reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Serious offender" means any person who is convicted in this state, on or after July 1, 2004, of any offense that may cause "serious bodily injury" as defined in §
39-11-106
. "Serious offender" includes any person who is convicted in any other jurisdiction of any offense that would constitute a serious offense as defined in this part. "Serious offender" also includes any person who has been released on probation or parole following a conviction for any serious offense, as defined in this part, to the extent that the person continues to be subject to active supervision by the department of correction;
(2)
"Sexual offense" means any of the crimes enumerated in §
40-39-202(20)
, including specifically:
(A)
The commission of any act that constitutes the criminal offense of:
(i)
Aggravated rape, under §
39-13-502
;
(ii)
Rape, under §
39-13-503
;
(iii)
Aggravated sexual battery, under §
39-13-504
;
(iv)
Sexual battery, under §
39-13-505
;
(v)
Statutory rape, under §
39-13-506
;
(vi)
Sexual exploitation of a minor, under §
39-17-1003
;
(vii)
Aggravated sexual exploitation of a minor, under §
39-17-1004
;
(viii)
Especially aggravated sexual exploitation of a minor, under §
39-17-1005
;
(ix)
Incest, under §
39-15-302
;
(x)
Rape of a child, under §
39-13-522
;
(xi)
Sexual battery by an authority figure, under §
39-13-527
;
(xii)
Solicitation of a minor, under §
39-13-528
;
(B)
Criminal attempt, under §
39-12-101
, solicitation, under §
39-12-102
, or conspiracy, under §
39-12-103
, to commit any of the offenses enumerated within subdivision (2)(A); or
(C)
Criminal responsibility under §
39-11-402(2)
for facilitating the commission under §
39-11-403
of, or being an accessory after the fact under, §
39-11-411
to any of the offenses enumerated in subdivision (2)(A); and
(3)
"Violent sexual offender" means any person who is convicted in the state, on or after July 1, 2004, of any sexual offense, as defined in subdivision (2) or §
40-39-202
; or any person who is convicted in any other jurisdiction of any offense that would constitute a sexual offense in Tennessee. "Violent sexual offender" also includes any person who has been released on probation or parole following a conviction for any sexual offense, as defined in subdivision (2), to the extent that the person continues to be subject to active supervision by the department of correction as defined in law. For the purposes of this section, "violent sexual offender" may include offenders whose sexual offense was reduced by virtue of a plea agreement.
Acts 2004, ch. 899, § 5; 2006, ch. 890, § 21; 2012, ch. 727, § 50.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-302 - Establishment of program - Promulgation of guidelines - Duties

(a)
The department of correction is authorized to establish a serious offender and violent sexual offender monitoring program and to promulgate guidelines governing it, consistent with this part.
(b)
The department of correction shall carry out the following duties:
(1)
By December 31, 2004, in consultation with all participating state and local law enforcement, the department of correction shall develop implementing guidelines for the continuous satellite-based monitoring of serious offenders and violent sexual offenders. The system may provide:
(A)
Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology;
(B)
Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and
(C)
An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation;
(2)
(A)
Prior to June 30, 2005, the department of correction shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C);
(B)
The department of correction's contract with this vendor may provide for services necessary to implement or facilitate any of this part including the collection and disposition of the charges and fees provided for in this part and §
40-28-201(a)(2)
and to allow for the reasonable cost of collection of the proceeds.
Acts 2004, ch. 899, § 5; 2005, ch. 179, §§ 1, 2; 2012 , ch. 727, § 51.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-303 - Enrollment in satellite-based monitoring programs as mandatory condition of release

(a)
Notwithstanding any other law, the board of parole may require, as a mandatory condition of release for any person convicted of a sexual offense as defined in §
40-39-301
, that any person so released be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of §
40-39-302
.
(b)
The board of parole may require, as a mandatory condition of release for any person convicted of a serious offense as defined in this chapter or for other offenders as the board deems appropriate, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of §
40-39-302
.
(c)
Offender participation in a location tracking and crime correlation based monitoring and supervision program under this section shall be at the discretion of the department or as mandated by the board of parole and shall conform to the participant payment requirements stated in §
40-39-305
and be based upon the person's ability to pay.
(d)
Notwithstanding any other law, the court shall require any person who is, on or after July 1, 2017, placed on probation for an offense that would qualify the person as a child rapist or a child sexual predator under §
39-13-523(a)
and who does not maintain either a primary or secondary residence, to enroll in a satellite-based monitoring and supervision program for the full extent of the person's term of probation.
Amended by 2017 Tenn. Acts, ch. 311,s 1, eff. 7/1/2017.
Acts 2004, ch. 899, § 5; 2012, ch. 727, § 52.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-304 - Offense of intentional tampering with, removal of, or vandalism to device - Aiding, abetting or assisting

