposed transfer - District attorney general
Status: in_force

Before initiating the transfer of any inmate to an institution in another state under the provisions of the Interstate Corrections Compact, codified in § 41-23-102 , the commissioner of correction or the commissioner's delegate shall give notice of the proposed transfer to the district attorney general of the judicial district in which the inmate was convicted. The commissioner or the commissioner's delegate shall not proceed with the proposed transfer until the district attorney general has been given a reasonable opportunity to present views on the matter. Acts 1985, ch. 60, § 1.
Before initiating the transfer of any inmate to an institution in another state under the provisions of the Interstate Corrections Compact, codified in § 41-23-102 , the commissioner of correction or the commissioner's delegate shall give notice of the proposed transfer to the district attorney general of the judicial district in which the inmate was convicted. The commissioner or the commissioner's delegate shall not proceed with the proposed transfer until the district attorney general has been given a reasonable opportunity to present views on the matter.
Acts 1985, ch. 60, § 1.
Tenn. Code Ann. § 41-21-516 — TN Code / Title 41 / Chapter 21 / Section 41-21-516
Cooperation of public officials and agencies
Status: in_force

All public officials in the state shall provide whatever aid necessary to the division of rehabilitative services and the department of correction in the accomplishment of the requirements set forth in this part. The commissioners of education, human resources, labor and workforce development and finance and administration shall assure that appropriate departmental staff members are familiar with this part and that full cooperation is afforded the department of correction in carrying out the spirit and intent of this part. Acts 1970, ch. 471, § 16; T.C.A., § 41-1816; Acts 1999, ch. 520, § 39.
All public officials in the state shall provide whatever aid necessary to the division of rehabilitative services and the department of correction in the accomplishment of the requirements set forth in this part. The commissioners of education, human resources, labor and workforce development and finance and administration shall assure that appropriate departmental staff members are familiar with this part and that full cooperation is afforded the department of correction in carrying out the spirit and intent of this part.
Acts 1970, ch. 471, § 16; T.C.A., § 41-1816; Acts 1999, ch. 520, § 39.
Tenn. Code Ann. § 41-4-102 — TN Code / Title 41 / Chapter 4 / Section 41-4-102
Delivery of jail and prisoners to successor in office
Status: in_force

(a) Upon the resignation, death, removal from office or expiration of the term of office of any sheriff or coroner acting as sheriff, the jail and the prisoners in the jail, with everything belonging or pertaining thereto, shall be delivered over to the successor of the sheriff or coroner or any person duly authorized by law to take charge of the jail. (b) A failure to comply with this section, after demand made by the person entitled to the charge of the jail, is a misdemeanor. Code 1858, §§ 5407, 5408 (deriv. Acts 1777 (Nov.), ch. 8, § 12); Shan., §§ 7385, 7386; Code 1932, §§ 11994, 11995; T.C.A. (orig. ed.), § 41-1102.
(a) Upon the resignation, death, removal from office or expiration of the term of office of any sheriff or coroner acting as sheriff, the jail and the prisoners in the jail, with everything belonging or pertaining thereto, shall be delivered over to the successor of the sheriff or coroner or any person duly authorized by law to take charge of the jail.
(b) A failure to comply with this section, after demand made by the person entitled to the charge of the jail, is a misdemeanor.
Code 1858, §§ 5407, 5408 (deriv. Acts 1777 (Nov.), ch. 8, § 12); Shan., §§ 7385, 7386; Code 1932, §§ 11994, 11995; T.C.A. (orig. ed.), § 41-1102.
Tenn. Code Ann. § 41-4-135 — TN Code / Title 41 / Chapter 4 / Section 41-4-135
Refund to state of costs collected from defendant
Status: in_force

If costs are afterward collected from the defendant or the defendant's sureties, they shall be turned over to the state treasurer by the clerk of the court as fines are remitted. Acts 1887, ch. 242, § 4; Shan., § 7451; Code 1932, § 12059; T.C.A. (orig. ed.), § 41-1139.
If costs are afterward collected from the defendant or the defendant's sureties, they shall be turned over to the state treasurer by the clerk of the court as fines are remitted.
Acts 1887, ch. 242, § 4; Shan., § 7451; Code 1932, § 12059; T.C.A. (orig. ed.), § 41-1139.
Tenn. Code Ann. § 41-4-138 — TN Code / Title 41 / Chapter 4 / Section 41-4-138
Physical examination of prisoners
Status: in_force

