reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-402 - Labor of inmates

The intent of the general assembly regarding the labor of inmates within the correctional system is as follows:
(1)
All inmates within the correctional system, except those designated by a judge, warden or medical personnel as being either too dangerous to society or physically unable, shall be required to perform some type of work. The general policy that all inmates be required to work should not be construed to apply to those inmates housed temporarily in classification centers;
(2)
Where possible, the labor should be directed toward projects such as the manufacture or production of building materials, the production of items that are of practical use to state and local governments, the production of as much food and clothing for use by the correctional system as possible or the construction, renovation or repair of prison facilities to the extent that security and inmate skills permit;
(3)
Inmates not engaged in work activities pursuant to subdivision (2) and who are determined to be acceptable security risks should be utilized to perform work that might not otherwise be performed for state and local governments or nonprofit or charitable organizations. The tasks would include land reclamation, repairing rural dams, maintaining drainage ditches, cleaning cemeteries, painting public buildings and schools or other such tasks. Unless a judge, warden or medical personnel has determined, either by reason of public safety or physical incapacity, that an inmate should not work, the commissioner has the discretion to determine which inmates are acceptable security risks to perform work projects outside of department of correction facilities or property;
(4)
Other departments of state government, particularly transportation and environment and conservation, shall cooperate with the department of correction in the utilization of inmate labor for projects within the departments that are of value, but because of a lack of funds or personnel, might not otherwise be performed. The commissioner of correction, with the advice of the appropriate department commissioner, has the authority to restrict the use of inmate labor in certain areas and at such times as the commissioner determines to be necessary for the public safety or convenience; and
(5)
In addition to the intent of the general assembly set out in this section regarding inmate labor at the various correctional institutions, educational opportunities, particularly those teaching the basic skills, should be available at all institutions except the classification centers.
Acts 1983, ch. 467, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-403 - Classification system

A sound classification system is necessary for an efficient and manageable correctional system. Because of its importance, the general assembly declares the following policy:
(1)
The classification system shall provide a meaningful case evaluation of each inmate prior to permanent placement and a continuing review and reclassification process throughout the inmate's period of incarceration;
(2)
The commissioner of correction has the discretion to determine the institutional location of inmates within the various security classifications; and
(3)
All information compiled by the department pertaining to an inmate shall be readily available to the entity having authority for the inmate's release.
Acts 1983, ch. 467, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-404 - Alternatives in sentencing

The general assembly finds that the following policy statements regarding the criminal justice system are of importance to the state correction system:
(1)
Trial judges are encouraged to use alternatives to incarceration as long as the alternatives include requirements of reparation or victim compensation; and
(2)
Trial judges shall be provided a presentence report with sufficient information to make a proper evaluation and disposition of a defendant.
Acts 1983, ch. 467, § 4.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-405 - Impact on local correction systems

The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their continuing role in the overall correction system of this state. The evaluation may be accomplished by a task force composed of all facets of the criminal justice system.
Acts 1983, ch. 467, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-406 - Early release procedure

There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits.
Acts 1983, ch. 467, § 6.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-407 - Training of correctional personnel

All state correctional personnel shall receive appropriate and adequate training in the particular skills and requirements of the duties of their job.
Acts 1983, ch. 467, § 7.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-408 - Medical care

(a)
The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel.
(b)
(1)
As used in this subsection (b):
(A)
"Hormone replacement therapy" means a medical approach that involves administering sex hormones and other hormonal medications with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;
(B)
"Psychotropic medication" means medication used for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification, or behavioral management purposes, as listed in the Physician's Desk Reference (PDR), or where there is a body of peer-reviewed medical literature supporting its use; and
(C)
"Sex reassignment surgery" means a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics existing at the person's birth.
(2)
(A)
Notwithstanding this title to the contrary, the department of correction shall not use state funds:
(i)
To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. This subdivision (b)(2)(A)(i) does not apply to state inmates receiving hormone replacement therapy prior to the effective date of this act; or
(ii)
For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.
(B)
Subdivision (b)(2)(A) does not prohibit the department from administering psychotropic medication to state inmates incarcerated in a state penitentiary or a county jail or workhouse if deemed necessary by trained medical personnel provided in accordance with subsection (a).
Amended by 2024 Tenn. Acts, ch. 821,s 1, eff. 4/29/2024.
Acts 1983, ch. 467, § 8.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-409 - Construction of prison facilities

