reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 4 - TRICOR INMATE LABOR ACT OF 1994 (§§ 41-22-401 — 41-22-415) › Section 41-22-414 - Offsetting costs of incarceration by generating revenue - Sales of surplus equipment and materials

(a)
(1)
It is the intent of the general assembly, as stated in §
41-22-403(2)(B)
, that TRICOR has as part of its mission to offset the costs of incarceration by generating revenue through the sale of products in lieu of state appropriated funds.
(2)
It is further the intent of the general assembly, as set out in §
41-22-406(a)(1)(A)
, that the TRICOR board be as free as possible to operate its facilities and to pursue its mission with the principles of free enterprise and that it be given the powers necessary to effectively carry out its mission.
(b)
Notwithstanding any law to the contrary, the TRICOR board, within the principles of free enterprise, and for the purpose of carrying out its legislative intent as stated in subsection (a), is specifically authorized to sell, as surplus property, TRICOR equipment and TRICOR raw materials which have been determined by TRICOR to be obsolete, outmoded, or no longer useable by TRICOR. Such surplus property sales may be made to businesses, government or nonprofit organizations or by auction to the public. The TRICOR board may obtain the advice and assistance of the chief procurement officer and, in circumstances which are advantageous for the timely disposal of such surplus property, is encouraged to dispose of it through the procurement office under title 12, chapter 2.
Acts 2010, ch. 994, § 1; 2011, ch. 295, § 15(a), (d).
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 4 - TRICOR INMATE LABOR ACT OF 1994 (§§ 41-22-401 — 41-22-415) › Section 41-22-415 - Contractual agreements to provide for work training programs

TRICOR may enter into contractual agreements with counties and cities to provide work training programs, including the Private Sector Prison Industry Enhancement Certification Program (PS/PIEC) (P.L 96-157, as amended), for prisoners incarcerated in county and city jails.
Acts 2020, ch. 705, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 1 - INTERSTATE CORRECTIONS COMPACT (§§ 41-23-101 — 41-23-104) › Section 41-23-101 - Short title

This part shall be known and may be cited as the "Interstate Corrections Compact."
Acts 1973, ch. 32, § 1; T.C.A., § 41-1901.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 1 - INTERSTATE CORRECTIONS COMPACT (§§ 41-23-101 — 41-23-104) › Section 41-23-103 - Powers of commissioner of correction

(a)
The commissioner of correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may, in the commissioner's discretion, delegate this authority to the deputy commissioner of correction.
(b)
The commissioner shall make a written report to the speakers of the senate and the house of representatives and the chairs of the senate judiciary committee and the criminal justice committee of the house of representatives, at least once each year. The report shall be made no later than February 1. The report shall advise the officials and committees on the number of participants in the compact.
Amended by 2021 Tenn. Acts, ch. 64, s 62, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 72, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 36, eff. 4/19/2013.
Acts 1973, ch. 32, § 13; T.C.A., § 41-1903; Acts 1988, ch. 502, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 1 - INTERSTATE CORRECTIONS COMPACT (§§ 41-23-101 — 41-23-104) › Section 41-23-104 - Notice of proposed transfer - District attorney general

Before initiating the transfer of any inmate to an institution in another state under the provisions of the Interstate Corrections Compact, codified in §
41-23-102
, the commissioner of correction or the commissioner's delegate shall give notice of the proposed transfer to the district attorney general of the judicial district in which the inmate was convicted. The commissioner or the commissioner's delegate shall not proceed with the proposed transfer until the district attorney general has been given a reasonable opportunity to present views on the matter.
Acts 1985, ch. 60, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-201 - Short title

This part shall be known and may be cited as the "Tennessee Interstate Furlough Compact."
Acts 1987, ch. 231, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-202 - Compact authorized - Form

The governor of this state is authorized and directed to execute a compact on behalf of the state of Tennessee with any of the United States legally joining therein in the form substantially as follows:
A compact entered into by and among the contracting states, with the consent of the congress of the United States granted by
4 U.S.C. § 112
. The contracting states solemnly agree to the provisions of this compact.
Acts 1987, ch. 231, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-203 - Compact definitions

