reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-121 - Safekeeping of prisoners - Pregnant prisoners - Sufficient jails

(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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-122 - Guard for removal of prisoner

The sheriff is authorized to employ as many as two (2) persons, if necessary, in removing a prisoner under §
41-4-121
, and each shall be allowed for such services as is provided for similar services in conveying inmates to the penitentiary.
Code 1858, § 5405 (deriv. Acts 1835-1836, ch. 36, § 2); Shan., §7383; Code 1932, § 11992; T.C.A. (orig. ed.), § 41-1126.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-123 - Redelivery to place of trial

The prisoner shall be delivered to the sheriff or deputy sheriff of the county from which the prisoner has been sent, on demand made immediately preceding or during the term at which the prisoner is triable.
Code 1858, §5406; Shan., § 7384; Code 1932, § 11993; T.C.A. (orig. ed.), § 41-1127.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-124 - Allowance of expenses

When the court orders the prisoner to be carried to the jail of another county for safekeeping for want of a sufficient jail in the county where the case is pending, it may make a reasonable allowance to the sheriff and necessary guard, including expenses for conveying the prisoner to the jail so ordered by the judge.
Code 1858, § 5433 (deriv. Acts 1839-1840, ch. 103); Shan., § 7444; Code 1932, § 12052; T.C.A. (orig. ed.), § 41-1128.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-125 - Proof of costs

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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-126 - Allowance for additional guards

If the court directs the sheriff to summon more than two (2) guards in order to carry safely any prisoner charged with a crime from one county to another for trial or safekeeping, the commissioner of finance and administration shall allow the additional guards ordered by the court the same compensation that is allowed by law to the two (2) guards and give a warrant for that compensation to the sheriff.
Code 1858, § 5435 (deriv. Acts 1843-1844, ch. 69, § 1); Shan., §7446; Code 1932, § 12054; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12054; T.C.A. (orig. ed.), § 41-1130.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-127 - Transportation appropriations by counties having no jail

The county legislative bodies of counties that have no jail may appropriate a contingent fund in an amount sufficient to pay all contingent expenses in transporting prisoners to and from jail, the appropriation to be made from time to time, so that the sheriff may be able, at any time, upon application to the county trustee, to procure the money necessary, for which the sheriff shall execute a receipt, showing the amount received, which receipt shall clearly set forth for which prisoner the money is expended.
Acts 1870-1871, ch. 95, § 1; Shan., § 7388; Code 1932, § 11997; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1131.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-128 - Accounts of appropriated funds

It is the duty of the county trustee to keep a book in which the trustee keeps an account showing the amounts appropriated from time to time, and also to keep a correct account of all moneys drawn by the sheriff from the contingent fund.
Acts 1870-1871, ch. 95, § 2; Shan., § 7389; Code 1932, §11998; T.C.A. (orig. ed.), § 41-1132.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-129 - Accounts of sheriffs and jailers

Sheriffs and jailers shall make written statements of account, properly proven and sworn to, for the keeping of prisoners, specifying distinctly each item and the amount due for each item.
Code 1858, § 5430 (deriv. Acts 1823, ch. 51, § 1); Shan., §7441; mod. Code 1932, § 12050; T.C.A. (orig. ed.), § 41-1133.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-131 - Jailers' fees

(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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-132 - Sheriff's fees

The accounts of sheriffs for keeping prisoners in their respective jails charged with crime, for which the state may eventually become liable, shall be certified; provided, that the sheriffs having such bills shall first make oath as to the correctness of the bills before the clerk of the circuit or criminal court, who shall affix the clerk's certificate to the bills.
Acts 1887, ch. 242, § 1; Shan., § 7448; Code 1932, §12056; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, §12056; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, §3; modified T.C.A. (orig. ed.), § 41-1136; Acts 1983, ch. 418, §§ 2, 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-133 - Filing of sheriff's bills

