Tenn. Code Ann. § 41-9-101 — TN Code / Title 41 / Chapter 9 / Section 41-9-101
Community work project coordinator
Status: in_force

(a) The department of correction is authorized to employ or assign, in each judicial district, a person for the position of community work project coordinator. (b) The work project coordinator shall be compensated as other state employees and shall be supervised by the director of probation and parole. (c) The duties of the coordinator include, but are not limited to, the following: (1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the district, or within other judicial districts, that may be performed by probationer or parolee labor; (2) Interviewing and screening the probationers or parolees available for community work projects in order to match their particular job skills with the type of labor needed; (3) Coordinating the various approved work projects to ensure that the probationers or parolees available are being utilized efficiently and to the best of their abilities; (4) Regularly inspecting each approved work project to ensure that the probationers or parolees are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and (5) Performing such other duties as may be assigned by the department of correction. Acts 1984, ch. 990, § 1; 1998, ch. 1049, §§ 56 - 60; 2012, ch. 727, § 56.
(a) The department of correction is authorized to employ or assign, in each judicial district, a person for the position of community work project coordinator.
(b) The work project coordinator shall be compensated as other state employees and shall be supervised by the director of probation and parole.
(c) The duties of the coordinator include, but are not limited to, the following: (1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the district, or within other judicial districts, that may be performed by probationer or parolee labor; (2) Interviewing and screening the probationers or parolees available for community work projects in order to match their particular job skills with the type of labor needed; (3) Coordinating the various approved work projects to ensure that the probationers or parolees available are being utilized efficiently and to the best of their abilities; (4) Regularly inspecting each approved work project to ensure that the probationers or parolees are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and (5) Performing such other duties as may be assigned by the department of correction.
(1) Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the district, or within other judicial districts, that may be performed by probationer or parolee labor;
(2) Interviewing and screening the probationers or parolees available for community work projects in order to match their particular job skills with the type of labor needed;
(3) Coordinating the various approved work projects to ensure that the probationers or parolees available are being utilized efficiently and to the best of their abilities;
(4) Regularly inspecting each approved work project to ensure that the probationers or parolees are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
(5) Performing such other duties as may be assigned by the department of correction.
Acts 1984, ch. 990, § 1; 1998, ch. 1049, §§ 56 - 60; 2012, ch. 727, § 56.
Tenn. Code Ann. § 41-21-1004 — TN Code / Title 41 / Chapter 21 / Section 41-21-1004
Board office location - Salary of board members - Quorum of members - Reimbursement for travel
Status: in_force

(a) The permanent office of the board is in Nashville. (b) The board shall meet at least monthly at a time and place prescribed by the board. The board must take all votes by public ballot or public roll call. Secret ballots or secret roll calls are not permitted. (c) The salary of each member of the board is one hundred twenty thousand dollars ($120,000) annually with a cost of living adjustment every two (2) years. The salaries of employees of the board are set by the board. The requirements of § 40-28-103(a) regarding personnel procedures apply to all actions under this subsection (c). (d) A majority of members of the board constitutes a quorum for official administrative business. (e) When appropriate, the members of the board and the board's employees shall be reimbursed for reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
(a) The permanent office of the board is in Nashville.
(b) The board shall meet at least monthly at a time and place prescribed by the board. The board must take all votes by public ballot or public roll call. Secret ballots or secret roll calls are not permitted.
(c) The salary of each member of the board is one hundred twenty thousand dollars ($120,000) annually with a cost of living adjustment every two (2) years. The salaries of employees of the board are set by the board. The requirements of § 40-28-103(a) regarding personnel procedures apply to all actions under this subsection (c).
(d) A majority of members of the board constitutes a quorum for official administrative business.
(e) When appropriate, the members of the board and the board's employees shall be reimbursed for reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-21-818 — TN Code / Title 41 / Chapter 21 / Section 41-21-818
Administrative procedures
Status: in_force

Notwithstanding any law to the contrary, the commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1996, ch. 913, § 2.
Notwithstanding any law to the contrary, the commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1996, ch. 913, § 2.
Tenn. Code Ann. § 41-21-227 — TN Code / Title 41 / Chapter 21 / Section 41-21-227
Grant of furloughs to inmates
Status: in_force

(a) The department of correction is authorized and empowered to grant furloughs to the inmates in the adult correction institutions administered and operated by the department. (b) Furloughs shall be granted under the rules and regulations prescribed and promulgated by the commissioner of correction or the commissioner's designated representative. (c) All furloughs shall be made on an individual basis under reasonable conditions to inmates: (1) In the event of serious illness or death of a member of the inmate's immediate family; (2) Who have been recommended for parole by the parole board; (3) Who have ninety (90) days remaining before release on mandatory parole; or (4) Who have ninety (90) days remaining before release without parole. (d) (1) Furloughs will be for a maximum of three (3) days, except extensions may be authorized by the commissioner or the commissioner's designee when an inmate is unable to return within the specified time through no fault of the inmate or when an emergency exists. (2) Inmates granted a furlough under subsections (b) through subdivision (d)(1) shall receive a maximum of three (3) nonconsecutive furloughs, and each furlough shall be authorized only for the purpose of securing employment and a place of residence upon release from confinement. Furloughs shall be made only to those inmates with a record of behavior and conduct as to be worthy of this privilege. (e) Whenever a furlough is granted to an inmate under the authority of this section, the department shall notify the chief law enforcement officer of the county in which the inmate resides that the inmate has been granted a furlough. (f) Furloughs may also be granted to inmates on the work release or educational release programs. These furloughs will be for a maximum of two (2) days and shall be granted under the rules and regulations prescribed and promulgated by the commissioner. (g) (1) Furloughs may also be granted to inmates who serve as inmate staff at state operated, minimum security correctional institutions that are primarily utilized to house inmates who participate in the work release restitutional release and educational release programs. (2) The commissioner or the commissioner's designee shall prescribe and promulgate rules and regulations to establish guidelines for issuance of all furloughs authorized by subdivision (g)(1). These guidelines shall establish such limitations and conditions as may be necessary to ensure that issuance of the furloughs does not jeopardize the security of the citizenry or otherwise threaten community acceptance and support of the work release, restitutional release and educational release programs. (h) (1) The department is authorized and empowered to grant furloughs to female inmates for any period of up to six (6) months to permit the giving of birth and the bonding between mother and child. If the pregnancy occurs while the female inmate is incarcerated, she shall not be eligible for furlough. No furlough pursuant to this subdivision (h)(1) shall be granted without the advance consent of the sentencing judge or the judge's successor. Furthermore, no such furlough shall be granted where there is good reason to believe that the release of a designated inmate will present a serious threat to the safety of the public or of escape by the inmate. The term of the furlough shall not be credited against the sentence that the inmate was serving so as to reduce the length of the sentence. The department shall not be responsible for any expenses, medical or otherwise, incurred by the inmate while on furlough. Where the furlough is not being used for the purpose granted, it may be revoked upon the written order of the commissioner and the inmate may be retaken into custody. (2) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective. (3) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (h). (i) (1) Irrespective of any other restriction imposed by this section, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution in which the inmate is held, the commissioner may grant a furlough of indeterminate duration to eligible inmates. (2) (A) Subdivision (i)(1) applies only to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition: (i) Have a medical prognosis of mortality within one (1) year or less; or (ii) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. (B) This subdivision (i)(2) applies only to those inmates who can be released into the community without substantial risk that they will commit a crime while on furlough. The commissioner, in the commissioner's discretion, is empowered to make the release subject to any reasonable conditions. (3) If, subsequent to the inmate's release, the inmate's condition improves so that the inmate is no longer in imminent peril of death or so that the inmate can adequately care for the inmate's own health in the prison environment, the inmate shall be returned, by order of the commissioner, to the institution from which the inmate was released. The inmate may be ordered to be returned to that institution if the inmate breaks any conditions of the furlough granted. (4) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective. (5) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (i). (j) Furloughs for inmates who need to enter another state will be governed by the Tennessee Interstate Furlough Compact, compiled in chapter 23, part 2 of this title. (k) Furloughs may also be granted to inmates assigned to a community service center and classified minimum trustee. These furloughs shall not exceed more than twelve (12) hours in duration nor shall any inmate be entitled to more than one (1) furlough under this subsection (k) each month. Amended by 2021 Tenn. Acts, ch. 282, s 2, eff. 4/30/2021. Acts 1972, ch. 558, §§ 1-4; 1976, ch. 820, §§ 1-4; 1978, ch. 795, § 1; 1978, ch. 874, §§ 1, 2; 1979, ch. 186, §§ 1, 2; 1980, ch. 720, § 1; 1981, ch. 344, §§ 1-3, 5; T.C.A., § 41-356; Acts 1987, ch. 231, § 11; 1988, ch. 570, § 3; 1988, ch. 927, §§ 1, 2.
(a) The department of correction is authorized and empowered to grant furloughs to the inmates in the adult correction institutions administered and operated by the department.
(b) Furloughs shall be granted under the rules and regulations prescribed and promulgated by the commissioner of correction or the commissioner's designated representative.
(c) All furloughs shall be made on an individual basis under reasonable conditions to inmates: (1) In the event of serious illness or death of a member of the inmate's immediate family; (2) Who have been recommended for parole by the parole board; (3) Who have ninety (90) days remaining before release on mandatory parole; or (4) Who have ninety (90) days remaining before release without parole.
(1) In the event of serious illness or death of a member of the inmate's immediate family;
(2) Who have been recommended for parole by the parole board;
(3) Who have ninety (90) days remaining before release on mandatory parole; or
(4) Who have ninety (90) days remaining before release without parole.
(d) (1) Furloughs will be for a maximum of three (3) days, except extensions may be authorized by the commissioner or the commissioner's designee when an inmate is unable to return within the specified time through no fault of the inmate or when an emergency exists. (2) Inmates granted a furlough under subsections (b) through subdivision (d)(1) shall receive a maximum of three (3) nonconsecutive furloughs, and each furlough shall be authorized only for the purpose of securing employment and a place of residence upon release from confinement. Furloughs shall be made only to those inmates with a record of behavior and conduct as to be worthy of this privilege.
(1) Furloughs will be for a maximum of three (3) days, except extensions may be authorized by the commissioner or the commissioner's designee when an inmate is unable to return within the specified time through no fault of the inmate or when an emergency exists.
(2) Inmates granted a furlough under subsections (b) through subdivision (d)(1) shall receive a maximum of three (3) nonconsecutive furloughs, and each furlough shall be authorized only for the purpose of securing employment and a place of residence upon release from confinement. Furloughs shall be made only to those inmates with a record of behavior and conduct as to be worthy of this privilege.
(e) Whenever a furlough is granted to an inmate under the authority of this section, the department shall notify the chief law enforcement officer of the county in which the inmate resides that the inmate has been granted a furlough.
(f) Furloughs may also be granted to inmates on the work release or educational release programs. These furloughs will be for a maximum of two (2) days and shall be granted under the rules and regulations prescribed and promulgated by the commissioner.
(g) (1) Furloughs may also be granted to inmates who serve as inmate staff at state operated, minimum security correctional institutions that are primarily utilized to house inmates who participate in the work release restitutional release and educational release programs. (2) The commissioner or the commissioner's designee shall prescribe and promulgate rules and regulations to establish guidelines for issuance of all furloughs authorized by subdivision (g)(1). These guidelines shall establish such limitations and conditions as may be necessary to ensure that issuance of the furloughs does not jeopardize the security of the citizenry or otherwise threaten community acceptance and support of the work release, restitutional release and educational release programs.
(1) Furloughs may also be granted to inmates who serve as inmate staff at state operated, minimum security correctional institutions that are primarily utilized to house inmates who participate in the work release restitutional release and educational release programs.
(2) The commissioner or the commissioner's designee shall prescribe and promulgate rules and regulations to establish guidelines for issuance of all furloughs authorized by subdivision (g)(1). These guidelines shall establish such limitations and conditions as may be necessary to ensure that issuance of the furloughs does not jeopardize the security of the citizenry or otherwise threaten community acceptance and support of the work release, restitutional release and educational release programs.
(h) (1) The department is authorized and empowered to grant furloughs to female inmates for any period of up to six (6) months to permit the giving of birth and the bonding between mother and child. If the pregnancy occurs while the female inmate is incarcerated, she shall not be eligible for furlough. No furlough pursuant to this subdivision (h)(1) shall be granted without the advance consent of the sentencing judge or the judge's successor. Furthermore, no such furlough shall be granted where there is good reason to believe that the release of a designated inmate will present a serious threat to the safety of the public or of escape by the inmate. The term of the furlough shall not be credited against the sentence that the inmate was serving so as to reduce the length of the sentence. The department shall not be responsible for any expenses, medical or otherwise, incurred by the inmate while on furlough. Where the furlough is not being used for the purpose granted, it may be revoked upon the written order of the commissioner and the inmate may be retaken into custody. (2) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective. (3) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (h).
(1) The department is authorized and empowered to grant furloughs to female inmates for any period of up to six (6) months to permit the giving of birth and the bonding between mother and child. If the pregnancy occurs while the female inmate is incarcerated, she shall not be eligible for furlough. No furlough pursuant to this subdivision (h)(1) shall be granted without the advance consent of the sentencing judge or the judge's successor. Furthermore, no such furlough shall be granted where there is good reason to believe that the release of a designated inmate will present a serious threat to the safety of the public or of escape by the inmate. The term of the furlough shall not be credited against the sentence that the inmate was serving so as to reduce the length of the sentence. The department shall not be responsible for any expenses, medical or otherwise, incurred by the inmate while on furlough. Where the furlough is not being used for the purpose granted, it may be revoked upon the written order of the commissioner and the inmate may be retaken into custody.
(2) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective.
(3) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (h).
(i) (1) Irrespective of any other restriction imposed by this section, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution in which the inmate is held, the commissioner may grant a furlough of indeterminate duration to eligible inmates. (2) (A) Subdivision (i)(1) applies only to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition: (i) Have a medical prognosis of mortality within one (1) year or less; or (ii) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. (B) This subdivision (i)(2) applies only to those inmates who can be released into the community without substantial risk that they will commit a crime while on furlough. The commissioner, in the commissioner's discretion, is empowered to make the release subject to any reasonable conditions. (3) If, subsequent to the inmate's release, the inmate's condition improves so that the inmate is no longer in imminent peril of death or so that the inmate can adequately care for the inmate's own health in the prison environment, the inmate shall be returned, by order of the commissioner, to the institution from which the inmate was released. The inmate may be ordered to be returned to that institution if the inmate breaks any conditions of the furlough granted. (4) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective. (5) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (i).
(1) Irrespective of any other restriction imposed by this section, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution in which the inmate is held, the commissioner may grant a furlough of indeterminate duration to eligible inmates.
(2) (A) Subdivision (i)(1) applies only to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition: (i) Have a medical prognosis of mortality within one (1) year or less; or (ii) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. (B) This subdivision (i)(2) applies only to those inmates who can be released into the community without substantial risk that they will commit a crime while on furlough. The commissioner, in the commissioner's discretion, is empowered to make the release subject to any reasonable conditions.
(A) Subdivision (i)(1) applies only to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition: (i) Have a medical prognosis of mortality within one (1) year or less; or (ii) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration.
(i) Have a medical prognosis of mortality within one (1) year or less; or
(ii) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration.
(B) This subdivision (i)(2) applies only to those inmates who can be released into the community without substantial risk that they will commit a crime while on furlough. The commissioner, in the commissioner's discretion, is empowered to make the release subject to any reasonable conditions.
(3) If, subsequent to the inmate's release, the inmate's condition improves so that the inmate is no longer in imminent peril of death or so that the inmate can adequately care for the inmate's own health in the prison environment, the inmate shall be returned, by order of the commissioner, to the institution from which the inmate was released. The inmate may be ordered to be returned to that institution if the inmate breaks any conditions of the furlough granted.
(4) The department shall notify the state and local government committee of the senate and the state government committee of the house of representatives of the release of any person on such furlough at the same time the furlough is granted. The notice shall include, but not be limited to, the name of the person released, the rationale for releasing the person and the period for which the furlough will be effective.
(5) The department is authorized to take all steps necessary for the formulation of rules and regulations to implement this subsection (i).
(j) Furloughs for inmates who need to enter another state will be governed by the Tennessee Interstate Furlough Compact, compiled in chapter 23, part 2 of this title.
(k) Furloughs may also be granted to inmates assigned to a community service center and classified minimum trustee. These furloughs shall not exceed more than twelve (12) hours in duration nor shall any inmate be entitled to more than one (1) furlough under this subsection (k) each month.
Amended by 2021 Tenn. Acts, ch. 282, s 2, eff. 4/30/2021.
Acts 1972, ch. 558, §§ 1-4; 1976, ch. 820, §§ 1-4; 1978, ch. 795, § 1; 1978, ch. 874, §§ 1, 2; 1979, ch. 186, §§ 1, 2; 1980, ch. 720, § 1; 1981, ch. 344, §§ 1-3, 5; T.C.A., § 41-356; Acts 1987, ch. 231, § 11; 1988, ch. 570, § 3; 1988, ch. 927, §§ 1, 2.
Tenn. Code Ann. § 41-12-105 — TN Code / Title 41 / Chapter 12 / Section 41-12-105
Creation of authority - Resolution and hearing - Transfer of employees - Costs
Status: in_force

