Tenn. Code Ann. § 41-21-239 — TN Code / Title 41 / Chapter 21 / Section 41-21-239
Work release or furlough of dangerous inmates - Notice to law enforcement officials
Status: in_force

If a person under the custody of the department of correction has been convicted of a homicide offense or aggravated rape or rape, the commissioner shall notify the appropriate chief of police or sheriff when the person is released from custody on work release or furlough or is otherwise allowed to leave the grounds of the penitentiary and work in the community, whether or not the work is supervised or unsupervised. The chief of police or sheriff, or both if the political subdivision to which the person is released has both officials, shall be notified at least five (5) days prior to the date the person will be released or allowed to leave the grounds of the penitentiary to work in the community. The notice shall contain: (1) The name of the inmate; (2) The nature of the crime the inmate committed; (3) The name of the company and address of the site where the inmate will be working, excluding those working on highway crews; (4) The address where the inmate will be staying on furlough; and (5) The length of the furlough. Acts 1994, ch. 865, § 1.
If a person under the custody of the department of correction has been convicted of a homicide offense or aggravated rape or rape, the commissioner shall notify the appropriate chief of police or sheriff when the person is released from custody on work release or furlough or is otherwise allowed to leave the grounds of the penitentiary and work in the community, whether or not the work is supervised or unsupervised. The chief of police or sheriff, or both if the political subdivision to which the person is released has both officials, shall be notified at least five (5) days prior to the date the person will be released or allowed to leave the grounds of the penitentiary to work in the community. The notice shall contain:
(1) The name of the inmate;
(2) The nature of the crime the inmate committed;
(3) The name of the company and address of the site where the inmate will be working, excluding those working on highway crews;
(4) The address where the inmate will be staying on furlough; and
(5) The length of the furlough.
Acts 1994, ch. 865, § 1.
Tenn. Code Ann. § 41-22-409 — TN Code / Title 41 / Chapter 22 / Section 41-22-409
Meetings
Status: in_force

(a) The board shall meet at least four (4) times each year to conduct business and may also hold public hearings to receive the views of the public or to gather information. The board may meet at any time on call of the chair or a majority of the members. Each member of the board or of a committee of the board shall be given reasonable written notice of each meeting of the board or the committee. (b) The chair may appoint such committees from the membership of the board as may be necessary to expeditiously and thoroughly perform the business of the board. (c) A quorum consists of a majority of the board for meetings of the board and consists of a majority of a subcommittee for meetings of a subcommittee. (d) Roberts' Rules of Order shall govern meetings of the board when not in conflict with specific bylaws or other rules as may be adopted by the board. Acts 1994, ch. 737, § 1.
(a) The board shall meet at least four (4) times each year to conduct business and may also hold public hearings to receive the views of the public or to gather information. The board may meet at any time on call of the chair or a majority of the members. Each member of the board or of a committee of the board shall be given reasonable written notice of each meeting of the board or the committee.
(b) The chair may appoint such committees from the membership of the board as may be necessary to expeditiously and thoroughly perform the business of the board.
(c) A quorum consists of a majority of the board for meetings of the board and consists of a majority of a subcommittee for meetings of a subcommittee.
(d) Roberts' Rules of Order shall govern meetings of the board when not in conflict with specific bylaws or other rules as may be adopted by the board.
Acts 1994, ch. 737, § 1.
Tenn. Code Ann. § 41-6-204 — TN Code / Title 41 / Chapter 6 / Section 41-6-204
Wages
Status: in_force

Any agreement pursuant to § 41-6-203 shall contain provisions assuring that the wages paid to inmates shall be no less than the mean wage for the applicable occupation under the "construction and extraction occupations" published in the Tennessee Occupational Wages Report, as defined in § 12-4-907 . Amended by 2013 Tenn. Acts, ch. 280,s 15, eff. 1/1/2014. Acts 1977, ch. 151, § 4; T.C.A., § 41-2404.
Any agreement pursuant to § 41-6-203 shall contain provisions assuring that the wages paid to inmates shall be no less than the mean wage for the applicable occupation under the "construction and extraction occupations" published in the Tennessee Occupational Wages Report, as defined in § 12-4-907 .
Amended by 2013 Tenn. Acts, ch. 280,s 15, eff. 1/1/2014.
Acts 1977, ch. 151, § 4; T.C.A., § 41-2404.
Tenn. Code Ann. § 41-4-108 — TN Code / Title 41 / Chapter 4 / Section 41-4-108
Support of prisoners
Status: in_force

Every person committed to jail may furnish that person's own support, under such precautions as the jailer may deem proper to adopt for the purpose of guarding against escapes and to prevent the importation of intoxicants or narcotics. If such support is not furnished by the prisoner, it shall be furnished by the jailer. Code 1858, §5418; Shan., § 7429; mod. Code 1932, § 12038; T.C.A. (orig. ed.), § 41-1108.
Every person committed to jail may furnish that person's own support, under such precautions as the jailer may deem proper to adopt for the purpose of guarding against escapes and to prevent the importation of intoxicants or narcotics. If such support is not furnished by the prisoner, it shall be furnished by the jailer.
Code 1858, §5418; Shan., § 7429; mod. Code 1932, § 12038; T.C.A. (orig. ed.), § 41-1108.
Tenn. Code Ann. § 41-1-118 — TN Code / Title 41 / Chapter 1 / Section 41-1-118
Dogs for detecting drugs
Status: in_force

(a) The commissioner of correction may maintain at least one (1) dog trained to detect marijuana and other illicit substances at each correctional facility in the commissioner's charge; but where more than one (1) correctional facility is located within a county, the commissioner may maintain one (1) dog to serve in the several facilities if this appears to the commissioner to be adequate to locate and detect the substances. (b) These dogs may be used on a regular basis, or at irregular times and intervals, to survey inmates and areas inhabited or frequented by inmates in order to locate and detect marijuana and other illicit substances. The dogs may also be used to check persons entering into correctional facilities or their grounds to detect the introduction of marijuana and other illicit substances. Acts 1983, ch. 120, § 1.
(a) The commissioner of correction may maintain at least one (1) dog trained to detect marijuana and other illicit substances at each correctional facility in the commissioner's charge; but where more than one (1) correctional facility is located within a county, the commissioner may maintain one (1) dog to serve in the several facilities if this appears to the commissioner to be adequate to locate and detect the substances.
(b) These dogs may be used on a regular basis, or at irregular times and intervals, to survey inmates and areas inhabited or frequented by inmates in order to locate and detect marijuana and other illicit substances. The dogs may also be used to check persons entering into correctional facilities or their grounds to detect the introduction of marijuana and other illicit substances.
Acts 1983, ch. 120, § 1.
Tenn. Code Ann. § 41-4-136 — TN Code / Title 41 / Chapter 4 / Section 41-4-136
Monthly audit of jailer's fees
Status: in_force

The jailer's fees for county prisoners shall be referred monthly to the county mayor for inspection, who shall audit the fees and cause the clerk to issue a warrant for the amount allowed. Acts 1870-1871, ch. 7, §§ 1, 3; Shan., § 7451a; mod. Code 1932, § 12060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §41-1140; Acts 2003 , ch. 90, § 2.
The jailer's fees for county prisoners shall be referred monthly to the county mayor for inspection, who shall audit the fees and cause the clerk to issue a warrant for the amount allowed.
Acts 1870-1871, ch. 7, §§ 1, 3; Shan., § 7451a; mod. Code 1932, § 12060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §41-1140; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 41-22-205 — TN Code / Title 41 / Chapter 22 / Section 41-22-205
Census of inmates for road work
Status: in_force

On or before March 1 of each year, the commissioner of correction shall prepare a census of all male inmates in the custody of the department who, in the commissioner's judgment, are available for work on the county roads and highways of the state and shall also make an estimate of the men who will be available by additions during the road working season. Acts 1981, ch. 378, § 1; T.C.A., § 41-505.
On or before March 1 of each year, the commissioner of correction shall prepare a census of all male inmates in the custody of the department who, in the commissioner's judgment, are available for work on the county roads and highways of the state and shall also make an estimate of the men who will be available by additions during the road working season.
Acts 1981, ch. 378, § 1; T.C.A., § 41-505.
Tenn. Code Ann. § 41-21-219 — TN Code / Title 41 / Chapter 21 / Section 41-21-219
Clothing, money and transportation furnished on discharge
Status: in_force

(a) Each inmate housed at a department of correction institution, at the discretion of the commissioner of correction, shall be furnished at the inmate's release, either on parole or probation pursuant to § 40-20-206 or § 40-35-501(a) or when discharged without further supervision, with appropriate clothing and with an amount of money not to exceed thirty dollars ($30.00) for an inmate leaving on parole or probation and an amount not to exceed seventy-five dollars ($75.00) for an inmate who is discharged without further supervision. Each inmate who is paroled or placed on probation pursuant to § 40-20-206 or § 40-35-501(a) will also be provided with a nontransferable ticket for the cheapest available means of transportation to the inmate's approved parole or probation residence when private transportation is not available. A parole or probation violator who is re-released within three (3) months following the violator's return to the custody of the department shall be ineligible to receive any release provisions. (b) Nothing in this section shall be construed to limit the commissioner's ability or discretion in enacting policies or undertaking rehabilitative, anti-recidivism, or reentry assistance programs for probationers or parolees. Amended by 2014 Tenn. Acts, ch. 558,s 1, eff. 3/21/2014. Code 1858, § 5528; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12145; mod. C. Supp. 1950, § 12145; Acts 1972, ch. 654, § 1; T.C.A. (orig. ed.), § 41-342; Acts 1988, ch. 570, § 2; 1991, ch. 77, § 1.
(a) Each inmate housed at a department of correction institution, at the discretion of the commissioner of correction, shall be furnished at the inmate's release, either on parole or probation pursuant to § 40-20-206 or § 40-35-501(a) or when discharged without further supervision, with appropriate clothing and with an amount of money not to exceed thirty dollars ($30.00) for an inmate leaving on parole or probation and an amount not to exceed seventy-five dollars ($75.00) for an inmate who is discharged without further supervision. Each inmate who is paroled or placed on probation pursuant to § 40-20-206 or § 40-35-501(a) will also be provided with a nontransferable ticket for the cheapest available means of transportation to the inmate's approved parole or probation residence when private transportation is not available. A parole or probation violator who is re-released within three (3) months following the violator's return to the custody of the department shall be ineligible to receive any release provisions.
(b) Nothing in this section shall be construed to limit the commissioner's ability or discretion in enacting policies or undertaking rehabilitative, anti-recidivism, or reentry assistance programs for probationers or parolees.
Amended by 2014 Tenn. Acts, ch. 558,s 1, eff. 3/21/2014.
Code 1858, § 5528; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7527; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12145; mod. C. Supp. 1950, § 12145; Acts 1972, ch. 654, § 1; T.C.A. (orig. ed.), § 41-342; Acts 1988, ch. 570, § 2; 1991, ch. 77, § 1.
Tenn. Code Ann. § 41-21-607 — TN Code / Title 41 / Chapter 21 / Section 41-21-607
Penalties
Status: in_force

A violation of this part is a Class A misdemeanor. Acts 1974, ch. 770, § 8; T.C.A., § 41-2207; Acts 1989, ch. 591, § 111.
A violation of this part is a Class A misdemeanor.
Acts 1974, ch. 770, § 8; T.C.A., § 41-2207; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 41-22-119 — TN Code / Title 41 / Chapter 22 / Section 41-22-119
Purchase of articles by public agencies
Status: in_force

(a) All departments, institutions, agencies and political subdivisions of this state, that are supported in whole or in part by the state shall purchase from the TRICOR board all articles required by these departments, institutions, agencies or political subdivisions of the state that are produced, repackaged, assembled, warehoused or manufactured by TRICOR with the labor of inmates confined within the institutions or elsewhere employed within this state; provided, that the articles are certified pursuant to procedures approved by the procurement commission as being of satisfactory quality, being reasonable in price and available. (b) In the procedures for certifying articles for purchase by state government, the procurement commission may consider, if it deems appropriate, the effect of certification on markets in the private sector; however, it is not the legislative intent that this effect, if considered, be a controlling factor in the board's decision. (c) The board shall appoint a certification committee consisting of, but not limited to, a representative from the TRICOR board, the departments of general services and finance and administration and the office of the comptroller of the treasury that will advise the board. (d) The TRICOR board shall submit requests for certification of articles together with supporting data regarding quality, price and availability pursuant to procedures approved by the procurement commission. (e) No article shall be purchased by any department, institution, agency or political subdivision of the state from any other source unless excepted from §§ 41-22-118 - 41-22-124. (f) Each member of the general assembly may purchase any office furniture and equipment manufactured by TRICOR for the purpose of furnishing the legislative offices of that member in the member's legislative district. (g) The competitive bidding procedures set forth in title 12, chapter 3, part 5 do not apply to the purchase of articles manufactured or grown by TRICOR and certified pursuant to procedures approved by the procurement commission. Acts 1937, ch. 278, § 2; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.2 (Williams, § 12209.7); impl. am. Acts 1955, ch. 102, § 1; Acts 1974, ch. 669, § 1; 1981, ch. 332, § 21; T.C.A. (orig. ed.), § 41-421; Acts 1988, ch. 903, § 3; 1994, ch. 737, § 14; 1996, ch. 564, § 2; 1999, ch. 299, §§ 1 - 4; 1999, ch. 487, § 1; 2002, ch. 526, §§ 1 - 4; 2011, ch. 295, § 19.
(a) All departments, institutions, agencies and political subdivisions of this state, that are supported in whole or in part by the state shall purchase from the TRICOR board all articles required by these departments, institutions, agencies or political subdivisions of the state that are produced, repackaged, assembled, warehoused or manufactured by TRICOR with the labor of inmates confined within the institutions or elsewhere employed within this state; provided, that the articles are certified pursuant to procedures approved by the procurement commission as being of satisfactory quality, being reasonable in price and available.
(b) In the procedures for certifying articles for purchase by state government, the procurement commission may consider, if it deems appropriate, the effect of certification on markets in the private sector; however, it is not the legislative intent that this effect, if considered, be a controlling factor in the board's decision.
(c) The board shall appoint a certification committee consisting of, but not limited to, a representative from the TRICOR board, the departments of general services and finance and administration and the office of the comptroller of the treasury that will advise the board.
(d) The TRICOR board shall submit requests for certification of articles together with supporting data regarding quality, price and availability pursuant to procedures approved by the procurement commission.
(e) No article shall be purchased by any department, institution, agency or political subdivision of the state from any other source unless excepted from §§ 41-22-118 - 41-22-124.
(f) Each member of the general assembly may purchase any office furniture and equipment manufactured by TRICOR for the purpose of furnishing the legislative offices of that member in the member's legislative district.
(g) The competitive bidding procedures set forth in title 12, chapter 3, part 5 do not apply to the purchase of articles manufactured or grown by TRICOR and certified pursuant to procedures approved by the procurement commission.
Acts 1937, ch. 278, § 2; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.2 (Williams, § 12209.7); impl. am. Acts 1955, ch. 102, § 1; Acts 1974, ch. 669, § 1; 1981, ch. 332, § 21; T.C.A. (orig. ed.), § 41-421; Acts 1988, ch. 903, § 3; 1994, ch. 737, § 14; 1996, ch. 564, § 2; 1999, ch. 299, §§ 1 - 4; 1999, ch. 487, § 1; 2002, ch. 526, §§ 1 - 4; 2011, ch. 295, § 19.
Tenn. Code Ann. § 41-21-901 — TN Code / Title 41 / Chapter 21 / Section 41-21-901
Short title
Status: in_force

This part shall be known and may be cited as the "Inmate Financial Responsibility Act of 1998." Acts 1998, ch. 992, § 2.
This part shall be known and may be cited as the "Inmate Financial Responsibility Act of 1998."
Acts 1998, ch. 992, § 2.
Tenn. Code Ann. § 41-21-511 — TN Code / Title 41 / Chapter 21 / Section 41-21-511
Earnings of inmates deposited in trust accounts - Establishment and payment of daily room and board rate
Status: in_force

