reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-102 - Purpose of chapter

This chapter provides financial incentives to counties to house additional nondangerous felony offenders locally. The purpose of the chapter is to mutually benefit state and county governments by:
(1)
Helping alleviate overcrowding in state correctional facilities and reducing high operation costs; and
(2)
Assisting counties in upgrading local correctional facilities and programs.
Acts 1981, ch. 491, § 2; T.C.A., §
41-10-102
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Applicant county" means any county that applies to participate in the program;
(2)
"Approved applicant county" means any county selected as a participating county and any other applicant county certified by the commissioner as having submitted an acceptable proposal for participation in the program at a future date;
(3)
"Certified" refers to whether any jail, workhouse or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in §
41-4-140
. Determination as to whether any facility has met these minimum standards shall be made by the director of the jail inspection division of the Tennessee corrections institute and certified to the county mayor and to the state judicial cost accountant;
(4)
"Commissioner" means the commissioner of correction or the commissioner's designee;
(5)
"County correctional incentive program" or "program" means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants or loans;
(6)
"Detainee day" refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the department of correction during a designated contract period;
(7)
"Grant" means those funds provided under this chapter by the state to the county for which the state does not require repayment by the county;
(8)
"Loan" means those funds provided under this chapter by the state to the county for which the state does require repayment by the county;
(9)
"Participating county" means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner;
(10)
"Plan" means the method by which the county intends to utilize the assistance available under this chapter;
(11)
"Prisoner day" means each day each state prisoner was held by a county pursuant to §
40-23-104
or §
40-35-311
and during a designated contract period, where applicable. "Prisoner day" also means each day each state prisoner sentenced to the department of correction was held by a county after the first five (5) days of incarceration following sentencing and during a designated contract period, where applicable; provided, that the prisoner's commitment to the department was delayed pursuant to chapter 1, part 5 of this title or pursuant to the order of a federal court. "Prisoner day" also means each day each state parolee is detained, held, or housed pending a parole revocation hearing; and
(12)
"Subsidy" means that amount of money paid by the state to a county in accordance with §
41-8-106
.
Amended by 2022 Tenn. Acts, ch. 895, s 1, eff. 7/1/2022.
Acts 1981, ch. 491, § 3; T.C.A., §
41-10-103
; Acts 1983, ch. 357, §§ 1, 2; 1984, ch. 896, § 1; 1985 (1st Ex. Sess.), ch. 5, §55; 1986, ch. 744, §25; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-104 - Participation in program

(a)
Participation by any county in the program is absolutely voluntary. If a county facility is certified or provisionally certified, the county shall be entitled to the compensation provided in §
41-8-106
and shall not be required to meet the additional requirements of this section. If a county facility is not certified or provisionally certified, the county must meet the additional requirements of this section to be eligible for the compensation provided in §
41-8-106
.
(b)
No county may participate in the program until it has submitted a plan and is selected for participation in the program by the commissioner.
(c)
The commissioner shall enter into contracts with those counties approved for participation in this program on an annual basis. Except as otherwise provided in this chapter, the exercise of this discretion shall not be reviewable in any other forum so long as the counties are selected in accordance with the procedures established by this chapter and the rules adopted pursuant to it.
(d)
The commissioner shall consider, but shall not be limited to, the following factors in selecting counties to participate in this program:
(1)
Representative nature of the county, including geographic location, county population and crime population;
(2)
Condition of existing county facilities;
(3)
Current capacity of the county facilities to house additional felony offenders;
(4)
Potential for increasing the county's capacity for housing additional felony offenders;
(5)
Adequacy of present programs and nature of proposed improvements in relation to certification requirements as defined by the Tennessee corrections institute board of control;
(6)
Whether and to what extent inmates are worked or are planned to be worked in county work programs;
(7)
Whether and to what extent inmates are permitted to participate in work release programs;
(8)
Nature and amount of state assistance needed to finance and operate county facilities; and
(9)
Availability of state funds.
Acts 1981, ch. 491, § 4; T.C.A., §
41-10-104
; Acts 1984, ch. 896, § 2; 1985 (1st Ex. Sess.), ch. 5, § 54.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-105 - Submission and review of county plans