(a) The governing bodies of two (2) or more local governmental entities, may create a regional jail authority in the manner provided for in this chapter. The authority shall be subject to all rights, privileges, and obligations contained in §§ 41-4-139 , 41-4-140 , 41-7-103 , and chapter 8 of this title. (b) (1) Each governing body of a governmental entity proposing to create an authority shall adopt, and its executive officer shall approve, a resolution calling a joint public hearing involving all interested local governmental entities in the enterprise to create a regional jail authority on the question of creating an authority. (2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdictional bounds of the governmental entity proposing to create an authority, the last publication to be at least one (1) week prior to the date set for the hearing. (c) The hearing shall be had before the combined governing bodies of the respective local governmental entities pursuing the creation of a regional jail authority and all interested persons shall have an opportunity to be heard. (d) (1) After the hearing, if at least two (2) governing bodies determine that the public convenience and necessity require the creation of an authority, the governing bodies shall individually adopt, and their executive officers shall approve, a resolution or an ordinance, in the case of a municipality, so declaring and creating an authority, which resolution or ordinance shall reference this chapter as the governing statute to create the authority and include the names of the creating governmental entities, the name of the authority and also designate the name and principal office address of the authority. (2) A certified copy of the resolution or ordinance shall be filed with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 41-12-106 , and upon that adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter. (e) Whenever an authority is created under this chapter, the creating governmental entity and any participating governmental entity shall enter into an agreement with the authority for the orderly transfer of jail or correctional employees of the governmental entities to the authority. (f) Each governmental entity participating in the authority shall pay its pro rata share of all expenses and costs of the authority. Acts 2008, ch. 1092, § 6.
(a) The governing bodies of two (2) or more local governmental entities, may create a regional jail authority in the manner provided for in this chapter. The authority shall be subject to all rights, privileges, and obligations contained in §§ 41-4-139 , 41-4-140 , 41-7-103 , and chapter 8 of this title.
(b) (1) Each governing body of a governmental entity proposing to create an authority shall adopt, and its executive officer shall approve, a resolution calling a joint public hearing involving all interested local governmental entities in the enterprise to create a regional jail authority on the question of creating an authority. (2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdictional bounds of the governmental entity proposing to create an authority, the last publication to be at least one (1) week prior to the date set for the hearing.
(1) Each governing body of a governmental entity proposing to create an authority shall adopt, and its executive officer shall approve, a resolution calling a joint public hearing involving all interested local governmental entities in the enterprise to create a regional jail authority on the question of creating an authority.
(2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdictional bounds of the governmental entity proposing to create an authority, the last publication to be at least one (1) week prior to the date set for the hearing.
(c) The hearing shall be had before the combined governing bodies of the respective local governmental entities pursuing the creation of a regional jail authority and all interested persons shall have an opportunity to be heard.
(d) (1) After the hearing, if at least two (2) governing bodies determine that the public convenience and necessity require the creation of an authority, the governing bodies shall individually adopt, and their executive officers shall approve, a resolution or an ordinance, in the case of a municipality, so declaring and creating an authority, which resolution or ordinance shall reference this chapter as the governing statute to create the authority and include the names of the creating governmental entities, the name of the authority and also designate the name and principal office address of the authority. (2) A certified copy of the resolution or ordinance shall be filed with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 41-12-106 , and upon that adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
(1) After the hearing, if at least two (2) governing bodies determine that the public convenience and necessity require the creation of an authority, the governing bodies shall individually adopt, and their executive officers shall approve, a resolution or an ordinance, in the case of a municipality, so declaring and creating an authority, which resolution or ordinance shall reference this chapter as the governing statute to create the authority and include the names of the creating governmental entities, the name of the authority and also designate the name and principal office address of the authority.
(2) A certified copy of the resolution or ordinance shall be filed with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 41-12-106 , and upon that adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
(e) Whenever an authority is created under this chapter, the creating governmental entity and any participating governmental entity shall enter into an agreement with the authority for the orderly transfer of jail or correctional employees of the governmental entities to the authority.
(f) Each governmental entity participating in the authority shall pay its pro rata share of all expenses and costs of the authority.
Acts 2008, ch. 1092, § 6.
Tenn. Code Ann. § 41-4-106 — TN Code / Title 41 / Chapter 4 / Section 41-4-106
Filing of process
Status: in_force

The mittimus or process by which any prisoner is committed or discharged from jail, or an attested copy of the mittimus or process, shall be regularly filed in its order and safely kept by the sheriff, or jailer, under the sheriff's direction. Code 1858, §5401; Shan., § 7376; Code 1932, § 11985; T.C.A. (orig. ed.), § 41-1106.
The mittimus or process by which any prisoner is committed or discharged from jail, or an attested copy of the mittimus or process, shall be regularly filed in its order and safely kept by the sheriff, or jailer, under the sheriff's direction.
Code 1858, §5401; Shan., § 7376; Code 1932, § 11985; T.C.A. (orig. ed.), § 41-1106.
Tenn. Code Ann. § 41-21-703 — TN Code / Title 41 / Chapter 21 / Section 41-21-703
Contents of Part II of roster - Reporting guidelines
Status: in_force

(a) Part II of the roster shall be divided into sections. Each state-operated correctional institution that houses inmates who participate in the work release, restitution release or educational release program shall comprise one (1) section. Each section shall provide the following information relative to participants in the work release, restitutional release, educational release, inmate staff and prerelease programs: (1) (A) The name of each inmate who was guilty of an unexcused absence or escape; (B) The period of the absence or escape or the fact that the inmate is at large; and (C) The disciplinary action taken relative to the absence or escape; (2) (A) The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape; (B) A general statement identifying the nature of the rule so violated; and (C) The disciplinary action taken relative to the violation; (3) (A) The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program; (B) A general statement identifying the nature of the crime allegedly committed; and (C) The status of the prosecution of the inmate; and (4) (A) The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and (B) A general statement identifying the reason for the ejection. (b) The department is authorized to include any additional information as it determines is needed for clarification or for justification of a relevant departmental action. (c) The commissioner of correction or the commissioner's designee shall promulgate such guidelines as may be necessary to ensure that the institutions affected by this section compile and report the information required by this section in an efficient, thorough, and uniform manner. Acts 1980, ch. 721, § 4; T.C.A., § 41-25-103.
(a) Part II of the roster shall be divided into sections. Each state-operated correctional institution that houses inmates who participate in the work release, restitution release or educational release program shall comprise one (1) section. Each section shall provide the following information relative to participants in the work release, restitutional release, educational release, inmate staff and prerelease programs: (1) (A) The name of each inmate who was guilty of an unexcused absence or escape; (B) The period of the absence or escape or the fact that the inmate is at large; and (C) The disciplinary action taken relative to the absence or escape; (2) (A) The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape; (B) A general statement identifying the nature of the rule so violated; and (C) The disciplinary action taken relative to the violation; (3) (A) The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program; (B) A general statement identifying the nature of the crime allegedly committed; and (C) The status of the prosecution of the inmate; and (4) (A) The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and (B) A general statement identifying the reason for the ejection.
(1) (A) The name of each inmate who was guilty of an unexcused absence or escape; (B) The period of the absence or escape or the fact that the inmate is at large; and (C) The disciplinary action taken relative to the absence or escape;
(A) The name of each inmate who was guilty of an unexcused absence or escape;
(B) The period of the absence or escape or the fact that the inmate is at large; and
(C) The disciplinary action taken relative to the absence or escape;
(2) (A) The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape; (B) A general statement identifying the nature of the rule so violated; and (C) The disciplinary action taken relative to the violation;
(A) The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape;
(B) A general statement identifying the nature of the rule so violated; and
(C) The disciplinary action taken relative to the violation;
(3) (A) The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program; (B) A general statement identifying the nature of the crime allegedly committed; and (C) The status of the prosecution of the inmate; and
(A) The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program;
(B) A general statement identifying the nature of the crime allegedly committed; and
(C) The status of the prosecution of the inmate; and
(4) (A) The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and (B) A general statement identifying the reason for the ejection.
(A) The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and
(B) A general statement identifying the reason for the ejection.
(b) The department is authorized to include any additional information as it determines is needed for clarification or for justification of a relevant departmental action.
(c) The commissioner of correction or the commissioner's designee shall promulgate such guidelines as may be necessary to ensure that the institutions affected by this section compile and report the information required by this section in an efficient, thorough, and uniform manner.
Acts 1980, ch. 721, § 4; T.C.A., § 41-25-103.
Tenn. Code Ann. § 41-1-122 — TN Code / Title 41 / Chapter 1 / Section 41-1-122
Chemically dependent county inmates and prisoners - Pilot project - State funds
Status: in_force

(a) Acting in consultation with the commissioner of correction, the board of parole and the commissioner of mental health and substance abuse services, the county mayor of any county in this state is authorized to establish a pilot project to provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county prisoners and state inmates housed within county correctional facilities. The pilot project shall also provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county and state parolees residing within the county. Records shall be maintained to document and evaluate the effectiveness of the pilot project and, to the extent possible, shall include information regarding recidivism among project participants. (b) Notwithstanding any provision of this section to the contrary and notwithstanding the fact that state inmates housed within county correctional facilities may participate in programs established pursuant to this section, no state funds shall be obligated or expended to implement this section. Acts 1991, ch. 427, §§ 1, 2; 1998, ch. 1049, § 54; T.C.A., § 41-1-123 ; Acts 2003, ch. 90, § 2; 2010, ch. 1100, § 69; 2012, ch. 575, § 2.
(a) Acting in consultation with the commissioner of correction, the board of parole and the commissioner of mental health and substance abuse services, the county mayor of any county in this state is authorized to establish a pilot project to provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county prisoners and state inmates housed within county correctional facilities. The pilot project shall also provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county and state parolees residing within the county. Records shall be maintained to document and evaluate the effectiveness of the pilot project and, to the extent possible, shall include information regarding recidivism among project participants.
(b) Notwithstanding any provision of this section to the contrary and notwithstanding the fact that state inmates housed within county correctional facilities may participate in programs established pursuant to this section, no state funds shall be obligated or expended to implement this section.
Acts 1991, ch. 427, §§ 1, 2; 1998, ch. 1049, § 54; T.C.A., § 41-1-123 ; Acts 2003, ch. 90, § 2; 2010, ch. 1100, § 69; 2012, ch. 575, § 2.
Tenn. Code Ann. § 41-7-105 — TN Code / Title 41 / Chapter 7 / Section 41-7-105
Board of control
Status: in_force

(a) The correctional services programs of the institute shall be under the direction of the board of control of the institute. The board of control shall consist of seven (7) members: (1) The governor or the governor's designee; (2) The commissioner of correction or the commissioner's designee; (3) The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall be appointed by the governor; (4) Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000); (5) A county mayor, who shall be appointed by the governor; and (6) A chief of police or a county commissioner, who shall be appointed by the governor. (b) The initial term of members of the board shall be three (3) years, beginning on October 1, 2012. Successors shall be appointed for terms of four (4) years. Members shall continue to serve until their successors are appointed. If a vacancy occurs, the governor shall appoint a successor for the unexpired term. (c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1974, ch. 733, § 4; 1976, ch. 806, § 1(34); T.C.A., §41-2105; Acts 2012 , ch. 986, § 10.
(a) The correctional services programs of the institute shall be under the direction of the board of control of the institute. The board of control shall consist of seven (7) members: (1) The governor or the governor's designee; (2) The commissioner of correction or the commissioner's designee; (3) The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall be appointed by the governor; (4) Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000); (5) A county mayor, who shall be appointed by the governor; and (6) A chief of police or a county commissioner, who shall be appointed by the governor.
(1) The governor or the governor's designee;
(2) The commissioner of correction or the commissioner's designee;
(3) The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall be appointed by the governor;
(4) Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000);
(5) A county mayor, who shall be appointed by the governor; and
(6) A chief of police or a county commissioner, who shall be appointed by the governor.
(b) The initial term of members of the board shall be three (3) years, beginning on October 1, 2012. Successors shall be appointed for terms of four (4) years. Members shall continue to serve until their successors are appointed. If a vacancy occurs, the governor shall appoint a successor for the unexpired term.
(c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1974, ch. 733, § 4; 1976, ch. 806, § 1(34); T.C.A., §41-2105; Acts 2012 , ch. 986, § 10.
Tenn. Code Ann. § 41-24-104 — TN Code / Title 41 / Chapter 24 / Section 41-24-104
Review and approval of contract proposals - Price and cost adjustments - Cancellations
Status: in_force