(a) When inmates are employed for wages or salaries, the division shall collect or require inmates to turn over wages and salaries when received, and the director shall assure the moneys are deposited in trust accounts and that ledgers are maintained reflecting the status of individual accounts. Each inmate gainfully or self-employed shall be liable for reasonable charges for board as fixed by the commissioner of correction. If necessarily absent from correctional institutions at meal times, the inmate shall, at the inmate's own request, be furnished with adequate meals to carry to work and the inmate's account shall be charged for those meals. If an inmate defaults in the payment of board by neglecting to turn over wages or salary, the inmate's release privileges as provided by this chapter shall automatically be terminated. (b) (1) Notwithstanding § 41-21-510 or any other law to the contrary, as a condition precedent to being placed on a work release program, an inmate placed on any work release program shall agree to pay to the appropriate governmental body a daily room and board rate per inmate in an amount not less than five dollars ($5.00) nor more than twelve dollars and fifty cents ($12.50) of the inmate's take-home pay as provided in this chapter. (2) In the case of a state inmate on a work release program in a state correctional institution or in a local or county detention facility or other supervised confinement facility, the commissioner shall annually establish a fee schedule for daily room and board for the inmate; provided, that the schedule of fees is within the limitations specified in subdivision (b)(1) and the inmate is permitted to retain not less than twenty-five percent (25%) of take-home pay as savings. The inmate shall pay to the state the amount specified in the fee schedule. (3) In the case of a county inmate in a local or county detention facility or other supervised confinement facility, an inmate placed on a work release program shall pay to the local or county government responsible for maintaining the inmate an amount not less than five dollars ($5.00) per day nor more than twelve dollars and fifty cents ($12.50) per day as provided in a fee schedule to be prepared annually by the commissioner in the same manner as the state schedule of the fees. (c) Inmates participating in educational programs authorized by § 41-21-509 on a full-time basis, at least twelve (12) quarter or semester hours each term, may participate in a part-time work release program. Inmates attending school full time and working part time, under thirty-two (32) hours a week, who earn less than one hundred dollars ($100) a week shall pay room and board charges totaling twenty-five percent (25%) of weekly net income. If the inmate earns more than one hundred dollars ($100) per week, room and board charges shall be deducted as in subsection (b). Acts 1978, ch. 471, § 11; 1979, ch. 353, § 1; T.C.A., § 41-1811; Acts 1988, ch. 570, § 1.
(a) When inmates are employed for wages or salaries, the division shall collect or require inmates to turn over wages and salaries when received, and the director shall assure the moneys are deposited in trust accounts and that ledgers are maintained reflecting the status of individual accounts. Each inmate gainfully or self-employed shall be liable for reasonable charges for board as fixed by the commissioner of correction. If necessarily absent from correctional institutions at meal times, the inmate shall, at the inmate's own request, be furnished with adequate meals to carry to work and the inmate's account shall be charged for those meals. If an inmate defaults in the payment of board by neglecting to turn over wages or salary, the inmate's release privileges as provided by this chapter shall automatically be terminated.
(b) (1) Notwithstanding § 41-21-510 or any other law to the contrary, as a condition precedent to being placed on a work release program, an inmate placed on any work release program shall agree to pay to the appropriate governmental body a daily room and board rate per inmate in an amount not less than five dollars ($5.00) nor more than twelve dollars and fifty cents ($12.50) of the inmate's take-home pay as provided in this chapter. (2) In the case of a state inmate on a work release program in a state correctional institution or in a local or county detention facility or other supervised confinement facility, the commissioner shall annually establish a fee schedule for daily room and board for the inmate; provided, that the schedule of fees is within the limitations specified in subdivision (b)(1) and the inmate is permitted to retain not less than twenty-five percent (25%) of take-home pay as savings. The inmate shall pay to the state the amount specified in the fee schedule. (3) In the case of a county inmate in a local or county detention facility or other supervised confinement facility, an inmate placed on a work release program shall pay to the local or county government responsible for maintaining the inmate an amount not less than five dollars ($5.00) per day nor more than twelve dollars and fifty cents ($12.50) per day as provided in a fee schedule to be prepared annually by the commissioner in the same manner as the state schedule of the fees.
(1) Notwithstanding § 41-21-510 or any other law to the contrary, as a condition precedent to being placed on a work release program, an inmate placed on any work release program shall agree to pay to the appropriate governmental body a daily room and board rate per inmate in an amount not less than five dollars ($5.00) nor more than twelve dollars and fifty cents ($12.50) of the inmate's take-home pay as provided in this chapter.
(2) In the case of a state inmate on a work release program in a state correctional institution or in a local or county detention facility or other supervised confinement facility, the commissioner shall annually establish a fee schedule for daily room and board for the inmate; provided, that the schedule of fees is within the limitations specified in subdivision (b)(1) and the inmate is permitted to retain not less than twenty-five percent (25%) of take-home pay as savings. The inmate shall pay to the state the amount specified in the fee schedule.
(3) In the case of a county inmate in a local or county detention facility or other supervised confinement facility, an inmate placed on a work release program shall pay to the local or county government responsible for maintaining the inmate an amount not less than five dollars ($5.00) per day nor more than twelve dollars and fifty cents ($12.50) per day as provided in a fee schedule to be prepared annually by the commissioner in the same manner as the state schedule of the fees.
(c) Inmates participating in educational programs authorized by § 41-21-509 on a full-time basis, at least twelve (12) quarter or semester hours each term, may participate in a part-time work release program. Inmates attending school full time and working part time, under thirty-two (32) hours a week, who earn less than one hundred dollars ($100) a week shall pay room and board charges totaling twenty-five percent (25%) of weekly net income. If the inmate earns more than one hundred dollars ($100) per week, room and board charges shall be deducted as in subsection (b).
Acts 1978, ch. 471, § 11; 1979, ch. 353, § 1; T.C.A., § 41-1811; Acts 1988, ch. 570, § 1.
Tenn. Code Ann. § 41-12-115 — TN Code / Title 41 / Chapter 12 / Section 41-12-115
Negotiable bonds - Resolution - Enforcement of rights
Status: in_force

(a) (1) The authority has the power to issue negotiable bonds, in accordance with title 9, chapter 21, from time to time in order to accomplish any of the purposes authorized by this chapter. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this chapter. (2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities. (b) (1) The bonds shall be authorized by resolution of the board, be issued in accordance with title 9, chapter 21, and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine. (c) The resolution may include any covenants that are deemed necessary by the board to make the bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of the authority's facilities; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of authority properties; (11) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (12) The terms and conditions upon which bondholders may exercise their rights and remedies; (13) The replacement of lost, destroyed or mutilated bonds; (14) The definition, consequences and remedies of an event of default; (15) The amendment of such resolution; and (16) The appointment of a receiver in the event of a default. (d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee of the authority, by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution. (e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds. (2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds. (f) Bonds issued pursuant to this chapter executed by officers in office on the date of the execution shall be valid obligations of the authority, notwithstanding that before the delivery of the bonds, any or all of the persons executing the bonds shall have ceased to be officers. (g) Bonds issued pursuant to this chapter, and the income from the bonds, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes. (h) All public officers and bodies of the state, municipal corporations, governmental entities, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority. (i) Any bonds upon which any creating governmental entity or participating governmental entity is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of the governmental entity. Acts 2008, ch. 1092, § 16.
(a) (1) The authority has the power to issue negotiable bonds, in accordance with title 9, chapter 21, from time to time in order to accomplish any of the purposes authorized by this chapter. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this chapter. (2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(1) The authority has the power to issue negotiable bonds, in accordance with title 9, chapter 21, from time to time in order to accomplish any of the purposes authorized by this chapter. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this chapter.
(2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(b) (1) The bonds shall be authorized by resolution of the board, be issued in accordance with title 9, chapter 21, and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(1) The bonds shall be authorized by resolution of the board, be issued in accordance with title 9, chapter 21, and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds.
(2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(c) The resolution may include any covenants that are deemed necessary by the board to make the bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of the authority's facilities; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of authority properties; (11) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (12) The terms and conditions upon which bondholders may exercise their rights and remedies; (13) The replacement of lost, destroyed or mutilated bonds; (14) The definition, consequences and remedies of an event of default; (15) The amendment of such resolution; and (16) The appointment of a receiver in the event of a default.
(1) The application of the bond proceeds;
(2) The pledging, application and securing of the revenues of the authority;
(3) The creation and maintenance of reserves;
(4) The investment of funds;
(5) The issuance of additional bonds;
(6) The maintenance of minimum fees, charges and rentals;
(7) The operation and maintenance of the authority's facilities;
(8) Insurance and insurance proceeds;
(9) Accounts and audits;
(10) The sale of authority properties;
(11) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable;
(12) The terms and conditions upon which bondholders may exercise their rights and remedies;
(13) The replacement of lost, destroyed or mutilated bonds;
(14) The definition, consequences and remedies of an event of default;
(15) The amendment of such resolution; and
(16) The appointment of a receiver in the event of a default.
(d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee of the authority, by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution.
(e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds. (2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds.
(1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds.
(2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds.
(f) Bonds issued pursuant to this chapter executed by officers in office on the date of the execution shall be valid obligations of the authority, notwithstanding that before the delivery of the bonds, any or all of the persons executing the bonds shall have ceased to be officers.
(g) Bonds issued pursuant to this chapter, and the income from the bonds, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes.
(h) All public officers and bodies of the state, municipal corporations, governmental entities, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority.
(i) Any bonds upon which any creating governmental entity or participating governmental entity is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of the governmental entity.
Acts 2008, ch. 1092, § 16.
Tenn. Code Ann. § 41-2-135 — TN Code / Title 41 / Chapter 2 / Section 41-2-135
Petition to come under the work release program
Status: in_force

A prisoner desiring to come under the work release program shall file a petition with the work release coordinator of the correctional/rehabilitation division. The petition must be joined in by the sheriff and concurred in by the warden of the workhouse and approved by the commission. Acts 1967, ch. 285, § 3; 1973, ch. 87, § 1; T.C.A., § 41-1246.
A prisoner desiring to come under the work release program shall file a petition with the work release coordinator of the correctional/rehabilitation division. The petition must be joined in by the sheriff and concurred in by the warden of the workhouse and approved by the commission.
Acts 1967, ch. 285, § 3; 1973, ch. 87, § 1; T.C.A., § 41-1246.
Tenn. Code Ann. § 41-4-125 — TN Code / Title 41 / Chapter 4 / Section 41-4-125
Proof of costs
Status: in_force

The jailer in cases specified in § 41-4-124 may prove costs in the circuit or criminal court of the county and obtain the certificate of the district attorney general of that court thereto. The clerk of the court shall forward the certificate to the court where the cause is pending to be taxed in the bill of costs. Code 1858, §5434; Shan., § 7445; Code 1932, §12053; modified; T.C.A. (orig. ed.), § 41-1129.
The jailer in cases specified in § 41-4-124 may prove costs in the circuit or criminal court of the county and obtain the certificate of the district attorney general of that court thereto. The clerk of the court shall forward the certificate to the court where the cause is pending to be taxed in the bill of costs.
Code 1858, §5434; Shan., § 7445; Code 1932, §12053; modified; T.C.A. (orig. ed.), § 41-1129.
Tenn. Code Ann. § 41-21-515 — TN Code / Title 41 / Chapter 21 / Section 41-21-515
Application of part
Status: in_force

(a) (1) This part applies to first term inmates and second term inmates hereafter sentenced to prisons or other correctional institutions in Tennessee after February 20, 1970, and those first term inmates and second term inmates serving sentences in the state as of February 20, 1970; provided, that subject inmates have been approved for participation in the program by the division of rehabilitative services. (2) Notwithstanding anything in this part to the contrary, the rehabilitative programs made available in this part to first term inmates and second term inmates shall also be available to any other inmates deemed suitable for the programs by the department of correction. References in this part to "first term inmates and second term inmates" and to "inmates" are deemed to include those other inmates. (b) Participants shall be carefully selected and sentencing courts shall be consulted before particular inmates are placed in outside scholastic or work programs. (c) Persons convicted of capital offenses shall only be eligible to take part in the outside programs twelve (12) months prior to their eligible parole date. Acts 1970, ch. 471, § 15; 1972, ch. 538, § 8; 1974, ch. 511, § 1; T.C.A., § 41-1815; Acts 1985 (1st Ex. Sess.), ch. 5, § 5.
(a) (1) This part applies to first term inmates and second term inmates hereafter sentenced to prisons or other correctional institutions in Tennessee after February 20, 1970, and those first term inmates and second term inmates serving sentences in the state as of February 20, 1970; provided, that subject inmates have been approved for participation in the program by the division of rehabilitative services. (2) Notwithstanding anything in this part to the contrary, the rehabilitative programs made available in this part to first term inmates and second term inmates shall also be available to any other inmates deemed suitable for the programs by the department of correction. References in this part to "first term inmates and second term inmates" and to "inmates" are deemed to include those other inmates.
(1) This part applies to first term inmates and second term inmates hereafter sentenced to prisons or other correctional institutions in Tennessee after February 20, 1970, and those first term inmates and second term inmates serving sentences in the state as of February 20, 1970; provided, that subject inmates have been approved for participation in the program by the division of rehabilitative services.
(2) Notwithstanding anything in this part to the contrary, the rehabilitative programs made available in this part to first term inmates and second term inmates shall also be available to any other inmates deemed suitable for the programs by the department of correction. References in this part to "first term inmates and second term inmates" and to "inmates" are deemed to include those other inmates.
(b) Participants shall be carefully selected and sentencing courts shall be consulted before particular inmates are placed in outside scholastic or work programs.
(c) Persons convicted of capital offenses shall only be eligible to take part in the outside programs twelve (12) months prior to their eligible parole date.
Acts 1970, ch. 471, § 15; 1972, ch. 538, § 8; 1974, ch. 511, § 1; T.C.A., § 41-1815; Acts 1985 (1st Ex. Sess.), ch. 5, § 5.
Tenn. Code Ann. § 41-21-244 — TN Code / Title 41 / Chapter 21 / Section 41-21-244
Study and audit of number of incarcerated nonviolent offenders who have not been convicted
Status: in_force

The comptroller of the treasury is urged to study and audit the department of correction concerning the number of nonviolent offenders incarcerated in correctional institutions of the department of correction who have been incarcerated for offenses for which they have not been convicted. The general assembly requests that, if any such study and audit are undertaken, the comptroller of the treasury report to the state and local government committee of the senate and the state government committee of the house of representatives concerning such study and audit on or before the date of the submission of the next regularly scheduled audit of the department of correction. Amended by 2013 Tenn. Acts, ch. 236,s 64, eff. 4/19/2013. Acts 2010, ch. 823, § 1; 2011, ch. 410, § 2(g).
The comptroller of the treasury is urged to study and audit the department of correction concerning the number of nonviolent offenders incarcerated in correctional institutions of the department of correction who have been incarcerated for offenses for which they have not been convicted. The general assembly requests that, if any such study and audit are undertaken, the comptroller of the treasury report to the state and local government committee of the senate and the state government committee of the house of representatives concerning such study and audit on or before the date of the submission of the next regularly scheduled audit of the department of correction.
Amended by 2013 Tenn. Acts, ch. 236,s 64, eff. 4/19/2013.
Acts 2010, ch. 823, § 1; 2011, ch. 410, § 2(g).
Tenn. Code Ann. § 41-22-125 — TN Code / Title 41 / Chapter 22 / Section 41-22-125
Manufacture of license plates and similar articles
Status: in_force

(a) The TRICOR board is authorized and empowered to manufacture numbered motor vehicle registration plates, highway and street signs and other kindred articles for the purpose of supplying the requirements of the state as provided in this part, and to sell to other cities, counties and states when deemed advisable by the board. (b) The necessary machinery and equipment shall be purchased, as all other supplies are purchased, so as to properly equip the plant, and the number of inmates necessary to operate the plant shall be employed. Acts 1923, ch. 94, §§ 1, 2; Shan. Supp., § 7581a27; Code 1932, § 12208; Acts 1972, ch. 701, § 1; T.C.A. (orig. ed.), §§ 41-427, 41-428; Acts 1994, ch. 737, § 20; 1996, ch. 564, § 2.
(a) The TRICOR board is authorized and empowered to manufacture numbered motor vehicle registration plates, highway and street signs and other kindred articles for the purpose of supplying the requirements of the state as provided in this part, and to sell to other cities, counties and states when deemed advisable by the board.
(b) The necessary machinery and equipment shall be purchased, as all other supplies are purchased, so as to properly equip the plant, and the number of inmates necessary to operate the plant shall be employed.
Acts 1923, ch. 94, §§ 1, 2; Shan. Supp., § 7581a27; Code 1932, § 12208; Acts 1972, ch. 701, § 1; T.C.A. (orig. ed.), §§ 41-427, 41-428; Acts 1994, ch. 737, § 20; 1996, ch. 564, § 2.
Tenn. Code Ann. § 41-2-103 — TN Code / Title 41 / Chapter 2 / Section 41-2-103
Sentence to county workhouse
Status: in_force