As used in this compact, unless the context otherwise requires:
(1)
"Appropriate official" means a person designated by the sending state to grant furloughs or by the receiving state to accept or reject furloughs pursuant to this compact;
(2)
"Authorized person" means a person designated by law or appointment for purposes of escorting, transferring or retaking a furloughed inmate;
(3)
"Escapee" means an inmate who is on interstate furlough, pursuant to this compact, and fails to return at the prescribed time to the sending state or becomes a known absconder during the period of furlough;
(4)
"Escorted interstate furlough" means the transference of an inmate in emergency situations, who does not meet the furlough requirements of the sending state, to a state which is party to the compact under escort or guard of an authorized person of the sending state;
(5)
"Inmate" means a person convicted of a crime who is committed under sentence to or confined in a penal or correctional institution;
(6)
"Institute" means a penal or correctional facility, including all those facilities normally used by adult correctional agencies for the care and custody of inmates whether or not such facilities are owned or operated by the agencies;
(7)
"Interstate furlough" means any out-of-state leave of an inmate for a designated period in accordance with the requirements established by the appropriate officials of the sending state;
(8)
"Receiving state" means a state which is party to this compact to which an inmate is sent for furlough;
(9)
"Relative" means spouse, child (including stepchild, adopted child or foster child), parents (including stepparents, adoptive parents or foster parents), brothers, sisters and grandparents;
(10)
"Sending state" means a state which is party to this compact in which conviction or commitment was had, except if confinement be in another state, pursuant to the Interstate Corrections Compact, compiled in part 1 of this chapter, in which event the sending state shall be determined by contract between the parties of the Interstate Corrections Compact agreement;
(11)
"State" means a state in the United States, the United States, a territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico; and
(12)
"Violator" means an inmate who is on interstate furlough in the receiving state, pursuant to this compact, and fails to abide by the conditions of the furlough as established by the sending state.
Acts 1987, ch. 231, § 4.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-204 - Furloughs - Grounds and conditions

(a)
A furlough pursuant to this compact may be granted to an inmate for the following reasons:
(1)
To visit a critically ill relative; or
(2)
To attend a funeral of a relative.
(b)
A furlough among states which are party to the compact shall be granted for a period not to exceed four (4) days, including travel time.
(c)
For those inmates ineligible for an unescorted furlough, the sending state, in emergency situations, as defined below, may furlough those inmates under escort to a state which is party to this compact. All inmates on escorted furlough shall be under the guard and jurisdiction of an authorized person from the sending state and shall be under the continuous supervision of that person as consistent with §
41-23-207
.
(1)
An emergency situation shall apply only to visiting a critically ill relative or attending a funeral of a relative. In all such instances, the sending state shall first verify the legitimacy of the request and if verified shall request the receiving state to approve or reject the proposed furlough.
(2)
Escorted furloughs granted for these reasons shall not exceed four (4) days, including travel time.
(d)
Prior to the authorization for an inmate to go beyond the limits of the state, the appropriate official shall obtain a written waiver of extradition from the inmate waiving the right to be extradited from any state to which the inmate is furloughed or from any state where the inmate was apprehended.
(e)
The grant of a stipulated period of furlough may be terminated by either the sending or receiving state upon written showing of cause. In those instances, the furloughed inmate shall be given reasonable opportunity to obtain the information, including written statements of witnesses and other documentation, which may be of assistance to the inmate in subsequent disciplinary hearings by the sending state for those events or violations that caused termination of the furlough. Reasonable costs for gathering of the information shall be chargeable to the inmate on furlough.
(f)
Inmates from the sending state, who are on interstate furlough in the receiving state, shall be subject to all the provisions of laws and regulations applicable to those on interstate furlough status within the receiving state, not inconsistent with the sentence imposed.
Acts 1987, ch. 231, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-205 - Procedures in emergency circumstances