(a) Any contract for correctional services as defined in § 41-24-102(2)(F) shall be entered into only after each of the following requirements and/or conditions are met: (1) Any request for proposals, any original contract, any contract renewal and any price or cost adjustment or any other amendment to any contract shall first be approved by the following: (A) The state building commission; (B) The attorney general and reporter; and (C) The commissioner; (2) (A) The fiscal review committee shall review any request for proposals, any original contract and any proposed contract renewal and may submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to such authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs; (B) Any request for proposals, any original contract and any proposed contract renewal shall be submitted by the department of correction to the state and local government committee of the senate and the state government committee of the house of representatives. The committees may review and submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to those authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs; (3) To be considered for an award of a contract, the proposer must demonstrate to the satisfaction of each of the officials set forth in subdivision (a)(1) that it has: (A) The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract; (B) The ability to comply with applicable correctional standards and specific court orders, if required; and (C) Demonstrated history of successful operation and management of other correctional facilities; and (4) Proposer must agree that the state may cancel the contract at any time after the first year of operation, without penalty to the state, upon giving ninety (90) days' written notice. (b) (1) Any contract pursuant to this section may provide for annual contract price or cost adjustments; provided, that any adjustments may be made only once each year effective upon the anniversary of the effective date of the contract. If any adjustment is made pursuant to terms of the contract, it shall be applied to total payments made to the contractor for the previous contract year and shall not exceed the percent of change in the average consumer price index (all items-city average), which is published by the United States department of labor, bureau of labor statistics, between that figure for the latest calendar year and the next previous calendar year. (2) Any price or cost adjustments to any contract different than those authorized by subdivision (b)(1) may be made only if the general assembly specifically authorizes those adjustments and appropriates funds for that purpose, if required. (c) (1) No award of any contract shall be made unless an acceptable proposal is received pursuant to any request for proposal. An "acceptable" proposal means a proposal that meets all the requirements or conditions or both set forth in this chapter and meets all the requirements in the request for proposal. (2) No proposal shall be accepted unless: (A) The proposal offers a level and quality of services that are at least equal to those that would be provided by the state in accordance with § 41-24-105 ; and (B) The cost of the private operation and the cost to the state to monitor the private operation, shall be at least five percent (5%) less than the state's cost for essentially the same services in accordance with § 41-24-105 as determined by the department of correction and reviewed by the office of the comptroller. (3) Should the state be required to assume the operation of any facility contracted under this chapter, preference in state employment shall be given to persons who are employees of the contractor at the time of the state's assumption of operation of that facility. (4) Any preference in employment must be in compliance with title 8, chapter 30, and § 41-1-116 , and performance of duties as an employee of the contractor must have been satisfactory. Amended by 2021 Tenn. Acts, ch. 64, s 63, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 73, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013. Amended by 2013 Tenn. Acts, ch. 165, s 1, eff. 4/16/2013. Acts 1986, ch. 932, § 4; 1991, ch. 176, § 2; 2001, ch. 132, §§4 - 6; 2011 , ch. 410, § 2(m).
(a) Any contract for correctional services as defined in § 41-24-102(2)(F) shall be entered into only after each of the following requirements and/or conditions are met: (1) Any request for proposals, any original contract, any contract renewal and any price or cost adjustment or any other amendment to any contract shall first be approved by the following: (A) The state building commission; (B) The attorney general and reporter; and (C) The commissioner; (2) (A) The fiscal review committee shall review any request for proposals, any original contract and any proposed contract renewal and may submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to such authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs; (B) Any request for proposals, any original contract and any proposed contract renewal shall be submitted by the department of correction to the state and local government committee of the senate and the state government committee of the house of representatives. The committees may review and submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to those authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs; (3) To be considered for an award of a contract, the proposer must demonstrate to the satisfaction of each of the officials set forth in subdivision (a)(1) that it has: (A) The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract; (B) The ability to comply with applicable correctional standards and specific court orders, if required; and (C) Demonstrated history of successful operation and management of other correctional facilities; and (4) Proposer must agree that the state may cancel the contract at any time after the first year of operation, without penalty to the state, upon giving ninety (90) days' written notice.
(1) Any request for proposals, any original contract, any contract renewal and any price or cost adjustment or any other amendment to any contract shall first be approved by the following: (A) The state building commission; (B) The attorney general and reporter; and (C) The commissioner;
(A) The state building commission;
(B) The attorney general and reporter; and
(C) The commissioner;
(2) (A) The fiscal review committee shall review any request for proposals, any original contract and any proposed contract renewal and may submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to such authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs; (B) Any request for proposals, any original contract and any proposed contract renewal shall be submitted by the department of correction to the state and local government committee of the senate and the state government committee of the house of representatives. The committees may review and submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to those authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs;
(A) The fiscal review committee shall review any request for proposals, any original contract and any proposed contract renewal and may submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to such authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs;
(B) Any request for proposals, any original contract and any proposed contract renewal shall be submitted by the department of correction to the state and local government committee of the senate and the state government committee of the house of representatives. The committees may review and submit comments to the authorities listed in subdivision (a)(1). Any comment shall be submitted to those authorities no later than thirty (30) days after receipt of the request for proposals, original contract or proposed contract renewal by the committees. The authorities listed in subdivision (a)(1) shall withhold their final action until such thirty-day period has ended or until they have received the committee's comments, whichever first occurs;
(3) To be considered for an award of a contract, the proposer must demonstrate to the satisfaction of each of the officials set forth in subdivision (a)(1) that it has: (A) The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract; (B) The ability to comply with applicable correctional standards and specific court orders, if required; and (C) Demonstrated history of successful operation and management of other correctional facilities; and
(A) The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract;
(B) The ability to comply with applicable correctional standards and specific court orders, if required; and
(C) Demonstrated history of successful operation and management of other correctional facilities; and
(4) Proposer must agree that the state may cancel the contract at any time after the first year of operation, without penalty to the state, upon giving ninety (90) days' written notice.
(b) (1) Any contract pursuant to this section may provide for annual contract price or cost adjustments; provided, that any adjustments may be made only once each year effective upon the anniversary of the effective date of the contract. If any adjustment is made pursuant to terms of the contract, it shall be applied to total payments made to the contractor for the previous contract year and shall not exceed the percent of change in the average consumer price index (all items-city average), which is published by the United States department of labor, bureau of labor statistics, between that figure for the latest calendar year and the next previous calendar year. (2) Any price or cost adjustments to any contract different than those authorized by subdivision (b)(1) may be made only if the general assembly specifically authorizes those adjustments and appropriates funds for that purpose, if required.
(1) Any contract pursuant to this section may provide for annual contract price or cost adjustments; provided, that any adjustments may be made only once each year effective upon the anniversary of the effective date of the contract. If any adjustment is made pursuant to terms of the contract, it shall be applied to total payments made to the contractor for the previous contract year and shall not exceed the percent of change in the average consumer price index (all items-city average), which is published by the United States department of labor, bureau of labor statistics, between that figure for the latest calendar year and the next previous calendar year.
(2) Any price or cost adjustments to any contract different than those authorized by subdivision (b)(1) may be made only if the general assembly specifically authorizes those adjustments and appropriates funds for that purpose, if required.
(c) (1) No award of any contract shall be made unless an acceptable proposal is received pursuant to any request for proposal. An "acceptable" proposal means a proposal that meets all the requirements or conditions or both set forth in this chapter and meets all the requirements in the request for proposal. (2) No proposal shall be accepted unless: (A) The proposal offers a level and quality of services that are at least equal to those that would be provided by the state in accordance with § 41-24-105 ; and (B) The cost of the private operation and the cost to the state to monitor the private operation, shall be at least five percent (5%) less than the state's cost for essentially the same services in accordance with § 41-24-105 as determined by the department of correction and reviewed by the office of the comptroller. (3) Should the state be required to assume the operation of any facility contracted under this chapter, preference in state employment shall be given to persons who are employees of the contractor at the time of the state's assumption of operation of that facility. (4) Any preference in employment must be in compliance with title 8, chapter 30, and § 41-1-116 , and performance of duties as an employee of the contractor must have been satisfactory.
(1) No award of any contract shall be made unless an acceptable proposal is received pursuant to any request for proposal. An "acceptable" proposal means a proposal that meets all the requirements or conditions or both set forth in this chapter and meets all the requirements in the request for proposal.
(2) No proposal shall be accepted unless: (A) The proposal offers a level and quality of services that are at least equal to those that would be provided by the state in accordance with § 41-24-105 ; and (B) The cost of the private operation and the cost to the state to monitor the private operation, shall be at least five percent (5%) less than the state's cost for essentially the same services in accordance with § 41-24-105 as determined by the department of correction and reviewed by the office of the comptroller.
(A) The proposal offers a level and quality of services that are at least equal to those that would be provided by the state in accordance with § 41-24-105 ; and
(B) The cost of the private operation and the cost to the state to monitor the private operation, shall be at least five percent (5%) less than the state's cost for essentially the same services in accordance with § 41-24-105 as determined by the department of correction and reviewed by the office of the comptroller.
(3) Should the state be required to assume the operation of any facility contracted under this chapter, preference in state employment shall be given to persons who are employees of the contractor at the time of the state's assumption of operation of that facility.
(4) Any preference in employment must be in compliance with title 8, chapter 30, and § 41-1-116 , and performance of duties as an employee of the contractor must have been satisfactory.
Amended by 2021 Tenn. Acts, ch. 64, s 63, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 73, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013.
Amended by 2013 Tenn. Acts, ch. 165, s 1, eff. 4/16/2013.
Acts 1986, ch. 932, § 4; 1991, ch. 176, § 2; 2001, ch. 132, §§4 - 6; 2011 , ch. 410, § 2(m).
Tenn. Code Ann. § 41-21-306 — TN Code / Title 41 / Chapter 21 / Section 41-21-306
Warden's duty to produce witness
Status: in_force

It is the duty of the warden, upon the service of the writ provided for in § 41-21-305 , to have the inmate before the court on the day specified, for which purpose the warden may employ a trustworthy deputy and a sufficient guard, who are entitled to the same compensation for each day's travel and attendance on court as is allowed sheriffs and guards for the removal of inmates to the penitentiary. Code 1858, § 5555; Shan., § 7577; Code 1932, § 12175; T.C.A. (orig. ed.), § 41-607.
It is the duty of the warden, upon the service of the writ provided for in § 41-21-305 , to have the inmate before the court on the day specified, for which purpose the warden may employ a trustworthy deputy and a sufficient guard, who are entitled to the same compensation for each day's travel and attendance on court as is allowed sheriffs and guards for the removal of inmates to the penitentiary.
Code 1858, § 5555; Shan., § 7577; Code 1932, § 12175; T.C.A. (orig. ed.), § 41-607.
Tenn. Code Ann. § 41-2-138 — TN Code / Title 41 / Chapter 2 / Section 41-2-138
Monthly report to sentencing judge
Status: in_force

The warden of the workhouse shall file a monthly report with respect to each prisoner placed under the work release program with the judge by whom the prisoner was sentenced advising the judge as to the conduct and financial achievement of the prisoner. Acts 1967, ch. 285, § 6; 1973, ch. 87, § 1; T.C.A., § 41-1249.
The warden of the workhouse shall file a monthly report with respect to each prisoner placed under the work release program with the judge by whom the prisoner was sentenced advising the judge as to the conduct and financial achievement of the prisoner.
Acts 1967, ch. 285, § 6; 1973, ch. 87, § 1; T.C.A., § 41-1249.
Tenn. Code Ann. § 41-4-124 — TN Code / Title 41 / Chapter 4 / Section 41-4-124
Allowance of expenses
Status: in_force

When the court orders the prisoner to be carried to the jail of another county for safekeeping for want of a sufficient jail in the county where the case is pending, it may make a reasonable allowance to the sheriff and necessary guard, including expenses for conveying the prisoner to the jail so ordered by the judge. Code 1858, § 5433 (deriv. Acts 1839-1840, ch. 103); Shan., § 7444; Code 1932, § 12052; T.C.A. (orig. ed.), § 41-1128.
When the court orders the prisoner to be carried to the jail of another county for safekeeping for want of a sufficient jail in the county where the case is pending, it may make a reasonable allowance to the sheriff and necessary guard, including expenses for conveying the prisoner to the jail so ordered by the judge.
Code 1858, § 5433 (deriv. Acts 1839-1840, ch. 103); Shan., § 7444; Code 1932, § 12052; T.C.A. (orig. ed.), § 41-1128.
Tenn. Code Ann. § 41-2-123 — TN Code / Title 41 / Chapter 2 / Section 41-2-123
Road work by prisoners - Credit for time worked - Grants for litter abatement - Governmental immunity
Status: in_force

(a) All prisoners sentenced to the county workhouse under § 40-23-104 or former § 40-35-311 shall be worked on the county roads under the supervision of the chief administrative officer of the county highway department, when, in the opinion of the chief administrative officer, a sufficient number are available to pay the county for the necessary expense incurred for keeping and caring for them. The prisoners may be utilized by municipalities within the county by mutual agreement between the county sheriff or superintendent of the county workhouse and the chief executive officer of the municipality. (b) (1) When any prisoner has been sentenced to imprisonment in a county workhouse or county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, the sheriff of the county or the superintendent of the county workhouse, or both, are authorized to permit the prisoner to work on the county roads or within municipalities within the county on roads, parks, public property, public easements or alongside public waterways up to a maximum of fifty feet (50') from the shoreline. (2) It is the duty of the prisoners to pick up and collect litter, trash and other miscellaneous items unsightly to the public that have accumulated on the county roads. All prisoners participating in this work program shall be under the supervision of the county sheriff or the sheriff's representative or the superintendent of the county workhouse or the superintendent's representative. Prisoners utilized by a municipality shall be supervised by representatives of the municipality. The prisoners may be utilized by the municipalities for such duties or manual labor as the municipality deems appropriate. (3) Work performed by the prisoner under this subsection (b) shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on the road by the prisoner, the prisoner's sentence shall be reduced by two (2) days. (c) The commissioner of transportation is authorized to make grants to the several counties of the state, either through the office of sheriff or that of county mayor, or other appropriate official, for the purpose of funding programs for the collection of litter and trash along county, state and interstate roads and highways within the respective counties. The grants may provide for the use of labor of prisoners sentenced to the county workhouse and may fund expenses, including, but not limited to, salaries, administration and the purchase, maintenance and operation of equipment. Not more than ten percent (10%) of the funds awarded by a grant under this subsection (c) shall be expended for the purpose of advertising or promoting a litter and trash collection program, and no part of such funds shall be used to purchase supplies, materials or equipment displaying the name or likeness of the administrator of such program or of any other individual. Local county officials and other recipients may submit applications outlining a plan for litter abatement, which may include recycling programs, to the department of transportation. All applications shall be subject to prior review and approval by the governor or designated agent. (d) (1) Neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any person for the acts of any prisoner while on a work detail, while being transported to or from a work detail, while attempting an escape from a work detail or after escape from a work detail. (2) Except as provided in § 9-8-307 , neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any prisoner or prisoner's family for death or injuries received while on a work detail, other than for medical treatment for the injury during the period of the prisoner's confinement. Acts 1915, ch. 107, § 2; Shan., § 7207a2; Code 1932, § 11794; modified; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1979, ch. 249, §§ 1, 2; 1981, ch. 93, §§ 1, 2; 1981, ch. 290, § 1; 1981, ch. 307, § 4; T.C.A. (orig. ed.), § 41-1231; Acts 1983, ch. 98, §§ 1-5; 1986, ch. 744, §§ 18, 19; 1989, ch. 511, §2; 2003 , ch. 90, § 2; 2004, ch. 907, § 1.
(a) All prisoners sentenced to the county workhouse under § 40-23-104 or former § 40-35-311 shall be worked on the county roads under the supervision of the chief administrative officer of the county highway department, when, in the opinion of the chief administrative officer, a sufficient number are available to pay the county for the necessary expense incurred for keeping and caring for them. The prisoners may be utilized by municipalities within the county by mutual agreement between the county sheriff or superintendent of the county workhouse and the chief executive officer of the municipality.
(b) (1) When any prisoner has been sentenced to imprisonment in a county workhouse or county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, the sheriff of the county or the superintendent of the county workhouse, or both, are authorized to permit the prisoner to work on the county roads or within municipalities within the county on roads, parks, public property, public easements or alongside public waterways up to a maximum of fifty feet (50') from the shoreline. (2) It is the duty of the prisoners to pick up and collect litter, trash and other miscellaneous items unsightly to the public that have accumulated on the county roads. All prisoners participating in this work program shall be under the supervision of the county sheriff or the sheriff's representative or the superintendent of the county workhouse or the superintendent's representative. Prisoners utilized by a municipality shall be supervised by representatives of the municipality. The prisoners may be utilized by the municipalities for such duties or manual labor as the municipality deems appropriate. (3) Work performed by the prisoner under this subsection (b) shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on the road by the prisoner, the prisoner's sentence shall be reduced by two (2) days.
(1) When any prisoner has been sentenced to imprisonment in a county workhouse or county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, the sheriff of the county or the superintendent of the county workhouse, or both, are authorized to permit the prisoner to work on the county roads or within municipalities within the county on roads, parks, public property, public easements or alongside public waterways up to a maximum of fifty feet (50') from the shoreline.
(2) It is the duty of the prisoners to pick up and collect litter, trash and other miscellaneous items unsightly to the public that have accumulated on the county roads. All prisoners participating in this work program shall be under the supervision of the county sheriff or the sheriff's representative or the superintendent of the county workhouse or the superintendent's representative. Prisoners utilized by a municipality shall be supervised by representatives of the municipality. The prisoners may be utilized by the municipalities for such duties or manual labor as the municipality deems appropriate.
(3) Work performed by the prisoner under this subsection (b) shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on the road by the prisoner, the prisoner's sentence shall be reduced by two (2) days.
(c) The commissioner of transportation is authorized to make grants to the several counties of the state, either through the office of sheriff or that of county mayor, or other appropriate official, for the purpose of funding programs for the collection of litter and trash along county, state and interstate roads and highways within the respective counties. The grants may provide for the use of labor of prisoners sentenced to the county workhouse and may fund expenses, including, but not limited to, salaries, administration and the purchase, maintenance and operation of equipment. Not more than ten percent (10%) of the funds awarded by a grant under this subsection (c) shall be expended for the purpose of advertising or promoting a litter and trash collection program, and no part of such funds shall be used to purchase supplies, materials or equipment displaying the name or likeness of the administrator of such program or of any other individual. Local county officials and other recipients may submit applications outlining a plan for litter abatement, which may include recycling programs, to the department of transportation. All applications shall be subject to prior review and approval by the governor or designated agent.
(d) (1) Neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any person for the acts of any prisoner while on a work detail, while being transported to or from a work detail, while attempting an escape from a work detail or after escape from a work detail. (2) Except as provided in § 9-8-307 , neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any prisoner or prisoner's family for death or injuries received while on a work detail, other than for medical treatment for the injury during the period of the prisoner's confinement.
(1) Neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any person for the acts of any prisoner while on a work detail, while being transported to or from a work detail, while attempting an escape from a work detail or after escape from a work detail.
(2) Except as provided in § 9-8-307 , neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any prisoner or prisoner's family for death or injuries received while on a work detail, other than for medical treatment for the injury during the period of the prisoner's confinement.
Acts 1915, ch. 107, § 2; Shan., § 7207a2; Code 1932, § 11794; modified; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1979, ch. 249, §§ 1, 2; 1981, ch. 93, §§ 1, 2; 1981, ch. 290, § 1; 1981, ch. 307, § 4; T.C.A. (orig. ed.), § 41-1231; Acts 1983, ch. 98, §§ 1-5; 1986, ch. 744, §§ 18, 19; 1989, ch. 511, §2; 2003 , ch. 90, § 2; 2004, ch. 907, § 1.
Tenn. Code Ann. § 41-22-109 — TN Code / Title 41 / Chapter 22 / Section 41-22-109
Contracts for sale or manufacture of products
Status: in_force