It is the duty of the judges of the circuit or criminal courts, whenever prisoners are convicted of any offense for which they are confined in the workhouse, to sentence the prisoners to the workhouse of the county, portable, movable or stationary, as may be provided and established in the county. Acts 1907, ch. 445, § 3; Shan., § 7399a3; Code 1932, § 12011; T.C.A. (orig. ed.), § 41-1205.
It is the duty of the judges of the circuit or criminal courts, whenever prisoners are convicted of any offense for which they are confined in the workhouse, to sentence the prisoners to the workhouse of the county, portable, movable or stationary, as may be provided and established in the county.
Acts 1907, ch. 445, § 3; Shan., § 7399a3; Code 1932, § 12011; T.C.A. (orig. ed.), § 41-1205.
Tenn. Code Ann. § 41-9-104 — TN Code / Title 41 / Chapter 9 / Section 41-9-104
Liability for injury
Status: in_force

No charitable organization or governmental entity authorized by § 41-9-102 to utilize probationer labor pursuant to this part shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for the organization or entity, if the organization or entity exercised due care in the protection and supervision of the probationer. Acts 1985, ch. 15, § 1.
No charitable organization or governmental entity authorized by § 41-9-102 to utilize probationer labor pursuant to this part shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for the organization or entity, if the organization or entity exercised due care in the protection and supervision of the probationer.
Acts 1985, ch. 15, § 1.
Tenn. Code Ann. § 41-21-303 — TN Code / Title 41 / Chapter 21 / Section 41-21-303
Return on failure to answer
Status: in_force

If the inmate declines to answer the bill, petition or interrogatories after they have been read over and explained by the officer executing them, in the presence of the warden or the assistant warden, the officer may make the return accordingly, whereupon the bill, petition or interrogatories, so far as the inmate is concerned, shall be taken for confessed as true and proceedings had as usual in such cases. Code 1858, § 5551; Shan., § 7573; Code 1932, § 12171; T.C.A. (orig. ed.), § 41-603.
If the inmate declines to answer the bill, petition or interrogatories after they have been read over and explained by the officer executing them, in the presence of the warden or the assistant warden, the officer may make the return accordingly, whereupon the bill, petition or interrogatories, so far as the inmate is concerned, shall be taken for confessed as true and proceedings had as usual in such cases.
Code 1858, § 5551; Shan., § 7573; Code 1932, § 12171; T.C.A. (orig. ed.), § 41-603.
Tenn. Code Ann. § 41-21-502 — TN Code / Title 41 / Chapter 21 / Section 41-21-502
Part definitions
Status: in_force

(a) As used in this part: (1) "First term inmate" means a state inmate without a prior record of thirty (30) days or more detention upon conviction for a felonious crime at a federal, state or local penal facility in the United States; and (2) "Second term inmate" means a state inmate with a prior record of thirty (30) days or more with one (1) previous conviction for a felonious crime at a federal, state or local penal facility in the United States. (b) Previous confinements for misdemeanors shall have no bearing on inmates' qualifications as first term inmates and second term inmates for the purposes of this chapter. Acts 1970, ch. 471, § 2; 1972, ch. 538, § 1; T.C.A., § 41-1802.
(a) As used in this part: (1) "First term inmate" means a state inmate without a prior record of thirty (30) days or more detention upon conviction for a felonious crime at a federal, state or local penal facility in the United States; and (2) "Second term inmate" means a state inmate with a prior record of thirty (30) days or more with one (1) previous conviction for a felonious crime at a federal, state or local penal facility in the United States.
(1) "First term inmate" means a state inmate without a prior record of thirty (30) days or more detention upon conviction for a felonious crime at a federal, state or local penal facility in the United States; and
(2) "Second term inmate" means a state inmate with a prior record of thirty (30) days or more with one (1) previous conviction for a felonious crime at a federal, state or local penal facility in the United States.
(b) Previous confinements for misdemeanors shall have no bearing on inmates' qualifications as first term inmates and second term inmates for the purposes of this chapter.
Acts 1970, ch. 471, § 2; 1972, ch. 538, § 1; T.C.A., § 41-1802.
Tenn. Code Ann. § 41-7-102 — TN Code / Title 41 / Chapter 7 / Section 41-7-102
Institute created
Status: in_force

(a) There is hereby created the Tennessee corrections institute. (b) [Deleted by 2019 amendment.] Amended by 2019 Tenn. Acts, ch. 143, s 1, eff. 7/1/2019. Acts 1974, ch. 733, § 2; T.C.A., §41-2102; Acts 2012 , ch. 986, § 7.
(a) There is hereby created the Tennessee corrections institute.
(b) [Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 143, s 1, eff. 7/1/2019.
Acts 1974, ch. 733, § 2; T.C.A., §41-2102; Acts 2012 , ch. 986, § 7.
Tenn. Code Ann. § 41-23-203 — TN Code / Title 41 / Chapter 23 / Section 41-23-203
Compact definitions
Status: in_force

As used in this compact, unless the context otherwise requires: (1) "Appropriate official" means a person designated by the sending state to grant furloughs or by the receiving state to accept or reject furloughs pursuant to this compact; (2) "Authorized person" means a person designated by law or appointment for purposes of escorting, transferring or retaking a furloughed inmate; (3) "Escapee" means an inmate who is on interstate furlough, pursuant to this compact, and fails to return at the prescribed time to the sending state or becomes a known absconder during the period of furlough; (4) "Escorted interstate furlough" means the transference of an inmate in emergency situations, who does not meet the furlough requirements of the sending state, to a state which is party to the compact under escort or guard of an authorized person of the sending state; (5) "Inmate" means a person convicted of a crime who is committed under sentence to or confined in a penal or correctional institution; (6) "Institute" means a penal or correctional facility, including all those facilities normally used by adult correctional agencies for the care and custody of inmates whether or not such facilities are owned or operated by the agencies; (7) "Interstate furlough" means any out-of-state leave of an inmate for a designated period in accordance with the requirements established by the appropriate officials of the sending state; (8) "Receiving state" means a state which is party to this compact to which an inmate is sent for furlough; (9) "Relative" means spouse, child (including stepchild, adopted child or foster child), parents (including stepparents, adoptive parents or foster parents), brothers, sisters and grandparents; (10) "Sending state" means a state which is party to this compact in which conviction or commitment was had, except if confinement be in another state, pursuant to the Interstate Corrections Compact, compiled in part 1 of this chapter, in which event the sending state shall be determined by contract between the parties of the Interstate Corrections Compact agreement; (11) "State" means a state in the United States, the United States, a territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico; and (12) "Violator" means an inmate who is on interstate furlough in the receiving state, pursuant to this compact, and fails to abide by the conditions of the furlough as established by the sending state. Acts 1987, ch. 231, § 4.
As used in this compact, unless the context otherwise requires:
(1) "Appropriate official" means a person designated by the sending state to grant furloughs or by the receiving state to accept or reject furloughs pursuant to this compact;
(2) "Authorized person" means a person designated by law or appointment for purposes of escorting, transferring or retaking a furloughed inmate;
(3) "Escapee" means an inmate who is on interstate furlough, pursuant to this compact, and fails to return at the prescribed time to the sending state or becomes a known absconder during the period of furlough;
(4) "Escorted interstate furlough" means the transference of an inmate in emergency situations, who does not meet the furlough requirements of the sending state, to a state which is party to the compact under escort or guard of an authorized person of the sending state;
(5) "Inmate" means a person convicted of a crime who is committed under sentence to or confined in a penal or correctional institution;
(6) "Institute" means a penal or correctional facility, including all those facilities normally used by adult correctional agencies for the care and custody of inmates whether or not such facilities are owned or operated by the agencies;
(7) "Interstate furlough" means any out-of-state leave of an inmate for a designated period in accordance with the requirements established by the appropriate officials of the sending state;
(8) "Receiving state" means a state which is party to this compact to which an inmate is sent for furlough;
(9) "Relative" means spouse, child (including stepchild, adopted child or foster child), parents (including stepparents, adoptive parents or foster parents), brothers, sisters and grandparents;
(10) "Sending state" means a state which is party to this compact in which conviction or commitment was had, except if confinement be in another state, pursuant to the Interstate Corrections Compact, compiled in part 1 of this chapter, in which event the sending state shall be determined by contract between the parties of the Interstate Corrections Compact agreement;
(11) "State" means a state in the United States, the United States, a territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico; and
(12) "Violator" means an inmate who is on interstate furlough in the receiving state, pursuant to this compact, and fails to abide by the conditions of the furlough as established by the sending state.
Acts 1987, ch. 231, § 4.
Tenn. Code Ann. § 41-22-129 — TN Code / Title 41 / Chapter 22 / Section 41-22-129
Substandard housing renovation
Status: in_force

(a) The commissioner of correction, with the approval of the governor, is authorized to enter into cooperative agreements with county, city or municipal governments for the purpose of renovating substandard housing of persons determined by the department of human services to be of low income. (b) (1) Any county, city or municipality desiring the use of inmates to perform such work shall make application to the commissioner of correction. (2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested. (3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state. (c) No inmate shall be required to perform work for any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate. Acts 1987, ch. 241, § 1.
(a) The commissioner of correction, with the approval of the governor, is authorized to enter into cooperative agreements with county, city or municipal governments for the purpose of renovating substandard housing of persons determined by the department of human services to be of low income.
(b) (1) Any county, city or municipality desiring the use of inmates to perform such work shall make application to the commissioner of correction. (2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested. (3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
(1) Any county, city or municipality desiring the use of inmates to perform such work shall make application to the commissioner of correction.
(2) (A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform. (B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
(A) The application shall state: (i) The location and nature of the proposed project; (ii) The estimated length of time inmates would be required; (iii) The number of inmates that would be required; and (iv) The nature of the duties inmates are to perform.
(i) The location and nature of the proposed project;
(ii) The estimated length of time inmates would be required;
(iii) The number of inmates that would be required; and
(iv) The nature of the duties inmates are to perform.
(B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
(3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
(c) No inmate shall be required to perform work for any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate.
Acts 1987, ch. 241, § 1.
Tenn. Code Ann. § 41-12-121 — TN Code / Title 41 / Chapter 12 / Section 41-12-121
Authority as public agency
Status: in_force

The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9. Acts 2008, ch. 1092, § 22.
The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9.
Acts 2008, ch. 1092, § 22.
Tenn. Code Ann. § 41-21-503 — TN Code / Title 41 / Chapter 21 / Section 41-21-503
Division of rehabilitative services - Director
Status: in_force

(a) There is created a division of rehabilitative services to be administered by a director acting under the supervision of the commissioner of correction. (b) The director of rehabilitative services shall be appointed by the commissioner with the approval of the governor and shall be qualified to carry out a comprehensive program of rehabilitative treatment for certain first term inmates and, within the discretion of the commissioner or the commissioner's designated representative, certain second term inmates. Acts 1970, ch. 471, § 3; 1972, ch. 538, § 2; T.C.A., § 41-1803.
(a) There is created a division of rehabilitative services to be administered by a director acting under the supervision of the commissioner of correction.
(b) The director of rehabilitative services shall be appointed by the commissioner with the approval of the governor and shall be qualified to carry out a comprehensive program of rehabilitative treatment for certain first term inmates and, within the discretion of the commissioner or the commissioner's designated representative, certain second term inmates.
Acts 1970, ch. 471, § 3; 1972, ch. 538, § 2; T.C.A., § 41-1803.
Tenn. Code Ann. § 41-21-809 — TN Code / Title 41 / Chapter 21 / Section 41-21-809
Hearings - Video communications
Status: in_force

The court may hold a hearing under this part at a county jail or a facility operated by the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witnesses. Acts 1996, ch. 913, § 1.
The court may hold a hearing under this part at a county jail or a facility operated by the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witnesses.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-21-908 — TN Code / Title 41 / Chapter 21 / Section 41-21-908
Use of remedies, interim orders and enforcement procedures allowed by law or court rule - Liens and other encumbrances - Appointment of receiver - Homestead exemption
Status: in_force

(a) (1) Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part. (2) With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. (b) To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver. (c) The attorney general and reporter or a prosecuting attorney shall not enforce any judgment obtained under this part by means of execution against the homestead of the inmate. The attorney general and reporter shall enforce this part, except that the attorney general and reporter may request the prosecuting attorney of the county in which the inmate was sentenced or the prosecuting attorney of the county in which any asset of an inmate is located to make an investigation or assist in a legal proceeding under this part. Acts 1998, ch. 992, § 9.
(a) (1) Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part. (2) With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
(1) Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part.
(2) With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
(b) To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver.
(c) The attorney general and reporter or a prosecuting attorney shall not enforce any judgment obtained under this part by means of execution against the homestead of the inmate. The attorney general and reporter shall enforce this part, except that the attorney general and reporter may request the prosecuting attorney of the county in which the inmate was sentenced or the prosecuting attorney of the county in which any asset of an inmate is located to make an investigation or assist in a legal proceeding under this part.
Acts 1998, ch. 992, § 9.
Tenn. Code Ann. § 41-21-401 — TN Code / Title 41 / Chapter 21 / Section 41-21-401
Defense against violence or attempt to escape
Status: in_force

When personal violence is offered by a inmate to an officer, employee or to another inmate, or when an attempt is made to escape, or to do injury to the building, or any material, implements, etc., those officers and employees are authorized to use all necessary means of defense and to secure the person of the offender. Code 1858, § 5523 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7542; Code 1932, § 12140; T.C.A. (orig. ed.), § 41-706.
When personal violence is offered by a inmate to an officer, employee or to another inmate, or when an attempt is made to escape, or to do injury to the building, or any material, implements, etc., those officers and employees are authorized to use all necessary means of defense and to secure the person of the offender.
Code 1858, § 5523 (deriv. Acts 1829, ch. 38, § 25); Shan., § 7542; Code 1932, § 12140; T.C.A. (orig. ed.), § 41-706.
Tenn. Code Ann. § 41-11-112 — TN Code / Title 41 / Chapter 11 / Section 41-11-112
Applicability - Development districts - Contracting
Status: in_force

(a) This chapter only applies in counties having a population in excess of two hundred fifty thousand (250,000), and in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), all according to the 1990 federal census or any subsequent federal census, and in any other county in which the county legislative body, by majority vote, adopts a resolution electing to utilize this chapter to seek reimbursement. (b) All other counties shall be grouped by development districts established pursuant to title 13, chapter 14, part 1. For those counties, the comptroller of the treasury shall develop guidelines and solicit proposals for the collection of expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail pursuant to § 41-11-103 . The guidelines developed by the comptroller of the treasury may, to the greatest extent possible, be based on the collection procedures established by this chapter or may utilize any other collection procedures and standards in the discretion of the comptroller of the treasury. The guidelines for collection may be based on a statewide proposal, be limited to a proposal by development districts or be a combination of both. In developing the proposals, the comptroller of the treasury shall give consideration to awarding a contract to the person or entity based on a percentage of amount retained, competency or ability to perform, costs incurred in securing reimbursement or be based on any other criteria developed by the comptroller of the treasury. The contract awarded by the comptroller of the treasury shall be a two-year contract. (c) The reimbursements secured under the contracts, less the fee for collection, shall be deposited into the state general fund and, at least annually, shall be distributed to the general fund of the county in which the inmate was incarcerated. The funds may be used for any lawful purpose. Acts 1995, ch. 522, § 13.
(a) This chapter only applies in counties having a population in excess of two hundred fifty thousand (250,000), and in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), all according to the 1990 federal census or any subsequent federal census, and in any other county in which the county legislative body, by majority vote, adopts a resolution electing to utilize this chapter to seek reimbursement.
(b) All other counties shall be grouped by development districts established pursuant to title 13, chapter 14, part 1. For those counties, the comptroller of the treasury shall develop guidelines and solicit proposals for the collection of expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail pursuant to § 41-11-103 . The guidelines developed by the comptroller of the treasury may, to the greatest extent possible, be based on the collection procedures established by this chapter or may utilize any other collection procedures and standards in the discretion of the comptroller of the treasury. The guidelines for collection may be based on a statewide proposal, be limited to a proposal by development districts or be a combination of both. In developing the proposals, the comptroller of the treasury shall give consideration to awarding a contract to the person or entity based on a percentage of amount retained, competency or ability to perform, costs incurred in securing reimbursement or be based on any other criteria developed by the comptroller of the treasury. The contract awarded by the comptroller of the treasury shall be a two-year contract.
(c) The reimbursements secured under the contracts, less the fee for collection, shall be deposited into the state general fund and, at least annually, shall be distributed to the general fund of the county in which the inmate was incarcerated. The funds may be used for any lawful purpose.
Acts 1995, ch. 522, § 13.
Tenn. Code Ann. § 41-1-502 — TN Code / Title 41 / Chapter 1 / Section 41-1-502
Report to general assembly on designated capacities and in-house populations - Construction of part
Status: in_force