If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the health or safety of the inmate occupants of the facility. The commissioner shall present the determinations to the state building commission, which shall approve or disapprove them.
Acts 1983, ch. 467, § 9.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-410 - Coordinated management philosophy

Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consistent with that intent, the department of correction should use sentence credits, educational opportunities, training, jobs and pay for inmates as coordinated parts of a consistent management philosophy.
Acts 1985 (1st Ex. Sess.), ch. 5, § 49; T.C.A. §
41-1-411
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-411 - Adding local facilities to corrections system

While adding local facilities may be beneficial for the total corrections system, careful consideration should be given both to the needs of the state and the needs of local governments. The state should commit to adding local facilities to meet state needs only when the facilities clearly appear to offer a more cost-effective alternative to adding state facilities over a reasonable period of time.
Acts 1985 (1st Ex. Sess.), ch. 5, § 50; T.C.A. §
41-1-412
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-412 - Development of offender reentry programs

(a)
The trial courts and the department of correction shall coordinate efforts to prepare offenders for reentry into society. To that end, it is the intent of the general assembly that validated risks/needs assessment instruments shall be used to develop offender reentry plans.
(b)
In preparing presentence reports in accordance with §
40-35-207
, the department of correction shall include information identifying the defendant's risks and needs as determined through the use of a validated assessment instrument, along with recommended treatment programs to address the risks and needs and enhance the defendant's opportunity for successful reentry into the community.
(c)
The department of correction shall develop an individual treatment/supervision plan for each offender in its custody or under its supervision to enhance the offender's opportunity for successful reentry into the community. The plan shall be developed using a validated instrument to evaluate the individual risks and needs of the offender.
Acts 2009, ch. 452, § 1; 2012, ch. 727, § 54.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-413 - Intermediate administrative sanctions to manage and assist probationers - Revocation of authority

(a)
When appropriate to better manage and assist probationers under their supervision, probation and parole officers employed by the department of correction shall have the authority to impose intermediate administrative sanctions, including, but not limited to, mandated participation in treatment programs designed to address an offender's risks and needs. The intermediate administrative sanctions shall be imposed in accordance with the treatment/supervision plan developed using a validated instrument to evaluate the individual risks and needs of the offender.
(b)
Trial courts may revoke the authority granted to probation and parole officers in subsection (a), by entering an order to that effect, in all cases for all defendants, in certain specified cases or for particular defendants.
Acts 2009, ch. 452, § 2; 2012, ch. 727, § 55.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-501 - Part definitions

(a)
As used in this part, unless the context otherwise requires:
(1)
"Board" means the board of parole;
(2)
"Commissioner" means the commissioner of correction;
(3)
"Designated capacity" means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner;
(4)
"In-house population" means the total number of adult male or female inmates physically present within all state correctional facilities on a given day;
(5)
"Parole" means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority;
(6)
"Prisoner" means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years; and
(7)
"Relevant designated capacity" means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity."
(b)
For purposes of this part, and with reference to prisoners sentenced for offenses occurring prior to July 1, 1982, references to release eligibility dates are deemed references to a prisoner's earliest release date.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 58; 1998, ch. 1049, § 55.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-502 - Report to general assembly on designated capacities and in-house populations - Construction of part

(a)
On February 1 of each year, or on more frequent occasions during periods of construction or when there is a change in designated capacity, the commissioner shall inform the speakers of the senate and house of representatives, the chairs of the judiciary and state and local government committees of the senate, and the chairs of the criminal justice and state government committees of the house of representatives as to the relevant designated capacity and in-house population of all adult male and all adult female correctional facilities administered by the department and the reasons for any changes in the designated capacities.
(b)
Nothing in this part shall be construed to affect the authority of the general assembly to appropriate funds for the construction, renovation or alteration of correctional facilities administered by the department.
(c)
Nothing in this part shall be construed to affect the authority of the state building commission to review, approve and oversee projects relating to the construction, renovation or alteration of correctional facilities administered by the department.
Amended by 2021 Tenn. Acts, ch. 64, s 53, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 62, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 85, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-503 - Certification of excess population - Declaration of prison overcrowding emergency