(a) The TRICOR board, with the approval of the governor, is authorized and directed to make contracts for the sale or manufacture of any article that may be manufactured in state shops. This section and §§ 41-22-110 , 41-22-111 , and 41-22-115 are subject in all respects to § 41-22-116 . (b) Contracts for the sale or manufacture of such manufactured articles shall be made at such prices, and covering such periods of time, as in the opinion of the TRICOR board will best subserve and protect the interests of the state and the welfare of the inmates, subject to the rules and provisions set forth in §§ 41-22-110 , 41-22-111 , and 41-22-115 . Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; mod. C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-410; Acts 1994, ch. 737, §§ 8, 9; 1996, ch. 564, § 2.
(a) The TRICOR board, with the approval of the governor, is authorized and directed to make contracts for the sale or manufacture of any article that may be manufactured in state shops. This section and §§ 41-22-110 , 41-22-111 , and 41-22-115 are subject in all respects to § 41-22-116 .
(b) Contracts for the sale or manufacture of such manufactured articles shall be made at such prices, and covering such periods of time, as in the opinion of the TRICOR board will best subserve and protect the interests of the state and the welfare of the inmates, subject to the rules and provisions set forth in §§ 41-22-110 , 41-22-111 , and 41-22-115 .
Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; mod. C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-410; Acts 1994, ch. 737, §§ 8, 9; 1996, ch. 564, § 2.
Tenn. Code Ann. § 41-21-204 — TN Code / Title 41 / Chapter 21 / Section 41-21-204
Medical and psychological care
Status: in_force

(a) All inmates at their reception and at such times thereafter as may be deemed necessary shall be examined by a physician for the purpose of determining their health status. (b) The medical director shall conduct a daily outpatient clinic. Any inmate who is ill shall receive proper medical treatment. (c) (1) The physician shall, acting under and subject to the power of the commissioner of correction, visit the penitentiary in the discharge of duties as often as necessary, prescribe for inmates who are sick, and attend to the regimen, clothing and cleanliness of those who are in the hospital and report to the commissioner any failure on the part of the warden to provide fully for their necessary wants. (2) (A) The physician shall provide pregnant prisoners and detainees with regular prenatal and postpartum medical care, as necessary. (B) All prisoners and detainees potentially affected by this subdivision (c)(2) must be advised in writing of the requirements of this subdivision (c)(2), and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant. (C) As used in this subdivision (c)(2): (i) "Correctional institution" means any facility under the authority of any state, county, or municipal government that has the power to detain or restrain, or both, a person under the laws of this state; (ii) "Detainee" means any person detained under the immigration laws of the United States at any correctional institution; (iii) "Postpartum" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner or detainee's health care, immediately following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome; (iv) "Prenatal care" includes pregnancy testing, medical examinations, laboratory and diagnostic tests, including offering HIV testing and prophylaxis when indicated, advice on appropriate levels of activity, safety precautions, nutritional guidance and counseling, routine and high-risk care, management of chemical dependencies, comprehensive counseling and assistance, prescription of appropriate nutritional supplements, and postpartum follow up; and (v) "Prisoner" means any person incarcerated or detained in any 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 diversionary program. (3) The physician shall keep a regular journal, to be left in the penitentiary, stating the time of all admissions to the hospital, the nature of the disease, the treatment of each patient, and the time of the patient's discharge from the hospital or of the patient's death. (4) The physician shall keep a register of all the inmates under the physician's charge, stating their diseases, the cause of the diseases when practicable and the state of their health on entering and leaving the hospital. The physician shall also keep a register of all infirm inmates, giving their names, ages, places of birth and the particular infirmity of each. The register shall always remain in the hospital, open to inspection. (d) The commissioner may remove the inmates in the penitentiary to such place of security in this state as the commissioner may think best, if, in the commissioner's opinion, the prevalence of any epidemic, infectious or contagious disorder or other urgent occasion renders it expedient and proper. (e) Any inmate who is sick at the expiration of the term of imprisonment shall not be discharged until the inmate's health is restored, except at the inmate's request. (f) (1) To the extent necessary, the department of correction may contract with the department of mental health and substance abuse services or the department of disability and aging to ensure that psychological services are available at an adequate level and quality for all inmates who are in the department's custody and who are in need of those services but who do not qualify for a transfer from the department of correction as provided in title 33, chapter 3, part 4. (2) The department of correction shall exercise due diligence to protect the safety of any person rendering psychological services at a departmental facility. (3) "Psychological services," as used in this subsection (f), includes evaluation and treatment for chemical dependency, psychological disorders and intellectual disability. (g) (1) (A) A female inmate who is fifty (50) years of age through seventy-four (74) years of age must be offered a mammogram, primary screening, or other appropriate early breast health screening every two (2) years at no cost to the inmate. (B) A female inmate who is forty (40) years of age through forty-nine (49) years of age must be offered a consultation with a physician to seek professional care as to when to receive a mammogram or other appropriate early breast health screening. (2) (A) A correctional institution shall, to the best of the correctional institution's ability, provide inmates with educational programs focused on the importance of preventative healthcare measures that include, but are not limited to, breast self-examination. (B) As used in this subdivision (g)(2), "correctional institution" means a facility under the authority of this state that has the power to detain or restrain, or both, a person under the laws of this state. A "correctional institution" does not include a county or city jail. Amended by 2024 Tenn. Acts, ch. 688,s 133, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 168, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 762, s 1, eff. 7/1/2020. Code 1858, §§ 5461, 5484-5487 (deriv. Acts 1829, ch. 38, §§ 14, 23), 5527; Acts 1883, ch. 171, § 24; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7478, 7502-7506; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12076, 12097-12101; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, §§ 13, 14; T.C.A. (orig. ed.), §§ 41-312 -- 41-316, 41-318, 41-319; Acts 1986, ch. 483, § 1; 2000, ch. 947, § 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 70; 2012 , ch. 575, § 1.
(a) All inmates at their reception and at such times thereafter as may be deemed necessary shall be examined by a physician for the purpose of determining their health status.
(b) The medical director shall conduct a daily outpatient clinic. Any inmate who is ill shall receive proper medical treatment.
(c) (1) The physician shall, acting under and subject to the power of the commissioner of correction, visit the penitentiary in the discharge of duties as often as necessary, prescribe for inmates who are sick, and attend to the regimen, clothing and cleanliness of those who are in the hospital and report to the commissioner any failure on the part of the warden to provide fully for their necessary wants. (2) (A) The physician shall provide pregnant prisoners and detainees with regular prenatal and postpartum medical care, as necessary. (B) All prisoners and detainees potentially affected by this subdivision (c)(2) must be advised in writing of the requirements of this subdivision (c)(2), and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant. (C) As used in this subdivision (c)(2): (i) "Correctional institution" means any facility under the authority of any state, county, or municipal government that has the power to detain or restrain, or both, a person under the laws of this state; (ii) "Detainee" means any person detained under the immigration laws of the United States at any correctional institution; (iii) "Postpartum" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner or detainee's health care, immediately following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome; (iv) "Prenatal care" includes pregnancy testing, medical examinations, laboratory and diagnostic tests, including offering HIV testing and prophylaxis when indicated, advice on appropriate levels of activity, safety precautions, nutritional guidance and counseling, routine and high-risk care, management of chemical dependencies, comprehensive counseling and assistance, prescription of appropriate nutritional supplements, and postpartum follow up; and (v) "Prisoner" means any person incarcerated or detained in any 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 diversionary program. (3) The physician shall keep a regular journal, to be left in the penitentiary, stating the time of all admissions to the hospital, the nature of the disease, the treatment of each patient, and the time of the patient's discharge from the hospital or of the patient's death. (4) The physician shall keep a register of all the inmates under the physician's charge, stating their diseases, the cause of the diseases when practicable and the state of their health on entering and leaving the hospital. The physician shall also keep a register of all infirm inmates, giving their names, ages, places of birth and the particular infirmity of each. The register shall always remain in the hospital, open to inspection.
(1) The physician shall, acting under and subject to the power of the commissioner of correction, visit the penitentiary in the discharge of duties as often as necessary, prescribe for inmates who are sick, and attend to the regimen, clothing and cleanliness of those who are in the hospital and report to the commissioner any failure on the part of the warden to provide fully for their necessary wants.
(2) (A) The physician shall provide pregnant prisoners and detainees with regular prenatal and postpartum medical care, as necessary. (B) All prisoners and detainees potentially affected by this subdivision (c)(2) must be advised in writing of the requirements of this subdivision (c)(2), and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant. (C) As used in this subdivision (c)(2): (i) "Correctional institution" means any facility under the authority of any state, county, or municipal government that has the power to detain or restrain, or both, a person under the laws of this state; (ii) "Detainee" means any person detained under the immigration laws of the United States at any correctional institution; (iii) "Postpartum" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner or detainee's health care, immediately following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome; (iv) "Prenatal care" includes pregnancy testing, medical examinations, laboratory and diagnostic tests, including offering HIV testing and prophylaxis when indicated, advice on appropriate levels of activity, safety precautions, nutritional guidance and counseling, routine and high-risk care, management of chemical dependencies, comprehensive counseling and assistance, prescription of appropriate nutritional supplements, and postpartum follow up; and (v) "Prisoner" means any person incarcerated or detained in any 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 diversionary program.
(A) The physician shall provide pregnant prisoners and detainees with regular prenatal and postpartum medical care, as necessary.
(B) All prisoners and detainees potentially affected by this subdivision (c)(2) must be advised in writing of the requirements of this subdivision (c)(2), and of § 41-21-227(h) , upon admission to the correctional institution and when known to be pregnant.
(C) As used in this subdivision (c)(2): (i) "Correctional institution" means any facility under the authority of any state, county, or municipal government that has the power to detain or restrain, or both, a person under the laws of this state; (ii) "Detainee" means any person detained under the immigration laws of the United States at any correctional institution; (iii) "Postpartum" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner or detainee's health care, immediately following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome; (iv) "Prenatal care" includes pregnancy testing, medical examinations, laboratory and diagnostic tests, including offering HIV testing and prophylaxis when indicated, advice on appropriate levels of activity, safety precautions, nutritional guidance and counseling, routine and high-risk care, management of chemical dependencies, comprehensive counseling and assistance, prescription of appropriate nutritional supplements, and postpartum follow up; and (v) "Prisoner" means any person incarcerated or detained in any 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 diversionary program.
(i) "Correctional institution" means any facility under the authority of any state, county, or municipal government that has the power to detain or restrain, or both, a person under the laws of this state;
(ii) "Detainee" means any person detained under the immigration laws of the United States at any correctional institution;
(iii) "Postpartum" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner or detainee's health care, immediately following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome;
(iv) "Prenatal care" includes pregnancy testing, medical examinations, laboratory and diagnostic tests, including offering HIV testing and prophylaxis when indicated, advice on appropriate levels of activity, safety precautions, nutritional guidance and counseling, routine and high-risk care, management of chemical dependencies, comprehensive counseling and assistance, prescription of appropriate nutritional supplements, and postpartum follow up; and
(v) "Prisoner" means any person incarcerated or detained in any 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 diversionary program.
(3) The physician shall keep a regular journal, to be left in the penitentiary, stating the time of all admissions to the hospital, the nature of the disease, the treatment of each patient, and the time of the patient's discharge from the hospital or of the patient's death.
(4) The physician shall keep a register of all the inmates under the physician's charge, stating their diseases, the cause of the diseases when practicable and the state of their health on entering and leaving the hospital. The physician shall also keep a register of all infirm inmates, giving their names, ages, places of birth and the particular infirmity of each. The register shall always remain in the hospital, open to inspection.
(d) The commissioner may remove the inmates in the penitentiary to such place of security in this state as the commissioner may think best, if, in the commissioner's opinion, the prevalence of any epidemic, infectious or contagious disorder or other urgent occasion renders it expedient and proper.
(e) Any inmate who is sick at the expiration of the term of imprisonment shall not be discharged until the inmate's health is restored, except at the inmate's request.
(f) (1) To the extent necessary, the department of correction may contract with the department of mental health and substance abuse services or the department of disability and aging to ensure that psychological services are available at an adequate level and quality for all inmates who are in the department's custody and who are in need of those services but who do not qualify for a transfer from the department of correction as provided in title 33, chapter 3, part 4. (2) The department of correction shall exercise due diligence to protect the safety of any person rendering psychological services at a departmental facility. (3) "Psychological services," as used in this subsection (f), includes evaluation and treatment for chemical dependency, psychological disorders and intellectual disability.
(1) To the extent necessary, the department of correction may contract with the department of mental health and substance abuse services or the department of disability and aging to ensure that psychological services are available at an adequate level and quality for all inmates who are in the department's custody and who are in need of those services but who do not qualify for a transfer from the department of correction as provided in title 33, chapter 3, part 4.
(2) The department of correction shall exercise due diligence to protect the safety of any person rendering psychological services at a departmental facility.
(3) "Psychological services," as used in this subsection (f), includes evaluation and treatment for chemical dependency, psychological disorders and intellectual disability.
(g) (1) (A) A female inmate who is fifty (50) years of age through seventy-four (74) years of age must be offered a mammogram, primary screening, or other appropriate early breast health screening every two (2) years at no cost to the inmate. (B) A female inmate who is forty (40) years of age through forty-nine (49) years of age must be offered a consultation with a physician to seek professional care as to when to receive a mammogram or other appropriate early breast health screening. (2) (A) A correctional institution shall, to the best of the correctional institution's ability, provide inmates with educational programs focused on the importance of preventative healthcare measures that include, but are not limited to, breast self-examination. (B) As used in this subdivision (g)(2), "correctional institution" means a facility under the authority of this state that has the power to detain or restrain, or both, a person under the laws of this state. A "correctional institution" does not include a county or city jail.
(1) (A) A female inmate who is fifty (50) years of age through seventy-four (74) years of age must be offered a mammogram, primary screening, or other appropriate early breast health screening every two (2) years at no cost to the inmate. (B) A female inmate who is forty (40) years of age through forty-nine (49) years of age must be offered a consultation with a physician to seek professional care as to when to receive a mammogram or other appropriate early breast health screening.
(A) A female inmate who is fifty (50) years of age through seventy-four (74) years of age must be offered a mammogram, primary screening, or other appropriate early breast health screening every two (2) years at no cost to the inmate.
(B) A female inmate who is forty (40) years of age through forty-nine (49) years of age must be offered a consultation with a physician to seek professional care as to when to receive a mammogram or other appropriate early breast health screening.
(2) (A) A correctional institution shall, to the best of the correctional institution's ability, provide inmates with educational programs focused on the importance of preventative healthcare measures that include, but are not limited to, breast self-examination. (B) As used in this subdivision (g)(2), "correctional institution" means a facility under the authority of this state that has the power to detain or restrain, or both, a person under the laws of this state. A "correctional institution" does not include a county or city jail.
(A) A correctional institution shall, to the best of the correctional institution's ability, provide inmates with educational programs focused on the importance of preventative healthcare measures that include, but are not limited to, breast self-examination.
(B) As used in this subdivision (g)(2), "correctional institution" means a facility under the authority of this state that has the power to detain or restrain, or both, a person under the laws of this state. A "correctional institution" does not include a county or city jail.
Amended by 2024 Tenn. Acts, ch. 688,s 133, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 168, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 762, s 1, eff. 7/1/2020.
Code 1858, §§ 5461, 5484-5487 (deriv. Acts 1829, ch. 38, §§ 14, 23), 5527; Acts 1883, ch. 171, § 24; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7478, 7502-7506; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12076, 12097-12101; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, §§ 13, 14; T.C.A. (orig. ed.), §§ 41-312 -- 41-316, 41-318, 41-319; Acts 1986, ch. 483, § 1; 2000, ch. 947, § 6; 2010 , ch. 734, § 1; 2010 , ch. 1100, § 70; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 41-2-128 — TN Code / Title 41 / Chapter 2 / Section 41-2-128
Prisoners who may apply for release - Procedure
Status: in_force