(a)
Intentional tampering with, removal of, or vandalism to a device issued pursuant to a location tracking and crime correlation based monitoring and supervision program described in §
40-39-302
by a person duly enrolled in the program is a Class A misdemeanor for the first offense, punishable by confinement in the county jail for not less than one hundred eighty (180) days. The minimum one hundred eighty-day sentence provided for this Class A misdemeanor offense is mandatory, and no person committing the offense shall be eligible for suspension of sentence, diversion, or probation until the minimum sentence is served in its entirety. A second or subsequent violation under this section is a Class E felony. Additionally, if the person violating this section is on probation, parole or any other alternative to incarceration, then the violation shall also constitute sufficient grounds for immediate revocation of probation, parole or other alternative to incarceration. Any violation of this section shall result in the imposition of the mandatory release condition specified in §
40-39-303(a) and (b)
.
(b)
Any person who knowingly aids, abets, or assists a person duly enrolled in a location tracking and crime correlation based monitoring and supervision program described in §
40-39-302
in tampering with, removing or vandalizing a device issued pursuant to the program commits a Class A misdemeanor.
Acts 2004, ch. 899, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-305 - Fees - Waiver of fees

(a)
The department of correction is authorized to assess a daily or monthly fee, as the department deems reasonable and necessary to effectuate the purposes of this program, from serious offenders and violent sexual offenders who are required by the board or the department to participate in the sexual offender monitoring program described in §
40-39-302
. This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system. Fees assessed by the department pursuant to this program may be collected in accordance with §
40-39-302(b)(2)(A)
.
(b)
The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.
Acts 2004, ch. 899, § 5; 2012 , ch. 727, § 53.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 3 - TENNESSEE SERIOUS AND VIOLENT SEX OFFENDER MONITORING PILOT PROJECT ACT (§§ 40-39-301 — 40-39-306) › Section 40-39-306 - Sharing of criminal incident information across state agencies and with vendor - Correlation reports

Notwithstanding any other provision of law, the department of correction, the board of parole, the Tennessee bureau of investigation and all local law enforcement agencies are specifically authorized to share criminal incident information, limited to the time, place and nature of the crime, with each other and the vendor selected by the department to carry out the purposes of this part, and the department is authorized to direct the vendor so chosen to use data collected pursuant to §
40-39-302(b)
in preparing correlation reports as described in that subsection for distribution to and use by state and local law enforcement agencies.
Acts 2004, ch. 899, § 5.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-101 - State prisons - Penitentiary defined - Correctional facilities

(a)
The penitentiary located upon the farm purchased by the state from M. S. Cockrill, near Nashville in Davidson County, is the state prison, in which convicts sentenced to imprisonment in the penitentiary shall be confined, employed and governed, as provided in this title; but they may be confined and employed in branch prisons as authorized by law.
(b)
"Penitentiary" means and includes the Tennessee state penitentiary in Nashville, Brushy Mountain penitentiary, Fort Pillow state farm and the other penal institutions, reformatories, branches and facilities that may hereafter be acquired, built, constructed or maintained by the state for the purpose of confinement of persons, both male or female, who have been convicted of violating the criminal laws of this state and sentenced to imprisonment in the penitentiary.
(c)
The state regional correctional facility located in Bledsoe County is designated, and shall hereafter be known, as the "Southeastern Tennessee State Regional Correctional Facility."
(d)
The state special needs correctional facility located in the River Bend area of Davidson County is designated, and shall hereafter be known, as the "Lois M. DeBerry Special Needs Facility."
Code 1858, § 5436; Acts 1895 (Ex. Sess.), ch. 7, § 2; Shan., § 7453; mod. Code 1932, § 12062; Acts 1963, ch. 180, § 1; T.C.A. (orig. ed.), § 41-101; Acts 1985, ch. 7, § 1; 1992, ch. 746, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-103 - Oath of officers and employees