(a)
When the commissioner determines that the in-house population has for thirty (30) consecutive days exceeded ninety-five percent (95%) of the relevant designated capacity, or has reasonable grounds to believe that within thirty (30) days the in-house population will, for at least thirty (30) consecutive days, exceed ninety-five percent (95%) of the relevant designated capacity, the commissioner shall so certify to the governor.
(b)
Upon receiving the certification from the commissioner, the governor may declare that a state of overcrowding emergency exists. If the governor so declares, the governor shall immediately notify the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter that a state of prison overcrowding exists and the approximate number of inmates in the system that is in excess of ninety percent (90%) of the relevant designated capacity.
Amended by 2021 Tenn. Acts, ch. 64, s 54, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 63, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 2011 , ch. 410, § 2(b).
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-504 - Governor's powers to reduce overcrowding

(a)
Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding:
(1)
Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse;
(2)
Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods.
(b)
The directive of the governor invoking the power granted pursuant to subdivision (a)(1) shall include the approximate number of inmates who must be released to reach ninety percent (90%) of the relevant designated capacity as well as any restrictions the governor may wish to impose regarding which inmates or types of inmates are not eligible for release and may not be considered by the board. There shall be no limits on the number or types of restrictions the governor may impose on early release eligibility as long as a sufficient number of inmates are eligible for consideration to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity.
(c)
Notwithstanding this section to the contrary, the governor does not have the authority to make inmates who have been convicted of a second or subsequent violation of §
39-13-502
or §
39-13-503
eligible for release under this part, nor shall the board have the authority to consider these inmates.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 59; 1991, ch. 204, § 2; 1993, ch. 209, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-505 - Selection and release of inmates by board - Powers of board

(a)
Upon receipt of the written directive transmitted by the governor pursuant to §
41-1-504(a)(1)
and any restrictions that may be imposed by the governor, the board shall promptly select and release on supervised parole a sufficient number of inmates to comply with the directive of the governor. Upon the board's release of the inmates and the attainment of ninety percent (90%) of the relevant designated capacity, the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions pursuant to this subsection (a). It is the responsibility of the commissioner to announce the attainment of ninety percent (90%) of the relevant designated capacity to the board and the governor as soon as it occurs.
(b)
When acting pursuant to §§
41-1-503
- 41-1-508, the board is empowered to:
(1)
Establish criteria by which prisoners shall be considered and selected for release;
(2)
Impose conditions or limitations upon the parole as it deems necessary; and
(3)
Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, §§ 60, 61.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-506 - Delayed commitment of felons to department of correction

(a)
The directive invoking the power granted pursuant to §
41-1-504(a)(2)
shall include any conditions the governor may wish to impose as to which inmates or types of inmates will immediately be accepted by the department of correction or which inmates or types of inmates will be subject to the delayed intake directive, or both. The commissioner shall transmit any conditions imposed by the governor to the judges and sheriffs in the notification that intake to the department has been delayed.
(b)
Notwithstanding this part, the governor shall not have the authority to direct that the commitment of an inmate be delayed any longer than six (6) months from the date of sentencing or the date of the final judgment of the highest state appellate court to which an appeal is taken, whichever date is later.
(c)
During times in which the power to delay the intake of inmates is invoked pursuant to this part, a judge may order the sheriff to take the inmate into local custody to await removal to the department in accordance with this part.
(d)
Any delay in the commitment of an inmate to the department as authorized by this part shall not affect the finality of the trial court's sentencing order for appellate purposes. During the authorized delay, the trial court shall retain full authority to change the sentence imposed in any manner.
(e)
Notwithstanding any other law to the contrary, during the time that the power of restricted intake has been invoked pursuant to §
41-1-504(a)(2)
, no sheriff may convey an inmate to the department unless authorized to do so by this section. No sheriff shall be deemed to have violated any duty of office by not conveying the inmate when notified to do so.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1996, ch. 675, § 39.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-507 - Governor's report to legislative committees and attorney general and reporter