The clerk of the court shall then file the bills of the sheriff, together with the affidavit of the sheriff, whose signature shall be certified in writing under seal of office as authentic by the clerk of the court on the face of the document, and then the sheriff or the clerk shall forward the bills to the proper authorities for payment.
Acts 1887, ch. 242, § 2; Shan., § 7449; Code 1932, §12057; modified T.C.A. (orig. ed.), § 41-1137; Acts 1983, ch. 418, §§4, 5; 1997 , ch. 113, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-134 - Compliance as prerequisite to payment

The commissioner of finance and administration shall not issue warrants for any accounts of sheriffs for boarding prisoners until the bill shows on its face compliance with all of the requirements of §§
41-4-131
- 41-4-133.
Acts 1887, ch. 242, § 3; Shan., § 7450; Code 1932, §12058; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12058; T.C.A. (orig. ed.), § 41-1138.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-135 - Refund to state of costs collected from defendant

If costs are afterward collected from the defendant or the defendant's sureties, they shall be turned over to the state treasurer by the clerk of the court as fines are remitted.
Acts 1887, ch. 242, § 4; Shan., § 7451; Code 1932, § 12059; T.C.A. (orig. ed.), § 41-1139.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-136 - Monthly audit of jailer's fees

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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-137 - Refund to county of fees collected from defendant

If, after the hearing of any case in any of the courts upon which the costs of jailer's fees or any part of the jailer's fees has been paid as provided in §
41-4-136
, any of the sum is collected from the defendant, the sum collected shall be placed in the county treasury to reimburse the county.
Acts 1870-1871, ch. 7, § 5; Shan., § 7452; Code 1932, §12061; T.C.A. (orig. ed.), § 41-1141.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-138 - Physical examination of prisoners

(a)
The sheriff of each county who is charged with the care and custody of prisoners is empowered to hire a female registered nurse and a male registered nurse who are authorized to make complete physical examinations of all persons committed to the custody of the sheriff for the purpose of preventing the spread of any contagious disease. The physical examinations may include the taking of blood tests and Pap smear tests and any other tests that are approved and recommended by the county health officer.
(b)
All females committed to the custody of the sheriff are to be examined only by the female registered nurse hired for that purpose and all males committed to the custody of the sheriff are to be examined by the male nurse hired for that purpose.
Acts 1969, ch. 178, §§ 1-3; T.C.A., § 41-1142.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-139 - State prisoners - Payment to county or municipality for keeping

(a)
Whenever the chief executive officer of any county penal farm certifies on or before the tenth day of each month to the judicial cost accountant the state prisoners kept in the institution and the number of days each was kept in the institution during the preceding month, the judicial cost accountant shall cause to be paid to the county the subsidy for that county as fixed by provisions of chapter 8 of this title and the contracts entered into pursuant thereto.
(b)
For the purposes of this section, "county penal farm" is construed to include city jails in those municipalities that have concurrent jurisdiction with general sessions courts over state misdemeanors. The municipality shall be compensated in the same manner and conditions as counties are compensated.
Acts 1970, ch. 520, § 1; 1972, ch. 534, § 1; 1976, ch. 828, § 1; 1977, ch. 404, § 4; T.C.A., § 41-1143; Acts 1984, ch. 896, § 6.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-141 - Interlocal agreements for joint operation of jails - Legislative intent - Allowable agreements

(a)
It is the intent of the general assembly to allow interlocal agreements where two (2) or more counties jointly operate a jail. The general assembly finds that regional jails would allow counties to save funds and lower their liability risks.
(b)
Nothing in this chapter or any other provision of general law shall be construed to prevent two (2) or more counties from entering into an interlocal agreement for the joint operation of a jail to serve the counties so agreeing.
(c)
An interlocal agreement may specify that:
(1)
One (1) county actually operates the facility, but all participating counties equally share policy and decision-making responsibilities;
(2)
Adjoining counties may contract with a single county to house their prisoners and relinquish their authority regarding policy and decision-making; or
(3)
Each participating county operates its own facility for pretrial inmates, but joins with other counties for post-conviction incarcerations.
Acts 1999, ch. 190, § 3; 2005, ch. 187, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-142 - Charging inmates for issued items

