reglab/housing_qa huggingface dataset:
TN Code § 41-12-107 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-107. Entities Wishing to Become or Withdraw as Members of Authority — Requirements

   Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105.   Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate.     The governing body of any governmental entity wishing to become a member of an existing authority and the governing bodies of the governmental entities then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of the governmental entity, identifying the name, address and term of office of initial appointments to the expanded membership in accordance with § 41-12-106. The requirements of § 41-12-105 likewise apply to any action of the governing body.
TN Code § 41-12-108 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-108. Appointment of Executive Director — Duties

  The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority and who shall serve at the board's pleasure. The board shall enter into a contract with the executive director establishing the director's compensation and term of office.   The executive director is responsible for all personnel matters related to the authority, including, but not limited to, recruitment, discipline and compensation.    The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.   If the board has not acted on the budget by the first day of the fiscal year, the previous fiscal year's budget shall automatically go into effect and become the budget for the current fiscal year until the board acts on the budget for the current fiscal year.     The executive director shall also submit periodic reports to the board that it may direct.   The executive director shall attend all meetings of the board.
TN Code § 41-12-110 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-110. Applicability of Statutory Requirements Regarding Jails and Jailers

 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.
TN Code § 41-12-111 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-111. Power of Condemnation — Acquisition of Property — Location of Jail

  Subject to subsection (e), an authority has the power to condemn either the fee or any right, title, interest or easement in property that the board may deem necessary for any of the purposes authorized in this chapter, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of the property or interest; provided, that prior public use shall not be interfered with by this use.   The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.   All public agencies and commissions of the state, with the approval of the governor, are authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this chapter at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use.   Title to any property acquired by an authority created pursuant to this chapter shall be taken in the name of the authority.   No authority shall locate a jail in a governmental entity that is not a participating governmental entity in the authority unless the governing body of the nonparticipating governmental entity grants express consent to the location.
TN Code § 41-12-112 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-112. Powers of Creating or Participating Governmental Entities

 Any creating or participating governmental entity has all necessary powers in order to further the purposes of this chapter, including, but not limited to, the following, any or all of which powers may be exercised by resolution or ordinance of the governmental entity's governing body:   To advance, donate or lend money on real or personal property to the authority;   To provide that any funds on hand or to become available to the governmental entity for jail purposes shall be paid directly to the authority;   To sell, lease, dedicate, donate or otherwise convey to the authority any of the governmental entity's interest in any existing jail or other related property, or grant easements, licenses or other rights or privileges in the existing jail or other related property to the authority;   To enter into agreements with the authority with regard to the transfer of the governmental entity's employees to the authority with the retention by the employees of any accrued rights in pension, disability, hospitalization and death benefits; and   To permit the governmental entity's rights, duties and powers under the governmental entity's charter or the laws of the state to be performed or exercised by the authority.
TN Code § 41-12-113 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-113. Personnel Not to Benefit From Services or Sales — County Growth Plan — Carrying Weapons

  The commissioners, all appointed officers and all personnel employed by the board of commissioners of any regional jail authority under this chapter are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, related to services performed for the authority; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed in any facility owned or operated by the authority.   Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services and projects of an authority shall be consistent with the relevant county growth plan.   For purposes of lawfully carrying a weapon, any regional jail officer shall be permitted to carry a weapon to the same extent that a county or municipal jail officer or correction officer is permitted to carry a weapon.
TN Code § 41-12-114 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-114. Appointment of Superintendent — Control and Authority — Bond

  The authority is authorized to appoint a superintendent to administer any jails owned or operated by the authority. The superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to the facilities as the sheriffs have by law over the prisoners committed or transferred to their jails.   An authority created pursuant to this chapter may require the superintendent or jail officers, or both, to give bond in such penalty and with such security as the authority may prescribe, conditioned upon the faithful discharge of the duties of their offices.
TN Code § 41-12-116 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-116. Dissolution by Joint Certificate — Terms of Agreement

  Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution or ordinance, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid and that the governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.   Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution.
TN Code § 41-12-117 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-117. Additional and Supplemental Powers — Participation of Certain Entities

  The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law and are not in substitution for those powers, and the limitations imposed by this chapter shall not affect those powers.   The powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter.   Any metropolitan government or any home rule municipality authorized under this chapter to participate in a regional jail authority pursuant to this chapter may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
TN Code § 41-12-118 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-118. Policy of Competitive Bidding — Applicable Laws

  The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities.   An authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2.
TN Code § 41-12-119 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-119. Authority as Governing Body