(a)
Each month or part of a month that a state of prison overcrowding exists that results in the invocation of powers authorized by this part, the governor shall transmit to the state and local government committee of the senate, the state government committee of the house of representatives, and the attorney general and reporter the following information on any inmates who were granted early parole or whose commitment was delayed:
(1)
The number of inmates in each category;
(2)
The distribution of offenses for which inmates in each category were convicted;
(3)
The length of sentences of inmates in each category;
(4)
The amount of time served by inmates granted early parole;
(5)
The amount of time inmates granted early parole were released prior to regular parole eligibility or release classification dates; and
(6)
Any other information concerning early releases on parole or delayed commitments that may be requested by the state and local government committee of the senate and the state government committee of the house of representatives.
(b)
Within thirty (30) days of the end of a state of prison overcrowding emergency, the governor shall also transmit a summary of the information listed in this section to the officials listed in this section. The summary shall be applicable to all inmates granted early parole or whose commitment was delayed during the most recent state of prison overcrowding emergency.
(c)
The commissioner shall report to the state and local government committee of the senate and the state government committee of the house of representatives the number of early releases by primary offense whenever inmates are granted early parole under this part.
Amended by 2021 Tenn. Acts, ch. 64, s 55, eff. 3/29/2021.
Amended by 2020 Tenn. Acts, ch. 711, s 6, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 64, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, §§ 19, 51; 1998, ch. 1049, § 55; 2011 , ch. 410, § 2(c); 2012 , ch. 925, §§ 1, 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-508 - Release eligibility dates for felons in local institutions

(a)
The percentage reduction of release eligibility dates required under §§
41-1-503
- 41-1-507 shall likewise apply to all felony offenders serving sentences of one (1) or more years in local jails and workhouses.
(b)
Offenders made eligible for parole consideration by subsection (a) may be considered and released on supervised parole by the board.
(c)
Upon attainment of ninety percent (90%) of the relevant designated capacity of the state correctional facilities, the release eligibility dates of all such felony offenders remaining in local jails and workhouses shall automatically revert to the dates in existence prior to their reductions under this section.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 62.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-509 - Transfers of inmates

During any period in which reductions of release eligibility dates are authorized by §§
41-1-503
- 41-1-507, the department of correction shall make every effort consistent with its classification policies to reduce overcrowding in particular institutions through transfers of inmates to other institutions.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 5 - REDUCTION OF PRISON OVERCROWDING (§§ 41-1-501 — 41-1-510) › Section 41-1-510 - Participation in time reduction programs

Notwithstanding any other law to the contrary, all prisoners sentenced to the department of correction whose commitments are delayed pursuant to this part or pursuant to the order of a federal court, and who are being held by the county pending the commitment, may, at the discretion of the sheriff or superintendent, participate in appropriate academic, vocational and work-related programs that are available to persons sentenced to local jails or workhouses, and may be awarded time reduction credits as authorized by chapter 2 of this title for participation in the programs.
Acts 1988, ch. 571, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 6 - DEVELOPMENT DISTRICT CORRECTION ACT (§§ 41-1-601 — 41-1-605) › Section 41-1-601 - Short title

This part shall be known and may be cited as the "Development District Correction Act."
Acts 1989, ch. 484, § 1; T.C.A. § 41-1-701.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 6 - DEVELOPMENT DISTRICT CORRECTION ACT (§§ 41-1-601 — 41-1-605) › Section 41-1-602 - Establishment

(a)
The commissioner of correction is authorized to designate certain institutions as regional state workhouses that may be operated by the department of correction to house prisoners sentenced to confinement for six (6) years or less.
(b)
Regional state workhouses may be established in one (1) or more development districts created pursuant to title 13, chapter 14.
(c)
The institutions shall be sufficiently secure to prevent the unauthorized absence by prisoners in the institutions.
(d)
Suitable living quarters shall be maintained and, where possible, the department should provide transportation to jobs and to vocational, educational or other programs in the community.
Acts 1989, ch. 484, § 2; T.C.A. § 41-1-702.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 6 - DEVELOPMENT DISTRICT CORRECTION ACT (§§ 41-1-601 — 41-1-605) › Section 41-1-603 - Designation of judicial districts - Maximum number of inmates