(a)
Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a fee, not to exceed the actual cost, for items issued to inmates upon each new admission to jail.
(b)
Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate committed to that jail or workhouse a nominal fee set by the legislative body at the time of adoption for the following special services, when provided at the inmate's request:
(1)
Participation in adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education for which the administering agency charges a fee for each test administered;
(2)
Escort by correctional officers to a hospital or other health care facility for the purpose of visiting an immediate family member who is a patient at the facility; or
(3)
Escort by correctional officers for the purpose of visiting a funeral home or church upon the death of an immediate family member.
(c)
A plan adopted pursuant to subsection (a) or (b) may authorize the jail or workhouse administrator to deduct the amount from the inmate's jail trust account or any other account or fund established by or for the benefit of the inmate while incarcerated. Nothing in this section shall be construed as authorizing a county or municipality to deny necessary clothing or hygiene items or to fail to provide the services specified in subsection (b) based on the inmate's inability to pay a fee or costs.
Amended by 2023 Tenn. Acts, ch. 114,s 10, eff. 7/1/2023.
Acts 1999, ch. 261, § 1; 2004, ch. 769, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-143 - Report on prisoners escaping from work details

The sheriff shall within thirty (30) days report to the county legislative body and to the department of correction the name of any prisoner who escapes while serving on a work detail and shall indicate whether the work detail on which the prisoner was serving was supervised or unsupervised.
Acts 1986, ch. 744, § 27; T.C.A. §
41-8-117
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-101 - Short title

This part shall be known and may be cited as the "Restitution Centers Act of 1976."
Acts 1976, ch. 818, § 1; T.C.A., § 41-2301.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-102 - Establishment authorized - Prerequisites to admission

(a)
The commissioner of correction is authorized to establish residential restitution centers for the purpose of allowing persons convicted of felony offenses and sentenced to the department of correction to reimburse the victim for the value of property stolen or for damages caused by the offenses.
(b)
The commissioner may promulgate rules and regulations necessary to administer the programs, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
A restitution center may be established inside or outside the bounds of the prison; provided, that the program shall be carried out using present facilities and administrative staff.
(d)
Before inmates are accepted into the program, they must enter into an agreement to abide by the rules, regulations and special conditions as set forth by the commissioner or the commissioner's designees.
Acts 1976, ch. 818, § 2; T.C.A., § 41-2302; Acts 1985 (1st Ex. Sess.), ch. 5, § 6.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-103 - Work outside center

The commissioner of correction may permit certain inmates to leave a residential restitution center during necessary and reasonable hours to engage in approved employment or practice legitimate self-employed occupations; provided, that the places of employment are located in this state and within daily commuting distance of the center.
Acts 1976, ch. 818, § 3; T.C.A., § 41-2303.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-104 - Domicile of inmates

Inmates assigned to restitution centers may be domiciled in correction detention facilities in any area of the state.
Acts 1976, ch. 818, § 4; T.C.A., § 41-2304.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-105 - Inmate earnings - Board charges

When inmates are employed pursuant to this part, the department shall require that inmates turn over wages and salaries when received. The money shall be deposited in trust accounts and ledgers shall be maintained reflecting the status of individual accounts. Each inmate shall be liable for reasonable charges for board as fixed by the commissioner of correction.
Acts 1976, ch. 818, § 5; T.C.A., § 41-2305.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-106 - Disbursement of earnings