 The authority shall be considered a governing body for purposes of the open meetings laws, compiled in title 8, chapter 44.
TN Code § 41-12-120 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-120. Authority as Governmental Entity

 The authority shall be considered a governmental entity for purposes of the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
TN Code § 41-12-121 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-121. Authority as Public Agency

 The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9.
TN Code § 41-12-122 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-122. Records Open to Public Inspection

 The records of the authority shall be open to public inspection in accordance with the open records laws, compiled in title 10, chapter 7, part 5.
TN Code § 41-12-123 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-123. Construction With Other Laws

 If any law or private act conflicts with this chapter, this chapter shall prevail.
TN Code § 41-12-124 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 12 - Regional Jail Authority Act|§ 41-12-124. Liberal Construction

 This chapter is remedial in nature and shall be liberally construed to effect its stated purposes and the powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter except as expressly provided in this chapter.
TN Code § 41-24-101 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-101. Short Title

 This chapter shall be known and may be cited as the “Private Prison Contracting Act of 1986.”
TN Code § 41-24-102 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Commissioner” means the commissioner of correction;   “Correctional services” means the following functions, services and activities, when provided within a prison or otherwise:  Education, training and jobs programs;   Recreational, religious and other activities;   Development and implementation assistance for classification, management information systems, or other information systems or services;   Food services, commissary, medical services, transportation, sanitation or other ancillary services;   Counseling, special treatment programs, or other programs for special needs;   Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and   Operation of transitional facilities;     “Department” means the department of correction;   “Prison” or “facility” means any adult institution operated by or under the authority of the department;   “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;   “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   “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).
TN Code § 41-24-103 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-103. Contracts for Correctional Services

  The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter.   Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§ 12-4-109 and 12-4-110 [See the Compiler’s Notes] and any additional requirements specified in this chapter.   A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates.   Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.   Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.
TN Code § 41-24-106 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-106. Standards of Security — Resumption of State Control on Termination of Contract

 Notwithstanding any other provision of this chapter to the contrary, prior to entering a contract for providing the security function for any prison, such as providing correctional officers or other persons providing security and control over inmates, the following requirements shall be met:   A plan shall be developed and certified by the governor that demonstrates the method by which the state would resume control of the prison upon contract termination. This plan shall be submitted for review and comment to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections and the committees shall solicit comments from law enforcement agencies, district attorneys general, and criminal judges in the county in which the prison is located and the surrounding counties. State officials responsible for approving any contract for the security function or any contract that includes provision of security are encouraged to await the comments of the state and local government committee of the senate and the state government committee of the house of representatives prior to executing any such contract; and   The commissioner shall certify to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections that the security procedures proposed by the contractor are equal or superior to the security procedures in effect at existing state-operated prisons and the commissioner shall comment on the relationship of the procedures proposed by the contractor to each standard of security and control specified in the standards for adult correctional institutions by the American Correctional Association.
TN Code § 41-24-107 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-107. Financial Information From Contractor — Insurance Requirements — Sovereign Immunity

  Notwithstanding any other provision of this chapter to the contrary, no contract for correctional services as defined in § 41-24-102(2)(F), shall be entered into unless the following requirements are met:  The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and   The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether:  The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;   The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;   The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and   The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.       The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
TN Code § 41-24-108 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-108. Application of Certain Criminal Laws to Contractor-Operated Facilities

 The provisions of title 39, chapter 16, including, without limitation, § 39-16-201 and §§ 39-16-605 — 39-16-608, shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.
TN Code § 41-24-109 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-109. Monitoring of Contractor Performance — Reports

 In addition to other powers and duties prescribed by law, the commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections or any other legislative committee regarding the performance of the contractor. The comptroller of the treasury shall audit the performance of the department of correction and the private contractor to ensure that the state is receiving the quality and level of services as described in the contract based upon the performance criteria, the monitoring process and any applicable sanctions that might be incurred. The comptroller shall report annually, or as otherwise requested, to the state and local government committee of the senate and the committee of the house of representatives having oversight over corrections.
TN Code § 41-24-110 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 24 - Private Prison Contracting Act of 1986|§ 41-24-110. Powers and Duties Not Delegable to Contractor

 No contract for correctional services shall authorize, allow or imply a delegation of the authority or responsibility of the commissioner to a prison contractor for any of the following:   Developing and implementing procedures for calculating inmate release and parole eligibility dates;   Developing and implementing procedures for calculating and awarding sentence credits;   Approving inmates for furlough and work release;   Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in that work; and   Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody; or taking any disciplinary actions.