In emergency circumstances, as defined in §
41-23-204
, the appropriate official of the sending state shall, prior to granting such furlough:
(1)
Verify the legitimacy of the request; and
(2)
Upon verification, immediately notify and secure the consent of the receiving state.
Acts 1987, ch. 231, § 6.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-206 - Supplemental agreements

The appropriate official of a party state may supplement but in no way abrogate the provisions of this compact through one (1) or more contracts with any other party state for the furlough of inmates. The contracts may provide for:
(1)
Duration;
(2)
Terms and conditions of the furlough;
(3)
Report of violations and escapes by furloughees;
(4)
Costs, if any, to be incurred;
(5)
Delivery and retaking of furloughees; and
(6)
Other matters as may be necessary and appropriate to fix the jurisdiction, obligations, responsibilities, liabilities, and rights of the sending and receiving states.
Acts 1987, ch. 231, § 7.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-208 - Costs arising from furlough

(a)
Costs arising out of a grant of a furlough for transportation, lodgings, meals and other related expenses shall be the sole responsibility of the inmate on furlough.
(b)
Extraordinary costs, other than those specified in subsection (a) arising from the grant of furlough among party states, shall be the sole responsibility of the sending state. Such costs will generally be confined to emergency medical and special confinement and transportation needs.
Acts 1987, ch. 231, § 9.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 23 - INTERSTATE COMPACTS (§§ 41-23-101 — 41-23-209) › Part 2 - TENNESSEE INTERSTATE FURLOUGH COMPACT (§§ 41-23-201 — 41-23-209) › Section 41-23-209 - Effect of adoption - Renunciation

The contracting states solemnly agree that this compact shall:
(1)
Become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state; and
(2)
Continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to inmates on furlough residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending a six-month notice in writing of its intention to withdraw from the compact to the other states party hereto.
Acts 1987, ch. 231, § 10.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-101 - Short title

This chapter shall be known and may be cited as the "Private Prison Contracting Act of 1986."
Acts 1986, ch. 932, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of correction;
(2)
"Correctional services" means the following functions, services and activities, when provided within a prison or otherwise:
(A)
Education, training and jobs programs;
(B)
Recreational, religious and other activities;
(C)
Development and implementation assistance for classification, management information systems, or other information systems or services;
(D)
Food services, commissary, medical services, transportation, sanitation or other ancillary services;
(E)
Counseling, special treatment programs, or other programs for special needs;
(F)
Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and
(G)
Operation of transitional facilities;
(3)
"Department" means the department of correction;
(4)
"Prison" or "facility" means any adult institution operated by or under the authority of the department;
(5)
"Prison contractor" or "contractor" means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department;
(6)
"TDOC liaison" means any person appointed by the commissioner to act as the commissioner's on-site designee so that powers and duties not delegable to the contractor shall be carried out with the authority of the state; and
(7)
"Transitional facility" means any adult institution operated by a nonprofit entity under the authority of the department providing short-term transitional services to offenders within one (1) year of release on parole or expiration of sentence, excluding offenders convicted of a sexual offense; provided, however, that the total number of such facilities statewide shall not exceed four (4), and that the total number of beds in such facilities statewide shall not exceed, collectively, one hundred fifty (150).
Acts 1986, ch. 932, § 2; 2001, ch. 132, §§1, 2; 2010 , ch. 1041, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-103 - Contracts for correctional services

(a)
The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter.
(b)
Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§
12-4-109
and
12-4-110
[See the Compiler's Notes] and any additional requirements specified in this chapter.
(c)
A contract for correctional services as defined in §
41-24-102(2)(F)
is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates.
(d)
Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.
(e)
Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.
Acts 1986, ch. 932, § 3; 1991, ch. 176, § 1; 2001, ch. 132, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-106 - Standards of security - Resumption of state control on termination of contract