After initial payment of board, the wages and salaries of inmates shall be disbursed for the following purposes in the order set forth:
(1)
Reimbursement to the victims of the offense in amounts and in the manner set forth in the contract executed between the inmate, the victim and the commissioner of correction;
(2)
Necessary travel expenses to and from work;
(3)
Support of dependents, if any, in amounts fixed by the department of correction;
(4)
Payment of any outstanding court costs assessed against the inmate;
(5)
Payment in full or ratably of obligations acknowledged in writing by the inmate; and
(6)
The balance, if any, to the inmate upon discharge from confinement.
Acts 1976, ch. 818, § 6; T.C.A., § 41-2306.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-107 - Approval of procedures for handling earnings

Procedure for the handling of all funds as set forth in this chapter shall be subject to review and approval by the comptroller of the treasury and the commissioner of finance and administration. The funds received by the state shall constitute departmental revenues.
Acts 1976, ch. 818, § 7; T.C.A., § 41-2307.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-108 - Failure to return

In the event inmates participating in restitution employment programs fail to return to the restitution centers within specified time limits, that failure shall constitute prima facie evidence of escape and shall be punished under the penalties imposed by the laws of this state.
Acts 1976, ch. 818, § 8; T.C.A., § 41-2308.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 1 - RESTITUTION CENTERS ACT OF 1976 (§§ 41-6-101 — 41-6-109) › Section 41-6-109 - Screening inmates

Participating inmates shall be carefully screened and the committing courts shall be consulted before an inmate is placed in the restitution program.
Acts 1976, ch. 818, § 9; T.C.A., § 41-2309.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-201 - Purpose

It is the purpose of this part to:
(1)
Authorize the commissioner of correction to establish demonstration-type projects involving inmate labor and private industry to be known as Tennessee restitution industries;
(2)
Authorize the commissioner to contract with private industry to lease state land, improvements and facilities at adult correction institutions for the establishment of restitution industries;
(3)
Provide for the employment of the inmates of the institution by private industries and the term of employment; and
(4)
Designate the uses to be made of deductions from wages earned by inmate employees.
Acts 1977, ch. 151, § 1; T.C.A., § 41-2401.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of correction;
(2)
"Department" means the department of correction;
(3)
"P.I.E. program" means a joint venture authorized by the TRICOR board as provided for in §
41-22-116(e)
for the employment of inmates by private industries;
(4)
"TRICOR" means the Tennessee rehabilitative initiative in correction board which institutes inmate programs described in §
41-22-402
; and
(5)
"TRICOR board" means the board created pursuant to §
41-22-404
with the authority to manage and operate TRICOR programs.
Acts 1977, ch. 151, § 2; T.C.A., § 41-2402; Acts 2010, ch. 796, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-203 - Scope of projects - Contracts with private enterprise - Inmate participation

(a)
The commissioner may establish and implement within the boundary of the present correctional facilities now established, or facilities that may be established in the future, certain demonstration-type projects involving the employment of inmates of the institutions by private industry. The projects shall also provide for the delivery of supportive services to inmates participating in the demonstration projects, including, but not limited to, training, education and counseling.
(b)
In establishing projects, the commissioner may enter into agreements, by contract, and subject to procedures to be approved by the procurement commission. Any construction required under any contract or agreement shall not be by the state of Tennessee, but shall be by private enterprise with any private enterprise pursuant to which such private enterprise may establish, by construction, lease or otherwise, facilities at the main facility for the purpose of carrying out industrial or other operations authorized in this part. Private corporations and their employees, excluding inmates, must be of good moral character.
(c)
The inmates' participation shall be on a voluntary basis.
Acts 1977, ch. 151, § 3; T.C.A., § 41-2403; Acts 2011, ch. 295, § 19.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-204 - Wages

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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-205 - Receipt by inmates - Rules and regulations - Unemployment compensation