(a)
All officers and other persons so employed to control and manage the penitentiary for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath:
I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution.
(b)
The oaths of the assistant or deputy commissioners, wardens and superintendents shall be filed with the secretary of state. The oaths of all other employees shall be filed with the commissioner of correction.
(c)
The violation of this oath by any of the officers or employees shall be perjury, punishable as in other cases of perjury.
Code 1858, § 5453; Acts 1871, ch. 94, § 8; impl. am. Acts 1883, ch. 171, § 20; Acts 1895 (Ex. Sess.), ch. 7, § 9; Shan., § 7461; mod. Code 1932, § 12064; T.C.A. (orig. ed.), § 41-103; Acts 1984, ch. 659, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-104 - Warden - Duties

(a)
The warden has the charge and custody of the penitentiary, with the land, buildings, tools, implements and every other species of property within the precincts of the penitentiary, or appertaining to the penitentiary, under the direction and control of the commissioner of correction.
(b)
The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.
Code 1858, §§ 5466, 5467; Shan., §§ 7486, 7487; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12081, 12082; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, § 2; Acts 1980, ch. 755, § 3; T.C.A. (orig. ed.), §§ 41-104 -- 41-106; Acts 1990, ch. 942, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-105 - Reports to commissioner

The commissioner may require stated reports, in writing, from the warden, physician and other officers as to the condition of the establishment and its inmates.
Code 1858, § 5456 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1871, ch. 94, § 5; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7470; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12066; T.C.A. (orig. ed.), § 41-116.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-106 - Visits by commissioner

The commissioner or the commissioner's agent shall, once a month, or more often if the person thinks it necessary, visit the penitentiary for the purpose of determining whether the laws, rules and regulations relative to the operation and maintenance of the penitentiary are duly observed, and the officers are competent, vigilant and faithful and the inmates properly governed.
Code 1858, § 5458 (deriv. Acts 1829, ch. 38, § 12); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7472; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 3, 42, 60; Code 1932, § 12067; Acts 1980, ch. 913, § 1; T.C.A. (orig. ed.), § 41-117.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-107 - Examination of witnesses

(a)
The commissioner of correction is authorized to summon any witness or witnesses to appear before the commissioner to testify under oath in regard to any matter touching or relative to either the main state penitentiary or branch prisons.
(b)
The commissioner is given the right to administer the oath to all the witnesses so summoned, or the witnesses may be sworn before any officer authorized by law to administer oaths.
Acts 1909, ch. 535, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7581a1; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12180; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-118.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-108 - Insurance on property

The buildings, shops and other property belonging to the state, connected with the penitentiary, may be insured by the commissioner.
Acts 1889, ch. 204, § 30; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7473; impl. am. Acts 1919, ch. 39, §§ 1, 2; Acts 1923, ch. 7, § 42; mod. Code 1932, § 12068; T.C.A. (orig. ed.), § 41-119.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-109 - Repairs and improvements

The warden may, with the consent and advice of the commissioner of correction, make repairs and improvements and build additional cells, as may be necessary, using for those purposes the labor of the inmates as far as practicable.
Code 1858, § 5468; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7488; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12083; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-120.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-110 - Funds - Accounting - Collections - Expenditures - Surplus

(a)
It is the duty of the warden to keep a correct account of all moneys received or disbursed by the warden for the penitentiary and to lay before the commissioner of correction, monthly, a detailed statement thereof.
(b)
The warden of the Tennessee state penitentiary and the warden of the Brushy Mountain penitentiary shall transmit on or before Monday of each week to the state treasurer all the moneys collected by them from every source and shall forward to the commissioner a detailed statement of the collections.
(c)
The state treasurer shall credit the moneys received to separate accounts kept in the name of the institution.
(d)
(1)
The funds deposited may be used by the commissioner for the payment of duly authorized purchases of supplies, goods, wares, merchandise and produce used in the maintenance or operation of the institutions, for the payment of salaries, wages and compensation of employees, for the purchase of livestock and equipment for the farms and for new machinery, for machinery repairs, for building and for building repairs and for all necessary and legitimate expenses connected with or incident to the operation of these institutions.
(2)
Any new building or new equipment that will exceed one thousand dollars ($1,000) in cost shall be authorized in writing by the commissioner before the expenditures can be made.
(e)
Only the surplus after payment of all salaries, wages and expenses shall pass into the general funds of the state and be available for its debts, expenses and uses.
Code 1858, § 5469 (deriv. Acts 1829, ch. 38, § 18); impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7489; Acts 1919, ch. 30, § 24; impl. am. Acts 1919, ch. 39, § 5; Acts 1919, ch. 39, § 24; impl. am. Acts 1923, ch. 7, § 42; Shan. Supp. §§ 312b44-312b47; Code 1932, §§ 413-416; 12084; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-121 -- 41-125.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-111 - Preservation of records