Notwithstanding any other provision of this chapter to the contrary, prior to entering a contract for providing the security function for any prison, such as providing correctional officers or other persons providing security and control over inmates, the following requirements shall be met:
(1)
A plan shall be developed and certified by the governor that demonstrates the method by which the state would resume control of the prison upon contract termination. This plan shall be submitted for review and comment to the state and local government committee of the senate and the state government committee of the house of representatives and the committees shall solicit comments from law enforcement agencies, district attorneys general, and criminal judges in the county in which the prison is located and the surrounding counties. State officials responsible for approving any contract for the security function or any contract that includes provision of security are encouraged to await the comments of the state and local government committee of the senate and the state government committee of the house of representatives prior to executing any such contract; and
(2)
The commissioner shall certify to the state and local government committee of the senate and the state government committee of the house of representatives that the security procedures proposed by the contractor are equal or superior to the security procedures in effect at existing state-operated prisons and the commissioner shall comment on the relationship of the procedures proposed by the contractor to each standard of security and control specified in the standards for adult correctional institutions by the American Correctional Association.
Amended by 2021 Tenn. Acts, ch. 64, s 64, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 74, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1986, ch. 932, §6; 2011 , ch. 410, § 2(o), (p).
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-107 - Financial information from contractor - Insurance requirements - Sovereign immunity

(a)
Notwithstanding any other provision of this chapter to the contrary, no contract for correctional services as defined in §
41-24-102(2)(F)
, shall be entered into unless the following requirements are met:
(1)
The contractor provides audited financial statements for the previous five (5) years or for each of the years the contractor has been in operation, if fewer than five (5) years, and provides other financial information as requested; and
(2)
The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. The firm shall be selected by the commissioner of commerce and insurance with the concurrence of the board of claims. In determining the adequacy of the plan, the firm shall determine whether:
(A)
The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;
(B)
The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;
(C)
The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects and to assure that the contractor is not limited in this ability because of financial liability that results from judgments; and
(D)
The insurance is adequate to satisfy such other requirements specified by the independent risk management or actuarial firm.
(b)
The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
Acts 1986, ch. 932, § 7.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-108 - Application of certain criminal laws to contractor-operated facilities

The provisions of title 39, chapter 16, including, without limitation, §
39-16-201
and §§
39-16-605
- 39-16-608, shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.
Acts 1986, ch. 932, § 8; 1996, ch. 675, § 43.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-109 - Monitoring of contractor performance - Reports

In addition to other powers and duties prescribed by law, the commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the state and local government committee of the senate and the state government committee of the house of representatives or any other legislative committee regarding the performance of the contractor. The comptroller of the treasury shall audit the performance of the department of correction and the private contractor to ensure that the state is receiving the quality and level of services as described in the contract based upon the performance criteria, the monitoring process and any applicable sanctions that might be incurred. The comptroller shall report annually, or as otherwise requested, to the state and local government committee of the senate and the state government committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 65, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 75, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1986, ch. 932, § 9; 2001, ch. 132, §8; 2011 , ch. 410, § 2(q), (r).
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-110 - Powers and duties not delegable to contractor

No contract for correctional services shall authorize, allow or imply a delegation of the authority or responsibility of the commissioner to a prison contractor for any of the following:
(1)
Developing and implementing procedures for calculating inmate release and parole eligibility dates;
(2)
Developing and implementing procedures for calculating and awarding sentence credits;
(3)
Approving inmates for furlough and work release;
(4)
Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in that work; and
(5)
Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody; or taking any disciplinary actions.
Acts 1986, ch. 932, § 10.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-111 - Application of certain administrative laws to contractor

All existing provisions of law shall apply to a prison contractor except as provided in this section or otherwise provided in this chapter:
(1)
Title 12, chapter 3, relative to public purchases, shall not apply to purchases and procurements of a prison contractor providing correctional services;
(2)
Title 8, chapter 30, relative to state service, shall not apply to employees of a prison contractor;
(3)
A prison contractor providing correctional services shall not be bound by provisions of law governing the appointment, qualifications and duties of wardens, superintendents and other correctional employees, including provisions of title 4, chapter 6, and chapter 1 of this title, except as required to comply with the Constitution of Tennessee; and
(4)
Title 8, chapters 34 and 35, relative to membership in the Tennessee consolidated retirement system, shall not apply to employees of a prison contractor, except as provided specifically in this chapter.
Acts 1986, ch. 932, §11; 2012 , ch. 800, § 49.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-112 - Consolidated retirement system