(a)
Any inmate of any institution employed pursuant to this part shall be entitled to receive, after deductions authorized in §
41-6-206
or under any law, wages earned by the inmate in performing work. Wages shall be made available to the inmate at those times the commissioner may prescribe pursuant to regulation, but in no event later than at the time of the inmate's release, by parole or otherwise, from confinement in a state penal or correctional institution.
(b)
The employment of inmates shall be subject to the Workers' Compensation Law, compiled in title 50, chapter 6.
(c)
As a condition of employment, inmates shall waive all rights to be included in the unemployment compensation program of the state.
Acts 1977, ch. 151, § 5; T.C.A., § 41-2405.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-206 - Deductions

(a)
Any inmate employed pursuant to this part shall, in accordance with procedures established by the commissioner, pay from the wages received for work, and the commissioner may deduct from those wages, the following deductions, which shall not, in the aggregate, exceed eighty percent (80%) of gross wages and which shall be limited as follows:
(1)
Taxes, federal, state, local;
(2)
Reasonable charges for room and board, as determined by the commissioner;
(3)
Allocations for support of family pursuant to state statute, court order or agreement by the offender;
(4)
Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and
(5)
All remaining wages to the inmate's personal trust fund.
(b)
Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by regulations prescribe.
Acts 1977, ch. 151, § 6; T.C.A., § 41-2406; Acts 1991, ch. 78, § 4.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 2 - TENNESSEE RESTITUTION INDUSTRIES (§§ 41-6-201 — 41-6-207) › Section 41-6-207 - Leasing land and facilities to private enterprise

(a)
In administering this section, the commissioner, as a part of or in connection with any agreement made pursuant to §
41-6-203
, may make available by lease or otherwise, land, together with improvements on the land, located at the prison facility, but within the exterior boundary of any state adult correction institution, for use by the private party to the agreement to provide employment in accordance with this chapter.
(b)
(1)
The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements or facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission.
(2)
A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe.
Acts 1977, ch. 151, § 7; T.C.A., § 41-2407; Acts 2010, ch. 796, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 3 - INMATE-PRODUCED ARTS AND CRAFTS (§§ 41-6-301 — 41-6-303) › Section 41-6-301 - Purpose

It is the purpose of this part to:
(1)
Authorize the commissioner of correction to encourage the sale of inmate-produced arts and crafts items; and
(2)
Designate the uses to be made of deductions from income earned by those sales.
Acts 1997, ch. 336, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 3 - INMATE-PRODUCED ARTS AND CRAFTS (§§ 41-6-301 — 41-6-303) › Section 41-6-302 - Part definitions

As used in the part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of correction; and
(2)
"Department" means the department of correction.
Acts 1997, ch. 336, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 6 - RESTITUTION (§§ 41-6-101 — 41-6-303) › Part 3 - INMATE-PRODUCED ARTS AND CRAFTS (§§ 41-6-301 — 41-6-303) › Section 41-6-303 - Disposition of proceeds from inmate-produced items

(a)
Any inmate producing arts and crafts items for sale pursuant to this part shall, pursuant to policies established by the commissioner, pay from moneys received from sales, and the commissioner may deduct therefrom in the following order:
(1)
A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and §
40-24-107
, and thereafter to any state fund established by law to compensate victims of crime;
(2)
Room and board in an amount to be determined by the department;
(3)
A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and
(4)
All remaining funds to the inmate's personal trust account.
(b)
No inmate may accumulate more than five hundred dollars ($500) in the inmate's personal trust account from arts and crafts sold pursuant to this part. This five-hundred-dollar limitation shall be cumulative and shall remain in effect for as long as the inmate is incarcerated. If funds remain from the sale of arts and crafts after the inmate's five-hundred-dollar personal trust account limitation has been reached, the excess funds shall be distributed as provided in subdivisions (a)(1)-(3).
(c)
Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by policy prescribe.
Acts 1997 , ch. 336, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-101 - Chapter definitions

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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-102 - Institute created

(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.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-103 - Purposes and duties

