reglab/housing_qa huggingface dataset:
TN Code § 41-21-801 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-801. Part Definitions

 As used in this part, unless the context otherwise requires:   “Claim” means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief;   “Commissioner” means the commissioner of correction;   “Department” means the department of correction;   “Inmate” means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government; and   “Trust account” means an inmate's trust account administered by the department or by a county jail.
TN Code § 41-21-802 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-802. Applicability

 This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.
TN Code § 41-21-803 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-803. Venue

 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.
TN Code § 41-21-804 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-804. Dismissal of Claim — Grounds — Factors for Determination — Poverty Hearings

  A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that:  The allegation of poverty in the inmate's affidavit is false; or   The claim is frivolous or malicious.     In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not:  The claim has a chance of success;   The claim has a basis in law and in fact; and   The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.     The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court.   On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing.
TN Code § 41-21-805 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-805. Affidavit of Inability to Pay — Requirements

  Any inmate who files a claim with an affidavit of inability to pay costs shall file a separate affidavit with the following information:  A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and   For each claim or action listed in subsection (a):  The operative facts for which relief was sought;   The case name, case number and court in which the suit or claim was filed;   The legal theory on which the relief sought was based;   The identification of each party named in the action; and   The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.       If the affidavit filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit must state the date of the final order affirming the dismissal.   The affidavit must be accompanied by a current certified copy of the inmate's trust account statement.
TN Code § 41-21-806 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-806. Claims Subject to Review by Grievance Committees

  An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the date the final decision was received by the inmate with a copy of the final decision from the grievance committee.   The court shall dismiss the claim if the inmate fails to file the claim before the thirty-first day after the date the inmate receives the final decision from the grievance committee.   If a claim is filed before the grievance procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed ninety (90) days to permit completion of the grievance procedure.
TN Code § 41-21-807 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-807. Accounting of Inmate Funds Required as Part of Civil Action — Payment of Fees — Frivolous or Malicious Claims

  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.    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:  Deposits to the inmate's account; or   Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.     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.   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.   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.     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.
TN Code § 41-21-808 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-808. Award of Costs — Requirement of Payment of Costs — Withdrawal From Inmate's Trust Account — Separate From Other Methods of Collection — Additional Payments

  Judgment may be rendered for costs at the conclusion of the suit, action, claim or appeal as in other proceedings. If the judgment against the inmate includes the payment of costs, the inmate shall be required to pay the full amount of costs ordered.   The clerk of the court shall mail a copy of the court's judgment taxing costs against the inmate to the department or county jail, as appropriate. On receipt of a copy of the judgment, the department or county jail shall withdraw funds from the inmate's trust account in the amounts provided by § 41-21-807(b) for the collection of filing fees and shall forward the collected funds to the clerk of the court until the costs are paid in full or the inmate is released from confinement.   This section establishes an additional method for collecting costs separate from an execution or garnishment under title 26. The provisions of title 26, chapter 2 relative to exemptions and garnishments shall not apply to collections made pursuant to this section. In addition to collecting costs under this section, the clerk of the court may pursue any other means of collection provided for by law.   An inmate may authorize payments to the clerk of the court in addition to those payments authorized by this section.
TN Code § 41-21-809 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-809. Hearings — Video Communications

 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.
TN Code § 41-21-810 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-810. Request for Documents — Affidavits to Be Under Oath

  The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or an affidavit stating the substance of the testimony. An affidavit submitted under this section must be made under oath. A person submitting an affidavit or document under this section is not required to appear at the hearing.   A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court may require.   The court shall provide the inmate a copy of each affidavit or document not later than twenty-four (24) hours before the time at which the hearing is to begin.
TN Code § 41-21-811 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-811. Dismissal of Claim or Portion of Claim

  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.   An order under this section is not subject to an interlocutory appeal by the inmate.
TN Code § 41-21-812 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-812. Filing of Subsequent Lawsuits Not Permitted Until Expenses Paid — Injunctive Relief

  Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full.   A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.
TN Code § 41-21-813 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-813. Inmate Questionnaires

 In order to implement this part, a court may develop for its use a questionnaire to be completed and filed by the inmate.
TN Code § 41-21-814 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-814. Part Not Modifiable or Repealable by Supreme Court