(a) The sheriff of each county who is charged with the care and custody of prisoners is empowered to hire a female registered nurse and a male registered nurse who are authorized to make complete physical examinations of all persons committed to the custody of the sheriff for the purpose of preventing the spread of any contagious disease. The physical examinations may include the taking of blood tests and Pap smear tests and any other tests that are approved and recommended by the county health officer. (b) All females committed to the custody of the sheriff are to be examined only by the female registered nurse hired for that purpose and all males committed to the custody of the sheriff are to be examined by the male nurse hired for that purpose. Acts 1969, ch. 178, §§ 1-3; T.C.A., § 41-1142.
(a) The sheriff of each county who is charged with the care and custody of prisoners is empowered to hire a female registered nurse and a male registered nurse who are authorized to make complete physical examinations of all persons committed to the custody of the sheriff for the purpose of preventing the spread of any contagious disease. The physical examinations may include the taking of blood tests and Pap smear tests and any other tests that are approved and recommended by the county health officer.
(b) All females committed to the custody of the sheriff are to be examined only by the female registered nurse hired for that purpose and all males committed to the custody of the sheriff are to be examined by the male nurse hired for that purpose.
Acts 1969, ch. 178, §§ 1-3; T.C.A., § 41-1142.
Tenn. Code Ann. § 41-1-126 — TN Code / Title 41 / Chapter 1 / Section 41-1-126
Validated risk and needs assessment
Status: in_force

(a) As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. (b) The department of correction and community corrections agencies shall perform a validated risk and needs assessment on each felony offender under its supervision or custody upon receipt of the person and at least annually throughout the period of supervision or custody. (c) The validated risk and needs assessment shall be used by the department, community corrections agencies, the board of parole, and the courts in making decisions and recommendations on programming and treatment options and post-prison supervision conditions for those who have been incarcerated. (d) Portions of the validated risk and needs assessment shall be shared with community providers upon release, as deemed appropriate by the department, while respecting the privacy rights of the offender. Added by 2016 Tenn. Acts, ch. 906,s 13, eff. 1/1/2017.
(a) As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.
(b) The department of correction and community corrections agencies shall perform a validated risk and needs assessment on each felony offender under its supervision or custody upon receipt of the person and at least annually throughout the period of supervision or custody.
(c) The validated risk and needs assessment shall be used by the department, community corrections agencies, the board of parole, and the courts in making decisions and recommendations on programming and treatment options and post-prison supervision conditions for those who have been incarcerated.
(d) Portions of the validated risk and needs assessment shall be shared with community providers upon release, as deemed appropriate by the department, while respecting the privacy rights of the offender.
Added by 2016 Tenn. Acts, ch. 906,s 13, eff. 1/1/2017.
Tenn. Code Ann. § 41-22-309 — TN Code / Title 41 / Chapter 22 / Section 41-22-309
Counties acting jointly
Status: in_force

The county employment boards, created by this part, of any two (2) or more adjoining counties, when they deem it advisable, may combine the inmates of those counties and work them on the public roads of those counties, according to the rules and regulations provided in this part. Acts 1899, ch. 358, § 5; Shan., § 1682a8; Code 1932, § 2821; T.C.A. (orig. ed.), § 41-1309.
The county employment boards, created by this part, of any two (2) or more adjoining counties, when they deem it advisable, may combine the inmates of those counties and work them on the public roads of those counties, according to the rules and regulations provided in this part.
Acts 1899, ch. 358, § 5; Shan., § 1682a8; Code 1932, § 2821; T.C.A. (orig. ed.), § 41-1309.
Tenn. Code Ann. § 41-21-810 — TN Code / Title 41 / Chapter 21 / Section 41-21-810
Request for documents - Affidavits to be under oath
Status: in_force