(a)
Any county is authorized to submit a plan to the commissioner in which it seeks to participate in the program.
(b)
The plan shall be submitted in the manner established pursuant to the rules promulgated by the commissioner pursuant to this chapter.
(c)
The plan shall be approved by the county commission and the county sheriff before it will be considered by the commissioner.
(d)
The jail inspection division of the Tennessee corrections institute shall provide any assistance requested by the commissioner in the review and evaluation of any plan submitted by the counties and of the county's implementation of a plan that is approved.
Amended by 2020 Tenn. Acts, ch. 711, s 7, eff. 6/15/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013.
Acts 1981, ch. 491, § 5; T.C.A., §
41-10-105
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-107 - Use of subsidy by counties

(a)
Participating counties having a facility that is not certified pursuant to the most recently established state jail standards shall not diminish their current level of spending for correctional expenses to the extent of any subsidy received pursuant to this chapter. The subsidy provided in this chapter is for expenditures for correctional purposes.
(b)
The subsidy received by the counties pursuant to this chapter shall be dedicated exclusively for use in the county's correctional programs. The entire subsidy received shall be appropriated for the benefit of the correctional program.
(c)
If the facility has been inspected and certified pursuant to the most recently established state jail standards, the entire subsidy may be used for current operating expenses. In all other situations, seventy-five percent (75%) of the subsidy shall be used for improving correctional programs or facilities.
Acts 1981, ch. 491, § 7; T.C.A., § 41-10-107; Acts 1984, ch. 896, §§ 4, 5; 1985, ch. 270, §§ 1, 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-108 - Commissioner to promulgate rules

The commissioner is authorized and directed to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for purposes including, but not limited to:
(1)
General administration of the county incentive program;
(2)
Requirements for county plans;
(3)
Evaluation of plans submitted by counties; and
(4)
Termination of county participation.
Acts 1981, ch. 491, § 8; T.C.A., § 41-10-108.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-109 - Grants or loans to counties by state funding board - Restrictions

(a)
The state funding board is authorized to make grants or loans, as funds are available, to any approved applicant county to assist that county in the construction or renovation of a correctional facility.
(b)
No county shall award any construction contract in reliance on a grant or loan until such time as the state funding board and the county have executed a contract pursuant to §
41-8-110
or §
41-8-111
, and until the state building commission has acted pursuant to §
4-15-102
, when an application for a grant has been approved.
Acts 1981, ch. 491, § 9; T.C.A., § 41-10-109.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-110 - State funding board authorized to issue bonds and notes - Counties to submit financing agreements and contracts

(a)
For the purpose of providing moneys to assist approved applicant counties in financing capital improvements of correctional facilities, the state funding board, in addition to the powers otherwise granted by law, has the power and is authorized to issue from time to time direct general obligation interest-bearing bonds and bond anticipation notes in such principal amounts as may from time to time be authorized by law.
(b)
Loans or grants authorized in accordance with §
41-8-109
shall be made from the proceeds of the bonds or notes to an approved applicant county in the county correctional incentive program. The board shall require the county to submit a financing agreement that includes provisions for the payment of the cost of constructing, acquiring, reconstructing, improving, equipping or furnishing any county correctional facility, including the payment of engineering, fiscal, architectural and legal expenses incurred in connection with the facility and the issuance of the bonds or notes, and shall require the county to execute a contract specifying, among other things, the repayment terms and the project to be funded.
Acts 1981, ch. 491, § 10; T.C.A., § 41-10-110.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-112 - Repayment of loans - County's failure to remit

(a)
The county shall pledge its full faith and credit for the repayment of a loan pursuant to this chapter.
(b)
In the event any county having entered into a loan contract pursuant to this chapter fails to remit funds in accordance with any amortization schedule established for the loan, the commissioner of finance and administration shall deliver by certified mail a written notice of the failure to the county. In the event the county fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner of finance and administration may, without further authorization, withhold that sum or part of that sum from any state-shared taxes that are otherwise apportioned to the county.
Acts 1981, ch. 491, § 12; T.C.A., § 41-10-112.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-113 - Special account to be established