(a) Whenever any person has been sentenced to undergo imprisonment in a county workhouse, referred to as the "workhouse" in this chapter, for the commission of a crime defined as a misdemeanor by the laws of the state of Tennessee, the county board of commissioners, if there is one, or, otherwise, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned, upon application made therefore by the warden, superintendent, prison keeper or other administrative head of a workhouse, may, by order, direct the warden, superintendent, prison keeper or other administrative head of a workhouse to permit the prisoner to leave the workhouse during necessary and reasonable hours for the purpose of working at the prisoner's employment, conducting the prisoner's own business or other self-employed occupation, including, in the case of a woman, housekeeping and attending to the needs of the woman's family, seeking employment, attendance at an educational institution or securing medical treatment. Similarly, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned may, upon application of the sheriff, enter a like order for the same purpose for jail prisoners. The order may be rescinded or modified at any time with or without notice to the prisoner. (b) Whenever any person has been sentenced to undergo imprisonment in a county workhouse due to the violation of a criminal statute that is a felony under the laws of the state of Tennessee, then the individual may be allowed to leave the county workhouse during necessary and reasonable hours for occupational, scholastic or medical purposes. Any individual serving a felony sentence based on a crime against person or property who has a previous sentence defined as a felony against person or property, as defined by the laws of the state of Tennessee or any other state of the United States or by the criminal statutes of the government of the United States, shall not be eligible to apply for release from the county workhouse during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132. (c) (1) Notwithstanding this section, § 55-10-402 or § 55-50-504(a)(2) to the contrary, the judge may sentence persons convicted of a second violation of § 55-10-401 or § 55-50-504(a)(2) , to the work release program established pursuant to this section if, prior to doing so, the following conditions have been met: (A) An investigative report is completed and considered by the judge, with the report confirming the defendant's employment and the employer's willingness to participate in the work release program, including, but not limited to, reports to monitor the defendant's attendance, performance and response to treatment; (B) A plan acceptable to the judge is established to provide for the monitoring of the defendant's whereabouts while at or on the defendant's job; and (C) The defendant agrees to defray, to the best of the defendant's ability, the cost of incarceration and treatment. (2) No person convicted of a second violation of § 55-10-401 that results in personal injury to, or the death of, another shall be sentenced to the work release program. (3) As a condition to participation in the work release program, the defendant must agree to be screened, at least daily, for the purpose of determining whether the defendant has consumed alcohol or illegal drugs. (4) A defendant permitted to participate in a work release program pursuant to this section shall not be permitted to operate a motor vehicle while participating in the program and shall at all times, when not actually at the place of employment or while being transported to or from the place of employment, remain in actual incarceration as provided by law. (5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5). (B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same. (C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule. (D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay. (6) A county that permits a person convicted of a second offense violation of § 55-10-401 to be sentenced to a work release program shall maintain records sufficient to allow an annual determination of whether participation in any way diminishes the effectiveness of § 55-10-402 . (7) (A) On an annual basis, the county legislative body shall conduct a public hearing to examine, monitor and evaluate the work release program operating under the authority of this subsection (c) to ensure that all requirements of this subsection (c) are being complied with and that the program is being operated in accordance with this subsection (c). As part of the public hearing, the county legislative body shall discuss the program's effectiveness and compliance and hear the opinions of the public concerning the program. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. (B) If the county legislative body finds through its public hearing or any other information the body may obtain that the work release program is being operated in compliance with this subsection (c), it shall so certify the program. The certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county. (C) If the board finds that a work release program is not being operated in compliance with this subsection (c), it shall not certify the program. The failure of certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county. Amended by 2013 Tenn. Acts, ch. 154, Secs.s 39, s 40eff. 7/1/2013. Acts 1967, ch. 259, § 2; 1972, ch. 626, § 2; impl. am. Acts 1978, ch. 934, § 36; 1980, ch. 692, §§ 1, 2; T.C.A., § 41-1238; Acts 1990, ch. 1065, § 1; 1991, ch. 269, §1; 1991, ch. 472, §§1, 2; 1992, ch. 902, §§ 1-3; 1995, ch. 187, § 1; 2002, ch. 628, § 1.
(a) Whenever any person has been sentenced to undergo imprisonment in a county workhouse, referred to as the "workhouse" in this chapter, for the commission of a crime defined as a misdemeanor by the laws of the state of Tennessee, the county board of commissioners, if there is one, or, otherwise, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned, upon application made therefore by the warden, superintendent, prison keeper or other administrative head of a workhouse, may, by order, direct the warden, superintendent, prison keeper or other administrative head of a workhouse to permit the prisoner to leave the workhouse during necessary and reasonable hours for the purpose of working at the prisoner's employment, conducting the prisoner's own business or other self-employed occupation, including, in the case of a woman, housekeeping and attending to the needs of the woman's family, seeking employment, attendance at an educational institution or securing medical treatment. Similarly, the judge of the circuit court, criminal court or general sessions court having jurisdiction in the county where the person is imprisoned may, upon application of the sheriff, enter a like order for the same purpose for jail prisoners. The order may be rescinded or modified at any time with or without notice to the prisoner.
(b) Whenever any person has been sentenced to undergo imprisonment in a county workhouse due to the violation of a criminal statute that is a felony under the laws of the state of Tennessee, then the individual may be allowed to leave the county workhouse during necessary and reasonable hours for occupational, scholastic or medical purposes. Any individual serving a felony sentence based on a crime against person or property who has a previous sentence defined as a felony against person or property, as defined by the laws of the state of Tennessee or any other state of the United States or by the criminal statutes of the government of the United States, shall not be eligible to apply for release from the county workhouse during reasonable and necessary hours for occupational, scholastic or medical purposes as provided in §§ 41-2-127 - 41-2-132.
(c) (1) Notwithstanding this section, § 55-10-402 or § 55-50-504(a)(2) to the contrary, the judge may sentence persons convicted of a second violation of § 55-10-401 or § 55-50-504(a)(2) , to the work release program established pursuant to this section if, prior to doing so, the following conditions have been met: (A) An investigative report is completed and considered by the judge, with the report confirming the defendant's employment and the employer's willingness to participate in the work release program, including, but not limited to, reports to monitor the defendant's attendance, performance and response to treatment; (B) A plan acceptable to the judge is established to provide for the monitoring of the defendant's whereabouts while at or on the defendant's job; and (C) The defendant agrees to defray, to the best of the defendant's ability, the cost of incarceration and treatment. (2) No person convicted of a second violation of § 55-10-401 that results in personal injury to, or the death of, another shall be sentenced to the work release program. (3) As a condition to participation in the work release program, the defendant must agree to be screened, at least daily, for the purpose of determining whether the defendant has consumed alcohol or illegal drugs. (4) A defendant permitted to participate in a work release program pursuant to this section shall not be permitted to operate a motor vehicle while participating in the program and shall at all times, when not actually at the place of employment or while being transported to or from the place of employment, remain in actual incarceration as provided by law. (5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5). (B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same. (C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule. (D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay. (6) A county that permits a person convicted of a second offense violation of § 55-10-401 to be sentenced to a work release program shall maintain records sufficient to allow an annual determination of whether participation in any way diminishes the effectiveness of § 55-10-402 . (7) (A) On an annual basis, the county legislative body shall conduct a public hearing to examine, monitor and evaluate the work release program operating under the authority of this subsection (c) to ensure that all requirements of this subsection (c) are being complied with and that the program is being operated in accordance with this subsection (c). As part of the public hearing, the county legislative body shall discuss the program's effectiveness and compliance and hear the opinions of the public concerning the program. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. (B) If the county legislative body finds through its public hearing or any other information the body may obtain that the work release program is being operated in compliance with this subsection (c), it shall so certify the program. The certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county. (C) If the board finds that a work release program is not being operated in compliance with this subsection (c), it shall not certify the program. The failure of certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.
(1) Notwithstanding this section, § 55-10-402 or § 55-50-504(a)(2) to the contrary, the judge may sentence persons convicted of a second violation of § 55-10-401 or § 55-50-504(a)(2) , to the work release program established pursuant to this section if, prior to doing so, the following conditions have been met: (A) An investigative report is completed and considered by the judge, with the report confirming the defendant's employment and the employer's willingness to participate in the work release program, including, but not limited to, reports to monitor the defendant's attendance, performance and response to treatment; (B) A plan acceptable to the judge is established to provide for the monitoring of the defendant's whereabouts while at or on the defendant's job; and (C) The defendant agrees to defray, to the best of the defendant's ability, the cost of incarceration and treatment.
(A) An investigative report is completed and considered by the judge, with the report confirming the defendant's employment and the employer's willingness to participate in the work release program, including, but not limited to, reports to monitor the defendant's attendance, performance and response to treatment;
(B) A plan acceptable to the judge is established to provide for the monitoring of the defendant's whereabouts while at or on the defendant's job; and
(C) The defendant agrees to defray, to the best of the defendant's ability, the cost of incarceration and treatment.
(2) No person convicted of a second violation of § 55-10-401 that results in personal injury to, or the death of, another shall be sentenced to the work release program.
(3) As a condition to participation in the work release program, the defendant must agree to be screened, at least daily, for the purpose of determining whether the defendant has consumed alcohol or illegal drugs.
(4) A defendant permitted to participate in a work release program pursuant to this section shall not be permitted to operate a motor vehicle while participating in the program and shall at all times, when not actually at the place of employment or while being transported to or from the place of employment, remain in actual incarceration as provided by law.
(5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5). (B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same. (C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule. (D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
(A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).
(B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.
(C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.
(D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
(6) A county that permits a person convicted of a second offense violation of § 55-10-401 to be sentenced to a work release program shall maintain records sufficient to allow an annual determination of whether participation in any way diminishes the effectiveness of § 55-10-402 .
(7) (A) On an annual basis, the county legislative body shall conduct a public hearing to examine, monitor and evaluate the work release program operating under the authority of this subsection (c) to ensure that all requirements of this subsection (c) are being complied with and that the program is being operated in accordance with this subsection (c). As part of the public hearing, the county legislative body shall discuss the program's effectiveness and compliance and hear the opinions of the public concerning the program. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. (B) If the county legislative body finds through its public hearing or any other information the body may obtain that the work release program is being operated in compliance with this subsection (c), it shall so certify the program. The certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county. (C) If the board finds that a work release program is not being operated in compliance with this subsection (c), it shall not certify the program. The failure of certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.
(A) On an annual basis, the county legislative body shall conduct a public hearing to examine, monitor and evaluate the work release program operating under the authority of this subsection (c) to ensure that all requirements of this subsection (c) are being complied with and that the program is being operated in accordance with this subsection (c). As part of the public hearing, the county legislative body shall discuss the program's effectiveness and compliance and hear the opinions of the public concerning the program. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting.
(B) If the county legislative body finds through its public hearing or any other information the body may obtain that the work release program is being operated in compliance with this subsection (c), it shall so certify the program. The certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.
(C) If the board finds that a work release program is not being operated in compliance with this subsection (c), it shall not certify the program. The failure of certification shall be transmitted to all judges having jurisdiction over the offense of driving under the influence of an intoxicant in the county.
Amended by 2013 Tenn. Acts, ch. 154, Secs.s 39, s 40eff. 7/1/2013.
Acts 1967, ch. 259, § 2; 1972, ch. 626, § 2; impl. am. Acts 1978, ch. 934, § 36; 1980, ch. 692, §§ 1, 2; T.C.A., § 41-1238; Acts 1990, ch. 1065, § 1; 1991, ch. 269, §1; 1991, ch. 472, §§1, 2; 1992, ch. 902, §§ 1-3; 1995, ch. 187, § 1; 2002, ch. 628, § 1.
Tenn. Code Ann. § 41-11-107 — TN Code / Title 41 / Chapter 11 / Section 41-11-107
Reimbursement of expenses - Civil action
Status: in_force