(a) The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or an affidavit stating the substance of the testimony. An affidavit submitted under this section must be made under oath. A person submitting an affidavit or document under this section is not required to appear at the hearing. (b) A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court may require. (c) The court shall provide the inmate a copy of each affidavit or document not later than twenty-four (24) hours before the time at which the hearing is to begin. Acts 1996, ch. 913, § 1.
(a) The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or an affidavit stating the substance of the testimony. An affidavit submitted under this section must be made under oath. A person submitting an affidavit or document under this section is not required to appear at the hearing.
(b) A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court may require.
(c) The court shall provide the inmate a copy of each affidavit or document not later than twenty-four (24) hours before the time at which the hearing is to begin.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-1-410 — TN Code / Title 41 / Chapter 1 / Section 41-1-410
Coordinated management philosophy
Status: in_force

Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consistent with that intent, the department of correction should use sentence credits, educational opportunities, training, jobs and pay for inmates as coordinated parts of a consistent management philosophy. Acts 1985 (1st Ex. Sess.), ch. 5, § 49; T.C.A. § 41-1-411 .
Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consistent with that intent, the department of correction should use sentence credits, educational opportunities, training, jobs and pay for inmates as coordinated parts of a consistent management philosophy.
Acts 1985 (1st Ex. Sess.), ch. 5, § 49; T.C.A. § 41-1-411 .
Tenn. Code Ann. § 41-8-107 — TN Code / Title 41 / Chapter 8 / Section 41-8-107
Use of subsidy by counties
Status: in_force

(a) Participating counties having a facility that is not certified pursuant to the most recently established state jail standards shall not diminish their current level of spending for correctional expenses to the extent of any subsidy received pursuant to this chapter. The subsidy provided in this chapter is for expenditures for correctional purposes. (b) The subsidy received by the counties pursuant to this chapter shall be dedicated exclusively for use in the county's correctional programs. The entire subsidy received shall be appropriated for the benefit of the correctional program. (c) If the facility has been inspected and certified pursuant to the most recently established state jail standards, the entire subsidy may be used for current operating expenses. In all other situations, seventy-five percent (75%) of the subsidy shall be used for improving correctional programs or facilities. Acts 1981, ch. 491, § 7; T.C.A., § 41-10-107; Acts 1984, ch. 896, §§ 4, 5; 1985, ch. 270, §§ 1, 2.
(a) Participating counties having a facility that is not certified pursuant to the most recently established state jail standards shall not diminish their current level of spending for correctional expenses to the extent of any subsidy received pursuant to this chapter. The subsidy provided in this chapter is for expenditures for correctional purposes.
(b) The subsidy received by the counties pursuant to this chapter shall be dedicated exclusively for use in the county's correctional programs. The entire subsidy received shall be appropriated for the benefit of the correctional program.
(c) If the facility has been inspected and certified pursuant to the most recently established state jail standards, the entire subsidy may be used for current operating expenses. In all other situations, seventy-five percent (75%) of the subsidy shall be used for improving correctional programs or facilities.
Acts 1981, ch. 491, § 7; T.C.A., § 41-10-107; Acts 1984, ch. 896, §§ 4, 5; 1985, ch. 270, §§ 1, 2.
Tenn. Code Ann. § 41-21-220 — TN Code / Title 41 / Chapter 21 / Section 41-21-220
Report of injuries and deaths
Status: in_force

The warden at the main prison or any branch prison or mine where any inmate meets with sudden death or physical injury by means of violence or accident shall, within ten (10) days after the occurrence of death or physical injury, report the death or injury to the commissioner of correction, together with a detailed statement under oath of all the facts and circumstances bearing upon the death or injury. Acts 1889, ch. 204, § 19; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 1; Shan., § 7491; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12086; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-343.
The warden at the main prison or any branch prison or mine where any inmate meets with sudden death or physical injury by means of violence or accident shall, within ten (10) days after the occurrence of death or physical injury, report the death or injury to the commissioner of correction, together with a detailed statement under oath of all the facts and circumstances bearing upon the death or injury.
Acts 1889, ch. 204, § 19; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 1; Shan., § 7491; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12086; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-343.
Tenn. Code Ann. § 41-1-124 — TN Code / Title 41 / Chapter 1 / Section 41-1-124
Terms of release of out-of-state prisoner incarcerated in Tennessee
Status: in_force