There is authorized to be established in the general fund of the state treasury a special account for depositing available funds under this chapter and for disbursing those funds to the counties that qualify for grants or loans under this chapter; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner as is deemed appropriate.
Acts 1981, ch. 491, § 13; T.C.A., § 41-10-113.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-114 - Counties free to seek other aid

Nothing in this chapter shall be construed to limit the right of any county to accept any gift, grant or loan of funds or financial or other aid of any form that might otherwise be available to that county from the state or federal government or any agency of the state or federal government or from any other sources or from complying with the terms and conditions of the aid not inconsistent with this chapter.
Acts 1981, ch. 491, § 14; T.C.A., § 41-10-114.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-115 - Federal funds

The commissioner is authorized and empowered to seek and receive funds from the federal government that will augment the funds appropriated by the state to implement this chapter.
Acts 1981, ch. 491, § 15; T.C.A., § 41-10-115.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-116 - Title 9, chapter 9 applicable to this chapter

(a)
The issuance and payment of bonds and bond anticipation notes and the administration of funds for the purpose of this chapter shall be in accordance with title 9, chapter 9.
(b)
It is the legislative intent that all bonds and bond anticipation notes issued pursuant to this chapter are also to be considered as issued under title 9, chapter 9.
Acts 1981, ch. 491, § 16; T.C.A., § 41-10-116.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 8 - COUNTY CORRECTIONAL INCENTIVES ACT OF 1981 (§§ 41-8-101 — 41-8-118) › Section 41-8-118 - Participation of regional jail authority

A regional jail authority created pursuant to chapter 12 of this title is authorized to participate in the program created pursuant to this chapter in the same manner and to the same extent as counties are authorized to participate.
Acts 2008, ch. 1092, § 26.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 1 - GENERAL PROVISIONS (§§ 41-9-101 — 41-9-104) › Section 41-9-101 - Community work project coordinator

(a)
The department of correction is authorized to employ or assign, in each judicial district, a person for the position of community work project coordinator.
(b)
The work project coordinator shall be compensated as other state employees and shall be supervised by the director of probation and parole.
(c)
The duties of the coordinator include, but are not limited to, the following:
(1)
Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the district, or within other judicial districts, that may be performed by probationer or parolee labor;
(2)
Interviewing and screening the probationers or parolees available for community work projects in order to match their particular job skills with the type of labor needed;
(3)
Coordinating the various approved work projects to ensure that the probationers or parolees available are being utilized efficiently and to the best of their abilities;
(4)
Regularly inspecting each approved work project to ensure that the probationers or parolees are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
(5)
Performing such other duties as may be assigned by the department of correction.
Acts 1984, ch. 990, § 1; 1998, ch. 1049, §§ 56 - 60; 2012, ch. 727, § 56.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 1 - GENERAL PROVISIONS (§§ 41-9-101 — 41-9-104) › Section 41-9-103 - Probationers - Eligibility - Reporting for work - Violations

(a)
Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to §
40-35-303
, and who, as a condition of probation, have been ordered to perform a period of community service work as provided in §
40-35-303(d)(3)
.
(b)
When a judge places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the work project coordinator in the judicial district in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(c)
After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills, and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(d)
If any defendant placed on probation and ordered to perform community service work pursuant to §
40-35-303
is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.
Acts 1984, ch. 990, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 1 - GENERAL PROVISIONS (§§ 41-9-101 — 41-9-104) › Section 41-9-104 - Liability for injury

No charitable organization or governmental entity authorized by §
41-9-102
to utilize probationer labor pursuant to this part shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for the organization or entity, if the organization or entity exercised due care in the protection and supervision of the probationer.
Acts 1985, ch. 15, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 2 - COUNTY COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-201 — 41-9-204) › Section 41-9-201 - County community work project coordinator