(a)
The following provisions shall govern eligibility for membership in the Tennessee consolidated retirement system for employees of a prison contractor providing correctional services as defined in §
41-24-102(2)(F)
:
(1)
Department of correction employees in positions under the control and supervision of the department that become subject to a contract with a prison contractor and who are members of the retirement system immediately preceding the contract implementation date shall remain eligible to continue membership under the same conditions that apply to state employees. Those employees shall make the same contributions and be eligible for the same benefits as state employees; and
(2)
Any other person, including any person employed or re-employed after the date a prison contractor assumes the management and operation of a department facility, shall not be eligible for membership in the Tennessee consolidated retirement system.
(b)
An employee who participates in the Tennessee consolidated retirement system may not participate in any retirement plan offered by the prison contractor. Any employee eligible under subsection (a) may continue membership or may elect to withdraw membership from the retirement system as follows:
(1)
An election to withdraw shall take place within thirty (30) days after the employee completes one (1) year of employment under the prison contractor;
(2)
Upon the election to withdraw, the employee may receive a refund of accumulated contributions;
(3)
The election to withdraw constitutes a waiver of any right, present or future, to reestablish that service at a later date based on employment at a correctional facility under a prison contractor; and
(4)
If an election to withdraw is not made within the thirty-day period, the employee shall be deemed to have elected continued membership in the retirement system. Withdrawal at a later date will be permitted only upon the termination of service with the prison contractor.
(c)
In no event will a department employee be allowed to retire and receive benefits while continuing employment with a prison contractor.
(d)
The prison contractor shall make normal contributions, special accrued liability contributions, and cost of living contributions, as determined by an actuarial valuation, in the same way as for state employee members, for one (1) year for each employee described in subsection (b) and for each employee who thereafter elects to continue membership in the retirement system.
(e)
The prison contractor shall pay contributions to the board of trustees of the retirement system according to a schedule set by the board.
(f)
The department shall serve as administrative agent between the prison contractor and the Tennessee consolidated retirement system.
Acts 1986, ch. 932, § 12.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-113 - Rights of employees of contractor

(a)
The following provisions shall govern the rights of employees of the state who become employees of the contractor.
(b)
Any employee of the contractor who was formerly an employee of the state shall have the following rights while in the employ of the contractor:
(1)
The employee shall be allowed to be a member of any qualified employee organization pursuant to §
8-23-204
and the employee shall be allowed, if the employee so elects, to pay dues in the qualified employee organization through payroll deduction; provided, that no employee of a contractor shall be deemed a state employee for the purpose of determining whether a given employee organization qualifies for payroll deduction of membership dues pursuant to §
8-23-204
, nor shall the employee's membership in any employee organization qualified under §
8-23-204
be considered to be a violation of §
8-23-204
;
(2)
The contractor shall give a hiring preference for available positions to laid-off employees of the department; and
(3)
Employees laid off by the contractor shall be given the same reemployment rights with the state as current state employees.
(c)
Any employee of the contractor who was formerly a state employee, who ceases employment with the contractor and returns to the employ of the state, shall have the following rights:
(1)
The employee shall retain all sick leave and annual leave that has been accumulated, but not greater than the amounts of leave that would have been accumulated had the employee been continuously in the employ of the state;
(2)
The employee shall be credited with any time of service with the contractor toward calculation of longevity pay benefits; and
(3)
The employee shall be admitted to the state group insurance program without proof of insurability.
Acts 1986, ch. 932, § 13.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-115 - Rules and regulations

The commissioner is authorized and directed to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as required to effectuate the purposes of this chapter.
Acts 1986, ch. 932, § 15.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-116 - Escape from private prison or facility