(a)
The commissioner of correction may designate the judicial district or districts from which each regional workhouse may accept commitments.
(b)
The commissioner may further determine the number of inmates each institution may adequately house and may prorate the number among those judicial districts served by the institution. This prorated number shall be the maximum number of inmates committed from a given judicial district who may, without the commissioner's express approval, be housed in the institution at any one (1) time.
Acts 1989, ch. 484, § 3; T.C.A. § 41-1-703.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 6 - DEVELOPMENT DISTRICT CORRECTION ACT (§§ 41-1-601 — 41-1-605) › Section 41-1-604 - Advisory board

The sheriff or sheriffs and district attorney general or district attorneys general or their designees of judicial districts designated in §
41-1-603
shall form an advisory board to periodically review the management and operation of the regional workhouses and to make recommendations to the commissioner relative to the management and operation of the facilities.
Acts 1989, ch. 484, § 4; T.C.A. § 41-1-704.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 6 - DEVELOPMENT DISTRICT CORRECTION ACT (§§ 41-1-601 — 41-1-605) › Section 41-1-605 - Manner of service of sentence - Application to alter

(a)
Confinement in a regional workhouse shall be considered a sentence to the department; provided, that the court shall retain full jurisdiction over the defendant during the term of the sentence and may modify or reduce the sentence or may place the defendant on probation supervision where otherwise eligible.
(b)
Following the first application, applications to alter the manner of the service of the sentence may be made at no less than three (3) month intervals.
Acts 1989, ch. 484, § 5; T.C.A. § 41-1-705.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-101 - Workhouses authorized

(a)
The counties, through their county legislative bodies, are authorized and empowered to establish, construct and maintain portable, movable or stationary workhouses, as the legislative bodies may, in their discretion and wisdom, deem advisable for the best interest of the county. Prisoners receiving workhouse sentences by the circuit or criminal court of the county shall be sentenced to the workhouse as may be provided by the county legislative body.
(b)
The county legislative body may provide the lands, buildings and articles of any kind as may be necessary for a workhouse for the county.
(c)
The counties shall have the authority under subsection (a), this subsection (c) and §
41-2-103
to establish, construct and maintain portable or moving workhouses for the convenience of working prisoners upon the public highways and in working out their sentences in any labor assigned them.
Acts 1891, ch. 123, § 1; Acts 1907, ch. 445, §§ 1, 2; Shan., §§ 7398, 7399a1, 7399a2; Code 1932, §§ 12004, 12009, 12010; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 41-1201, 41-1203, 41-1204.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-102 - Jail as workhouse

Any county not having provided a separate workhouse may, through its county legislative body, declare its jail to be a workhouse, if the jail is, in the opinion of the members of the county legislative body, of sufficient capacity and suitable for the purpose. From and after the declaration the jail shall be known as, and shall be, the county workhouse, and the county shall have thereafter the benefit of all laws in the state applying to workhouses.
Acts 1891, ch. 123, § 2; Shan., § 7399; Code 1932, §12005; impl. am. Acts 1978, ch. 934, §§ 36, 37; impl. am. Acts 1979, ch. 69, §1; T.C.A. (orig. ed.), § 41-1202.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-103 - Sentence to county workhouse

It is the duty of the judges of the circuit or criminal courts, whenever prisoners are convicted of any offense for which they are confined in the workhouse, to sentence the prisoners to the workhouse of the county, portable, movable or stationary, as may be provided and established in the county.
Acts 1907, ch. 445, § 3; Shan., § 7399a3; Code 1932, § 12011; T.C.A. (orig. ed.), § 41-1205.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-105 - Labor prescribed for prisoners

The board of workhouse commissioners shall prescribe the kind of labor at which the prisoners shall be put; provided, that when practicable, they shall be worked on the county roads in preference to all other kinds of labor.
Acts 1891, ch. 123, § 5; Shan., § 7405; Code 1932, § 12016; T.C.A. (orig. ed.), § 41-1212.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-106 - Quarterly audit