(a) On February 1 of each year, or on more frequent occasions during periods of construction or when there is a change in designated capacity, the commissioner shall inform the speakers of the senate and house of representatives, the chairs of the judiciary and state and local government committees of the senate, and the chairs of the criminal justice and state government committees of the house of representatives as to the relevant designated capacity and in-house population of all adult male and all adult female correctional facilities administered by the department and the reasons for any changes in the designated capacities. (b) Nothing in this part shall be construed to affect the authority of the general assembly to appropriate funds for the construction, renovation or alteration of correctional facilities administered by the department. (c) Nothing in this part shall be construed to affect the authority of the state building commission to review, approve and oversee projects relating to the construction, renovation or alteration of correctional facilities administered by the department. Amended by 2021 Tenn. Acts, ch. 64, s 53, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 62, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 85, eff. 4/19/2013. Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
(a) On February 1 of each year, or on more frequent occasions during periods of construction or when there is a change in designated capacity, the commissioner shall inform the speakers of the senate and house of representatives, the chairs of the judiciary and state and local government committees of the senate, and the chairs of the criminal justice and state government committees of the house of representatives as to the relevant designated capacity and in-house population of all adult male and all adult female correctional facilities administered by the department and the reasons for any changes in the designated capacities.
(b) Nothing in this part shall be construed to affect the authority of the general assembly to appropriate funds for the construction, renovation or alteration of correctional facilities administered by the department.
(c) Nothing in this part shall be construed to affect the authority of the state building commission to review, approve and oversee projects relating to the construction, renovation or alteration of correctional facilities administered by the department.
Amended by 2021 Tenn. Acts, ch. 64, s 53, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 62, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 85, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
Tenn. Code Ann. § 41-21-907 — TN Code / Title 41 / Chapter 21 / Section 41-21-907
Jurisdiction - Form of complaint - Hearing - Order - Amount of reimbursement - Failure to comply - Payment of costs - Recovery of expenses in care of inmate
Status: in_force

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this part. The attorney general and reporter may file a complaint in the circuit court of the county from which an inmate was sentenced, stating that the person is or has been an inmate in a state correctional facility, that there is good cause to believe that the inmate has assets and petition that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the costs of care of the person as an inmate. (b) Upon the filing of the complaint under subsection (a), the court shall issue an order to show cause why the petition should not be granted. The complaint and order shall be served upon the inmate personally or, if the inmate is confined in a state correctional facility, by registered mail addressed to the inmate in care of the chief administrator of the state correctional facility where the inmate is housed at least thirty (30) days before the date of hearing on the complaint and order. (c) At the time of the hearing on the complaint and order, if it appears that the inmate has any assets that ought to be subjected to the claim of the state under this part, the court shall issue an order requiring any person, corporation or other legal entity possessing or having custody of those assets to appropriate and apply the assets or a portion of the assets toward reimbursing the state as provided for under this part. The reimbursement is subject to payments for court-ordered child support and arrearages before the state may apply any amounts recovered for reimbursement of its expenses, including the costs of any investigations. (d) The amount of reimbursement under this part shall not be in excess of the per diem cost of care for maintaining inmates in the state correctional facility in which the inmate is housed. (e) At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependants, and any moral obligation to support dependants to whom the defendant is providing or has in fact provided support. At the hearing the inmate shall have the opportunity to put on proof to show why such an order should not be entered or the existence of appropriate obligations that should limit application of the order. (f) If the person, corporation or other legal entity neglects or refuses to comply with an order under subsection (c), the court shall order the person, corporation or other legal entity to appear before the court at such time as the court directs and to show cause why the person, corporation or other legal entity should not be considered in contempt of court. (g) If, in the opinion of the court, the assets of the inmate are sufficient to pay the cost of the proceedings under this part, the assets shall be liable for those costs upon order of the court. (h) The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care of the inmate during the entire period or periods the person is an inmate in a state correctional facility. Acts 1998, ch. 992, § 8.
(a) The circuit court shall have exclusive jurisdiction over all proceedings under this part. The attorney general and reporter may file a complaint in the circuit court of the county from which an inmate was sentenced, stating that the person is or has been an inmate in a state correctional facility, that there is good cause to believe that the inmate has assets and petition that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the costs of care of the person as an inmate.
(b) Upon the filing of the complaint under subsection (a), the court shall issue an order to show cause why the petition should not be granted. The complaint and order shall be served upon the inmate personally or, if the inmate is confined in a state correctional facility, by registered mail addressed to the inmate in care of the chief administrator of the state correctional facility where the inmate is housed at least thirty (30) days before the date of hearing on the complaint and order.
(c) At the time of the hearing on the complaint and order, if it appears that the inmate has any assets that ought to be subjected to the claim of the state under this part, the court shall issue an order requiring any person, corporation or other legal entity possessing or having custody of those assets to appropriate and apply the assets or a portion of the assets toward reimbursing the state as provided for under this part. The reimbursement is subject to payments for court-ordered child support and arrearages before the state may apply any amounts recovered for reimbursement of its expenses, including the costs of any investigations.
(d) The amount of reimbursement under this part shall not be in excess of the per diem cost of care for maintaining inmates in the state correctional facility in which the inmate is housed.
(e) At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependants, and any moral obligation to support dependants to whom the defendant is providing or has in fact provided support. At the hearing the inmate shall have the opportunity to put on proof to show why such an order should not be entered or the existence of appropriate obligations that should limit application of the order.
(f) If the person, corporation or other legal entity neglects or refuses to comply with an order under subsection (c), the court shall order the person, corporation or other legal entity to appear before the court at such time as the court directs and to show cause why the person, corporation or other legal entity should not be considered in contempt of court.
(g) If, in the opinion of the court, the assets of the inmate are sufficient to pay the cost of the proceedings under this part, the assets shall be liable for those costs upon order of the court.
(h) The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care of the inmate during the entire period or periods the person is an inmate in a state correctional facility.
Acts 1998, ch. 992, § 8.
Tenn. Code Ann. § 41-21-1005 — TN Code / Title 41 / Chapter 21 / Section 41-21-1005
Prison employees cooperation with board
Status: in_force

The warden of each prison and all officers and employees of each prison and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers, and employees information as may be necessary to enable the board to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers, and employees free access to all prisoners confined in the prisons, workhouses, and jails of this state. Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
The warden of each prison and all officers and employees of each prison and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers, and employees information as may be necessary to enable the board to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers, and employees free access to all prisoners confined in the prisons, workhouses, and jails of this state.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
Tenn. Code Ann. § 41-21-517 — TN Code / Title 41 / Chapter 21 / Section 41-21-517
Commercial driver license training
Status: in_force

The department of correction, in consultation with the department of safety, is authorized to create a commercial driver license training program for purposes of training offenders who, upon release from incarceration, may be suitable for careers in the transportation industry. A person who has been convicted of any of the following offenses is ineligible to participate in the training program created pursuant to this section: a human trafficking offense as defined in § 39-13-314 , or an equivalent offense in another jurisdiction; a sexual offense, a violent sexual offense, or a violent juvenile sexual offense, as such terms are defined by § 40-39-202 , or equivalent offenses in another jurisdiction; two (2) or more offenses of driving under the influence of an intoxicant under § 55-10-401 , or equivalent offenses in another jurisdiction; or vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or equivalent offenses in another jurisdiction. A training program created pursuant to this section must conform to the requirements in title 55, chapter 50; rules promulgated by the department of safety; and rules promulgated by the federal motor carrier safety administration. The departments of correction and safety are authorized to promulgate rules to effectuate this section, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2022 Tenn. Acts, ch. 992, s 5, eff. 7/1/2022.
The department of correction, in consultation with the department of safety, is authorized to create a commercial driver license training program for purposes of training offenders who, upon release from incarceration, may be suitable for careers in the transportation industry. A person who has been convicted of any of the following offenses is ineligible to participate in the training program created pursuant to this section: a human trafficking offense as defined in § 39-13-314 , or an equivalent offense in another jurisdiction; a sexual offense, a violent sexual offense, or a violent juvenile sexual offense, as such terms are defined by § 40-39-202 , or equivalent offenses in another jurisdiction; two (2) or more offenses of driving under the influence of an intoxicant under § 55-10-401 , or equivalent offenses in another jurisdiction; or vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , or equivalent offenses in another jurisdiction. A training program created pursuant to this section must conform to the requirements in title 55, chapter 50; rules promulgated by the department of safety; and rules promulgated by the federal motor carrier safety administration. The departments of correction and safety are authorized to promulgate rules to effectuate this section, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2022 Tenn. Acts, ch. 992, s 5, eff. 7/1/2022.
Tenn. Code Ann. § 41-22-307 — TN Code / Title 41 / Chapter 22 / Section 41-22-307
Compensation of guard
Status: in_force

(a) The guard shall receive for services not exceeding one dollar ($1.00) per day for each day employed, or an amount not exceeding two dollars ($2.00) per day as the sheriff shall agree to pay. The county mayor, on the order of the county legislative body, shall draw a warrant on the county trustee, who shall pay the guard for services out of the county treasury. (b) The sheriff of the county, or any of the sheriff's deputies, may act as guard for the inmates while they are absent from the jail, or the sheriff shall appoint a good person to serve as guard for the inmates during that time. Acts 1899, ch. 358, § 3; Shan., § 1682a6; mod. Code 1932, § 2819; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1307; Acts 2003, ch. 90, § 2.
(a) The guard shall receive for services not exceeding one dollar ($1.00) per day for each day employed, or an amount not exceeding two dollars ($2.00) per day as the sheriff shall agree to pay. The county mayor, on the order of the county legislative body, shall draw a warrant on the county trustee, who shall pay the guard for services out of the county treasury.
(b) The sheriff of the county, or any of the sheriff's deputies, may act as guard for the inmates while they are absent from the jail, or the sheriff shall appoint a good person to serve as guard for the inmates during that time.
Acts 1899, ch. 358, § 3; Shan., § 1682a6; mod. Code 1932, § 2819; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 41-1307; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 41-21-605 — TN Code / Title 41 / Chapter 21 / Section 41-21-605
Results of experiment
Status: in_force

A copy of the results of the test or other experiment shall be sent to each inmate and prison administrator involved. Acts 1974, ch. 770, § 6; T.C.A., § 41-2205.
A copy of the results of the test or other experiment shall be sent to each inmate and prison administrator involved.
Acts 1974, ch. 770, § 6; T.C.A., § 41-2205.
Tenn. Code Ann. § 41-2-134 — TN Code / Title 41 / Chapter 2 / Section 41-2-134
Commission created to authorize work release
Status: in_force

(a) There is created a commission to authorize prisoners to come under a work release program whenever any person has been committed to the workhouse or similar place of confinement and to approve educational programs established pursuant to § 41-2-145 . (b) The commission, as authorized in this section, is authorized and empowered to permit the defendant to leave the workhouse during approved working hours to work at a place of employment and to earn a living to meet, in whole or in part, the cost of the prisoner's current financial obligations; provided, that the prisoner returns to the workhouse each day after work and that the prisoner is released only for related rehabilitative purposes as recommended by the correctional/rehabilitation work release coordinator. (c) (1) In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, and in any county having a metropolitan form of government and a population of not less than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the commission shall be composed of not more than twelve (12) members nor less than three (3) members, who shall meet as three-member panels for the purpose of reviewing and approving applications for work release. (2) In other counties, the commission shall be composed of three (3) members. (3) In all counties: (A) The sheriff or workhouse superintendent shall appoint the members of the commission, subject to the approval of the county legislative body; (B) Each member shall serve a four-year term; and (C) A person appointed to fill a vacancy shall serve for the remainder of the unexpired term. (d) The commission shall meet weekly or at the call of the sheriff at the sheriff's office. Acts 1967, ch. 285, § 2; 1973, ch. 87, § 1; 1977, ch. 395, § 1; 1980, ch. 911, § 2; T.C.A., § 41-1245; Acts 1986, ch. 744, §§20, 21; 1995, ch. 472, § 1; 1996, ch. 849, § 1.
(a) There is created a commission to authorize prisoners to come under a work release program whenever any person has been committed to the workhouse or similar place of confinement and to approve educational programs established pursuant to § 41-2-145 .
(b) The commission, as authorized in this section, is authorized and empowered to permit the defendant to leave the workhouse during approved working hours to work at a place of employment and to earn a living to meet, in whole or in part, the cost of the prisoner's current financial obligations; provided, that the prisoner returns to the workhouse each day after work and that the prisoner is released only for related rehabilitative purposes as recommended by the correctional/rehabilitation work release coordinator.
(c) (1) In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, and in any county having a metropolitan form of government and a population of not less than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the commission shall be composed of not more than twelve (12) members nor less than three (3) members, who shall meet as three-member panels for the purpose of reviewing and approving applications for work release. (2) In other counties, the commission shall be composed of three (3) members. (3) In all counties: (A) The sheriff or workhouse superintendent shall appoint the members of the commission, subject to the approval of the county legislative body; (B) Each member shall serve a four-year term; and (C) A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
(1) In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, and in any county having a metropolitan form of government and a population of not less than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the commission shall be composed of not more than twelve (12) members nor less than three (3) members, who shall meet as three-member panels for the purpose of reviewing and approving applications for work release.
(2) In other counties, the commission shall be composed of three (3) members.
(3) In all counties: (A) The sheriff or workhouse superintendent shall appoint the members of the commission, subject to the approval of the county legislative body; (B) Each member shall serve a four-year term; and (C) A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
(A) The sheriff or workhouse superintendent shall appoint the members of the commission, subject to the approval of the county legislative body;
(B) Each member shall serve a four-year term; and
(C) A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
(d) The commission shall meet weekly or at the call of the sheriff at the sheriff's office.
Acts 1967, ch. 285, § 2; 1973, ch. 87, § 1; 1977, ch. 395, § 1; 1980, ch. 911, § 2; T.C.A., § 41-1245; Acts 1986, ch. 744, §§20, 21; 1995, ch. 472, § 1; 1996, ch. 849, § 1.
Tenn. Code Ann. § 41-21-807 — TN Code / Title 41 / Chapter 21 / Section 41-21-807
Accounting of inmate funds required as part of civil action - Payment of fees - Frivolous or malicious claims
Status: in_force

(a) An inmate seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security for the fees, in addition to filing the affidavit required by § 41-21-805 , shall submit a certified copy of the trust fund account statement, or the institutional equivalent, for the inmate for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each facility at which the inmate is or was confined. (b) (1) If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly: (A) Deposits to the inmate's account; or (B) Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal. (2) After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid. (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. (4) In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee. (c) In no event shall an inmate bring a civil action or appeal a judgment in a civil action or proceeding under this section if the inmate has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of this state or the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury. Acts 1996, ch. 913, § 1; 2001, ch. 76, § 2.
(a) An inmate seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security for the fees, in addition to filing the affidavit required by § 41-21-805 , shall submit a certified copy of the trust fund account statement, or the institutional equivalent, for the inmate for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each facility at which the inmate is or was confined.
(b) (1) If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly: (A) Deposits to the inmate's account; or (B) Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal. (2) After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid. (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. (4) In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee.
(1) If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly: (A) Deposits to the inmate's account; or (B) Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
(A) Deposits to the inmate's account; or
(B) Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
(2) After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid.
(3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.
(4) In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee.
(c) In no event shall an inmate bring a civil action or appeal a judgment in a civil action or proceeding under this section if the inmate has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of this state or the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 2.
Tenn. Code Ann. § 41-2-136 — TN Code / Title 41 / Chapter 2 / Section 41-2-136
Grounds for removal from program
Status: in_force