All registers, returns and other documents relating to the affairs of the penitentiary are public documents and shall remain in the penitentiary. The warden shall preserve official copies of the warden's correspondence with the governor, commissioner of correction or other public officers and of any official communication the warden may receive from them.
Code 1858, § 5476; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, §§ 9, 12; Shan., § 7492; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12087; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-126.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-112 - Actions by commissioner

(a)
The commissioner is authorized to sue and to prosecute suits in the commissioner's own name as the commissioner, with reference to all matters pertaining to the penitentiary affairs of the state at the main prison, for the enforcement of all contracts made by the commissioner or by the commissioner's authority, for the collection of all debts or demands due the department of correction and to protect the property of the state in the commissioner's charge in the department.
(b)
(1)
The commissioner is authorized to sue and to prosecute suits:
(A)
For the collection of all demands due on account of the Brushy Mountain Coal Mines to enforce all contracts made with the commissioner in the name of the Brushy Mountain Coal Mines;
(B)
To protect the Brushy Mountain Coal Mines and coal lands, the improvements upon the Brushy Mountain Coal Mines and coal lands and all property in the commissioner's charge in the department; and
(C)
As to any and all matters growing out of the state coal mining enterprise.
(2)
These suits shall be brought and prosecuted in the commissioner's own name or in the name of the Brushy Mountain Coal Mines.
Acts 1903, ch. 278, §§ 1, 2; impl. am. Acts 1915, ch. 20, § 9; Shan., §§ 7474a1, 7474a2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 12070, 12071; T.C.A. (orig. ed.), §§ 41-127, 41-128.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-113 - Report to governor

The commissioner shall report to the governor, forthwith, all violations of law or omissions or neglect of duty by the warden or other officers and employees about the penitentiary.
Code 1858, § 5459; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7476; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12074; T.C.A. (orig. ed.), § 41-130.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-114 - Report to general assembly

The commissioner shall transmit to the general assembly, at each regular session of that body and during the first week of the session, a report in full of the transactions of the penitentiary during the two (2) years preceding the report, and showing, among other things:
(1)
The number of inmates confined in the penitentiary;
(2)
The offenses for which committed;
(3)
Their ages, previous occupation, birth place and residence;
(4)
Their respective periods of imprisonment;
(5)
The different kinds of businesses in which they are employed;
(6)
How many employed in each; and
(7)
The profit or loss.
Code 1858, § 5460 (deriv. Acts 1829, ch. 38, § 13); impl. am. Acts 1883, ch. 171, § 21; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7477; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12075; T.C.A. (orig. ed.), § 41-131.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-115 - Persons authorized to possess otherwise prohibited items

(a)
The warden or superintendent of each state penal or correctional institution shall post in a conspicuous place in the institution and shall keep up to date a list of the names of guards, employees and other persons authorized to have in their possession while upon the grounds of the institution any of the contraband items listed in §
39-16-201(b)(1)
, together with a complete description of the item or items the persons are authorized to have in their possession.
(b)
When and if the warden or superintendent authorizes any person not on the posted list to have possession, while upon the grounds of the institution, of any contraband item listed in §
39-16-201(b)(1)
, the superintendent shall provide the person with written authorization.
Acts 1961, ch. 143, § 2; T.C.A., § 41-133.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-116 - Qualifications of correction officers