Section
39-16-606
shall apply to the appropriate official of a prison or facility operated by a private prison contractor when any inmate housed in the prison or facility escapes from the private contractor prison or facility.
Acts 1998, ch. 829, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-117 - Records relating to inmates in private facilities

The records and other documents concerning any inmate who is sentenced to the custody of the department of correction and is being housed in a prison or facility operated by a private prison contractor shall be public records to the same extent such records are public if an inmate is being housed in a department of correction facility.
Acts 1998, ch. 942, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-118 - Transfer of employees of community services agencies to the department of correction

(a)
Notwithstanding any provisions of law to the contrary, including [former] §
8-30-309
, and recognizing the years of faithful and dedicated service to the department by the employees of community services agencies providing correctional health services for the department, community services agency employees who serve in jobs that would be classified as career service, as defined in [former] §
8-30-208
, had they been employed in the state service, and whose functions and positions are transferred to the department by the commissioner on or before July 1, 2005, shall be transferred into the department and shall receive the benefits and protection of career service status, and shall be eligible for participation in the state health insurance plan on June 7, 2005, without further examination or competition.
(b)
No employee so transferred shall be subject to §
8-30-308
, as a result of this transfer, if the employee has worked for the community services agencies for a length of time equal to the probationary period applying to the equivalent state service position; and, if not, the employee shall complete the probationary period after the employee's transfer to the department.
(c)
All transfers shall take place no later than July 1, 2005.
(d)
Transfers of employees from the community services agencies to the department, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; provided, however, that this shall not impair the department's authority, through established policies and procedures, to correct salary disparities.
(e)
Any employee so transferred shall be eligible for promotion pursuant to title 8, chapter 30, after the transfer takes effect.
Acts 2005, ch. 358, §1; 2012 , ch. 800, § 49.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 24 - PRIVATE PRISON CONTRACTING ACT OF 1986 (§§ 41-24-101 — 41-24-119) › Section 41-24-119 - Terms of release of out-of-state prisoner incarcerated in Tennessee

(a)
For the purposes of this section, unless the context otherwise requires, "out-of-state prisoner" means a person incarcerated in a correctional facility within this state on behalf of a state other than Tennessee or a governmental entity whose jurisdiction is outside of Tennessee. "Out-of-state prisoner" does not include a person incarcerated on behalf of an Indian tribe or on behalf of the United States.
(b)
Notwithstanding any law to the contrary, after May 8, 2007, no prison contractor shall contract to accept an out-of-state prisoner for incarceration within any correctional facility operated by the prison contractor within Tennessee unless the sending state contractually agrees to return, and to pay the full costs of returning, the prisoner to the sending state prior to the prisoner's release from incarceration.
Acts 2007 , ch. 110, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 25 - INTERNATIONAL COOPERATION (§ 41-25-101) › Section 41-25-101 - International transfer of convicted criminals

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders who are citizens or nationals of foreign countries to those foreign countries of which they are citizens or nationals, the governor or the governor's designee is authorized, subject to the terms of the treaty, to act on behalf of the state of Tennessee and to consent to the transfer of the convicted criminal felons. The governor or the governor's designee is authorized to develop policies, procedures and processes to carry out the mandates of this section.
Acts 1999, ch. 213, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 1 (§§ 41-51-101 — 41-51-104) › Section 41-51-101 - Protection against bloodborne pathogens

The superintendent, director or warden of any correctional institution or county or municipal jail or workhouse shall provide training in universal precaution from bloodborne pathogens for all employees at risk for potential occupational exposure to bloodborne pathogens, including, but not limited to, hepatitis B or HIV (AIDS). Voluntary vaccinations shall be provided and strongly encouraged for all employees at risk. In order to increase the awareness of the need for practicing universal precaution, the superintendent, director or warden may periodically warn all employees at risk of potential exposure that a portion of the inmate population is likely to be infected with a bloodborne pathogen.
Acts 1994, ch. 734, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 1 (§§ 41-51-101 — 41-51-104) › Section 41-51-102 - Exposure to infectious diseases by inmates