(a) For the purposes of this section, unless the context otherwise requires, "out-of-state prisoner" means a person incarcerated in a correctional facility within this state on behalf of a state other than Tennessee or a governmental entity whose jurisdiction is outside of Tennessee. "Out-of-state prisoner" does not include a person incarcerated on behalf of an Indian tribe or on behalf of the United States. (b) Notwithstanding any law to the contrary, the commissioner of correction shall not accept an out-of-state prisoner for incarceration within any prison or facility operated by the department unless the sending state contractually agrees to return, and to pay the full costs of returning, the prisoner to the sending state prior to the prisoner's release from incarceration, or arrangements for release in some place other than the sending state are made in accordance with the Interstate Corrections Compact, compiled in chapter 23, part 1 of this title. Acts 2007 , ch. 110, § 1.
(a) For the purposes of this section, unless the context otherwise requires, "out-of-state prisoner" means a person incarcerated in a correctional facility within this state on behalf of a state other than Tennessee or a governmental entity whose jurisdiction is outside of Tennessee. "Out-of-state prisoner" does not include a person incarcerated on behalf of an Indian tribe or on behalf of the United States.
(b) Notwithstanding any law to the contrary, the commissioner of correction shall not accept an out-of-state prisoner for incarceration within any prison or facility operated by the department unless the sending state contractually agrees to return, and to pay the full costs of returning, the prisoner to the sending state prior to the prisoner's release from incarceration, or arrangements for release in some place other than the sending state are made in accordance with the Interstate Corrections Compact, compiled in chapter 23, part 1 of this title.
Acts 2007 , ch. 110, § 1.
Tenn. Code Ann. § 41-2-130 — TN Code / Title 41 / Chapter 2 / Section 41-2-130
Employment of prisoners in another county
Status: in_force

(a) The county board of commissioners, or county legislative body if there is no county board of commissioners, may, by order, authorize the warden, superintendent or other person in charge of the workhouse to whom the prisoner is committed to arrange with another warden, superintendent or other person in charge of a workhouse for the employment of the prisoner in the other's county and, while so employed, to be in the other's custody but in other respects to be and continue subject to the commitment. (b) In like manner, the county legislative body may authorize the sheriff to so arrange with the sheriff of another county, in the case of jail prisoners, for employment of any such prisoner in the other's county, to be in that sheriff's custody while so employed but in all other respects to be and continue subject to the commitment. Acts 1967, ch. 259, § 5; 1972, ch. 626, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1241.
(a) The county board of commissioners, or county legislative body if there is no county board of commissioners, may, by order, authorize the warden, superintendent or other person in charge of the workhouse to whom the prisoner is committed to arrange with another warden, superintendent or other person in charge of a workhouse for the employment of the prisoner in the other's county and, while so employed, to be in the other's custody but in other respects to be and continue subject to the commitment.
(b) In like manner, the county legislative body may authorize the sheriff to so arrange with the sheriff of another county, in the case of jail prisoners, for employment of any such prisoner in the other's county, to be in that sheriff's custody while so employed but in all other respects to be and continue subject to the commitment.
Acts 1967, ch. 259, § 5; 1972, ch. 626, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1241.
Tenn. Code Ann. § 41-8-102 — TN Code / Title 41 / Chapter 8 / Section 41-8-102
Purpose of chapter
Status: in_force

This chapter provides financial incentives to counties to house additional nondangerous felony offenders locally. The purpose of the chapter is to mutually benefit state and county governments by: (1) Helping alleviate overcrowding in state correctional facilities and reducing high operation costs; and (2) Assisting counties in upgrading local correctional facilities and programs. Acts 1981, ch. 491, § 2; T.C.A., § 41-10-102 .
This chapter provides financial incentives to counties to house additional nondangerous felony offenders locally. The purpose of the chapter is to mutually benefit state and county governments by:
(1) Helping alleviate overcrowding in state correctional facilities and reducing high operation costs; and
(2) Assisting counties in upgrading local correctional facilities and programs.
Acts 1981, ch. 491, § 2; T.C.A., § 41-10-102 .
Tenn. Code Ann. § 41-21-203 — TN Code / Title 41 / Chapter 21 / Section 41-21-203
Cleanliness and health measures
Status: in_force