Any prisoner placed under the work release program may be taken out of the program for just cause by the commission. In the event a prisoner is taken out of the work release program, the prisoner shall remain in the workhouse and complete the sentence. Acts 1967, ch. 285, § 4; 1973, ch. 87, § 1; T.C.A., § 41-1247.
Any prisoner placed under the work release program may be taken out of the program for just cause by the commission. In the event a prisoner is taken out of the work release program, the prisoner shall remain in the workhouse and complete the sentence.
Acts 1967, ch. 285, § 4; 1973, ch. 87, § 1; T.C.A., § 41-1247.
Tenn. Code Ann. § 41-1-202 — TN Code / Title 41 / Chapter 1 / Section 41-1-202
Appointment and qualifications of warden
Status: in_force

(a) The warden of the female penitentiary of this state shall be subject to appointment or discharge by the commissioner of correction, upon approval of the governor. (b) The warden: (1) Shall, at the time of appointment, be not less than twenty-five (25) years of age; (2) Shall be qualified to be proficient in the management of a state penal institution; (3) Will hold a masters degree from a duly accredited approved university in business administration, education or penology and correction; or (4) Have other qualifications that, in the opinion of the commissioner, would be equal to or greater than the qualifications listed in subdivisions (b)(1)-(3). Acts 1965, ch. 178, §§ 1, 2; T.C.A., § 41-1702; Acts 1990, ch. 942, § 1.
(a) The warden of the female penitentiary of this state shall be subject to appointment or discharge by the commissioner of correction, upon approval of the governor.
(b) The warden: (1) Shall, at the time of appointment, be not less than twenty-five (25) years of age; (2) Shall be qualified to be proficient in the management of a state penal institution; (3) Will hold a masters degree from a duly accredited approved university in business administration, education or penology and correction; or (4) Have other qualifications that, in the opinion of the commissioner, would be equal to or greater than the qualifications listed in subdivisions (b)(1)-(3).
(1) Shall, at the time of appointment, be not less than twenty-five (25) years of age;
(2) Shall be qualified to be proficient in the management of a state penal institution;
(3) Will hold a masters degree from a duly accredited approved university in business administration, education or penology and correction; or
(4) Have other qualifications that, in the opinion of the commissioner, would be equal to or greater than the qualifications listed in subdivisions (b)(1)-(3).
Acts 1965, ch. 178, §§ 1, 2; T.C.A., § 41-1702; Acts 1990, ch. 942, § 1.
Tenn. Code Ann. § 41-1-408 — TN Code / Title 41 / Chapter 1 / Section 41-1-408
Medical care - Prohibited treatments and procedures - Permissible treatments - Exclusions and grandfathering
Status: in_force

(a) The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel. (b) (1) As used in this subsection (b): (A) "Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth; (B) "Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and (C) "Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth. (2) (A) Notwithstanding this title to the contrary, the department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse. (B) Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a). Amended by 2024 Tenn. Acts, ch. 821,s 1, eff. 4/29/2024. Acts 1983, ch. 467, § 8.
(a) The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel.
(b) (1) As used in this subsection (b): (A) "Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth; (B) "Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and (C) "Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth. (2) (A) Notwithstanding this title to the contrary, the department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse. (B) Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a).
(1) As used in this subsection (b): (A) "Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth; (B) "Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and (C) "Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth.
(A) "Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;
(B) "Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and
(C) "Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth.
(2) (A) Notwithstanding this title to the contrary, the department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse. (B) Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a).
(A) Notwithstanding this title to the contrary, the department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.
(i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or
(ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.
(B) Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a).
Amended by 2024 Tenn. Acts, ch. 821,s 1, eff. 4/29/2024.
Acts 1983, ch. 467, § 8.
Tenn. Code Ann. § 41-4-131 — TN Code / Title 41 / Chapter 4 / Section 41-4-131
Jailers' fees
Status: in_force

(a) The fees of jailers shall be taxed separately from the general bills of costs of criminal cases. (b) All state costs shall be properly proved and sworn to before the clerk of the criminal or circuit court of the county and certified by the clerk for payment. Acts 1870-1871, ch. 7, § 2; Shan., § 7447a; Code 1932, § 12055; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12055; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified T.C.A. (orig. ed.), § 41-1135; Acts 1983, ch. 418, § 1.
(a) The fees of jailers shall be taxed separately from the general bills of costs of criminal cases.
(b) All state costs shall be properly proved and sworn to before the clerk of the criminal or circuit court of the county and certified by the clerk for payment.
Acts 1870-1871, ch. 7, § 2; Shan., § 7447a; Code 1932, § 12055; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12055; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified T.C.A. (orig. ed.), § 41-1135; Acts 1983, ch. 418, § 1.
Tenn. Code Ann. § 41-12-101 — TN Code / Title 41 / Chapter 12 / Section 41-12-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Regional Jail Authority Act." Acts 2008, ch. 1092, § 2.
This chapter shall be known and may be cited as the "Regional Jail Authority Act."
Acts 2008, ch. 1092, § 2.
Tenn. Code Ann. § 41-22-408 — TN Code / Title 41 / Chapter 22 / Section 41-22-408
Contracts for services - Budgets - Operating plans - Monitoring
Status: in_force

(a) Notwithstanding any law to the contrary, the board has the authority to contract for professional services, for which reimbursement may be established on an incentive basis, and for the lease or purchase of property and equipment, to be provided for TRICOR, that is necessary for the efficient discharge of its duties to manage and operate. (b) The board shall establish the budget for TRICOR based on its mission and shall submit its budget directly to the commissioner of finance and administration independent from the department of correction budget. (c) The board shall approve the annual operating plan of TRICOR. (d) The board shall establish and review, as necessary, the pricing policies for products and services provided by TRICOR. (e) The board shall have such other powers as are necessary to accomplish the mission of TRICOR as the board establishes for itself and as are reviewed by the state and local government committee of the senate and the state government committee of the house of representatives and the governor. (f) (1) The board has the duty to monitor TRICOR's operation and management and to impose such limitations as are prudent and necessary to assure that freedoms and powers are not abused. The board and TRICOR are subject to audit by the comptroller of the treasury as provided by law. With the approval of the comptroller of the treasury, the board may engage the services of a public accounting firm. (2) The board shall assist TRICOR in maintaining the quality of management processes and reporting, providing for the adequacy of financial and accounting control systems and serving as a communications channel between TRICOR managers and auditors. (3) (A) The board shall adopt and publish bylaws to govern its operation and to provide an orderly change process by which its powers, responsibilities and functions may from time to time be modified. The bylaws of TRICOR shall be altered, rescinded or amended in the manner described in subdivision (f)(3)(B). (B) The adopted bylaws may be altered, rescinded or amended by a two-thirds (2/3) vote of any regular or special meeting of the board of directors, if a copy of the proposed amendment is submitted in writing to each director at least ten (10) days before the meeting at which a vote upon the proposal is to be taken and upon ratification by the state and local government committee of the senate, the state government committee of the house of representatives and the governor or the governor's designee. Amended by 2021 Tenn. Acts, ch. 64, s 60, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 70, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1994, ch. 737, § 1; 2003 , ch. 187, §§ 21-29; 2006, ch. 750, § 4; 2011 , ch. 410, § 2(k); 2012 , ch. 925, § 3.
(a) Notwithstanding any law to the contrary, the board has the authority to contract for professional services, for which reimbursement may be established on an incentive basis, and for the lease or purchase of property and equipment, to be provided for TRICOR, that is necessary for the efficient discharge of its duties to manage and operate.
(b) The board shall establish the budget for TRICOR based on its mission and shall submit its budget directly to the commissioner of finance and administration independent from the department of correction budget.
(c) The board shall approve the annual operating plan of TRICOR.
(d) The board shall establish and review, as necessary, the pricing policies for products and services provided by TRICOR.
(e) The board shall have such other powers as are necessary to accomplish the mission of TRICOR as the board establishes for itself and as are reviewed by the state and local government committee of the senate and the state government committee of the house of representatives and the governor.
(f) (1) The board has the duty to monitor TRICOR's operation and management and to impose such limitations as are prudent and necessary to assure that freedoms and powers are not abused. The board and TRICOR are subject to audit by the comptroller of the treasury as provided by law. With the approval of the comptroller of the treasury, the board may engage the services of a public accounting firm. (2) The board shall assist TRICOR in maintaining the quality of management processes and reporting, providing for the adequacy of financial and accounting control systems and serving as a communications channel between TRICOR managers and auditors. (3) (A) The board shall adopt and publish bylaws to govern its operation and to provide an orderly change process by which its powers, responsibilities and functions may from time to time be modified. The bylaws of TRICOR shall be altered, rescinded or amended in the manner described in subdivision (f)(3)(B). (B) The adopted bylaws may be altered, rescinded or amended by a two-thirds (2/3) vote of any regular or special meeting of the board of directors, if a copy of the proposed amendment is submitted in writing to each director at least ten (10) days before the meeting at which a vote upon the proposal is to be taken and upon ratification by the state and local government committee of the senate, the state government committee of the house of representatives and the governor or the governor's designee.
(1) The board has the duty to monitor TRICOR's operation and management and to impose such limitations as are prudent and necessary to assure that freedoms and powers are not abused. The board and TRICOR are subject to audit by the comptroller of the treasury as provided by law. With the approval of the comptroller of the treasury, the board may engage the services of a public accounting firm.
(2) The board shall assist TRICOR in maintaining the quality of management processes and reporting, providing for the adequacy of financial and accounting control systems and serving as a communications channel between TRICOR managers and auditors.
(3) (A) The board shall adopt and publish bylaws to govern its operation and to provide an orderly change process by which its powers, responsibilities and functions may from time to time be modified. The bylaws of TRICOR shall be altered, rescinded or amended in the manner described in subdivision (f)(3)(B). (B) The adopted bylaws may be altered, rescinded or amended by a two-thirds (2/3) vote of any regular or special meeting of the board of directors, if a copy of the proposed amendment is submitted in writing to each director at least ten (10) days before the meeting at which a vote upon the proposal is to be taken and upon ratification by the state and local government committee of the senate, the state government committee of the house of representatives and the governor or the governor's designee.
(A) The board shall adopt and publish bylaws to govern its operation and to provide an orderly change process by which its powers, responsibilities and functions may from time to time be modified. The bylaws of TRICOR shall be altered, rescinded or amended in the manner described in subdivision (f)(3)(B).
(B) The adopted bylaws may be altered, rescinded or amended by a two-thirds (2/3) vote of any regular or special meeting of the board of directors, if a copy of the proposed amendment is submitted in writing to each director at least ten (10) days before the meeting at which a vote upon the proposal is to be taken and upon ratification by the state and local government committee of the senate, the state government committee of the house of representatives and the governor or the governor's designee.
Amended by 2021 Tenn. Acts, ch. 64, s 60, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 70, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1994, ch. 737, § 1; 2003 , ch. 187, §§ 21-29; 2006, ch. 750, § 4; 2011 , ch. 410, § 2(k); 2012 , ch. 925, § 3.
Tenn. Code Ann. § 41-21-102 — TN Code / Title 41 / Chapter 21 / Section 41-21-102
Persons sentenced to imprisonment
Status: in_force

Inmates sentenced to the penitentiary for life, or any term of time, by any court of this state or of the United States held within this state, shall be received into the penitentiary by the warden of the penitentiary, when delivered upon proper authority, and there kept in pursuance of the sentence. Code 1858, § 5494 (deriv. Acts 1829, ch. 38, § 28); Shan., § 7514; Code 1932, § 12110; T.C.A. (orig. ed.), § 41-202.
Inmates sentenced to the penitentiary for life, or any term of time, by any court of this state or of the United States held within this state, shall be received into the penitentiary by the warden of the penitentiary, when delivered upon proper authority, and there kept in pursuance of the sentence.
Code 1858, § 5494 (deriv. Acts 1829, ch. 38, § 28); Shan., § 7514; Code 1932, § 12110; T.C.A. (orig. ed.), § 41-202.
Tenn. Code Ann. § 41-21-404 — TN Code / Title 41 / Chapter 21 / Section 41-21-404
Unauthorized means of punishment
Status: in_force

No inmate shall be punished in any other way than is provided in this title, except by the authority of the commissioner of correction. Code 1858, § 5520; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7539; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12138; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-721.
No inmate shall be punished in any other way than is provided in this title, except by the authority of the commissioner of correction.
Code 1858, § 5520; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7539; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12138; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-721.
Tenn. Code Ann. § 41-21-305 — TN Code / Title 41 / Chapter 21 / Section 41-21-305
Writ for appearance to testify in criminal case
Status: in_force

Whenever the presiding judge of any court has reason to believe that the evidence of an inmate is necessary in any criminal proceedings and that other evidence cannot be obtained on behalf of the state or of the defendant, the presiding judge shall order a writ to be issued directing the warden of the penitentiary to bring the body of the inmate before the court, on a day to be named in the writ, to give testimony for the state or for the defendant in such case. Code 1858, § 5554; Shan., § 7576; Code 1932, § 12174; Acts 1965, ch. 81, § 1; T.C.A. (orig. ed.), § 41-606.
Whenever the presiding judge of any court has reason to believe that the evidence of an inmate is necessary in any criminal proceedings and that other evidence cannot be obtained on behalf of the state or of the defendant, the presiding judge shall order a writ to be issued directing the warden of the penitentiary to bring the body of the inmate before the court, on a day to be named in the writ, to give testimony for the state or for the defendant in such case.
Code 1858, § 5554; Shan., § 7576; Code 1932, § 12174; Acts 1965, ch. 81, § 1; T.C.A. (orig. ed.), § 41-606.
Tenn. Code Ann. § 41-22-410 — TN Code / Title 41 / Chapter 22 / Section 41-22-410
Service without compensation - Reimbursement of expenses
Status: in_force

Board members shall serve without compensation. Board members are entitled to reimbursement for actual travel expenses in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Acts 1994, ch. 737, § 1.
Board members shall serve without compensation. Board members are entitled to reimbursement for actual travel expenses in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Acts 1994, ch. 737, § 1.
Tenn. Code Ann. § 41-2-132 — TN Code / Title 41 / Chapter 2 / Section 41-2-132
Contracts with other governmental agencies for accepting work release prisoners
Status: in_force

The warden, superintendent, prison keeper or other administrative head of a workhouse shall be authorized, with the approval of the local governing body of the county workhouse, to jointly contract with any other governmental agency, whether federal, state, county or municipal, with regard to accepting prisoners in custody of such other governmental agency or agencies for purposes of participation in the work release program under §§ 41-2-127 - 41-2-132. Also, the sheriff may, with the approval of the county legislative body, contract with another unit of government with regard to accepting prisoners in the custody of that government for the purpose of participating in the work release program. Acts 1967, ch. 259, § 7; 1972, ch. 626, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1243.
The warden, superintendent, prison keeper or other administrative head of a workhouse shall be authorized, with the approval of the local governing body of the county workhouse, to jointly contract with any other governmental agency, whether federal, state, county or municipal, with regard to accepting prisoners in custody of such other governmental agency or agencies for purposes of participation in the work release program under §§ 41-2-127 - 41-2-132. Also, the sheriff may, with the approval of the county legislative body, contract with another unit of government with regard to accepting prisoners in the custody of that government for the purpose of participating in the work release program.
Acts 1967, ch. 259, § 7; 1972, ch. 626, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 41-1243.
Tenn. Code Ann. § 41-8-118 — TN Code / Title 41 / Chapter 8 / Section 41-8-118
Participation of regional jail authority
Status: in_force

A regional jail authority created pursuant to chapter 12 of this title is authorized to participate in the program created pursuant to this chapter in the same manner and to the same extent as counties are authorized to participate. Acts 2008, ch. 1092, § 26.
A regional jail authority created pursuant to chapter 12 of this title is authorized to participate in the program created pursuant to this chapter in the same manner and to the same extent as counties are authorized to participate.
Acts 2008, ch. 1092, § 26.
Tenn. Code Ann. § 41-1-123 — TN Code / Title 41 / Chapter 1 / Section 41-1-123
Diversion centers for technical violators
Status: in_force