(a) The county mayor may file a civil action to seek reimbursement from an inmate for maintenance and support of that person while that person was an inmate or for any other expense for which the county may be reimbursed under this chapter. (b) A civil action brought under this chapter shall be instituted in the name of the county in which the jail is located and shall state the date and place of sentence, the length of time set forth in the sentence, the length of time actually served and the amount or amounts due to the county pursuant to § 41-11-103 . (c) Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support. (d) The court may enter a civil judgment against the defendant and may order that the defendant's property be attached for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under § 41-11-103 . Acts 1995, ch. 522, §8; 2003 , ch. 90, § 2.
(a) The county mayor may file a civil action to seek reimbursement from an inmate for maintenance and support of that person while that person was an inmate or for any other expense for which the county may be reimbursed under this chapter.
(b) A civil action brought under this chapter shall be instituted in the name of the county in which the jail is located and shall state the date and place of sentence, the length of time set forth in the sentence, the length of time actually served and the amount or amounts due to the county pursuant to § 41-11-103 .
(c) Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
(d) The court may enter a civil judgment against the defendant and may order that the defendant's property be attached for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under § 41-11-103 .
Acts 1995, ch. 522, §8; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-22-214 — TN Code / Title 41 / Chapter 22 / Section 41-22-214
Payments under contract
Status: in_force

Where a contract is made with any county for inmate labor, payments therefor shall be made to the commissioner by the fifteenth of each and every month during the life of the contract. Acts 1981, ch. 378, § 1; T.C.A., § 41-514.
Where a contract is made with any county for inmate labor, payments therefor shall be made to the commissioner by the fifteenth of each and every month during the life of the contract.
Acts 1981, ch. 378, § 1; T.C.A., § 41-514.
Tenn. Code Ann. § 41-51-101 — TN Code / Title 41 / Chapter 51 / Section 41-51-101
Protection against bloodborne pathogens
Status: in_force

The superintendent, director or warden of any correctional institution or county or municipal jail or workhouse shall provide training in universal precaution from bloodborne pathogens for all employees at risk for potential occupational exposure to bloodborne pathogens, including, but not limited to, hepatitis B or HIV (AIDS). Voluntary vaccinations shall be provided and strongly encouraged for all employees at risk. In order to increase the awareness of the need for practicing universal precaution, the superintendent, director or warden may periodically warn all employees at risk of potential exposure that a portion of the inmate population is likely to be infected with a bloodborne pathogen. Acts 1994, ch. 734, § 1.
The superintendent, director or warden of any correctional institution or county or municipal jail or workhouse shall provide training in universal precaution from bloodborne pathogens for all employees at risk for potential occupational exposure to bloodborne pathogens, including, but not limited to, hepatitis B or HIV (AIDS). Voluntary vaccinations shall be provided and strongly encouraged for all employees at risk. In order to increase the awareness of the need for practicing universal precaution, the superintendent, director or warden may periodically warn all employees at risk of potential exposure that a portion of the inmate population is likely to be infected with a bloodborne pathogen.
Acts 1994, ch. 734, § 1.
Tenn. Code Ann. § 41-11-104 — TN Code / Title 41 / Chapter 11 / Section 41-11-104
Denial of certain privileges prohibited
Status: in_force

The failure of an inmate to provide information on the inmate's financial status shall not be grounds for the denial by the county of any privilege ordinarily available to an inmate, such as behavior or programmatic credits, parole or participation in work programs. Acts 1995, ch. 522, § 5.
The failure of an inmate to provide information on the inmate's financial status shall not be grounds for the denial by the county of any privilege ordinarily available to an inmate, such as behavior or programmatic credits, parole or participation in work programs.
Acts 1995, ch. 522, § 5.
Tenn. Code Ann. § 41-21-509 — TN Code / Title 41 / Chapter 21 / Section 41-21-509
Participation in educational programs for inmates
Status: in_force

(a) The division has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during the necessary hours to participate in educational classes and technical-vocational training within the state. The department of education shall develop suitable courses based on employment demands, and first term inmates and second term inmates who have demonstrated efforts at self improvement shall be encouraged to enroll in the training classes. Prospective employers also shall be encouraged to assist in the planning and supervision of various phases of job training programs. (b) The scholastic release plan for individual first term inmates and second term inmates shall be subject to constant review by the director and may be terminated at any time with or without notice to the inmate. Infractions of rules or abuse of privileges shall not be tolerated. Acts 1970, ch. 471, § 9; 1972, ch. 538, § 6; T.C.A., § 41-1809.
(a) The division has the authority to permit certain first term inmates and second term inmates to leave correctional institutions during the necessary hours to participate in educational classes and technical-vocational training within the state. The department of education shall develop suitable courses based on employment demands, and first term inmates and second term inmates who have demonstrated efforts at self improvement shall be encouraged to enroll in the training classes. Prospective employers also shall be encouraged to assist in the planning and supervision of various phases of job training programs.
(b) The scholastic release plan for individual first term inmates and second term inmates shall be subject to constant review by the director and may be terminated at any time with or without notice to the inmate. Infractions of rules or abuse of privileges shall not be tolerated.
Acts 1970, ch. 471, § 9; 1972, ch. 538, § 6; T.C.A., § 41-1809.
Tenn. Code Ann. § 41-1-602 — TN Code / Title 41 / Chapter 1 / Section 41-1-602
Establishment
Status: in_force

(a) The commissioner of correction is authorized to designate certain institutions as regional state workhouses that may be operated by the department of correction to house prisoners sentenced to confinement for six (6) years or less. (b) Regional state workhouses may be established in one (1) or more development districts created pursuant to title 13, chapter 14. (c) The institutions shall be sufficiently secure to prevent the unauthorized absence by prisoners in the institutions. (d) Suitable living quarters shall be maintained and, where possible, the department should provide transportation to jobs and to vocational, educational or other programs in the community. Acts 1989, ch. 484, § 2; T.C.A. § 41-1-702.
(a) The commissioner of correction is authorized to designate certain institutions as regional state workhouses that may be operated by the department of correction to house prisoners sentenced to confinement for six (6) years or less.
(b) Regional state workhouses may be established in one (1) or more development districts created pursuant to title 13, chapter 14.
(c) The institutions shall be sufficiently secure to prevent the unauthorized absence by prisoners in the institutions.
(d) Suitable living quarters shall be maintained and, where possible, the department should provide transportation to jobs and to vocational, educational or other programs in the community.
Acts 1989, ch. 484, § 2; T.C.A. § 41-1-702.
Tenn. Code Ann. § 41-21-211 — TN Code / Title 41 / Chapter 21 / Section 41-21-211
Bibles furnished
Status: in_force

Each inmate shall be provided with a Bible, which the inmate may be permitted to peruse in the inmate's cell at such times as the inmate is not required to perform prison labor. Code 1858, § 5510 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7529; Code 1932, § 12126; T.C.A. (orig. ed.), § 41-329.
Each inmate shall be provided with a Bible, which the inmate may be permitted to peruse in the inmate's cell at such times as the inmate is not required to perform prison labor.
Code 1858, § 5510 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7529; Code 1932, § 12126; T.C.A. (orig. ed.), § 41-329.
Tenn. Code Ann. § 41-21-814 — TN Code / Title 41 / Chapter 21 / Section 41-21-814
Part not modifiable or repealable by supreme court
Status: in_force

Notwithstanding any provision of law to the contrary, this part may not be modified or repealed by any rule promulgated or adopted by the supreme court. Acts 1996, ch. 913, § 1.
Notwithstanding any provision of law to the contrary, this part may not be modified or repealed by any rule promulgated or adopted by the supreme court.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-6-101 — TN Code / Title 41 / Chapter 6 / Section 41-6-101
Short title
Status: in_force

This part shall be known and may be cited as the "Restitution Centers Act of 1976." Acts 1976, ch. 818, § 1; T.C.A., § 41-2301.
This part shall be known and may be cited as the "Restitution Centers Act of 1976."
Acts 1976, ch. 818, § 1; T.C.A., § 41-2301.
Tenn. Code Ann. § 41-9-202 — TN Code / Title 41 / Chapter 9 / Section 41-9-202
Applications for probationer labor
Status: in_force

(a) Any charitable organization or governmental entity within the county is eligible to apply with the county community work project coordinator of the county for county probationer labor to perform a specific work project for the organization or entity. (b) The application forms shall be prepared by the work project coordinator of each county but shall contain the following information: (1) The charitable organization or governmental entity for whom the work will be performed; (2) The specific work project for which county probationer labor is requested; (3) The specific job skills, if any, that will be required to complete the project; (4) The number of county probationers requested for the project; (5) The anticipated period of time the work project will take to complete; and (6) The person in the organization or entity that will be responsible for the supervision and care of any county probationer working on the project. (c) When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), or any agency, branch, department or other entity of municipal, county or state government may submit an application for county probationer labor to the county community work project coordinator of the county in which the work project is to be performed. (d) The county community work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for county probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve it or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application. (e) The decision of a county community work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation of the county has authority over the appeals. Acts 1986, ch. 742, § 1.
(a) Any charitable organization or governmental entity within the county is eligible to apply with the county community work project coordinator of the county for county probationer labor to perform a specific work project for the organization or entity.
(b) The application forms shall be prepared by the work project coordinator of each county but shall contain the following information: (1) The charitable organization or governmental entity for whom the work will be performed; (2) The specific work project for which county probationer labor is requested; (3) The specific job skills, if any, that will be required to complete the project; (4) The number of county probationers requested for the project; (5) The anticipated period of time the work project will take to complete; and (6) The person in the organization or entity that will be responsible for the supervision and care of any county probationer working on the project.
(1) The charitable organization or governmental entity for whom the work will be performed;
(2) The specific work project for which county probationer labor is requested;
(3) The specific job skills, if any, that will be required to complete the project;
(4) The number of county probationers requested for the project;
(5) The anticipated period of time the work project will take to complete; and
(6) The person in the organization or entity that will be responsible for the supervision and care of any county probationer working on the project.
(c) When the work project application forms have been prepared, any charitable organization exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), or any agency, branch, department or other entity of municipal, county or state government may submit an application for county probationer labor to the county community work project coordinator of the county in which the work project is to be performed.
(d) The county community work project coordinator shall review each application so submitted and first determine whether the organization or entity is eligible for county probationer labor under subsection (c). If the coordinator determines it is not, the application shall be rejected. If the coordinator determines that the application is from an eligible organization or entity, the coordinator may approve it or reject it. If it is rejected, the coordinator shall state the reasons for the rejection in writing and send a copy to the applicant. The coordinator may also approve an application subject to certain modifications the coordinator deems necessary. If of the opinion that a work project should be modified as to certain particulars, the coordinator shall send a copy of the proposed modifications to the applicant. If the applicant agrees to the modifications, the coordinator may approve the application as modified. If the coordinator and applicant cannot agree as to some or all of the modifications, the coordinator may approve the application as originally filed, may approve the application subject to the agreed upon modifications or may reject the application.
(e) The decision of a county community work project coordinator as to whether an organization or entity is eligible for a work project and as to whether the application should be approved or rejected shall be final and shall not be subject to review by appeal except in cases of abuse of discretion. The director of probation of the county has authority over the appeals.
Acts 1986, ch. 742, § 1.
Tenn. Code Ann. § 41-22-302 — TN Code / Title 41 / Chapter 22 / Section 41-22-302
Contracts without delay
Status: in_force

The contracts are to be made without delay when an inmate is confined in the county jail. It is made the duty of those having the superintendence of the working of the public roads, or road contractors, to enter into contracts immediately with the board named in § 41-22-301 for the employment of the inmates. Acts 1899, ch. 358, § 1; Shan., § 1682a2; Code 1932, § 2815; T.C.A. (orig. ed.), § 41-1302.
The contracts are to be made without delay when an inmate is confined in the county jail. It is made the duty of those having the superintendence of the working of the public roads, or road contractors, to enter into contracts immediately with the board named in § 41-22-301 for the employment of the inmates.
Acts 1899, ch. 358, § 1; Shan., § 1682a2; Code 1932, § 2815; T.C.A. (orig. ed.), § 41-1302.
Tenn. Code Ann. § 41-4-118 — TN Code / Title 41 / Chapter 4 / Section 41-4-118
Employment of guard
Status: in_force

In all cases where a defendant charged with the commission of a felony is committed to jail, either before or after trial, and the safety of the defendant or the defendant's safekeeping, requires a guard, it is the duty of the sheriff to employ a sufficient guard to protect the defendant from violence and to prevent the defendant's escape or rescue. Nothing in §§ 41-4-118 - 41-4-120 authorizes the employment of a guard in cases of insufficient jails, but in such cases the defendants shall be sent to adjoining counties, as required by law. Acts 1859-1860, ch. 28, § 1; Shan., § 7377; Code 1932, §11986; T.C.A. (orig. ed.), § 41-1120.
In all cases where a defendant charged with the commission of a felony is committed to jail, either before or after trial, and the safety of the defendant or the defendant's safekeeping, requires a guard, it is the duty of the sheriff to employ a sufficient guard to protect the defendant from violence and to prevent the defendant's escape or rescue. Nothing in §§ 41-4-118 - 41-4-120 authorizes the employment of a guard in cases of insufficient jails, but in such cases the defendants shall be sent to adjoining counties, as required by law.
Acts 1859-1860, ch. 28, § 1; Shan., § 7377; Code 1932, §11986; T.C.A. (orig. ed.), § 41-1120.
Tenn. Code Ann. § 41-22-116 — TN Code / Title 41 / Chapter 22 / Section 41-22-116
Sale of prison-made goods in open market prohibited - Exceptions
Status: in_force