(a) The warden shall set forth rules and regulations necessary to promote the health, cleanliness and physical welfare of the inmates. (b) The warden shall also adopt measures to ensure the cleanliness and sanitary condition of the institution. Code 1858, § 5508 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12124; Acts 1972, ch. 576, § 11; T.C.A. (orig. ed.), § 41-306.
(a) The warden shall set forth rules and regulations necessary to promote the health, cleanliness and physical welfare of the inmates.
(b) The warden shall also adopt measures to ensure the cleanliness and sanitary condition of the institution.
Code 1858, § 5508 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12124; Acts 1972, ch. 576, § 11; T.C.A. (orig. ed.), § 41-306.
Tenn. Code Ann. § 41-21-403 — TN Code / Title 41 / Chapter 21 / Section 41-21-403
Report of inmates in solitary
Status: in_force

It is the duty of the warden to report immediately to the commissioner of correction the name of each person committed to solitary confinement, with a statement of the nature of the person's offense, the date of confinement and the period for which committed, which report shall be filed and recorded. Code 1858, § 5521 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7540; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12139; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-720.
It is the duty of the warden to report immediately to the commissioner of correction the name of each person committed to solitary confinement, with a statement of the nature of the person's offense, the date of confinement and the period for which committed, which report shall be filed and recorded.
Code 1858, § 5521 (deriv. Acts 1829, ch. 38, § 25); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7540; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12139; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-720.
Tenn. Code Ann. § 41-2-133 — TN Code / Title 41 / Chapter 2 / Section 41-2-133
Institution of work release programs by counties - Costs
Status: in_force

(a) All counties in the state, except as provided in subsection (b), may institute a work release program in accordance with this chapter. (b) This section shall not apply to any county having a population, according to the 1970 federal census or any subsequent federal census, of: not less than nor more than 14,400 14,500 19,500 19,600 20,200 20,300 28,000 28,100 30,400 30,500 (c) The state's share of the cost imposed on local governments by the work release program as instituted by this section shall be funded by the increase in state taxes apportioned by law to cities and counties that are not specifically earmarked for a particular purpose. Acts 1967, ch. 285, § 1; 1973, ch. 87, § 1; 1980, ch. 911, §§ 1, 4, 5; T.C.A., § 41-1244.
(a) All counties in the state, except as provided in subsection (b), may institute a work release program in accordance with this chapter.
(b) This section shall not apply to any county having a population, according to the 1970 federal census or any subsequent federal census, of: not less than nor more than 14,400 14,500 19,500 19,600 20,200 20,300 28,000 28,100 30,400 30,500
not less than nor more than 14,400 14,500 19,500 19,600 20,200 20,300 28,000 28,100 30,400 30,500
not less than
14,400
14,500
19,500
19,600
20,200
20,300
28,000
28,100
30,400
30,500
(c) The state's share of the cost imposed on local governments by the work release program as instituted by this section shall be funded by the increase in state taxes apportioned by law to cities and counties that are not specifically earmarked for a particular purpose.
Acts 1967, ch. 285, § 1; 1973, ch. 87, § 1; 1980, ch. 911, §§ 1, 4, 5; T.C.A., § 41-1244.
Tenn. Code Ann. § 41-22-111 — TN Code / Title 41 / Chapter 22 / Section 41-22-111
Control of inmates retained by state
Status: in_force