The Tennessee corrections institute shall:
(1)
Train correctional personnel in the methods of delivering correctional services in municipal, county and metropolitan jurisdictions;
(2)
Evaluate correctional programs in municipal, county and metropolitan jurisdictions. At the request of the commissioner of correction, the institute may also evaluate state correctional programs;
(3)
Conduct studies and research in the area of corrections and criminal justice in order to make recommendations to the governor, the commissioner of correction and the general assembly; and
(4)
Inspect all local penal institutions, jails, workhouses or any other local correctional facility in accordance with §
41-4-140
.
Acts 1974, ch. 733, § 3; 1980, ch. 913, § 7; T.C.A., §41-2103; Acts 1984, ch. 938, §§ 4-7; 1996, ch. 1079, § 138.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-104 - Students eligible - Fees

(a)
In addition to correctional personnel from other jurisdictions within the state, students pursuing a degree with a major in any field within the area of criminal justice in a college or university of this state should also be eligible for enrollment and training at the institute, the same as if they were correctional personnel.
(b)
The institute may charge reasonable fees to cover costs of any food, lodging, instrumental materials, equipment or services furnished to trainees, as may be established by the board.
(c)
A fee of ten cents (10¢) shall be collected for each completed telephone call made by an inmate housed in a local jail or workhouse. Such fees shall be remitted by the telephone service provider to the state treasurer each quarter and credited to a special account in the state general fund designated as the local correctional officer training fund to be used exclusively to fund certification training provided through the institute for local correctional personnel within the state. The institute's board of control shall approve all expenditures from the fund. Funds deposited in the account shall not revert to the general fund at the end of any fiscal year. On or before February 1, 2013, and by February 1 of each subsequent year, the institute shall report to the chairs of the state and local government and finance, ways and means committees of the senate and the local government and finance, ways and means committees of the house of representatives on the fund's reserves and expenditures, which report shall include at least the following information for the prior calendar year:
(1)
The amount of available reserves;
(2)
The amount of expenditures made from the fund; and
(3)
The manner of making such expenditures.
Amended by 2013 Tenn. Acts, ch. 236, s 73, eff. 4/19/2013.
Acts 1974, ch. 733, § 6; T.C.A., § 41-2104; Acts 1984, ch. 938, §8; 2012 , ch. 972, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-105 - Board of control

(a)
The correctional services programs of the institute shall be under the direction of the board of control of the institute. The board of control shall consist of seven (7) members:
(1)
The governor or the governor's designee;
(2)
The commissioner of correction or the commissioner's designee;
(3)
The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall be appointed by the governor;
(4)
Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000);
(5)
A county mayor, who shall be appointed by the governor; and
(6)
A chief of police or a county commissioner, who shall be appointed by the governor.
(b)
The initial term of members of the board shall be three (3) years, beginning on October 1, 2012. Successors shall be appointed for terms of four (4) years. Members shall continue to serve until their successors are appointed. If a vacancy occurs, the governor shall appoint a successor for the unexpired term.
(c)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1974, ch. 733, § 4; 1976, ch. 806, § 1(34); T.C.A., §41-2105; Acts 2012 , ch. 986, § 10.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-106 - Powers of board