(a) (1) Except as provided in subsections (c)-(f), a person, firm, association, corporation, federal or state authority, or political subdivision thereof, shall not sell or offer for sale goods, wares, or merchandise manufactured, in whole or in part, by inmates, except inmates on parole or probation. This section does not prohibit the sale, exchange, or disposition of those goods to an institution supported wholly or in part by funds derived from public taxation and operated under the supervision of the United States, this state, or any other state, or any political subdivision thereof. (2) Notwithstanding subdivision (a)(1), goods, wares, and merchandise manufactured by inmates may be offered for sale to government entities or to private nonprofit corporations and charitable organizations that are duly chartered as such under the laws of this state on such terms and conditions as the TRICOR board deems to be in the best interest of this state and if the TRICOR board determines the sales do not unfairly compete with private sector businesses in this state. The inmates making the goods, wares, and merchandise for resale to government entities or to private nonprofit corporations and charitable organizations must be paid an appropriate wage so that the products do not unfairly compete with private sector businesses in this state. (b) Notwithstanding subsection (a), this section shall not be construed so as to limit the display and casual sale to the public of arts and crafts made by adult and juvenile inmates at any approved departmental outlets, art and craft exhibitions, state parks or any appropriate display or exhibition program. (c) The state or a prison contractor operating pursuant to the Private Prison Contracting Act of 1986, compiled in chapter 24 of this title, is authorized to develop industry programs in correctional facilities, pursuant to which inmates shall manufacture goods to be sold on the open market. No goods may be manufactured for sale on the open market pursuant to this section unless the goods are determined by the department of economic and community development to be goods not otherwise manufactured in Tennessee. For any programs for manufacture of goods for sale on the open market, the TRICOR board shall establish a wage rate for inmates and shall establish a rate of payment by inmates to reimburse the state for providing room and board. (d) The TRICOR board may contract with food processors for the purposes of processing and packaging agricultural products produced in whole or in part by inmates, except inmates on parole or probation, or exchanging the agricultural products for food products of comparable value. (e) The TRICOR board is authorized to develop joint ventures with private sector businesses upon such terms and conditions as the TRICOR board may deem to be in the best interest of the state. These ventures shall operate pursuant to the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L. 96-157, as amended) and in accordance with §§ 41-6-204 , 41-6-205(a) and (c) , 41-6-206 and 41-6-207 . Section 41-6-205(b) also applies to ventures in which inmates are employed by private industries. Eligibility for participation will not be extended to those businesses that have ceased Tennessee operations within twenty-four (24) months of the initiation of the venture or during such venture. If the private sector business is doing business in Tennessee, the venture shall not cause the loss of jobs for Tennessee employees. Goods produced in these ventures may be sold on the open market. (f) The TRICOR board is authorized to develop policies for the sale of TRICOR products to state, city and county employees. Any products sold directly to these employees shall not be made available for commercial resale. The board shall designate two percent (2%) of total annual sales from state, city and county employees to inmate educational programs. Policies developed by the TRICOR board as authorized by this section shall be reviewed by the state and local government committee of the senate and the state government committee of the house of representatives prior to implementation of the sale of products to state, city and county employees. Policies developed by the TRICOR board shall take into account possible competition with retail merchants and the impact on state and local sales tax collections. (g) The TRICOR board is authorized to develop policies for the sale of goods, wares or merchandise to inmates who are within the custody of the department of correction. (h) Each violation of this section by a person, firm or corporation is a Class C misdemeanor. Amended by 2021 Tenn. Acts, ch. 338, s 1, eff. 5/4/2021. Amended by 2021 Tenn. Acts, ch. 64, s 57, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 67, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1937, ch. 67, §§ 1, 2; C. Supp. 1950, § 12206.1 (Williams, §§ 12209.3, 12209.4); Acts 1972, ch. 576, § 22; 1978, ch. 542, § 1; T.C.A. (orig. ed.), § 41-418; Acts 1986, ch. 932, § 16; 1987, ch. 238, § 1, 2; 1989, ch. 591, § 113; 1991, ch. 78, §§ 1-3; 1992, ch. 1022, § 5; 1994, ch. 737, §§ 11, 12; 1996, ch. 564, § 2; 2003 , ch. 378, §§ 1, 2; 2010 , ch. 896, § 1; 2011 , ch. 410, § 2(h).
(a) (1) Except as provided in subsections (c)-(f), a person, firm, association, corporation, federal or state authority, or political subdivision thereof, shall not sell or offer for sale goods, wares, or merchandise manufactured, in whole or in part, by inmates, except inmates on parole or probation. This section does not prohibit the sale, exchange, or disposition of those goods to an institution supported wholly or in part by funds derived from public taxation and operated under the supervision of the United States, this state, or any other state, or any political subdivision thereof. (2) Notwithstanding subdivision (a)(1), goods, wares, and merchandise manufactured by inmates may be offered for sale to government entities or to private nonprofit corporations and charitable organizations that are duly chartered as such under the laws of this state on such terms and conditions as the TRICOR board deems to be in the best interest of this state and if the TRICOR board determines the sales do not unfairly compete with private sector businesses in this state. The inmates making the goods, wares, and merchandise for resale to government entities or to private nonprofit corporations and charitable organizations must be paid an appropriate wage so that the products do not unfairly compete with private sector businesses in this state.
(1) Except as provided in subsections (c)-(f), a person, firm, association, corporation, federal or state authority, or political subdivision thereof, shall not sell or offer for sale goods, wares, or merchandise manufactured, in whole or in part, by inmates, except inmates on parole or probation. This section does not prohibit the sale, exchange, or disposition of those goods to an institution supported wholly or in part by funds derived from public taxation and operated under the supervision of the United States, this state, or any other state, or any political subdivision thereof.
(2) Notwithstanding subdivision (a)(1), goods, wares, and merchandise manufactured by inmates may be offered for sale to government entities or to private nonprofit corporations and charitable organizations that are duly chartered as such under the laws of this state on such terms and conditions as the TRICOR board deems to be in the best interest of this state and if the TRICOR board determines the sales do not unfairly compete with private sector businesses in this state. The inmates making the goods, wares, and merchandise for resale to government entities or to private nonprofit corporations and charitable organizations must be paid an appropriate wage so that the products do not unfairly compete with private sector businesses in this state.
(b) Notwithstanding subsection (a), this section shall not be construed so as to limit the display and casual sale to the public of arts and crafts made by adult and juvenile inmates at any approved departmental outlets, art and craft exhibitions, state parks or any appropriate display or exhibition program.
(c) The state or a prison contractor operating pursuant to the Private Prison Contracting Act of 1986, compiled in chapter 24 of this title, is authorized to develop industry programs in correctional facilities, pursuant to which inmates shall manufacture goods to be sold on the open market. No goods may be manufactured for sale on the open market pursuant to this section unless the goods are determined by the department of economic and community development to be goods not otherwise manufactured in Tennessee. For any programs for manufacture of goods for sale on the open market, the TRICOR board shall establish a wage rate for inmates and shall establish a rate of payment by inmates to reimburse the state for providing room and board.
(d) The TRICOR board may contract with food processors for the purposes of processing and packaging agricultural products produced in whole or in part by inmates, except inmates on parole or probation, or exchanging the agricultural products for food products of comparable value.
(e) The TRICOR board is authorized to develop joint ventures with private sector businesses upon such terms and conditions as the TRICOR board may deem to be in the best interest of the state. These ventures shall operate pursuant to the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L. 96-157, as amended) and in accordance with §§ 41-6-204 , 41-6-205(a) and (c) , 41-6-206 and 41-6-207 . Section 41-6-205(b) also applies to ventures in which inmates are employed by private industries. Eligibility for participation will not be extended to those businesses that have ceased Tennessee operations within twenty-four (24) months of the initiation of the venture or during such venture. If the private sector business is doing business in Tennessee, the venture shall not cause the loss of jobs for Tennessee employees. Goods produced in these ventures may be sold on the open market.
(f) The TRICOR board is authorized to develop policies for the sale of TRICOR products to state, city and county employees. Any products sold directly to these employees shall not be made available for commercial resale. The board shall designate two percent (2%) of total annual sales from state, city and county employees to inmate educational programs. Policies developed by the TRICOR board as authorized by this section shall be reviewed by the state and local government committee of the senate and the state government committee of the house of representatives prior to implementation of the sale of products to state, city and county employees. Policies developed by the TRICOR board shall take into account possible competition with retail merchants and the impact on state and local sales tax collections.
(g) The TRICOR board is authorized to develop policies for the sale of goods, wares or merchandise to inmates who are within the custody of the department of correction.
(h) Each violation of this section by a person, firm or corporation is a Class C misdemeanor.
Amended by 2021 Tenn. Acts, ch. 338, s 1, eff. 5/4/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 57, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 67, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1937, ch. 67, §§ 1, 2; C. Supp. 1950, § 12206.1 (Williams, §§ 12209.3, 12209.4); Acts 1972, ch. 576, § 22; 1978, ch. 542, § 1; T.C.A. (orig. ed.), § 41-418; Acts 1986, ch. 932, § 16; 1987, ch. 238, § 1, 2; 1989, ch. 591, § 113; 1991, ch. 78, §§ 1-3; 1992, ch. 1022, § 5; 1994, ch. 737, §§ 11, 12; 1996, ch. 564, § 2; 2003 , ch. 378, §§ 1, 2; 2010 , ch. 896, § 1; 2011 , ch. 410, § 2(h).
Tenn. Code Ann. § 41-4-128 — TN Code / Title 41 / Chapter 4 / Section 41-4-128
Accounts of appropriated funds
Status: in_force

It is the duty of the county trustee to keep a book in which the trustee keeps an account showing the amounts appropriated from time to time, and also to keep a correct account of all moneys drawn by the sheriff from the contingent fund. Acts 1870-1871, ch. 95, § 2; Shan., § 7389; Code 1932, §11998; T.C.A. (orig. ed.), § 41-1132.
It is the duty of the county trustee to keep a book in which the trustee keeps an account showing the amounts appropriated from time to time, and also to keep a correct account of all moneys drawn by the sheriff from the contingent fund.
Acts 1870-1871, ch. 95, § 2; Shan., § 7389; Code 1932, §11998; T.C.A. (orig. ed.), § 41-1132.
Tenn. Code Ann. § 41-1-604 — TN Code / Title 41 / Chapter 1 / Section 41-1-604
Advisory board
Status: in_force

The sheriff or sheriffs and district attorney general or district attorneys general or their designees of judicial districts designated in § 41-1-603 shall form an advisory board to periodically review the management and operation of the regional workhouses and to make recommendations to the commissioner relative to the management and operation of the facilities. Acts 1989, ch. 484, § 4; T.C.A. § 41-1-704.
The sheriff or sheriffs and district attorney general or district attorneys general or their designees of judicial districts designated in § 41-1-603 shall form an advisory board to periodically review the management and operation of the regional workhouses and to make recommendations to the commissioner relative to the management and operation of the facilities.
Acts 1989, ch. 484, § 4; T.C.A. § 41-1-704.
Tenn. Code Ann. § 41-12-117 — TN Code / Title 41 / Chapter 12 / Section 41-12-117
Additional and supplemental powers - Participation of certain entities
Status: in_force

(a) The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law and are not in substitution for those powers, and the limitations imposed by this chapter shall not affect those powers. (b) The powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter. (c) Any metropolitan government or any home rule municipality authorized under this chapter to participate in a regional jail authority pursuant to this chapter may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary. Acts 2008, ch. 1092, § 18.
(a) The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law and are not in substitution for those powers, and the limitations imposed by this chapter shall not affect those powers.
(b) The powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter.
(c) Any metropolitan government or any home rule municipality authorized under this chapter to participate in a regional jail authority pursuant to this chapter may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 2008, ch. 1092, § 18.
Tenn. Code Ann. § 41-1-411 — TN Code / Title 41 / Chapter 1 / Section 41-1-411
Adding local facilities to corrections system
Status: in_force

While adding local facilities may be beneficial for the total corrections system, careful consideration should be given both to the needs of the state and the needs of local governments. The state should commit to adding local facilities to meet state needs only when the facilities clearly appear to offer a more cost-effective alternative to adding state facilities over a reasonable period of time. Acts 1985 (1st Ex. Sess.), ch. 5, § 50; T.C.A. § 41-1-412 .
While adding local facilities may be beneficial for the total corrections system, careful consideration should be given both to the needs of the state and the needs of local governments. The state should commit to adding local facilities to meet state needs only when the facilities clearly appear to offer a more cost-effective alternative to adding state facilities over a reasonable period of time.
Acts 1985 (1st Ex. Sess.), ch. 5, § 50; T.C.A. § 41-1-412 .
Tenn. Code Ann. § 41-24-119 — TN Code / Title 41 / Chapter 24 / Section 41-24-119
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, after May 8, 2007, no prison contractor shall contract to accept an out-of-state prisoner for incarceration within any correctional facility operated by the prison contractor within Tennessee 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. Acts 2007 , ch. 110, § 2.
(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, after May 8, 2007, no prison contractor shall contract to accept an out-of-state prisoner for incarceration within any correctional facility operated by the prison contractor within Tennessee 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.
Acts 2007 , ch. 110, § 2.
Tenn. Code Ann. § 41-6-303 — TN Code / Title 41 / Chapter 6 / Section 41-6-303
Disposition of proceeds from inmate-produced items
Status: in_force

(a) Any inmate producing arts and crafts items for sale pursuant to this part shall, pursuant to policies established by the commissioner, pay from moneys received from sales, and the commissioner may deduct therefrom in the following order: (1) A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and § 40-24-107 , and thereafter to any state fund established by law to compensate victims of crime; (2) Room and board in an amount to be determined by the department; (3) A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and (4) All remaining funds to the inmate's personal trust account. (b) No inmate may accumulate more than five hundred dollars ($500) in the inmate's personal trust account from arts and crafts sold pursuant to this part. This five-hundred-dollar limitation shall be cumulative and shall remain in effect for as long as the inmate is incarcerated. If funds remain from the sale of arts and crafts after the inmate's five-hundred-dollar personal trust account limitation has been reached, the excess funds shall be distributed as provided in subdivisions (a)(1)-(3). (c) Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by policy prescribe. Acts 1997 , ch. 336, § 1.
(a) Any inmate producing arts and crafts items for sale pursuant to this part shall, pursuant to policies established by the commissioner, pay from moneys received from sales, and the commissioner may deduct therefrom in the following order: (1) A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and § 40-24-107 , and thereafter to any state fund established by law to compensate victims of crime; (2) Room and board in an amount to be determined by the department; (3) A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and (4) All remaining funds to the inmate's personal trust account.
(1) A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and § 40-24-107 , and thereafter to any state fund established by law to compensate victims of crime;
(2) Room and board in an amount to be determined by the department;
(3) A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and
(4) All remaining funds to the inmate's personal trust account.
(b) No inmate may accumulate more than five hundred dollars ($500) in the inmate's personal trust account from arts and crafts sold pursuant to this part. This five-hundred-dollar limitation shall be cumulative and shall remain in effect for as long as the inmate is incarcerated. If funds remain from the sale of arts and crafts after the inmate's five-hundred-dollar personal trust account limitation has been reached, the excess funds shall be distributed as provided in subdivisions (a)(1)-(3).
(c) Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by policy prescribe.
Acts 1997 , ch. 336, § 1.
Tenn. Code Ann. § 41-1-405 — TN Code / Title 41 / Chapter 1 / Section 41-1-405
Impact on local correction systems
Status: in_force

The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their continuing role in the overall correction system of this state. The evaluation may be accomplished by a task force composed of all facets of the criminal justice system. Acts 1983, ch. 467, § 5.
The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their continuing role in the overall correction system of this state. The evaluation may be accomplished by a task force composed of all facets of the criminal justice system.
Acts 1983, ch. 467, § 5.
Tenn. Code Ann. § 41-2-122 — TN Code / Title 41 / Chapter 2 / Section 41-2-122
Transfer to state psychiatric hospital
Status: in_force

(a) Whenever the sheriff or superintendent or other official in charge of the county workhouse or penal farm determines that a prisoner convicted and sentenced to the workhouse or penal farm requires hospitalization for treatment of a mental illness, that official may seek the admission of the prisoner to a state psychiatric hospital under § 33-6-201 , title 33, chapter 6, part 4 or title 33, chapter 6, part 5. (b) A prisoner from a workhouse or penal farm who is admitted to a state psychiatric hospital under § 33-6-201 , title 33, chapter 6, part 4 or title 33, chapter 6, part 5 shall be returned to the workhouse or penal farm whenever the superintendent of the hospital determines that the prisoner no longer meets the standards under which the prisoner was admitted or when continued hospitalization is no longer advisable or beneficial. Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 164, § 1; 1977, ch. 387, § 3; T.C.A. (orig. ed.), §41-1230; Acts 1986, ch. 744, § 17; 2000, ch. 947, §§ 8A, 8C, 8E.
(a) Whenever the sheriff or superintendent or other official in charge of the county workhouse or penal farm determines that a prisoner convicted and sentenced to the workhouse or penal farm requires hospitalization for treatment of a mental illness, that official may seek the admission of the prisoner to a state psychiatric hospital under § 33-6-201 , title 33, chapter 6, part 4 or title 33, chapter 6, part 5.
(b) A prisoner from a workhouse or penal farm who is admitted to a state psychiatric hospital under § 33-6-201 , title 33, chapter 6, part 4 or title 33, chapter 6, part 5 shall be returned to the workhouse or penal farm whenever the superintendent of the hospital determines that the prisoner no longer meets the standards under which the prisoner was admitted or when continued hospitalization is no longer advisable or beneficial.
Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 164, § 1; 1977, ch. 387, § 3; T.C.A. (orig. ed.), §41-1230; Acts 1986, ch. 744, § 17; 2000, ch. 947, §§ 8A, 8C, 8E.
Tenn. Code Ann. § 41-2-110 — TN Code / Title 41 / Chapter 2 / Section 41-2-110
Accounts and reports
Status: in_force