By no contract shall the care, protection and discipline of the inmates be to any degree surrendered or delegated to anyone other than employees of the state, who, under the supervision of the commissioner of correction, with the approval of the governor, shall have charge and control of all these matters. Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-412.
By no contract shall the care, protection and discipline of the inmates be to any degree surrendered or delegated to anyone other than employees of the state, who, under the supervision of the commissioner of correction, with the approval of the governor, shall have charge and control of all these matters.
Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-412.
Tenn. Code Ann. § 41-11-101 — TN Code / Title 41 / Chapter 11 / Section 41-11-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Inmate Reimbursement to the County Act of 1995." Acts 1995, ch. 522, § 2.
This chapter shall be known and may be cited as the "Inmate Reimbursement to the County Act of 1995."
Acts 1995, ch. 522, § 2.
Tenn. Code Ann. § 41-3-107 — TN Code / Title 41 / Chapter 3 / Section 41-3-107
Public service for municipal offenders - Immunity from liability
Status: in_force

(a) Municipal offenders confined or subject to confinement in a county or municipal jail or workhouse under applicable law may be sentenced by the court to perform public service work for the municipality. (b) The municipality and its officers and employees shall not be liable for any injury sustained by the offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender. (c) The municipality and its officers and employees shall not be liable to any person for the acts of any offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender. (d) The municipality and its officers and employees shall not be liable to any offender or the offender's family for death or injuries received while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender. (e) The authority and protection from liability provided by this section are supplemental and in addition to the authority and protection provided in other laws. Acts 1993, ch. 238, § 1.
(a) Municipal offenders confined or subject to confinement in a county or municipal jail or workhouse under applicable law may be sentenced by the court to perform public service work for the municipality.
(b) The municipality and its officers and employees shall not be liable for any injury sustained by the offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
(c) The municipality and its officers and employees shall not be liable to any person for the acts of any offender while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
(d) The municipality and its officers and employees shall not be liable to any offender or the offender's family for death or injuries received while the offender is on a public service work detail if the municipality exercised due care in the supervision of the offender.
(e) The authority and protection from liability provided by this section are supplemental and in addition to the authority and protection provided in other laws.
Acts 1993, ch. 238, § 1.
Tenn. Code Ann. § 41-21-207 — TN Code / Title 41 / Chapter 21 / Section 41-21-207
Work or education of inmates
Status: in_force

(a) All persons sentenced to the penitentiary shall be kept at labor or at school when in sufficient health. (b) The work of inmates shall be generally from six (6) to eight (8) hours per day during regular work days throughout the year and the number of hours to be worked in the different seasons of the year shall be regulated by the commissioner of correction. For purposes of this section, any hour an inmate attends school each day shall be credited to the hours the inmate must work each day. Code 1858, § 5502; Acts 1883, ch. 171, § 3; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7512, 7521; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12108, 12118; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-325; Acts 1992, ch. 1022, §§ 1-3; 2005, ch. 271, § 1.
(a) All persons sentenced to the penitentiary shall be kept at labor or at school when in sufficient health.
(b) The work of inmates shall be generally from six (6) to eight (8) hours per day during regular work days throughout the year and the number of hours to be worked in the different seasons of the year shall be regulated by the commissioner of correction. For purposes of this section, any hour an inmate attends school each day shall be credited to the hours the inmate must work each day.
Code 1858, § 5502; Acts 1883, ch. 171, § 3; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7512, 7521; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12108, 12118; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-325; Acts 1992, ch. 1022, §§ 1-3; 2005, ch. 271, § 1.
Tenn. Code Ann. § 41-12-102 — TN Code / Title 41 / Chapter 12 / Section 41-12-102
Powers of regional jail authority - Taxation of property and revenues
Status: in_force

(a) It is declared that a regional jail authority created pursuant to this chapter shall be a public and governmental body acting as an agency and instrumentality of the creating and participating governmental entities, and that the powers exercised by the authority are declared to be for a public and governmental purpose and a matter of public necessity. (b) The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes. Acts 2008, ch. 1092, § 3.
(a) It is declared that a regional jail authority created pursuant to this chapter shall be a public and governmental body acting as an agency and instrumentality of the creating and participating governmental entities, and that the powers exercised by the authority are declared to be for a public and governmental purpose and a matter of public necessity.
(b) The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
Acts 2008, ch. 1092, § 3.
Tenn. Code Ann. § 41-21-238 — TN Code / Title 41 / Chapter 21 / Section 41-21-238
Educational and vocational training plan - Documentation
Status: in_force