(a) The department of correction, in cooperation with the board of parole, is authorized to establish a diversion program at one (1) or more locations in the state. The program shall provide a structured environment for selected parole technical violators based upon a therapeutic community model. Participants in the program shall, at a minimum, be required to take part in counseling, educational and other programs as the department deems appropriate, to provide community service and to submit to drug and alcohol screening. (b) Parole technical violators referred by the board of parole for participation in the diversion program shall not be placed in the program, unless and until the offender has been classified by the department as a suitable candidate for the program, in accordance with policies and guidelines developed jointly by the department and the board. (c) At its discretion, the department is authorized to operate any program established under this section in conjunction with the special probation technical violator program established under the authority of title 40, chapter 20, part 3. (d) As used in this section, "parole technical violator" means an offender who has violated the conditions of parole other than by the commission of a new felony offense. Acts 2006, ch. 666, § 1.
(a) The department of correction, in cooperation with the board of parole, is authorized to establish a diversion program at one (1) or more locations in the state. The program shall provide a structured environment for selected parole technical violators based upon a therapeutic community model. Participants in the program shall, at a minimum, be required to take part in counseling, educational and other programs as the department deems appropriate, to provide community service and to submit to drug and alcohol screening.
(b) Parole technical violators referred by the board of parole for participation in the diversion program shall not be placed in the program, unless and until the offender has been classified by the department as a suitable candidate for the program, in accordance with policies and guidelines developed jointly by the department and the board.
(c) At its discretion, the department is authorized to operate any program established under this section in conjunction with the special probation technical violator program established under the authority of title 40, chapter 20, part 3.
(d) As used in this section, "parole technical violator" means an offender who has violated the conditions of parole other than by the commission of a new felony offense.
Acts 2006, ch. 666, § 1.
Tenn. Code Ann. § 41-12-119 — TN Code / Title 41 / Chapter 12 / Section 41-12-119
Authority as governing body
Status: in_force

The authority shall be considered a governing body for purposes of the open meetings laws, compiled in title 8, chapter 44. Acts 2008, ch. 1092, § 20.
The authority shall be considered a governing body for purposes of the open meetings laws, compiled in title 8, chapter 44.
Acts 2008, ch. 1092, § 20.
Tenn. Code Ann. § 41-4-121 — TN Code / Title 41 / Chapter 4 / Section 41-4-121
Safekeeping of prisoners - Pregnant prisoners - Sufficient jails
Status: in_force

(a) (1) The sheriff has the authority, when the jail of the county is insufficient for the safekeeping of a prisoner, to convey the prisoner to the nearest sufficient jail in the state or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility in the state. (2) In all cases where it is shown to the committing court that the jail of the county in which the commitment should be made is insufficient for the safekeeping of the prisoner, the court may order commitment of the prisoner to the nearest sufficient county jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility. (3) In all cases where the jail in which a prisoner is confined becomes insufficient for any cause, any circuit, criminal, or general sessions judge, upon the application of the sheriff and proof of the fact, may order the prisoner to be removed to the nearest sufficient jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility. (b) (1) An order issued under this section shall be reviewed by the issuing court at least once every thirty (30) days. In conducting the review, the court shall determine whether the order needs to remain in place, be terminated, or be modified to place conditions on the order. In evaluating whether the order needs to remain in place, the court shall consider the jail or juvenile detention facilities' obligations relative to the use of restrictive housing. If the order is terminated, the prisoner shall be returned to the county jail or juvenile detention facility, as appropriate. (2) Nothing in this section authorizes a non-adjudicated juvenile, or a non-adjudicated juvenile who has been transferred to criminal court in accordance with title 37, chapter 1, to be committed or removed to the state penitentiary or a branch prison for safekeeping. (c) (1) Notwithstanding this section, if a prisoner is pregnant, beginning on the date on which pregnancy is confirmed by a healthcare professional and ending at the conclusion of postpartum recovery, the pregnant prisoner shall not be removed to a state penitentiary or a branch prison for safekeeping, unless medically necessary for the health of the prisoner or the unborn child. (2) "Postpartum recovery" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner's health care, following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome, and includes the entire period that the prisoner is in the hospital or infirmary, if applicable. Amended by 2022 Tenn. Acts, ch. 1017, s 1, eff. 5/11/2022. Amended by 2018 Tenn. Acts, ch. 1045, Secs.s 1, s 2eff. 5/21/2018. Code 1858, §§ 5402-5404 (deriv. Acts 1809 (Sept.), ch. 126, § 4; 1817, ch. 17, § 1); Shan., §§ 7380-7382; Code 1932, §§ 11989-11991; T.C.A. (orig. ed.), §§ 41-1123 -- 41-1125.
(a) (1) The sheriff has the authority, when the jail of the county is insufficient for the safekeeping of a prisoner, to convey the prisoner to the nearest sufficient jail in the state or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility in the state. (2) In all cases where it is shown to the committing court that the jail of the county in which the commitment should be made is insufficient for the safekeeping of the prisoner, the court may order commitment of the prisoner to the nearest sufficient county jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility. (3) In all cases where the jail in which a prisoner is confined becomes insufficient for any cause, any circuit, criminal, or general sessions judge, upon the application of the sheriff and proof of the fact, may order the prisoner to be removed to the nearest sufficient jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility.
(1) The sheriff has the authority, when the jail of the county is insufficient for the safekeeping of a prisoner, to convey the prisoner to the nearest sufficient jail in the state or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility in the state.
(2) In all cases where it is shown to the committing court that the jail of the county in which the commitment should be made is insufficient for the safekeeping of the prisoner, the court may order commitment of the prisoner to the nearest sufficient county jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility.
(3) In all cases where the jail in which a prisoner is confined becomes insufficient for any cause, any circuit, criminal, or general sessions judge, upon the application of the sheriff and proof of the fact, may order the prisoner to be removed to the nearest sufficient jail or, if the prisoner is a juvenile, to the nearest sufficient juvenile detention facility.
(b) (1) An order issued under this section shall be reviewed by the issuing court at least once every thirty (30) days. In conducting the review, the court shall determine whether the order needs to remain in place, be terminated, or be modified to place conditions on the order. In evaluating whether the order needs to remain in place, the court shall consider the jail or juvenile detention facilities' obligations relative to the use of restrictive housing. If the order is terminated, the prisoner shall be returned to the county jail or juvenile detention facility, as appropriate. (2) Nothing in this section authorizes a non-adjudicated juvenile, or a non-adjudicated juvenile who has been transferred to criminal court in accordance with title 37, chapter 1, to be committed or removed to the state penitentiary or a branch prison for safekeeping.
(1) An order issued under this section shall be reviewed by the issuing court at least once every thirty (30) days. In conducting the review, the court shall determine whether the order needs to remain in place, be terminated, or be modified to place conditions on the order. In evaluating whether the order needs to remain in place, the court shall consider the jail or juvenile detention facilities' obligations relative to the use of restrictive housing. If the order is terminated, the prisoner shall be returned to the county jail or juvenile detention facility, as appropriate.
(2) Nothing in this section authorizes a non-adjudicated juvenile, or a non-adjudicated juvenile who has been transferred to criminal court in accordance with title 37, chapter 1, to be committed or removed to the state penitentiary or a branch prison for safekeeping.
(c) (1) Notwithstanding this section, if a prisoner is pregnant, beginning on the date on which pregnancy is confirmed by a healthcare professional and ending at the conclusion of postpartum recovery, the pregnant prisoner shall not be removed to a state penitentiary or a branch prison for safekeeping, unless medically necessary for the health of the prisoner or the unborn child. (2) "Postpartum recovery" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner's health care, following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome, and includes the entire period that the prisoner is in the hospital or infirmary, if applicable.
(1) Notwithstanding this section, if a prisoner is pregnant, beginning on the date on which pregnancy is confirmed by a healthcare professional and ending at the conclusion of postpartum recovery, the pregnant prisoner shall not be removed to a state penitentiary or a branch prison for safekeeping, unless medically necessary for the health of the prisoner or the unborn child.
(2) "Postpartum recovery" means the six-week period, or longer as determined by the healthcare professional responsible for the prisoner's health care, following delivery, stillbirth, miscarriage, ectopic pregnancy, or other non-live birth outcome, and includes the entire period that the prisoner is in the hospital or infirmary, if applicable.
Amended by 2022 Tenn. Acts, ch. 1017, s 1, eff. 5/11/2022.
Amended by 2018 Tenn. Acts, ch. 1045, Secs.s 1, s 2eff. 5/21/2018.
Code 1858, §§ 5402-5404 (deriv. Acts 1809 (Sept.), ch. 126, § 4; 1817, ch. 17, § 1); Shan., §§ 7380-7382; Code 1932, §§ 11989-11991; T.C.A. (orig. ed.), §§ 41-1123 -- 41-1125.
Tenn. Code Ann. § 41-21-310 — TN Code / Title 41 / Chapter 21 / Section 41-21-310
Liability for escape en route
Status: in_force

The inmate, deputy and guard, in going from and to the penitentiary, and while remaining at the court, are respectively liable for an escape or attempt to escape under part 4 of this chapter, §§ 39-12-103 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , and title 39, chapter 16, part 6, in the same manner as they would have been if the inmate were in the penitentiary under their custody. Code 1858, § 5558; Shan., § 7580; Code 1932, § 12178; T.C.A. (orig. ed.), § 41-611; Acts 1996, ch. 675, § 41.
The inmate, deputy and guard, in going from and to the penitentiary, and while remaining at the court, are respectively liable for an escape or attempt to escape under part 4 of this chapter, §§ 39-12-103 , 39-13-304 , 39-16-201 , 39-16-402 , 39-16-403 , and title 39, chapter 16, part 6, in the same manner as they would have been if the inmate were in the penitentiary under their custody.
Code 1858, § 5558; Shan., § 7580; Code 1932, § 12178; T.C.A. (orig. ed.), § 41-611; Acts 1996, ch. 675, § 41.
Tenn. Code Ann. § 41-21-817 — TN Code / Title 41 / Chapter 21 / Section 41-21-817
Grievance resolution system
Status: in_force

(a) The department shall develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.S.C. § 1997e , and the department shall obtain certification under that section. A remedy provided by the grievance system is the exclusive administrative remedy available to an inmate for a claim for relief that arises while the inmate is housed in a facility operated by the department, other than a remedy provided by writ of habeas corpus challenging the validity of an action occurring before the delivery of the inmate to the department. (b) The grievance system must provide procedures for an inmate to identify evidence to substantiate the inmate's claim and for an inmate to receive copies of all formal written responses to the inmate's grievance. Acts 1996, ch. 913, § 1.
(a) The department shall develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under 42 U.S.C. § 1997e , and the department shall obtain certification under that section. A remedy provided by the grievance system is the exclusive administrative remedy available to an inmate for a claim for relief that arises while the inmate is housed in a facility operated by the department, other than a remedy provided by writ of habeas corpus challenging the validity of an action occurring before the delivery of the inmate to the department.
(b) The grievance system must provide procedures for an inmate to identify evidence to substantiate the inmate's claim and for an inmate to receive copies of all formal written responses to the inmate's grievance.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-2-119 — TN Code / Title 41 / Chapter 2 / Section 41-2-119
Board for state prisoners
Status: in_force

(a) The state shall pay for the board of state prisoners in accordance with chapter 8 of this title. (b) Within the time requirements of § 41-8-106 , the number of prisoners held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk. Acts 1891, ch. 123, § 11; Shan., § 7416; Code 1932, §12025; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §41-1227; Acts 1986, ch. 744, § 12.
(a) The state shall pay for the board of state prisoners in accordance with chapter 8 of this title.
(b) Within the time requirements of § 41-8-106 , the number of prisoners held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk.
Acts 1891, ch. 123, § 11; Shan., § 7416; Code 1932, §12025; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §41-1227; Acts 1986, ch. 744, § 12.
Tenn. Code Ann. § 41-1-109 — TN Code / Title 41 / Chapter 1 / Section 41-1-109
Repairs and improvements
Status: in_force

The warden may, with the consent and advice of the commissioner of correction, make repairs and improvements and build additional cells, as may be necessary, using for those purposes the labor of the inmates as far as practicable. Code 1858, § 5468; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7488; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12083; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-120.
The warden may, with the consent and advice of the commissioner of correction, make repairs and improvements and build additional cells, as may be necessary, using for those purposes the labor of the inmates as far as practicable.
Code 1858, § 5468; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7488; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12083; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-120.
Tenn. Code Ann. § 41-7-101 — TN Code / Title 41 / Chapter 7 / Section 41-7-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of control of the Tennessee corrections institute; (2) "Correctional personnel" means all correctional officers, dormitory supervisor counselors, both adult and juvenile, and chaplains employed in municipal, county and metropolitan jurisdictions; and (3) "Institute" means the Tennessee corrections institute. Acts 1974, ch. 733, § 1; T.C.A., § 41-2101; Acts 1984, ch. 938, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of control of the Tennessee corrections institute;
(2) "Correctional personnel" means all correctional officers, dormitory supervisor counselors, both adult and juvenile, and chaplains employed in municipal, county and metropolitan jurisdictions; and
(3) "Institute" means the Tennessee corrections institute.
Acts 1974, ch. 733, § 1; T.C.A., § 41-2101; Acts 1984, ch. 938, § 3.
Tenn. Code Ann. § 41-8-113 — TN Code / Title 41 / Chapter 8 / Section 41-8-113
Special account to be established
Status: in_force

There is authorized to be established in the general fund of the state treasury a special account for depositing available funds under this chapter and for disbursing those funds to the counties that qualify for grants or loans under this chapter; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner as is deemed appropriate. Acts 1981, ch. 491, § 13; T.C.A., § 41-10-113.
There is authorized to be established in the general fund of the state treasury a special account for depositing available funds under this chapter and for disbursing those funds to the counties that qualify for grants or loans under this chapter; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner as is deemed appropriate.
Acts 1981, ch. 491, § 13; T.C.A., § 41-10-113.
Tenn. Code Ann. § 41-22-106 — TN Code / Title 41 / Chapter 22 / Section 41-22-106
Unlawful sales of coal or coal products
Status: in_force

(a) It is unlawful for any coal or coal products mined or produced as a result of inmate labor from the state mines at Petros or any other state-owned property to be sold to anyone other than the state itself for its own consumption or to the political subdivisions of the state. It is further unlawful to ship any of the state coal or transport it from the state mines, except for the use of the state, its political subdivisions or for charitable purposes. (b) A violation of this section is a Class C misdemeanor. Acts 1937, ch. 104, §§ 2, 3; C. Supp. 1950, §§ 12201.1, 12201.2 (Williams, §§ 12201.2, 12201.3); T.C.A. (orig. ed.), §§ 41-406, 41-407; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any coal or coal products mined or produced as a result of inmate labor from the state mines at Petros or any other state-owned property to be sold to anyone other than the state itself for its own consumption or to the political subdivisions of the state. It is further unlawful to ship any of the state coal or transport it from the state mines, except for the use of the state, its political subdivisions or for charitable purposes.
(b) A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 104, §§ 2, 3; C. Supp. 1950, §§ 12201.1, 12201.2 (Williams, §§ 12201.2, 12201.3); T.C.A. (orig. ed.), §§ 41-406, 41-407; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 41-22-303 — TN Code / Title 41 / Chapter 22 / Section 41-22-303
Guarding of work parties
Status: in_force

The contract shall be made according to the following provisions and restrictions: (1) It is the duty of the sheriff of the county to select a guard for the inmates to guard them from the time they are removed from the county jail to be put to work until returned; (2) It is the duty of the county legislative body to furnish the guard with picks to be placed on each inmate during the time of their removal from the county jail and employment on the public roads, to prevent them under any circumstances from escaping, and the guard shall be responsible for the safe return of the inmates to the county jail; and (3) While guarding the inmates, the guard shall be clothed with the same authority, and the guard's duties and powers shall be the same, as pertain to sheriffs in the guarding of inmates. Acts 1899, ch. 358, § 2; Shan., § 1682a3; Code 1932, § 2816; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1303.
The contract shall be made according to the following provisions and restrictions:
(1) It is the duty of the sheriff of the county to select a guard for the inmates to guard them from the time they are removed from the county jail to be put to work until returned;
(2) It is the duty of the county legislative body to furnish the guard with picks to be placed on each inmate during the time of their removal from the county jail and employment on the public roads, to prevent them under any circumstances from escaping, and the guard shall be responsible for the safe return of the inmates to the county jail; and
(3) While guarding the inmates, the guard shall be clothed with the same authority, and the guard's duties and powers shall be the same, as pertain to sheriffs in the guarding of inmates.
Acts 1899, ch. 358, § 2; Shan., § 1682a3; Code 1932, § 2816; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1303.
Tenn. Code Ann. § 41-21-206 — TN Code / Title 41 / Chapter 21 / Section 41-21-206
Access to healthcare products for incarcerated women
Status: in_force