The board of workhouse commissioners shall, at the close of each quarter, at least two (2) days before the meeting of the county legislative body, submit the book kept by the superintendent and the minute book of the board to the county mayor, for settlement and comparison with the audited account kept in the county mayor's office; and, if found correct, the county mayor shall endorse on the books "examined and approved" and sign the books officially.
Acts 1891, ch. 123, § 6; Shan., § 7407; Code 1932, §12018; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §41-1213; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-107 - Workhouse superintendents

(a)
(1)
The board of commissioners shall appoint a superintendent of the workhouse.
(2)
The superintendent shall be appointed on the first Monday in January of every even-numbered year, and hold office for two (2) years, unless sooner suspended or removed, as provided in §
41-2-104(d)
.
(b)
The superintendent shall take an oath, and give bond for the faithful discharge of the superintendent's duty, with two (2) or more approved sureties, or an approved surety company, in the sum of one thousand dollars ($1,000), payable to the state for the use of the county, before the county mayor, which oath and bond shall be filed with the county clerk, and record of the oath and bond made on the minutes of the county legislative body.
(c)
The salary of the superintendent shall be fixed by the commissioners and shall be paid quarterly on the warrant of the county mayor.
Acts 1891, ch. 123, § 7; Shan., §§ 7409, 7410; mod. Code 1932, §§ 12020, 12021; modified; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), §§41-1214, 41-1216; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-108 - Sheriff as superintendent

Whenever the jail in any county has been declared a workhouse, as provided in §
41-2-102
, the sheriff shall be ex officio the superintendent of the workhouse. All persons liable to imprisonment for safekeeping, whether charged with felonies or misdemeanors, shall be confined in the workhouse, securely kept and properly cared for.
Acts 1891, ch. 123, §§ 10, 11; Shan., § 7415; mod. Code 1932, § 12024; T.C.A. (orig. ed.), § 41-1215.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-109 - Care of prisoners

It is the duty of the superintendent to:
(1)
Discharge each prisoner as soon as the prisoner's time is out, or upon order of the board of commissioners;
(2)
See that the prisoners are properly guarded to prevent escape;
(3)
See that they are kindly and humanely treated, and properly provided with clothing, wholesome food properly cooked and prepared for eating three (3) times a day when at work;
(4)
See that they are warmly and comfortably housed at night and in bad weather;
(5)
See that when sick they have proper medicine and medical treatment, and, in case of death, are decently buried; and
(6)
Keep the males separate from the females.
Acts 1891, ch. 123, § 8; Shan., § 7411; Code 1932, § 12022; T.C.A. (orig. ed.), § 41-1217.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-110 - Accounts and reports

(a)
(1)
The superintendent shall keep or cause to be kept, in a well-bound book to be furnished by the county, an account of all supplies, implements and tools purchased for the workhouse, keeping the account for supplies separate from implements and tools.
(2)
The superintendent shall, when a purchase is made, obtain an itemized bill specifying from whom purchased, the kind and amount of the articles purchased and the date.
(3)
The superintendent shall approve the bill, enter it on the books and present it to the commissioners for their approval.
(b)
The superintendent shall make to the commissioners quarterly reports of the whole working system, the amount of the work done and its estimated value, the amount of current expenses for supplies and for tools and implements and any other matter deemed necessary by the superintendent or ordered by the commissioners or the county legislative body.
Acts 1891, ch. 123, § 9; Shan., § 7412; Code 1932, §12023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1218.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-112 - Fine accompanying sentence to workhouse

When any person is sentenced to the workhouse, the judge of the court trying the case shall fix the fine in each case against the prisoner at a sum equal to the state and county tax provided by law; provided, that a greater fine may be entered, in the discretion of the court.
Acts 1891, ch. 123, § 13; Shan., § 7418; Code 1932, §12027; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1220.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-113 - Sentence to workhouse in lieu of jail

In all cases where a person is by law liable to be imprisoned in the county jail for safekeeping or punishment, confinement in the workhouse, if one is provided, may, in the discretion of the court, be substituted.
Code 1858, §5413; Shan., § 7393; Code 1932, §12006; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 41-1221.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-116 - Statement of sentence