Any person employed as a correctional officer by the department of correction shall:
(1)
Be at least eighteen (18) years of age;
(2)
Be a citizen of the United States;
(3)
Be a high school graduate or its equivalent as determined by the board of control of the Tennessee corrections institute;
(4)
Have fingerprints on file with the Tennessee bureau of investigation;
(5)
Have passed a physical examination by a licensed physician;
(6)
Have a good moral character as determined by investigation;
(7)
Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform any essential function of the job, with or without a reasonable accommodation; and
(8)
Have successfully completed appropriate basic training at the Tennessee corrections institute as prescribed by the board of control of the institute. This requirement must be met within six (6) months from the initial date of employment. An extension of this time period may be granted to present correctional employees by the board of control of the institute. The employees shall also complete appropriate refresher courses each year as prescribed by the board of control of the institute.
Amended by 2013 Tenn. Acts, ch. 137,s 5, eff. 4/12/2013.
Acts 1976, ch. 825, § 2; T.C.A., § 41-136; Acts 1991, ch. 276, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-117 - Retaking of prisoners absconding from work release or violating furlough agreements

(a)
The commissioner of correction may issue a warrant to retake any prisoner sentenced to the state penitentiary who has absconded while on a work release program or violated the condition of that prisoner's furlough agreement. The warrant shall not be bondable.
(b)
Upon proper showing by the department that a prisoner was released in error, the sentencing judge or the judge in the county from which the individual was released may issue a warrant for the retaking of the prisoner. The warrant may be acted upon by those employees of the department of correction designated by the commissioner who have been trained in the use of firearms and are vested with the powers and authority of law enforcement officers pursuant to §
4-3-609
. The warrant may also be acted upon by any law enforcement officer authorized to make arrests. The warrant shall not be bondable.
Amended by 2015 Tenn. Acts, ch. 54,s 1, eff. 4/6/2015.
Acts 1977, ch. 72, § 1; T.C.A., § 41-137.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-118 - Dogs for detecting drugs

(a)
The commissioner of correction may maintain at least one (1) dog trained to detect marijuana and other illicit substances at each correctional facility in the commissioner's charge; but where more than one (1) correctional facility is located within a county, the commissioner may maintain one (1) dog to serve in the several facilities if this appears to the commissioner to be adequate to locate and detect the substances.
(b)
These dogs may be used on a regular basis, or at irregular times and intervals, to survey inmates and areas inhabited or frequented by inmates in order to locate and detect marijuana and other illicit substances. The dogs may also be used to check persons entering into correctional facilities or their grounds to detect the introduction of marijuana and other illicit substances.
Acts 1983, ch. 120, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-119 - Urinalysis drug screening program

(a)
A urinalysis drug screening program shall be established within the department of correction. Every thirty (30) days, a urine sample shall be taken from each of twenty-five (25) prison inmates selected at random who are confined in each state correctional institution; and a urinalysis shall be performed to determine the presence of drugs. A positive result shall be investigated by the department to determine whether the result emanated from the prison inmate's use of legally prescribed medicine or whether it resulted from the use of illegal drugs.
(b)
The commissioner has the authority to promulgate necessary rules and regulations to implement this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. These rules shall provide detailed guidelines and standards for the manner in which the urine samples are taken and the manner in which the investigations required by this section are conducted.
Acts 1985 (1st Ex. Sess.), ch. 9, § 1; 1993, ch. 141, §§ 1, 2; T.C.A., §
41-1-120
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-120 - Improvement of penitentiary at Petros

Notwithstanding any other law to the contrary, it is the highest priority that the penitentiary at Petros be improved, renovated or rebuilt as necessary to make the institution suitable for use as a time-building institution to house maximum security inmates, primarily, and also medium security or other inmates. The institution shall be named the Brushy Mountain State Penitentiary and shall be the primary maximum security prison designed to house the highest security risk inmates in the system.
Acts 1985 (1st Ex. Sess.), ch. 5, § 47; T.C.A., §
41-1-121
.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-122 - Chemically dependent county inmates and prisoners - Pilot project - State funds

(a)
Acting in consultation with the commissioner of correction, the board of parole and the commissioner of mental health and substance abuse services, the county mayor of any county in this state is authorized to establish a pilot project to provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county prisoners and state inmates housed within county correctional facilities. The pilot project shall also provide an intensive program of diagnosis, treatment and rehabilitation for chemically dependent county and state parolees residing within the county. Records shall be maintained to document and evaluate the effectiveness of the pilot project and, to the extent possible, shall include information regarding recidivism among project participants.
(b)
Notwithstanding any provision of this section to the contrary and notwithstanding the fact that state inmates housed within county correctional facilities may participate in programs established pursuant to this section, no state funds shall be obligated or expended to implement this section.
Acts 1991, ch. 427, §§ 1, 2; 1998, ch. 1049, § 54; T.C.A., §
41-1-123
; Acts 2003, ch. 90, § 2; 2010, ch. 1100, § 69; 2012, ch. 575, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-123 - Diversion centers for technical violators