(a) (1) The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for the workhouse, keeping the account for supplies separate from implements and tools. (2) The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date. (3) The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval. (b) The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body. Acts 1891, ch. 123, § 9; Shan., § 7412; Code 1932, §12023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1218.
(a) (1) The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for the workhouse, keeping the account for supplies separate from implements and tools. (2) The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date. (3) The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.
(1) The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for the workhouse, keeping the account for supplies separate from implements and tools.
(2) The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date.
(3) The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.
(b) The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body.
Acts 1891, ch. 123, § 9; Shan., § 7412; Code 1932, §12023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1218.
Tenn. Code Ann. § 41-8-103 — TN Code / Title 41 / Chapter 8 / Section 41-8-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Applicant county" means any county that applies to participate in the program; (2) "Approved applicant county" means any county selected as a participating county and any other applicant county certified by the commissioner as having submitted an acceptable proposal for participation in the program at a future date; (3) "Certified" refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in § 41-4-140 . Determination as to whether any facility has met these minimum standards shall be made by the director of the jail inspection division of the Tennessee corrections institute and certified to the county mayor and to the state judicial cost accountant; (4) "Commissioner" means the commissioner of correction or the commissioner's designee; (5) "County correctional incentive program" or "program" means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans; (6) "Detainee day" refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the department of correction during a designated contract period; (7) "Grant" means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county; (8) "Loan" means those funds provided under this chapter by the state to the county for which the state does require repayment by the county; (9) "Participating county" means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner; (10) "Plan" means the method by which the county intends to utilize the assistance available under this chapter; (11) "Prisoner day" means each day each state prisoner was held by a county pursuant to § 40-23-104 or § 40-35-311 and during a designated contract period, where applicable. "Prisoner day" also means each day each state prisoner sentenced to the department of correction was held by a county after the first five (5) days of incarceration following sentencing and during a designated contract period, where applicable; provided, that the prisoner's commitment to the department was delayed pursuant to chapter 1, part 5 of this title or pursuant to the order of a federal court. "Prisoner day" also means each day each state parolee is detained, held, or housed pending a parole revocation hearing; and (12) "Subsidy" means that amount of money paid by the state to a county in accordance with § 41-8-106 . Amended by 2022 Tenn. Acts, ch. 895, s 1, eff. 7/1/2022. Acts 1981, ch. 491, § 3; T.C.A., § 41-10-103 ; Acts 1983, ch. 357, §§ 1, 2; 1984, ch. 896, § 1; 1985 (1st Ex. Sess.), ch. 5, §55; 1986, ch. 744, §25; 2003 , ch. 90, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Applicant county" means any county that applies to participate in the program;
(2) "Approved applicant county" means any county selected as a participating county and any other applicant county certified by the commissioner as having submitted an acceptable proposal for participation in the program at a future date;
(3) "Certified" refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in § 41-4-140 . Determination as to whether any facility has met these minimum standards shall be made by the director of the jail inspection division of the Tennessee corrections institute and certified to the county mayor and to the state judicial cost accountant;
(4) "Commissioner" means the commissioner of correction or the commissioner's designee;
(5) "County correctional incentive program" or "program" means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans;
(6) "Detainee day" refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the department of correction during a designated contract period;
(7) "Grant" means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county;
(8) "Loan" means those funds provided under this chapter by the state to the county for which the state does require repayment by the county;
(9) "Participating county" means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner;
(10) "Plan" means the method by which the county intends to utilize the assistance available under this chapter;
(11) "Prisoner day" means each day each state prisoner was held by a county pursuant to § 40-23-104 or § 40-35-311 and during a designated contract period, where applicable. "Prisoner day" also means each day each state prisoner sentenced to the department of correction was held by a county after the first five (5) days of incarceration following sentencing and during a designated contract period, where applicable; provided, that the prisoner's commitment to the department was delayed pursuant to chapter 1, part 5 of this title or pursuant to the order of a federal court. "Prisoner day" also means each day each state parolee is detained, held, or housed pending a parole revocation hearing; and
(12) "Subsidy" means that amount of money paid by the state to a county in accordance with § 41-8-106 .
Amended by 2022 Tenn. Acts, ch. 895, s 1, eff. 7/1/2022.
Acts 1981, ch. 491, § 3; T.C.A., § 41-10-103 ; Acts 1983, ch. 357, §§ 1, 2; 1984, ch. 896, § 1; 1985 (1st Ex. Sess.), ch. 5, §55; 1986, ch. 744, §25; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-21-601 — TN Code / Title 41 / Chapter 21 / Section 41-21-601
Participation in medical experiments strictly voluntary
Status: in_force

The participation by inmates of state, county or city penal and reformatory institutions in any testing projects or other medical experiments shall be strictly voluntary. Acts 1974, ch. 770, § 1; T.C.A., § 41-2201.
The participation by inmates of state, county or city penal and reformatory institutions in any testing projects or other medical experiments shall be strictly voluntary.
Acts 1974, ch. 770, § 1; T.C.A., § 41-2201.
Tenn. Code Ann. § 41-21-904 — TN Code / Title 41 / Chapter 21 / Section 41-21-904
Inmate asset report
Status: in_force

The department shall develop a report on each inmate who is required to complete a form in accordance with § 41-21-903 , together with all other information available on the assets of the inmate and an estimate of the total cost of care for that inmate. Acts 1998, ch. 992, § 5.
The department shall develop a report on each inmate who is required to complete a form in accordance with § 41-21-903 , together with all other information available on the assets of the inmate and an estimate of the total cost of care for that inmate.
Acts 1998, ch. 992, § 5.
Tenn. Code Ann. § 41-1-125 — TN Code / Title 41 / Chapter 1 / Section 41-1-125
Local pre-release programs
Status: in_force

(a) The commissioner is authorized to enter into agreements with local governmental entities for the transfer of appropriate department of correction inmates to confinement in a local facility to participate in local pre-release programs. Participation by any county in such a program is voluntary. (b) No inmate shall be considered for transfer under an agreement authorized by this section unless expiration of the inmate's sentence is anticipated to occur within one (1) year after the transfer, or unless the inmate has been recommended for release on parole by the board of parole. (c) No inmate shall be considered for transfer under an agreement authorized by this section unless the inmate is considered a nonviolent offender. (d) The transfer of a department of correction inmate to physical custody in a local facility under this section does not operate to reinvest the trial court with jurisdiction over the manner of the inmate's sentence service. An inmate transferred under this section will be removed from the program and returned to the physical custody of the department at the sole discretion of the department. Acts 2008 , ch. 881, § 1.
(a) The commissioner is authorized to enter into agreements with local governmental entities for the transfer of appropriate department of correction inmates to confinement in a local facility to participate in local pre-release programs. Participation by any county in such a program is voluntary.
(b) No inmate shall be considered for transfer under an agreement authorized by this section unless expiration of the inmate's sentence is anticipated to occur within one (1) year after the transfer, or unless the inmate has been recommended for release on parole by the board of parole.
(c) No inmate shall be considered for transfer under an agreement authorized by this section unless the inmate is considered a nonviolent offender.
(d) The transfer of a department of correction inmate to physical custody in a local facility under this section does not operate to reinvest the trial court with jurisdiction over the manner of the inmate's sentence service. An inmate transferred under this section will be removed from the program and returned to the physical custody of the department at the sole discretion of the department.
Acts 2008 , ch. 881, § 1.
Tenn. Code Ann. § 41-21-512 — TN Code / Title 41 / Chapter 21 / Section 41-21-512
Distribution of inmate earnings
Status: in_force

After initial payment of board, the wages and salaries of employed inmates shall be disbursed for the following purposes in the order set forth: (1) Necessary travel expense to and from work and associated incidental expenses; (2) Support of dependents, if any, in amounts fixed by the division of rehabilitative services; (3) Payment of any outstanding court costs assessed inmates; (4) Payment in full or ratably of obligations acknowledged in writing by inmates; and (5) The balance, if any, to inmates upon discharge from confinement. Acts 1970, ch. 471, § 13; T.C.A., § 41-1812.
After initial payment of board, the wages and salaries of employed inmates shall be disbursed for the following purposes in the order set forth:
(1) Necessary travel expense to and from work and associated incidental expenses;
(2) Support of dependents, if any, in amounts fixed by the division of rehabilitative services;
(3) Payment of any outstanding court costs assessed inmates;
(4) Payment in full or ratably of obligations acknowledged in writing by inmates; and
(5) The balance, if any, to inmates upon discharge from confinement.
Acts 1970, ch. 471, § 13; T.C.A., § 41-1812.
Tenn. Code Ann. § 41-2-126 — TN Code / Title 41 / Chapter 2 / Section 41-2-126
Contract to bail out prisoner - Surrender of prisoner by bailee - Action against delinquent bailee
Status: in_force

(a) Any person, after sentence of punishment by imprisonment of any prisoner has expired, may, by contract with the workhouse commissioners and with the consent of the prisoner, bail out any prisoner, under the following form and conditions: State of Tennessee, County of ____________________. I, ______________, principal, and ______________, sureties, do hereby agree to pay the State of Tennessee, for the use of ____________________ county, the sum of ____________________ dollars, in monthly installments of ____________________ dollars, to be paid on the ____________________ day of each month, until the whole is paid, this being the amount for which ______________ is confined in the ____________________ county workhouse. ______________ agrees to be bailed out of the workhouse by above parties, and agrees to work out or pay the amount above specified as therein stated, at the office of the county mayor. Should ______________ fail to do so, then ______________ is liable to be arrested and delivered to the superintendent of the workhouse, to work out any balance unpaid and the costs of the arrest. In case of default and arrest, the bailee is only liable for the amount falling due prior to the arrest. This ____________________ day of ____________________, 20____________________. (b) (1) The prisoner, while so bailed, shall be in the hands of the bailee, who may, at any time, surrender and turn over the prisoner to the superintendent of the workhouse and shall be discharged from further liability on the contract; provided, that the bailee shall pay into the county treasury, on receivable warrant of the county mayor, the amount falling due by the terms of the contract prior to the surrender of the prisoner. (2) The bailee shall have the power to arrest the prisoner in person or through any sheriff or constable anywhere in the state; and the prisoner, when arrested, shall be delivered to the superintendent of the workhouse and shall be compelled to work out such part of the original fine and costs as have not been worked out or paid by the prisoner under the agreement and the costs of the arrest in addition. (c) If the bailee fails to pay the fine and costs, or costs only, according to the agreement, then the county mayor shall, in the name of the state, for the use of the county, proceed against the bailee and the sureties before any general sessions or circuit court. Acts 1891, ch. 123, §§ 19, 20; Shan., §§ 7424-7426; Code 1932, §§ 12033-12035; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§41-1234 -- 41-1236; Acts 2003 , ch. 90, § 2.
(a) Any person, after sentence of punishment by imprisonment of any prisoner has expired, may, by contract with the workhouse commissioners and with the consent of the prisoner, bail out any prisoner, under the following form and conditions: State of Tennessee, County of ____________________. I, ______________, principal, and ______________, sureties, do hereby agree to pay the State of Tennessee, for the use of ____________________ county, the sum of ____________________ dollars, in monthly installments of ____________________ dollars, to be paid on the ____________________ day of each month, until the whole is paid, this being the amount for which ______________ is confined in the ____________________ county workhouse. ______________ agrees to be bailed out of the workhouse by above parties, and agrees to work out or pay the amount above specified as therein stated, at the office of the county mayor. Should ______________ fail to do so, then ______________ is liable to be arrested and delivered to the superintendent of the workhouse, to work out any balance unpaid and the costs of the arrest. In case of default and arrest, the bailee is only liable for the amount falling due prior to the arrest. This ____________________ day of ____________________, 20____________________.
State of Tennessee,
County of ____________________.
I, ______________, principal, and ______________, sureties, do hereby agree to pay the State of Tennessee, for the use of ____________________ county, the sum of ____________________ dollars, in monthly installments of ____________________ dollars, to be paid on the ____________________ day of each month, until the whole is paid, this being the amount for which ______________ is confined in the ____________________ county workhouse. ______________ agrees to be bailed out of the workhouse by above parties, and agrees to work out or pay the amount above specified as therein stated, at the office of the county mayor. Should ______________ fail to do so, then ______________ is liable to be arrested and delivered to the superintendent of the workhouse, to work out any balance unpaid and the costs of the arrest. In case of default and arrest, the bailee is only liable for the amount falling due prior to the arrest.
This ____________________ day of ____________________, 20____________________.
(b) (1) The prisoner, while so bailed, shall be in the hands of the bailee, who may, at any time, surrender and turn over the prisoner to the superintendent of the workhouse and shall be discharged from further liability on the contract; provided, that the bailee shall pay into the county treasury, on receivable warrant of the county mayor, the amount falling due by the terms of the contract prior to the surrender of the prisoner. (2) The bailee shall have the power to arrest the prisoner in person or through any sheriff or constable anywhere in the state; and the prisoner, when arrested, shall be delivered to the superintendent of the workhouse and shall be compelled to work out such part of the original fine and costs as have not been worked out or paid by the prisoner under the agreement and the costs of the arrest in addition.
(1) The prisoner, while so bailed, shall be in the hands of the bailee, who may, at any time, surrender and turn over the prisoner to the superintendent of the workhouse and shall be discharged from further liability on the contract; provided, that the bailee shall pay into the county treasury, on receivable warrant of the county mayor, the amount falling due by the terms of the contract prior to the surrender of the prisoner.
(2) The bailee shall have the power to arrest the prisoner in person or through any sheriff or constable anywhere in the state; and the prisoner, when arrested, shall be delivered to the superintendent of the workhouse and shall be compelled to work out such part of the original fine and costs as have not been worked out or paid by the prisoner under the agreement and the costs of the arrest in addition.
(c) If the bailee fails to pay the fine and costs, or costs only, according to the agreement, then the county mayor shall, in the name of the state, for the use of the county, proceed against the bailee and the sureties before any general sessions or circuit court.
Acts 1891, ch. 123, §§ 19, 20; Shan., §§ 7424-7426; Code 1932, §§ 12033-12035; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§41-1234 -- 41-1236; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-2-137 — TN Code / Title 41 / Chapter 2 / Section 41-2-137
Failure to return from work on time as evidence of intent to escape - Penalty
Status: in_force

In the event a prisoner placed under the work release program does not return to the workhouse at the time specified by the warden or the work release coordinator as a condition of being placed under the work release program, the failure to return shall constitute prima facie evidence of intent to escape and the prisoner shall thereby be subject to those penalties as are imposed or shall hereafter be imposed under the general law of this state for persons charged with the crime of escape. Acts 1967, ch. 285, § 5; 1973, ch. 87, § 1; T.C.A., § 41-1248.
In the event a prisoner placed under the work release program does not return to the workhouse at the time specified by the warden or the work release coordinator as a condition of being placed under the work release program, the failure to return shall constitute prima facie evidence of intent to escape and the prisoner shall thereby be subject to those penalties as are imposed or shall hereafter be imposed under the general law of this state for persons charged with the crime of escape.
Acts 1967, ch. 285, § 5; 1973, ch. 87, § 1; T.C.A., § 41-1248.