(a)
In all counties of the state, the board or other governmental entity having charge of, supervision, and control of the county workhouse is authorized to employ or assign a person for the position of county community work project coordinator. Any person so employed or assigned shall be responsible for administering a community work project program for probationers placed under the jurisdiction of the county. The county legislative body shall approve the community work project program before the program is implemented.
(b)
The county community work project coordinator shall be compensated as other county employees and shall be supervised by the director of probation for the county.
(c)
The duties of the county community work project coordinator shall include, but are not limited to:
(1)
Preparing, receiving and reviewing applications from qualified organizations and entities for projects within the county that may be performed by county probationer labor;
(2)
Interviewing and screening the county probationers available for community work projects in order to match their particular job skills with the type of labor needed;
(3)
Coordinating the various approved work projects to ensure that the county probationers available are being utilized efficiently and to the best of their abilities;
(4)
Regularly inspecting each approved work project to ensure that the county probationers are being properly supervised, that they do not pose a threat to members of the community in the area in which they are working and that they are being utilized to perform the type of work for which they were requested; and
(5)
Performing such other duties as may be assigned by the board or other governmental entity having charge of, supervision and control of the county workhouse.
Acts 1986, ch. 742, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 2 - COUNTY COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-201 — 41-9-204) › Section 41-9-203 - Probationers - Eligibility - Reporting to work - Violations

(a)
Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to §
40-35-303
, who, as a condition of probation, have been ordered to perform a period of community service work as provided in §
40-35-303(d)(3)
, and who have been assigned to the supervision of the county.
(b)
When a judge so places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the county community work project coordinator in the county in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(c)
After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
(d)
If any defendant placed on probation and ordered to perform community service work pursuant to §
40-35-303
is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.
Acts 1986, ch. 742, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 9 - COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-101 — 41-9-204) › Part 2 - COUNTY COMMUNITY WORK PROJECTS FOR PROBATIONERS (§§ 41-9-201 — 41-9-204) › Section 41-9-204 - Liability for injury or damages

(a)
No charitable organization, municipality, county or political subdivision thereof authorized by §
41-9-102
to utilize probationer labor pursuant to this chapter shall be liable for any injury sustained by a probationer or other person while the probationer is performing a work project for that organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
(b)
(1)
No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for the acts of any probationer while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
(2)
No municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any probationer or a probationer's family for death or injuries received while the probationer is on a community work project for the organization or governmental entity, if the organization or governmental entity exercised due care in the protection and supervision of the probationer.
Acts 1986, ch. 742, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 10 - CORRECTION VOLUNTEER SERVICES (§§ 41-10-101 — 41-10-105) › Section 41-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of parole;
(2)
"Chair" means the chair of the board of parole;
(3)
"Commissioner" means the commissioner of correction;
(4)
"Department" means the department of correction;
(5)
"Institution" means an institution of the department;
(6)
"Offender" means a person who is under the authority of the department, pursuant to a court order, a pending court disposition in a Tennessee criminal case or under the authority of the board, pursuant to release under probation or parole supervision, or some other release program from any correctional institution;
(7)
"Region" means a probation region of the department of correction;
(8)
"TCRB" means the Tennessee community resource board; and
(9)
"Volunteer" means any person who, after fulfilling appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the department or board except for compensation for those expenses incurred directly as the result of volunteer services as defined in this chapter. A "volunteer" may present any grievance related to volunteer services to the TCRB, which shall make recommendations to the commissioner or the board, as appropriate, and may appeal any decision of the TCRB to the commissioner or to the board, as appropriate.
Acts 1985, ch. 267, § 1; 2000, ch. 987, §§ 1 - 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 10 - CORRECTION VOLUNTEER SERVICES (§§ 41-10-101 — 41-10-105) › Section 41-10-102 - Volunteers - Policies - Compensation - Inspection of records