(a) In addition to the education plan authorized by § 41-21-509 , the commissioner of education, with the assistance of the commissioner of correction and a representative from the board of regents and the University of Tennessee system, shall by January 1, 1995, formulate a plan to increase the educational and vocational opportunities currently available to inmates in the custody of the department of correction. This plan shall emphasize basic educational skills such as reading and writing, but shall also include possible use of existing community colleges and vocational schools for inmates who are acceptable security risks and are in need of a marketable free-work skill that cannot be obtained within the confines of a correctional institution. (b) Upon implementation of the plan, the commissioner of correction, with the assistance of the board of parole, shall monitor and document the effectiveness of the plan. Documentation shall include: (1) The number of inmates who participate; (2) The amount of improvement in educational or vocational skills achieved by the participating inmates; (3) The percentage of participating inmates able to obtain employment upon their release from custody; and (4) The recidivism rate of inmates who participated in the plan. (c) [Deleted by 2020 amendment.] Amended by 2020 Tenn. Acts, ch. 711, s 8, eff. 6/15/2020. Amended by 2019 Tenn. Acts, ch. 345, s 65, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, s 6, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1994, ch. 730, § 1; 1998, ch. 1049, § 63; 2011 , ch. 410, § 2(d), (e).
(a) In addition to the education plan authorized by § 41-21-509 , the commissioner of education, with the assistance of the commissioner of correction and a representative from the board of regents and the University of Tennessee system, shall by January 1, 1995, formulate a plan to increase the educational and vocational opportunities currently available to inmates in the custody of the department of correction. This plan shall emphasize basic educational skills such as reading and writing, but shall also include possible use of existing community colleges and vocational schools for inmates who are acceptable security risks and are in need of a marketable free-work skill that cannot be obtained within the confines of a correctional institution.
(b) Upon implementation of the plan, the commissioner of correction, with the assistance of the board of parole, shall monitor and document the effectiveness of the plan. Documentation shall include: (1) The number of inmates who participate; (2) The amount of improvement in educational or vocational skills achieved by the participating inmates; (3) The percentage of participating inmates able to obtain employment upon their release from custody; and (4) The recidivism rate of inmates who participated in the plan.
(1) The number of inmates who participate;
(2) The amount of improvement in educational or vocational skills achieved by the participating inmates;
(3) The percentage of participating inmates able to obtain employment upon their release from custody; and
(4) The recidivism rate of inmates who participated in the plan.
(c) [Deleted by 2020 amendment.]
Amended by 2020 Tenn. Acts, ch. 711, s 8, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 65, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 6, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1994, ch. 730, § 1; 1998, ch. 1049, § 63; 2011 , ch. 410, § 2(d), (e).
Tenn. Code Ann. § 41-21-902 — TN Code / Title 41 / Chapter 21 / Section 41-21-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Assets" means property, tangible or intangible, real or personal, belonging to or due an inmate or former inmate, including income or payments to the inmate from social security, workers' compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, insurance benefits or from any other source whatsoever, but does not include any of the following: (A) The homestead of the inmate; (B) Money received by the inmate from the state as settlement of a claim against the department by the inmate; (C) A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and (D) Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility; (2) "Commissioner" means the commissioner of correction or the commissioner's designee; (3) "Cost of care" means the cost to the department of correction for providing transportation, room, board, clothing, security, medical and other normal living expenses of inmates under the jurisdiction of the department, as determined by the commissioner of correction; (4) "Department" means the department of correction; (5) "Inmate" means any person who is confined in a correctional facility under the jurisdiction of the department; (6) "State" means the state of Tennessee; and (7) "State correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department. Acts 1998, ch. 992, § 3.
As used in this part, unless the context otherwise requires:
(1) "Assets" means property, tangible or intangible, real or personal, belonging to or due an inmate or former inmate, including income or payments to the inmate from social security, workers' compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, insurance benefits or from any other source whatsoever, but does not include any of the following: (A) The homestead of the inmate; (B) Money received by the inmate from the state as settlement of a claim against the department by the inmate; (C) A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and (D) Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility;
(A) The homestead of the inmate;
(B) Money received by the inmate from the state as settlement of a claim against the department by the inmate;
(C) A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and
(D) Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility;
(2) "Commissioner" means the commissioner of correction or the commissioner's designee;
(3) "Cost of care" means the cost to the department of correction for providing transportation, room, board, clothing, security, medical and other normal living expenses of inmates under the jurisdiction of the department, as determined by the commissioner of correction;
(4) "Department" means the department of correction;
(5) "Inmate" means any person who is confined in a correctional facility under the jurisdiction of the department;
(6) "State" means the state of Tennessee; and
(7) "State correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department.
Acts 1998, ch. 992, § 3.
Tenn. Code Ann. § 41-12-113 — TN Code / Title 41 / Chapter 12 / Section 41-12-113
Personnel not to benefit from services or sales - County growth plan - Carrying weapons
Status: in_force