(a)
It is the intent of the general assembly to protect the health and safety of the citizens of Tennessee through control of the spread of infectious diseases. The purpose of this section is to require a correctional institution to inform an employee, contract employee or visitor of the infectious disease status of an inmate if the person has potentially been exposed to an infectious disease by the inmate.
(b)
For purposes of this section, the following definitions apply:
(1)
"Bloodborne pathogen" means the pathogenic microorganism that is present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV);
(2)
"Exposure incident" means a specific eye, mouth, other mucous membrane, skin or parenteral contact with blood or other potentially infectious material that results from the performance of an employee's duties or during a visit to a correctional institution, county or municipal jail or workhouse; and
(3)
"Source individual" means any inmate, living or dead, involved in an exposure incident.
(c)
Following a report of an exposure incident, a superintendent, director or warden of a correctional institution, county or municipal jail or workhouse shall test the source individual, or source individuals, with or without the source individual's consent, to determine bloodborne pathogen infectivity.
(d)
The superintendent, director or warden of the penitentiary, correctional institution, county or municipal jail or workhouse shall disclose the results of the testing to each correctional employee, law enforcement officer or visitor who was involved in the exposure incident and who reasonably believes that that person may have been exposed to a serious or life-threatening disease or pathogen. Disclosure of the inmate's test results to the correctional employee or law enforcement officer shall occur no later than twenty-four (24) hours after the results are known by the proper correctional officials, unless, following a reasonable effort, all employees or officers exposed cannot be notified within that twenty-four hour period.
(e)
This section does not authorize the release of confidential information to members of the public in violation of §
10-7-504
. For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential.
Acts 1996, ch. 806, § 1; 2002, ch. 709, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 1 (§§ 41-51-101 — 41-51-104) › Section 41-51-103 - Deceased inmates infected by bloodborne pathogens - Notice to handlers of body

(a)
Whenever any inmate committed to a state penal institution dies, and the inmate is known by health personnel of the department of correction to be infected by a bloodborne pathogen as defined in §
41-51-102(b)
, the superintendent, director or warden of the state penal institution shall inform the person collecting the dead body and the funeral home to which the dead body is carried of the infectivity. Notice of infectivity shall be given before the dead body is removed from the state penal institution or the health care facility in which the inmate died.
(b)
This section does not authorize the release of confidential information to members of the public in violation of §
10-7-504
. For the purposes of this section, any person informed of the results of any inmate's test for infectious diseases shall treat the information received as confidential.
Acts 1997, ch. 372, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 1 (§§ 41-51-101 — 41-51-104) › Section 41-51-104 - Prohibition against trusty status for sexual offenders

(a)
No person who has been convicted of an offense that will require the person to register as a sexual offender pursuant to title 40, chapter 39, part 2, and who is being housed in a county or municipal jail or workhouse, shall be eligible for, nor shall such person be placed on, trusty status.
(b)
Subsection (a) is applicable regardless of whether the person is:
(1)
Sentenced to the department of correction but is serving the sentence in a county or municipal jail or workhouse pursuant to contract or is sentenced to confinement in a county or municipal jail or workhouse; or
(2)
Sentenced to the department of correction but is being housed in a county or municipal jail or workhouse while awaiting transfer to the department.
Acts 2005, ch. 180, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 2 (§§ 41-51-201 — 41-51-202) › Section 41-51-201 - Part definitions

As used in this part:
(1)
"Correctional environment" means a physical location, whether a facility or transport vehicle, in which an inmate must be under custody and control of a correctional officer in accordance with recognized correctional standards;
(2)
"Correctional institution" means a facility under the authority of this state, a county, or a municipal government that has the power to detain or restrain, or both, a person under the laws of this state;
(3)
"Extraordinary circumstance" means that an inmate presents a substantial flight risk or some other extraordinary medical, mental health, or security circumstance;
(4)
"Inmate" means a person incarcerated or detained in a correctional institution who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program;
(5)
"Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix; and
(6)
"Restraints" means a physical or mechanical device used to control the movement of an inmate's body, limbs, or both.
Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.