(a) As used in this section: (1) "Custodian" means the warden of a state correctional facility; (2) "Healthcare products" includes: (A) Feminine hygiene products; (B) Moisturizing soap that is not lye-based; (C) Toothbrushes; (D) Toothpaste; and (E) Any other healthcare product a custodian deems appropriate; and (3) "State correctional facility" means a state facility or state institution that houses an inmate population under the jurisdiction of the department. (b) A custodian shall make healthcare products available to all women incarcerated in a state correctional facility at no cost and in a quantity that is appropriate to the needs of the woman without a medical permit. Custodians shall not require that a woman be diagnosed with an illness to access healthcare products. Custodians shall make healthcare products available in housing units and in the medical area of a state correctional facility. (c) This section does not establish a minimum standard or otherwise create a private right of action concerning the products supplied to a person incarcerated in a state correctional facility. Added by 2019 Tenn. Acts, ch. 411,s 1, eff. 5/21/2019.
(a) As used in this section: (1) "Custodian" means the warden of a state correctional facility; (2) "Healthcare products" includes: (A) Feminine hygiene products; (B) Moisturizing soap that is not lye-based; (C) Toothbrushes; (D) Toothpaste; and (E) Any other healthcare product a custodian deems appropriate; and (3) "State correctional facility" means a state facility or state institution that houses an inmate population under the jurisdiction of the department.
(1) "Custodian" means the warden of a state correctional facility;
(2) "Healthcare products" includes: (A) Feminine hygiene products; (B) Moisturizing soap that is not lye-based; (C) Toothbrushes; (D) Toothpaste; and (E) Any other healthcare product a custodian deems appropriate; and
(A) Feminine hygiene products;
(B) Moisturizing soap that is not lye-based;
(C) Toothbrushes;
(D) Toothpaste; and
(E) Any other healthcare product a custodian deems appropriate; and
(3) "State correctional facility" means a state facility or state institution that houses an inmate population under the jurisdiction of the department.
(b) A custodian shall make healthcare products available to all women incarcerated in a state correctional facility at no cost and in a quantity that is appropriate to the needs of the woman without a medical permit. Custodians shall not require that a woman be diagnosed with an illness to access healthcare products. Custodians shall make healthcare products available in housing units and in the medical area of a state correctional facility.
(c) This section does not establish a minimum standard or otherwise create a private right of action concerning the products supplied to a person incarcerated in a state correctional facility.
Added by 2019 Tenn. Acts, ch. 411,s 1, eff. 5/21/2019.
Tenn. Code Ann. § 41-21-803 — TN Code / Title 41 / Chapter 21 / Section 41-21-803
Venue
Status: in_force

Except as otherwise provided by law, an action that accrued while the plaintiff inmate was housed in a facility operated by the department or in a facility operated by a private corporation pursuant to a contract with the state or local government shall be brought in the county in which the facility is located. Amended by 2015 Tenn. Acts, ch. 143,s 1, eff. 7/1/2015. Acts 1996, ch. 913, § 1.
Except as otherwise provided by law, an action that accrued while the plaintiff inmate was housed in a facility operated by the department or in a facility operated by a private corporation pursuant to a contract with the state or local government shall be brought in the county in which the facility is located.
Amended by 2015 Tenn. Acts, ch. 143,s 1, eff. 7/1/2015.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-23-201 — TN Code / Title 41 / Chapter 23 / Section 41-23-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Interstate Furlough Compact." Acts 1987, ch. 231, § 2.
This part shall be known and may be cited as the "Tennessee Interstate Furlough Compact."
Acts 1987, ch. 231, § 2.
Tenn. Code Ann. § 41-24-102 — TN Code / Title 41 / Chapter 24 / Section 41-24-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of correction; (2) "Correctional services" means the following functions, services and activities, when provided within a prison or otherwise: (A) Education, training and jobs programs; (B) Recreational, religious and other activities; (C) Development and implementation assistance for classification, management information systems, or other information systems or services; (D) Food services, commissary, medical services, transportation, sanitation or other ancillary services; (E) Counseling, special treatment programs, or other programs for special needs; (F) Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and (G) Operation of transitional facilities; (3) "Department" means the department of correction; (4) "Prison" or "facility" means any adult institution operated by or under the authority of the department; (5) "Prison contractor" or "contractor" means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department; (6) "TDOC liaison" means any person appointed by the commissioner to act as the commissioner's on-site designee so that powers and duties not delegable to the contractor shall be carried out with the authority of the state; and (7) "Transitional facility" means any adult institution operated by a nonprofit entity under the authority of the department providing short-term transitional services to offenders within one (1) year of release on parole or expiration of sentence, excluding offenders convicted of a sexual offense; provided, however, that the total number of such facilities statewide shall not exceed four (4), and that the total number of beds in such facilities statewide shall not exceed, collectively, one hundred fifty (150). Acts 1986, ch. 932, § 2; 2001, ch. 132, §§1, 2; 2010 , ch. 1041, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of correction;
(2) "Correctional services" means the following functions, services and activities, when provided within a prison or otherwise: (A) Education, training and jobs programs; (B) Recreational, religious and other activities; (C) Development and implementation assistance for classification, management information systems, or other information systems or services; (D) Food services, commissary, medical services, transportation, sanitation or other ancillary services; (E) Counseling, special treatment programs, or other programs for special needs; (F) Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and (G) Operation of transitional facilities;
(A) Education, training and jobs programs;
(B) Recreational, religious and other activities;
(C) Development and implementation assistance for classification, management information systems, or other information systems or services;
(D) Food services, commissary, medical services, transportation, sanitation or other ancillary services;
(E) Counseling, special treatment programs, or other programs for special needs;
(F) Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and
(G) Operation of transitional facilities;
(3) "Department" means the department of correction;
(4) "Prison" or "facility" means any adult institution operated by or under the authority of the department;
(5) "Prison contractor" or "contractor" means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department;
(6) "TDOC liaison" means any person appointed by the commissioner to act as the commissioner's on-site designee so that powers and duties not delegable to the contractor shall be carried out with the authority of the state; and
(7) "Transitional facility" means any adult institution operated by a nonprofit entity under the authority of the department providing short-term transitional services to offenders within one (1) year of release on parole or expiration of sentence, excluding offenders convicted of a sexual offense; provided, however, that the total number of such facilities statewide shall not exceed four (4), and that the total number of beds in such facilities statewide shall not exceed, collectively, one hundred fifty (150).
Acts 1986, ch. 932, § 2; 2001, ch. 132, §§1, 2; 2010 , ch. 1041, § 1.
Tenn. Code Ann. § 41-2-150 — TN Code / Title 41 / Chapter 2 / Section 41-2-150
Work programs - Participation required - Exceptions
Status: in_force

(a) Notwithstanding any other law to the contrary, except as provided in subsection (b), any person sentenced to the county workhouse or jail, either for a felony or misdemeanor conviction, in counties with programs whereby prisoners work either for pay or sentence reduction, or both, shall be required to participate in work programs during the period of the person's incarceration. Any prisoner who refuses to participate in those programs when work is available shall have any sentence reduction credits received pursuant to § 41-2-123 or § 41-2-146 reduced by two (2) days of credit for each one (1) day of refusal to work. Any prisoner who refuses to participate in the work programs who has not received any sentence reduction credits pursuant to § 41-2-123 or § 41-2-146 may be denied good time credit in accordance with § 41-2-111(b) and may also be denied any other privileges given to inmates in good standing for refusal to work. (b) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician or licensed medical professional, should not perform the labor for medical reasons. Acts 1997, ch. 112, § 1.
(a) Notwithstanding any other law to the contrary, except as provided in subsection (b), any person sentenced to the county workhouse or jail, either for a felony or misdemeanor conviction, in counties with programs whereby prisoners work either for pay or sentence reduction, or both, shall be required to participate in work programs during the period of the person's incarceration. Any prisoner who refuses to participate in those programs when work is available shall have any sentence reduction credits received pursuant to § 41-2-123 or § 41-2-146 reduced by two (2) days of credit for each one (1) day of refusal to work. Any prisoner who refuses to participate in the work programs who has not received any sentence reduction credits pursuant to § 41-2-123 or § 41-2-146 may be denied good time credit in accordance with § 41-2-111(b) and may also be denied any other privileges given to inmates in good standing for refusal to work.
(b) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse and those persons who, in the opinion of a licensed physician or licensed medical professional, should not perform the labor for medical reasons.
Acts 1997, ch. 112, § 1.
Tenn. Code Ann. § 41-21-811 — TN Code / Title 41 / Chapter 21 / Section 41-21-811
Dismissal of claim or portion of claim
Status: in_force

(a) The court may enter an order dismissing the entire claim or a portion of the claim. If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to the provisions of §§ 41-21-807 and 41-21-808 . (b) An order under this section is not subject to an interlocutory appeal by the inmate. Acts 1996, ch. 913, § 1.
(a) The court may enter an order dismissing the entire claim or a portion of the claim. If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to the provisions of §§ 41-21-807 and 41-21-808 .
(b) An order under this section is not subject to an interlocutory appeal by the inmate.
Acts 1996, ch. 913, § 1.
Tenn. Code Ann. § 41-22-204 — TN Code / Title 41 / Chapter 22 / Section 41-22-204
Special compensation for inmates
Status: in_force

The additional amount prescribed in § 41-22-203 shall be kept and reserved in a special fund for the use and benefit of the inmates so employed. This fund is to be reserved by the commissioner of correction and with the approval of the governor, to be used in making payments to deserving inmates, on a fair proportionate basis or to their dependents, in such sums and at such times as may be considered by the commissioner proper in order to reward good conduct, give the stimulus of hope to the inmates and best encourage them in discipline and efficiency. Acts 1981, ch. 378, § 1; T.C.A., § 41-504.
The additional amount prescribed in § 41-22-203 shall be kept and reserved in a special fund for the use and benefit of the inmates so employed. This fund is to be reserved by the commissioner of correction and with the approval of the governor, to be used in making payments to deserving inmates, on a fair proportionate basis or to their dependents, in such sums and at such times as may be considered by the commissioner proper in order to reward good conduct, give the stimulus of hope to the inmates and best encourage them in discipline and efficiency.
Acts 1981, ch. 378, § 1; T.C.A., § 41-504.
Tenn. Code Ann. § 41-1-505 — TN Code / Title 41 / Chapter 1 / Section 41-1-505
Selection and release of inmates by board - Powers of board
Status: in_force

(a) Upon receipt of the written directive transmitted by the governor pursuant to § 41-1-504(a)(1) and any restrictions that may be imposed by the governor, the board shall promptly select and release on supervised parole a sufficient number of inmates to comply with the directive of the governor. Upon the board's release of the inmates and the attainment of ninety percent (90%) of the relevant designated capacity, the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions pursuant to this subsection (a). It is the responsibility of the commissioner to announce the attainment of ninety percent (90%) of the relevant designated capacity to the board and the governor as soon as it occurs. (b) When acting pursuant to §§ 41-1-503 - 41-1-508, the board is empowered to: (1) Establish criteria by which prisoners shall be considered and selected for release; (2) Impose conditions or limitations upon the parole as it deems necessary; and (3) Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members. Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, §§ 60, 61.
(a) Upon receipt of the written directive transmitted by the governor pursuant to § 41-1-504(a)(1) and any restrictions that may be imposed by the governor, the board shall promptly select and release on supervised parole a sufficient number of inmates to comply with the directive of the governor. Upon the board's release of the inmates and the attainment of ninety percent (90%) of the relevant designated capacity, the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions pursuant to this subsection (a). It is the responsibility of the commissioner to announce the attainment of ninety percent (90%) of the relevant designated capacity to the board and the governor as soon as it occurs.
(b) When acting pursuant to §§ 41-1-503 - 41-1-508, the board is empowered to: (1) Establish criteria by which prisoners shall be considered and selected for release; (2) Impose conditions or limitations upon the parole as it deems necessary; and (3) Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members.
(1) Establish criteria by which prisoners shall be considered and selected for release;
(2) Impose conditions or limitations upon the parole as it deems necessary; and
(3) Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, §§ 60, 61.
Tenn. Code Ann. § 41-12-110 — TN Code / Title 41 / Chapter 12 / Section 41-12-110
Applicability of statutory requirements regarding jails and jailers
Status: in_force

The provisions of chapter 4 of this title concerning requirements applied to jails and jailers shall apply with regard to any jail owned or operated by the authority. Acts 2008, ch. 1092, § 11.
The provisions of chapter 4 of this title concerning requirements applied to jails and jailers shall apply with regard to any jail owned or operated by the authority.
Acts 2008, ch. 1092, § 11.
Tenn. Code Ann. § 41-1-409 — TN Code / Title 41 / Chapter 1 / Section 41-1-409
Construction of prison facilities
Status: in_force

If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the health or safety of the inmate occupants of the facility. The commissioner shall present the determinations to the state building commission, which shall approve or disapprove them. Acts 1983, ch. 467, § 9.
If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the health or safety of the inmate occupants of the facility. The commissioner shall present the determinations to the state building commission, which shall approve or disapprove them.
Acts 1983, ch. 467, § 9.
Tenn. Code Ann. § 41-22-122 — TN Code / Title 41 / Chapter 22 / Section 41-22-122
Catalogue of products
Status: in_force

(a) The TRICOR board shall cause to be prepared annually, at such times as it may determine, catalogues containing the description of all articles and supplies manufactured and produced by it pursuant to the provisions of §§ 41-22-118 - 41-22-124, copies of which catalogues shall be sent by it to all departments, institutions, agencies and political subdivisions of the state referred to in §§ 41-22-118 - 41-22-121. (b) At least thirty (30) days before the commencement of each fiscal year, the proper official of each department, institution, agency or political subdivision shall report to TRICOR estimates for the fiscal year of the kind and amount of articles and supplies required by them for the ensuing year, referring such estimates to the catalogue issued by the TRICOR board insofar as articles and supplies indicated are included in that catalogue. (c) The catalogue shall identify those articles and supplies that are certified pursuant to procedures approved by the procurement commission as required by § 41-22-119 . Acts 1937, ch. 278, § 5; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.5 (Williams, § 12209.10); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 23; T.C.A. (orig. ed.), § 41-424; Acts 1994, ch. 737, § 16; 1996, ch. 564, § 2; 2002, ch. 526, § 6; 2011, ch. 295, § 19.
(a) The TRICOR board shall cause to be prepared annually, at such times as it may determine, catalogues containing the description of all articles and supplies manufactured and produced by it pursuant to the provisions of §§ 41-22-118 - 41-22-124, copies of which catalogues shall be sent by it to all departments, institutions, agencies and political subdivisions of the state referred to in §§ 41-22-118 - 41-22-121.
(b) At least thirty (30) days before the commencement of each fiscal year, the proper official of each department, institution, agency or political subdivision shall report to TRICOR estimates for the fiscal year of the kind and amount of articles and supplies required by them for the ensuing year, referring such estimates to the catalogue issued by the TRICOR board insofar as articles and supplies indicated are included in that catalogue.
(c) The catalogue shall identify those articles and supplies that are certified pursuant to procedures approved by the procurement commission as required by § 41-22-119 .
Acts 1937, ch. 278, § 5; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.5 (Williams, § 12209.10); impl. am. Acts 1955, ch. 102, § 1; Acts 1981, ch. 332, § 23; T.C.A. (orig. ed.), § 41-424; Acts 1994, ch. 737, § 16; 1996, ch. 564, § 2; 2002, ch. 526, § 6; 2011, ch. 295, § 19.
Tenn. Code Ann. § 41-22-107 — TN Code / Title 41 / Chapter 22 / Section 41-22-107
Reports and settlement of mining accounts
Status: in_force