(a) The commissioners, all appointed officers and all personnel employed by the board of commissioners of any regional jail authority under this chapter are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, related to services performed for the authority; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed in any facility owned or operated by the authority. (b) Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services and projects of an authority shall be consistent with the relevant county growth plan. (c) For purposes of lawfully carrying a weapon, any regional jail officer shall be permitted to carry a weapon to the same extent that a county or municipal jail officer or correction officer is permitted to carry a weapon. Acts 2008, ch. 1092, § 14.
(a) The commissioners, all appointed officers and all personnel employed by the board of commissioners of any regional jail authority under this chapter are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, related to services performed for the authority; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed in any facility owned or operated by the authority.
(b) Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services and projects of an authority shall be consistent with the relevant county growth plan.
(c) For purposes of lawfully carrying a weapon, any regional jail officer shall be permitted to carry a weapon to the same extent that a county or municipal jail officer or correction officer is permitted to carry a weapon.
Acts 2008, ch. 1092, § 14.
Tenn. Code Ann. § 41-2-107 — TN Code / Title 41 / Chapter 2 / Section 41-2-107
Workhouse superintendents
Status: in_force

(a) (1) The board of commissioners shall appoint a superintendent of the workhouse. (2) The superintendent shall be appointed on the first Monday in January of every even-numbered year, and hold office for two (2) years, unless sooner suspended or removed, as provided in § 41-2-104(d) . (b) The superintendent shall take an oath, and give bond for the faithful discharge of the superintendent's duty, with two (2) or more approved sureties, or an approved surety company, in the sum of one thousand dollars ($1,000), payable to the state for the use of the county, before the county mayor, which oath and bond shall be filed with the county clerk, and record of the oath and bond made on the minutes of the county legislative body. (c) The salary of the superintendent shall be fixed by the commissioners and shall be paid quarterly on the warrant of the county mayor. Acts 1891, ch. 123, § 7; Shan., §§ 7409, 7410; mod. Code 1932, §§ 12020, 12021; modified; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§41-1214, 41-1216; Acts 2003 , ch. 90, § 2.
(a) (1) The board of commissioners shall appoint a superintendent of the workhouse. (2) The superintendent shall be appointed on the first Monday in January of every even-numbered year, and hold office for two (2) years, unless sooner suspended or removed, as provided in § 41-2-104(d) .
(1) The board of commissioners shall appoint a superintendent of the workhouse.
(2) The superintendent shall be appointed on the first Monday in January of every even-numbered year, and hold office for two (2) years, unless sooner suspended or removed, as provided in § 41-2-104(d) .
(b) The superintendent shall take an oath, and give bond for the faithful discharge of the superintendent's duty, with two (2) or more approved sureties, or an approved surety company, in the sum of one thousand dollars ($1,000), payable to the state for the use of the county, before the county mayor, which oath and bond shall be filed with the county clerk, and record of the oath and bond made on the minutes of the county legislative body.
(c) The salary of the superintendent shall be fixed by the commissioners and shall be paid quarterly on the warrant of the county mayor.
Acts 1891, ch. 123, § 7; Shan., §§ 7409, 7410; mod. Code 1932, §§ 12020, 12021; modified; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§41-1214, 41-1216; Acts 2003 , ch. 90, § 2.