(a)
The department is authorized to recruit, train and appoint volunteers to programs of the department without regard to state employment regulations as administered by the department of human resources. Volunteers shall, however, be required to comply with all applicable department of correction policies. The department is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
(b)
The board is authorized to recruit, train and appoint volunteers to programs of the board without regard to state employment regulations as administered by the department of human resources. Volunteers shall be required to comply with all applicable board policies. The board is further authorized to provide such incidental reimbursement as is consistent with this chapter and with appropriate state regulations.
(c)
No court or law enforcement agency shall refuse to allow inspection of the court or agency's files and records by any volunteer demonstrating a need to know the contents of those files and records for the performance of official duties.
Acts 1985, ch. 267, § 1; 2000, ch. 987, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 10 - CORRECTION VOLUNTEER SERVICES (§§ 41-10-101 — 41-10-105) › Section 41-10-103 - Duties of department of correction

The department shall:
(1)
Take such actions as are necessary and appropriate to develop meaningful opportunities for volunteers to be involved in the department's programs, including the appointment of personnel as deemed necessary by the commissioner to administer volunteer services;
(2)
Develop written policy governing the recruitment, training, appointment and supervision of volunteers;
(3)
Take such action as is necessary to ensure that volunteers understand their duties and responsibilities;
(4)
Take such action as is necessary and appropriate to ensure a receptive climate for volunteers;
(5)
Provide for the recognition of volunteers who have offered outstanding service to the department; and
(6)
Recognize prior volunteer service as partial fulfillment of state employment requirements for training and experience pursuant to rules adopted by the department of human resources.
Acts 1985, ch. 267, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 10 - CORRECTION VOLUNTEER SERVICES (§§ 41-10-101 — 41-10-105) › Section 41-10-104 - Meals - Travel expenses - Use of state vehicles

(a)
Meals may be furnished without charge to volunteers if the scheduled volunteer assignment extends over an established meal period.
(b)
Travel expenses may be reimbursed to those volunteers whose volunteer assignment requires them to use their own vehicle or to be away from home in accordance with state travel regulations.
(c)
Volunteers may use state vehicles when their assignments so require, subject to the approval of the department and compliance with any rules or regulations that may be promulgated by the department.
Acts 1985, ch. 267, § 1; 1989, ch. 566, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-101 - Short title

This chapter shall be known and may be cited as the "Inmate Reimbursement to the County Act of 1995."
Acts 1995, ch. 522, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-102 - "County jail" defined

For purposes of this chapter, "county jail" includes county workhouses.
Acts 1995, ch. 522, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-103 - Reimbursement of imprisonment expenses

A county may seek reimbursement for any expense incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail. The county may seek reimbursement for each person who is or was an inmate for not more than sixty dollars ($60.00) a day for the expense of maintaining the inmate or the actual per diem cost of maintaining the inmate, whichever is less, for the entire time the person was confined in the county jail, including any period of pretrial detention.
Acts 1995, ch. 522, § 4.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-104 - Denial of certain privileges prohibited

The failure of an inmate to provide information on the inmate's financial status shall not be grounds for the denial by the county of any privilege ordinarily available to an inmate, such as behavior or programmatic credits, parole or participation in work programs.
Acts 1995, ch. 522, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-105 - Reporting of inmates and financial and other information

At the request of the county mayor or a designee of the county mayor, the sheriff of the county shall forward to the county mayor or designee of the county mayor a list containing the name of each inmate, the term of sentence and the date of admission, together with information regarding the financial status of each inmate, as required by the county mayor or designee of the county mayor.
Acts 1995, ch. 522, §6; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-106 - Investigation of reports

The county legislative body or the county mayor may investigate or cause to be investigated all reports furnished by the sheriff pursuant to §
41-11-105
for the purpose of securing reimbursement for the expenses incurred by the county in regard to an inmate as provided under this chapter.
Acts 1995, ch. 522, §7; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-107 - Reimbursement of expenses - Civil action