 Notwithstanding any provision of law to the contrary, this part may not be modified or repealed by any rule promulgated or adopted by the supreme court.
TN Code § 41-21-815 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-815. Claims for Preventive Relief

 This part does not authorize a claim for preventive relief against the department, an employee of the department or of any other agency, agent, employee or officer of this state if the claim is brought by a person housed in a facility operated by the department and the claim accrued while the person was housed in the facility.
TN Code § 41-21-816 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-816. Forfeit of Good Conduct Credits

  The commissioner shall forfeit an inmate's good conduct sentence reduction credits in the amount specified by subsection (b) on:  Receipt by the department of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a claim or lawsuit filed by an inmate while the inmate was in the custody of the department; and   A determination that the department has, on one (1) or more occasions, received a certified copy of a final order of a state or federal court dismissing as frivolous or malicious a claim or lawsuit filed previously by the inmate while the inmate was in the custody of the department.     On receipt of a final order described by subdivision (a)(1), the commissioner shall forfeit:  Sixty (60) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received one (1) final order described by subdivision (a)(2);   One hundred twenty (120) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received two (2) final orders described by subdivision (a)(2); or   One hundred eighty (180) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received three (3) final orders described by subdivision (a)(2).     The commissioner may not restore good conduct sentence reduction credits forfeited under this section for any reason.
TN Code § 41-21-817 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-817. Grievance Resolution System

  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.   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.
TN Code § 41-21-818 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 8 - Lawsuits by Inmates|§ 41-21-818. Administrative Procedures

 Notwithstanding any law to the contrary, the commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 41-21-901 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-901. Short Title

 This part shall be known and may be cited as the “Inmate Financial Responsibility Act of 1998.”
TN Code § 41-21-902 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-902. Part Definitions

 As used in this part, unless the context otherwise requires:   “Assets” means property, tangible or intangible, real or personal, belonging to or due an inmate or former inmate, including income or payments to the inmate from social security, workers' compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, insurance benefits or from any other source whatsoever, but does not include any of the following:  The homestead of the inmate;   Money received by the inmate from the state as settlement of a claim against the department by the inmate;   A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and   Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility;     “Commissioner” means the commissioner of correction or the commissioner's designee;   “Cost of care” means the cost to the department of correction for providing transportation, room, board, clothing, security, medical and other normal living expenses of inmates under the jurisdiction of the department, as determined by the commissioner of correction;   “Department” means the department of correction;   “Inmate” means any person who is confined in a correctional facility under the jurisdiction of the department;   “State” means the state of Tennessee; and   “State correctional facility” means a facility or institution that houses an inmate population under the jurisdiction of the department.
TN Code § 41-21-903 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-903. Inmate Asset Disclosure Form

  The department shall develop a form to be used by the department to obtain information from inmates regarding assets of the inmates.   Upon being developed, the form shall be submitted to each person who is an inmate as of June 28, 2010, and to any person who thereafter is sentenced to imprisonment under the jurisdiction of the department. The form shall be periodically resubmitted to an inmate by the department for purposes of obtaining current information regarding assets of the inmate. The department shall establish through rule the frequency with which such form shall be resubmitted.   Every inmate who is given a form by the department shall complete the form or provide for completion of the form, and the inmate shall swear or affirm under oath that to the best of the inmate's knowledge the information provided is complete and accurate.
TN Code § 41-21-904 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-904. Inmate Asset Report

 The department shall develop a report on each inmate who is required to complete a form in accordance with § 41-21-903, together with all other information available on the assets of the inmate and an estimate of the total cost of care for that inmate.
TN Code § 41-21-905 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-905. Investigation of Inmates' Assets — Action for Reimbursement of Costs of Incarceration

  The department shall investigate or cause to be investigated each report furnished pursuant to § 41-21-904.   If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate.   Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part.
TN Code § 41-21-906 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 41-21-906. Inmates Required to Cooperate — Lack of Cooperation Consideration in Parole Determination

  An inmate shall fully cooperate with the state by providing complete financial information for purposes under this part.   The failure of an inmate to fully cooperate as provided in subsection (a) may be considered by the board of parole for purposes of a parole determination.
TN Code § 41-21-908 (2021)
2021 Tennessee Code|Title 41 - Correctional Institutions and Inmates|Chapter 21 - Inmates|Part 9 - Inmate Financial Responsibility Act of 1998|§ 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

   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.   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.     To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver.   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.