(a)
A certified statement of the sentence of each prisoner shall be made out on printed blanks provided for the purpose and delivered to the superintendent of the workhouse and to the county mayor by the clerk of the court trying the case and shall specify:
(1)
The name of the inmate;
(2)
Date of sentence;
(3)
Crime for which committed;
(4)
The term of imprisonment; and
(5)
Amount of fine and costs; and the superintendent and the county mayor shall enter the amount in a book provided by the county for that purpose.
(b)
The superintendent shall also keep a record of the age, sex, complexion, color of the hair and eyes and nationality of each inmate.
Acts 1891, ch. 123, § 15; Shan., § 7420; Code 1932, §12029; impl. am. Acts 1978, ch. 934, §§ 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §41-1224; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-117 - Workhouse sentence beginning after term in penitentiary

When any inmate is sentenced by the courts to the workhouse, the inmate's time of sentence to begin after a term of imprisonment in the penitentiary has expired, the judge of the court shall, in the commitment to the penitentiary, cause this fact to appear and shall direct the warden of the penitentiary to notify the superintendent of the workhouse of the time when the inmate will be discharged. It is the warden's duty to deliver the inmate upon the order of the superintendent.
Acts 1891, ch. 123, § 14; Shan., § 7419; Code 1932, § 12028; T.C.A. (orig. ed.), § 41-1225.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-118 - Medical care of prisoners

(a)
Where any county has a health officer and jail physician, the person shall attend on all workhouse prisoners while they remain in the jail building after sentence to the workhouse and give them medicine and medical treatment as may be necessary. The health officer and physician shall receive no additional compensation for the services other than the person's regular salary.
(b)
Where there is no health officer and jail physician, the county may contract for services with a private physician.
Acts 1891, ch. 123, § 21; Shan., § 7427; Code 1932, § 12036; T.C.A. (orig. ed.), § 41-1226; Acts 1986, ch. 744, § 11.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-119 - Board for state prisoners

(a)
The state shall pay for the board of state prisoners in accordance with chapter 8 of this title.
(b)
Within the time requirements of §
41-8-106
, the number of prisoners held and bills for the same shall be made out and sworn to by the sheriff or superintendent and certified by the clerk.
Acts 1891, ch. 123, § 11; Shan., § 7416; Code 1932, §12025; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §41-1227; Acts 1986, ch. 744, § 12.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-120 - Refusal to work or disorderly conduct

(a)
Any prisoner refusing to work or becoming disorderly may be confined in solitary confinement, or subjected to such other punishment, not inconsistent with humanity, as may be deemed necessary by the sheriff or superintendent for the control of the prisoners, including reducing sentence credits pursuant to the procedure established in §
41-2-111
.
(b)
Prisoners refusing to work, or while in solitary confinement, shall receive no credit for the time so spent.
Acts 1891, ch. 123, § 17; Shan., § 7422; Code 1932, § 12032; T.C.A. (orig. ed.), § 41-1228; Acts 1986, ch. 744, § 13.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 2 - COUNTY WORKHOUSES (§§ 41-2-101 — 41-2-152) › Section 41-2-121 - Transfer to department of correction

(a)
Whenever the sheriff or superintendent in charge of the county workhouse or penal farm determines that a prisoner who is convicted and sentenced to the workhouse or penal farm under §
40-23-104
, §
40-35-314
or former §
40-35-311
proves to be a troublemaker or does not adjust to the proper type of operation of the workhouse or penal farm and creates a problem, the sheriff or superintendent may then present to the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence a petition setting forth the reasons why, in the officer's opinion, an order should be entered transferring the prisoner from the county workhouse or penal farm to the department of correction.
(b)
A copy of the petition shall be served upon the prisoner by the sheriff and the prisoner then brought before the court to show cause why the prisoner should not be transferred from the county workhouse or penal farm to the department to serve out the term in the department in conformity with the allegations and prayer of the petition before the court. If the judge of the court that ordered the prisoner confined in the county workhouse or penal farm for the term of such sentence is not immediately available due to death, illness, recess or any other reason, the petition may be presented to and acted upon by any other judge of a court of equal or concurrent jurisdiction.
Acts 1947, ch. 5, § 1; C. Supp. 1950, § 11793; modified; Acts 1967, ch. 272, § 1; T.C.A. (orig. ed.), § 41-1229; Acts 1986, ch. 744, §§ 14-16.