(a)
The county mayor may file a civil action to seek reimbursement from an inmate for maintenance and support of that person while that person was an inmate or for any other expense for which the county may be reimbursed under this chapter.
(b)
A civil action brought under this chapter shall be instituted in the name of the county in which the jail is located and shall state the date and place of sentence, the length of time set forth in the sentence, the length of time actually served and the amount or amounts due to the county pursuant to §
41-11-103
.
(c)
Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
(d)
The court may enter a civil judgment against the defendant and may order that the defendant's property be attached for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under §
41-11-103
.
Acts 1995, ch. 522, §8; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-108 - Jurisdiction - Venue - Receivers

(a)
The county may file the civil action in the circuit court. If the defendant is still an inmate in the county jail, venue is proper in the county in which the jail is located.
(b)
If necessary to protect the county's right to obtain reimbursement under this chapter against the disposition of known property, the county may seek issuance of a temporary restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the county for the maintenance and support of the defendant as an inmate. No bond shall be required of the county before a temporary restraining order is issued.
(c)
To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.
Acts 1995, ch. 522, § 9.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-109 - Homestead exemption

The county shall not enforce any judgment obtained under this chapter by means of execution against the homestead of the defendant.
Acts 1995, ch. 522, § 10.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-110 - Cooperation by judge and sheriff of inmate's home county

The sentencing judge and the sheriff of any county in which an inmate's property is located shall furnish to the attorney for the county all information and assistance possible to enable the attorney to secure reimbursement for the county under this chapter.
Acts 1995, ch. 522, § 11.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-111 - Disposition of funds

The reimbursements secured under this chapter shall be credited to the general fund of the county to be available for general fund purposes. The county mayor may determine the amount due the county under this chapter and render sworn statements of the amount due. These sworn statements shall be considered prima facie evidence of the amount due.
Acts 1995, ch. 522, §12; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 11 - INMATE REIMBURSEMENT TO THE COUNTY ACT OF 1995 (§§ 41-11-101 — 41-11-112) › Section 41-11-112 - Applicability - Development districts - Contracting

(a)
This chapter only applies in counties having a population in excess of two hundred fifty thousand (250,000), and in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), all according to the 1990 federal census or any subsequent federal census, and in any other county in which the county legislative body, by majority vote, adopts a resolution electing to utilize this chapter to seek reimbursement.
(b)
All other counties shall be grouped by development districts established pursuant to title 13, chapter 14, part 1. For those counties, the comptroller of the treasury shall develop guidelines and solicit proposals for the collection of expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail pursuant to §
41-11-103
. The guidelines developed by the comptroller of the treasury may, to the greatest extent possible, be based on the collection procedures established by this chapter or may utilize any other collection procedures and standards in the discretion of the comptroller of the treasury. The guidelines for collection may be based on a statewide proposal, be limited to a proposal by development districts or be a combination of both. In developing the proposals, the comptroller of the treasury shall give consideration to awarding a contract to the person or entity based on a percentage of amount retained, competency or ability to perform, costs incurred in securing reimbursement or be based on any other criteria developed by the comptroller of the treasury. The contract awarded by the comptroller of the treasury shall be a two-year contract.
(c)
The reimbursements secured under the contracts, less the fee for collection, shall be deposited into the state general fund and, at least annually, shall be distributed to the general fund of the county in which the inmate was incarcerated. The funds may be used for any lawful purpose.
Acts 1995, ch. 522, § 13.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 12 - REGIONAL JAIL AUTHORITY ACT (§§ 41-12-101 — 41-12-124) › Section 41-12-101 - Short title

This chapter shall be known and may be cited as the "Regional Jail Authority Act."
Acts 2008, ch. 1092, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 12 - REGIONAL JAIL AUTHORITY ACT (§§ 41-12-101 — 41-12-124) › Section 41-12-102 - Powers of regional jail authority - Taxation of property and revenues

(a)
It is declared that a regional jail authority created pursuant to this chapter shall be a public and governmental body acting as an agency and instrumentality of the creating and participating governmental entities, and that the powers exercised by the authority are declared to be for a public and governmental purpose and a matter of public necessity.
(b)
The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes.
Acts 2008, ch. 1092, § 3.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 12 - REGIONAL JAIL AUTHORITY ACT (§§ 41-12-101 — 41-12-124) › Section 41-12-103 - Purpose of authority