The mining engineer and other officials in charge of the mines, prisons and inmates shall make monthly reports to the commissioner of correction of all expenses, receipts and transactions connected with the mines, prisons and inmates. The commissioner shall make full and complete detailed reports of everything transpiring or connected with the state mines, prisons and inmates every three (3) months to the commissioner of revenue, and also make, at the same time, full settlements with the commissioner of revenue for all moneys received, or that should have been received, by the commissioner of correction and other state officials or agents connected with the state mines, prisons or inmates. Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7475; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12073; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-408.
The mining engineer and other officials in charge of the mines, prisons and inmates shall make monthly reports to the commissioner of correction of all expenses, receipts and transactions connected with the mines, prisons and inmates. The commissioner shall make full and complete detailed reports of everything transpiring or connected with the state mines, prisons and inmates every three (3) months to the commissioner of revenue, and also make, at the same time, full settlements with the commissioner of revenue for all moneys received, or that should have been received, by the commissioner of correction and other state officials or agents connected with the state mines, prisons or inmates.
Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7475; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12073; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-408.
Tenn. Code Ann. § 41-51-103 — TN Code / Title 41 / Chapter 51 / Section 41-51-103
Deceased inmates infected by bloodborne pathogens - Notice to handlers of body
Status: in_force

(a) Whenever any inmate committed to a state penal institution dies, and the inmate is known by health personnel of the department of correction to be infected by a bloodborne pathogen as defined in § 41-51-102(b) , the superintendent, director or warden of the state penal institution shall inform the person collecting the dead body and the funeral home to which the dead body is carried of the infectivity. Notice of infectivity shall be given before the dead body is removed from the state penal institution or the health care facility in which the inmate died. (b) This section does not authorize the release of confidential information to members of the public in violation of § 10-7-504 . For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential. Acts 1997, ch. 372, § 1.
(a) Whenever any inmate committed to a state penal institution dies, and the inmate is known by health personnel of the department of correction to be infected by a bloodborne pathogen as defined in § 41-51-102(b) , the superintendent, director or warden of the state penal institution shall inform the person collecting the dead body and the funeral home to which the dead body is carried of the infectivity. Notice of infectivity shall be given before the dead body is removed from the state penal institution or the health care facility in which the inmate died.
(b) This section does not authorize the release of confidential information to members of the public in violation of § 10-7-504 . For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential.
Acts 1997, ch. 372, § 1.
Tenn. Code Ann. § 41-2-109 — TN Code / Title 41 / Chapter 2 / Section 41-2-109
Care of prisoners
Status: in_force

It is the duty of the superintendent to: (1) Discharge each prisoner as soon as the prisoner's time is out, or upon order of the board of commissioners; (2) See that the prisoners are properly guarded to prevent escape; (3) See that they are kindly and humanely treated, and properly provided with clothing, wholesome food properly cooked and prepared for eating three (3) times a day when at work; (4) See that they are warmly and comfortably housed at night and in bad weather; (5) See that when sick they have proper medicine and medical treatment, and, in case of death, are decently buried; and (6) Keep the males separate from the females. Acts 1891, ch. 123, § 8; Shan., § 7411; Code 1932, § 12022; T.C.A. (orig. ed.), § 41-1217.
It is the duty of the superintendent to:
(1) Discharge each prisoner as soon as the prisoner's time is out, or upon order of the board of commissioners;
(2) See that the prisoners are properly guarded to prevent escape;
(3) See that they are kindly and humanely treated, and properly provided with clothing, wholesome food properly cooked and prepared for eating three (3) times a day when at work;
(4) See that they are warmly and comfortably housed at night and in bad weather;
(5) See that when sick they have proper medicine and medical treatment, and, in case of death, are decently buried; and
(6) Keep the males separate from the females.
Acts 1891, ch. 123, § 8; Shan., § 7411; Code 1932, § 12022; T.C.A. (orig. ed.), § 41-1217.
Tenn. Code Ann. § 41-24-105 — TN Code / Title 41 / Chapter 24 / Section 41-24-105
Performance criteria for contracts - Contract term and renewal - Comparison of performance - Reporting
Status: in_force

(a) Prior to the awarding of any contract to provide correctional services as defined in § 41-24-102(2)(F) , the state shall establish objective performance criteria and cost criteria for both the state and private contractor. The performance criteria shall measure the quality of management, security and safety, personnel training, inmate programs and treatment and other topics deemed appropriate. The performance criteria and cost criteria shall be established and incorporated as requirements in any proposed request for proposal and any contract and shall be used as the basis for any comparison between the state and any contractor. (b) For any contract to provide correctional services as defined in § 41-24-102(2)(F) , the initial contract term shall be for a period of three (3) years in order to allow the contractor sufficient time to demonstrate its performance and to provide sufficient information to allow a comparison of the performance of the contractor to the performance of the state in providing similar services; provided, however, to allow sufficient time for completion and review of any comparative evaluation, that the initial term may exceed three (3) years by a period of up to four (4) months as necessary to make the end of the initial term coincide with the state's fiscal year. The initial contract may include an option to renew for an additional period of two (2) years, subject to this section. The comparison or comparative evaluation between the state and private contractor shall not serve as the basis for contract renewal pursuant to subsection (c), but shall serve as a consideration. (c) After the first two (2) years of operation, but before renewing the initial contract, the performance of the contractor shall be compared to the performance of the state for similar services as set out in the contract. The contract may be renewed only if the contractor is providing essentially the same quality of services as the state at a cost of five percent (5%) lower than the state as set out in the contract, or if the contractor is providing services superior in quality to those provided by the state at essentially the same cost as set out in the contract. For the purposes of this subsection (c) and for comparison, "essentially the same" means the difference is no greater than five percent (5%). For the purpose of this section and comparison "superior" means a difference greater than five percent (5%). The methodology for determining the measurement of five percent (5%) differences shall also be set out in the request for proposal and contract. (d) The quality of services provided by the contractor and by the state shall be compared by a committee designated by the speakers of the senate and the house of representatives. The committee shall determine the quality of services provided by the contractor and the state by applying the performance criteria set out in the request for proposal and contract pursuant to subsection (a) and provide a numerical score for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed. (e) The fiscal review committee, or, in the absence of that committee, any other committee designated by the speakers of the senate and the house of representatives, shall compare the cost measures as established in this chapter and set out in the request for proposal and the contract for service and provide a prisoner per day cost for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed. (f) Notwithstanding any law to the contrary, a contract to provide correctional services as defined in § 41-24-102(2)(F) may be extended beyond the term specified in subsection (b) as determined necessary and appropriate by the commissioner for the purpose of evaluating the department's operational strategy for the use of the contract facility. Any such extension may be for a period not to exceed twelve (12) months. A contract amendment accomplishing such an extension shall require the approval of the authorities listed in § 41-24-104(a)(1) and the opportunity for review and comment by the entities listed in § 41-24-104(a)(2) . Acts 1986, ch. 932, § 5; 1991, ch. 176, §§ 3, 4; 2001, ch. 132, §7; 2006, ch. 883, §1; 2011 , ch. 410, §2(n); 2012 , ch. 936, § 1.
(a) Prior to the awarding of any contract to provide correctional services as defined in § 41-24-102(2)(F) , the state shall establish objective performance criteria and cost criteria for both the state and private contractor. The performance criteria shall measure the quality of management, security and safety, personnel training, inmate programs and treatment and other topics deemed appropriate. The performance criteria and cost criteria shall be established and incorporated as requirements in any proposed request for proposal and any contract and shall be used as the basis for any comparison between the state and any contractor.
(b) For any contract to provide correctional services as defined in § 41-24-102(2)(F) , the initial contract term shall be for a period of three (3) years in order to allow the contractor sufficient time to demonstrate its performance and to provide sufficient information to allow a comparison of the performance of the contractor to the performance of the state in providing similar services; provided, however, to allow sufficient time for completion and review of any comparative evaluation, that the initial term may exceed three (3) years by a period of up to four (4) months as necessary to make the end of the initial term coincide with the state's fiscal year. The initial contract may include an option to renew for an additional period of two (2) years, subject to this section. The comparison or comparative evaluation between the state and private contractor shall not serve as the basis for contract renewal pursuant to subsection (c), but shall serve as a consideration.
(c) After the first two (2) years of operation, but before renewing the initial contract, the performance of the contractor shall be compared to the performance of the state for similar services as set out in the contract. The contract may be renewed only if the contractor is providing essentially the same quality of services as the state at a cost of five percent (5%) lower than the state as set out in the contract, or if the contractor is providing services superior in quality to those provided by the state at essentially the same cost as set out in the contract. For the purposes of this subsection (c) and for comparison, "essentially the same" means the difference is no greater than five percent (5%). For the purpose of this section and comparison "superior" means a difference greater than five percent (5%). The methodology for determining the measurement of five percent (5%) differences shall also be set out in the request for proposal and contract.
(d) The quality of services provided by the contractor and by the state shall be compared by a committee designated by the speakers of the senate and the house of representatives. The committee shall determine the quality of services provided by the contractor and the state by applying the performance criteria set out in the request for proposal and contract pursuant to subsection (a) and provide a numerical score for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed.
(e) The fiscal review committee, or, in the absence of that committee, any other committee designated by the speakers of the senate and the house of representatives, shall compare the cost measures as established in this chapter and set out in the request for proposal and the contract for service and provide a prisoner per day cost for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed.
(f) Notwithstanding any law to the contrary, a contract to provide correctional services as defined in § 41-24-102(2)(F) may be extended beyond the term specified in subsection (b) as determined necessary and appropriate by the commissioner for the purpose of evaluating the department's operational strategy for the use of the contract facility. Any such extension may be for a period not to exceed twelve (12) months. A contract amendment accomplishing such an extension shall require the approval of the authorities listed in § 41-24-104(a)(1) and the opportunity for review and comment by the entities listed in § 41-24-104(a)(2) .
Acts 1986, ch. 932, § 5; 1991, ch. 176, §§ 3, 4; 2001, ch. 132, §7; 2006, ch. 883, §1; 2011 , ch. 410, §2(n); 2012 , ch. 936, § 1.
Tenn. Code Ann. § 41-3-106 — TN Code / Title 41 / Chapter 3 / Section 41-3-106
Inmate labor for private purposes - Travel restrictions
Status: in_force

(a) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may employ, require or otherwise use any inmate housed in the jail or workhouse to perform labor that will or may result directly or indirectly in the sheriff's, jailer's or other person's personal gain, profit or benefit or in gain, profit or benefit to a business partially or wholly owned by the sheriff, jailer or other person. This subsection (a) shall apply regardless of whether the inmate is or is not compensated for the labor. (b) (1) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse to perform any labor for the gain, profit or benefit of a private citizen or a for-profit corporation, partnership or other business unless the labor is part of a court-approved work release program or unless the work release program operates under a commission established pursuant to § 41-2-134 . (2) Inmates housed in a county or municipal jail or workhouse may voluntarily perform any labor on behalf of a charitable organization or a nonprofit corporation or a governmental entity. (c) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse to leave this state unless the travel is approved by the sentencing court or unless the inmate is in need of emergency medical treatment available only in another state or there is a death or medical emergency in the inmate's immediate family. (d) (1) Any sheriff, jailer or other person responsible for the custody of an inmate housed in a local facility who violates this section, upon a first conviction therefor, commits a misdemeanor and shall be punished by a fine equal to the value of the services received from the inmate or inmates and imprisonment for not less than thirty (30) days nor more than eleven (11) months and twenty-nine (29) days. Upon a second or subsequent conviction for a violation of this section, the sheriff, jailer or other person commits a felony and shall be punished by a fine of not less than the value of the services received from the inmate or inmates nor more than five thousand dollars ($5,000) and imprisonment for not less than one (1) nor more than five (5) years. If the person violating this section for the second or subsequent time is a public official, in addition to the punishment set out in this subdivision (d)(1), the person shall immediately forfeit the person's office and shall be forever barred from holding public office in this state. (2) Any private citizen, corporation, partnership or other business knowingly and willfully using inmate labor in violation of subsection (b) commits a Class A misdemeanor and, upon conviction, shall be punished by a fine of one thousand dollars ($1,000) and by imprisonment for not more than eleven (11) months and twenty-nine (29) days. Each day inmate labor is used in violation of subsection (b) constitutes a separate offense. Acts 1985, ch. 130, § 1; 1989, ch. 48, § 1; 1989, ch. 591, §§1, 6; 2004, ch. 636, § 1.
(a) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may employ, require or otherwise use any inmate housed in the jail or workhouse to perform labor that will or may result directly or indirectly in the sheriff's, jailer's or other person's personal gain, profit or benefit or in gain, profit or benefit to a business partially or wholly owned by the sheriff, jailer or other person. This subsection (a) shall apply regardless of whether the inmate is or is not compensated for the labor.
(b) (1) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse to perform any labor for the gain, profit or benefit of a private citizen or a for-profit corporation, partnership or other business unless the labor is part of a court-approved work release program or unless the work release program operates under a commission established pursuant to § 41-2-134 . (2) Inmates housed in a county or municipal jail or workhouse may voluntarily perform any labor on behalf of a charitable organization or a nonprofit corporation or a governmental entity.
(1) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse to perform any labor for the gain, profit or benefit of a private citizen or a for-profit corporation, partnership or other business unless the labor is part of a court-approved work release program or unless the work release program operates under a commission established pursuant to § 41-2-134 .
(2) Inmates housed in a county or municipal jail or workhouse may voluntarily perform any labor on behalf of a charitable organization or a nonprofit corporation or a governmental entity.
(c) No sheriff, jailer or other person responsible for the care and custody of inmates housed in a county or municipal jail or workhouse may permit any inmate housed in the jail or workhouse to leave this state unless the travel is approved by the sentencing court or unless the inmate is in need of emergency medical treatment available only in another state or there is a death or medical emergency in the inmate's immediate family.
(d) (1) Any sheriff, jailer or other person responsible for the custody of an inmate housed in a local facility who violates this section, upon a first conviction therefor, commits a misdemeanor and shall be punished by a fine equal to the value of the services received from the inmate or inmates and imprisonment for not less than thirty (30) days nor more than eleven (11) months and twenty-nine (29) days. Upon a second or subsequent conviction for a violation of this section, the sheriff, jailer or other person commits a felony and shall be punished by a fine of not less than the value of the services received from the inmate or inmates nor more than five thousand dollars ($5,000) and imprisonment for not less than one (1) nor more than five (5) years. If the person violating this section for the second or subsequent time is a public official, in addition to the punishment set out in this subdivision (d)(1), the person shall immediately forfeit the person's office and shall be forever barred from holding public office in this state. (2) Any private citizen, corporation, partnership or other business knowingly and willfully using inmate labor in violation of subsection (b) commits a Class A misdemeanor and, upon conviction, shall be punished by a fine of one thousand dollars ($1,000) and by imprisonment for not more than eleven (11) months and twenty-nine (29) days. Each day inmate labor is used in violation of subsection (b) constitutes a separate offense.
(1) Any sheriff, jailer or other person responsible for the custody of an inmate housed in a local facility who violates this section, upon a first conviction therefor, commits a misdemeanor and shall be punished by a fine equal to the value of the services received from the inmate or inmates and imprisonment for not less than thirty (30) days nor more than eleven (11) months and twenty-nine (29) days. Upon a second or subsequent conviction for a violation of this section, the sheriff, jailer or other person commits a felony and shall be punished by a fine of not less than the value of the services received from the inmate or inmates nor more than five thousand dollars ($5,000) and imprisonment for not less than one (1) nor more than five (5) years. If the person violating this section for the second or subsequent time is a public official, in addition to the punishment set out in this subdivision (d)(1), the person shall immediately forfeit the person's office and shall be forever barred from holding public office in this state.
(2) Any private citizen, corporation, partnership or other business knowingly and willfully using inmate labor in violation of subsection (b) commits a Class A misdemeanor and, upon conviction, shall be punished by a fine of one thousand dollars ($1,000) and by imprisonment for not more than eleven (11) months and twenty-nine (29) days. Each day inmate labor is used in violation of subsection (b) constitutes a separate offense.
Acts 1985, ch. 130, § 1; 1989, ch. 48, § 1; 1989, ch. 591, §§1, 6; 2004, ch. 636, § 1.