(a)
The board is authorized to enter into a contract or contracts with state, local, municipal, county or metropolitan correctional and criminal justice officials as may be necessary in order to carry out title 40, chapter 28, this chapter and chapter 21 of this title. In addition, the board has the power to contract with appropriate officials in other states who wish to utilize the services of the institute. The power to contract shall include the power to contract with public agencies or officials for enrolling trainees in general courses or establishing special courses and study projects designed to meet the needs of agencies or units of government.
(b)
The board is authorized to accept and expend local, federal or foundation funds, contributions or grants as may be received and allotted for the purposes of this chapter.
(c)
The board shall promulgate rules and regulations for the implementation and the effective operation of this chapter.
(d)
The board has the right and power to call on the office of the attorney general and reporter for any necessary legal representation or assistance.
(e)
The board may authorize its executive director or other official of the institute to execute contracts and take such other actions as it may specify from time to time.
(f)
The board is empowered to and shall establish criteria for determining whether to waive the minimum qualifications required to be a jail administrator, workhouse administrator, jailer, corrections officer, or guard in a county jail or workhouse, as provided in §
41-4-144
.
(g)
The board shall not grant waivers for any person hired as a jail administrator, workhouse administrator, jailer, corrections officer, or guard in any county jail or workhouse who has been dishonorably discharged from the military, has any mental impairment which affects the person's ability to perform any essential function of the job with or without a reasonable accommodation, has a conviction for domestic assault or a felony conviction.
(h)
The board's decision to grant waivers under subsection (f) shall be appealable to the chancery court.
(i)
The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement subsection (f).
Amended by 2013 Tenn. Acts, ch. 173, s 1, eff. 7/1/2013.
Acts 1974, ch. 733, § 5; 1976, ch. 386, § 1; 1979, ch. 133, § 1; T.C.A., §41-2106; Acts 1984, ch. 938, §9; 2012 , ch. 930, §1; 2012 , ch. 986, § 8.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-107 - Authority to acquire site and construct building - Interim facilities furnished by state universities

(a)
The state building commission is authorized and empowered to acquire a site or sites to construct a suitable building or buildings for conducting the programs of the institute. The commission may accept from any agency or department of state or local government a site or building by gift, donation or loan and in that event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of the facility.
(b)
Until a facility is constructed or acquired, the institute shall conduct its programs in facilities furnished by Tennessee State University or Middle Tennessee State University.
Acts 1974, ch. 733, § 8; T.C.A., § 41-2108.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-108 - Technical and programmatic assistance - Inspections

At the request of the commissioner of correction, the institute may provide the department of correction with technical and programmatic assistance, including inspections of state facilities. The institute shall provide the department with a report concerning the deficiencies or departures from standards found as the result of the inspection.
Acts 1984, ch. 938, § 10.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 7 - TENNESSEE CORRECTIONS INSTITUTE (§§ 41-7-101 — 41-7-109) › Section 41-7-109 - Executive director of the board

(a)
The board shall hire an executive director as its duly appointed representative to perform all administrative functions for the board. The person selected to become executive director must be approved by majority vote of the board prior to serving in the position.
(b)
The executive director is authorized to employ such personnel as may reasonably be required in accordance with the statutes and procedures administered by the departments of finance and administration and human resources; provided, that an offer of employment is contingent upon the results of a criminal history background check and investigation conducted as follows:
(1)
Immediately upon a prospective employee's acceptance of an offer of employment, the executive director or the director's designee, shall submit the prospective employee's name or names to the Tennessee bureau of investigation;
(2)
A prospective employee shall supply a fingerprint sample upon request, in the manner requested by the investigating entity; and
(3)
The Tennessee bureau of investigation, pursuant to §
38-6-109
, shall conduct a criminal history background check and investigation on a prospective employee as soon as practicable after the submission of the prospective employee's name or names by the executive director or the director's designee.
(c)
The Tennessee bureau of investigation may contract with the federal bureau of investigation, other law enforcement agencies, or any other legally authorized entity to assist in such criminal history background check and investigation.
(d)
The institute shall pay, as an operating expense, the cost of the criminal history background check.
(e)
The results of such a criminal history background check shall not be considered a record open to the public, pursuant to title 10, chapter 7, part 5.
Amended by 2019 Tenn. Acts, ch. 143,s 2, eff. 7/1/2019.
Amended by 2014 Tenn. Acts, ch. 584,s 1, eff. 3/28/2014.
Acts 2012, ch. 986, § 9.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-101 - Short title

This chapter shall be known and may be cited as the "County Correctional Incentives Act of 1981."
Acts 1981, ch. 491, § 1; T.C.A., §
41-10-101
.