The general purpose of an authority created pursuant to this part is declared to be that of:
(1)
Acquiring, constructing, equipping, maintaining, and operating a jail or workhouse or jails or workhouses and the usual facilities appertaining to those undertakings;
(2)
Enlarging, renovating, and improving such facilities;
(3)
Acquiring the necessary property for the facilities, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of the facilities, including real property, and in the sale or purchase of any such property to comply with state or local purchasing laws; and
(4)
Doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of those types of undertakings.
Acts 2008, ch. 1092, § 4.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 12 - REGIONAL JAIL AUTHORITY ACT (§§ 41-12-101 — 41-12-124) › Section 41-12-104 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" means a regional jail authority created pursuant to this chapter;
(2)
"Board" means the board of commissioners of an authority;
(3)
"Bonds" includes notes, interim certificates or other obligations of an authority;
(4)
"Creating governmental entity" means a county, including a county that has a metropolitan form of government, or a municipality that by resolution or ordinance of its governing body elects to join together with one (1) or more counties or one (1) or more municipalities to create an authority pursuant to this chapter;
(5)
"Executive officer" means the county mayor or other chief executive officer of any creating or participating governmental entity;
(6)
"Governing body" means the chief legislative body of any local governmental entity;
(7)
"Jail" includes workhouses in accordance with chapter 2 of this title;
(8)
"Local governmental entity" means any county, including a county having a metropolitan form of government, and may include a municipality;
(9)
"Municipality" means a municipality that has a municipal jail and has concurrent jurisdiction with the general sessions court over state misdemeanors or that, pursuant to §
16-18-311
, builds a jail and obtains approval to acquire such concurrent jurisdiction, to create or participate in an authority pursuant to this chapter;
(10)
"Participating governmental entity" means a local governmental entity, that, pursuant to a resolution, or in the case of a municipality, an ordinance, of its governing body, elects to participate in a regional jail authority; and
(11)
"State" means the state of Tennessee.
Acts 2008, ch. 1092, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 12 - REGIONAL JAIL AUTHORITY ACT (§§ 41-12-101 — 41-12-124) › Section 41-12-105 - Creation of authority - Resolution and hearing - Transfer of employees - Costs

(a)
The governing bodies of two (2) or more local governmental entities, may create a regional jail authority in the manner provided for in this chapter. The authority shall be subject to all rights, privileges, and obligations contained in §§
41-4-139
,
41-4-140
,
41-7-103
, and chapter 8 of this title.
(b)
(1)
Each governing body of a governmental entity proposing to create an authority shall adopt, and its executive officer shall approve, a resolution calling a joint public hearing involving all interested local governmental entities in the enterprise to create a regional jail authority on the question of creating an authority.
(2)
Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdictional bounds of the governmental entity proposing to create an authority, the last publication to be at least one (1) week prior to the date set for the hearing.
(c)
The hearing shall be had before the combined governing bodies of the respective local governmental entities pursuing the creation of a regional jail authority and all interested persons shall have an opportunity to be heard.
(d)
(1)
After the hearing, if at least two (2) governing bodies determine that the public convenience and necessity require the creation of an authority, the governing bodies shall individually adopt, and their executive officers shall approve, a resolution or an ordinance, in the case of a municipality, so declaring and creating an authority, which resolution or ordinance shall reference this chapter as the governing statute to create the authority and include the names of the creating governmental entities, the name of the authority and also designate the name and principal office address of the authority.
(2)
A certified copy of the resolution or ordinance shall be filed with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in §
41-12-106
, and upon that adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
(e)
Whenever an authority is created under this chapter, the creating governmental entity and any participating governmental entity shall enter into an agreement with the authority for the orderly transfer of jail or correctional employees of the governmental entities to the authority.
(f)
Each governmental entity participating in the authority shall pay its pro rata share of all expenses and costs of the authority.
Acts 2008, ch. 1092, § 6.