(a)
The department of correction, in cooperation with the board of parole, is authorized to establish a diversion program at one (1) or more locations in the state. The program shall provide a structured environment for selected parole technical violators based upon a therapeutic community model. Participants in the program shall, at a minimum, be required to take part in counseling, educational and other programs as the department deems appropriate, to provide community service and to submit to drug and alcohol screening.
(b)
Parole technical violators referred by the board of parole for participation in the diversion program shall not be placed in the program, unless and until the offender has been classified by the department as a suitable candidate for the program, in accordance with policies and guidelines developed jointly by the department and the board.
(c)
At its discretion, the department is authorized to operate any program established under this section in conjunction with the special probation technical violator program established under the authority of title 40, chapter 20, part 3.
(d)
As used in this section, "parole technical violator" means an offender who has violated the conditions of parole other than by the commission of a new felony offense.
Acts 2006, ch. 666, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-124 - 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, the commissioner of correction shall not accept an out-of-state prisoner for incarceration within any prison or facility operated by the department 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, or arrangements for release in some place other than the sending state are made in accordance with the Interstate Corrections Compact, compiled in chapter 23, part 1 of this title.
Acts 2007 , ch. 110, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-125 - Local pre-release programs

(a)
The commissioner is authorized to enter into agreements with local governmental entities for the transfer of appropriate department of correction inmates to confinement in a local facility to participate in local pre-release programs. Participation by any county in such a program is voluntary.
(b)
No inmate shall be considered for transfer under an agreement authorized by this section unless expiration of the inmate's sentence is anticipated to occur within one (1) year after the transfer, or unless the inmate has been recommended for release on parole by the board of parole.
(c)
No inmate shall be considered for transfer under an agreement authorized by this section unless the inmate is considered a nonviolent offender.
(d)
The transfer of a department of correction inmate to physical custody in a local facility under this section does not operate to reinvest the trial court with jurisdiction over the manner of the inmate's sentence service. An inmate transferred under this section will be removed from the program and returned to the physical custody of the department at the sole discretion of the department.
Acts 2008 , ch. 881, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-126 - Validated risk and needs assessment

(a)
As used in this section, "validated risk and needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.
(b)
The department of correction and community corrections agencies shall perform a validated risk and needs assessment on each felony offender under its supervision or custody upon receipt of the person and at least annually throughout the period of supervision or custody.
(c)
The validated risk and needs assessment shall be used by the department, community corrections agencies, the board of parole, and the courts in making decisions and recommendations on programming and treatment options and post-prison supervision conditions for those who have been incarcerated.
(d)
Portions of the validated risk and needs assessment shall be shared with community providers upon release, as deemed appropriate by the department, while respecting the privacy rights of the offender.
Added by 2016 Tenn. Acts, ch. 906,s 13, eff. 1/1/2017.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-127 - Survey evaluating employment conditions and factors relating to retention of correction officers - Annual report

In addition to other reports required by this part, the commissioner shall develop and administer a survey of each correction officer who resigns, is terminated, or is transitioned to a position other than correction officer for the purpose of evaluating employment conditions and factors that contribute to or impede the retention of correction officers. The commissioner shall submit an annual report to the governor and the chair of the state and local government committee of the senate and the chair of the state government committee of the house of representatives on or before December 1 on the results of the surveys in a manner that ensures the confidentiality of the name and other personally identifiable information of each correction officer.
Acts 2018, ch. 859, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 1 - GENERAL PROVISIONS (§§ 41-1-101 — 41-1-128) › Section 41-1-128 - Annual training about human trafficking

The department of correction shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate correction personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must inform correction personnel of the signs and signals of human trafficking in correctional facilities as well resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 2, eff. 1/1/2023.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 2 - WOMEN'S PENITENTIARY (§§ 41-1-201 — 41-1-203) › Section 41-1-201 - Female unit established

The female unit of the state penitentiary shall be a separate institution apart from the administration of the main prison and shall remain a separate unit of the department of correction, but governed by the laws, not in conflict with this chapter, as were in force on July 1, 1965, governing the state penitentiary at Nashville, Brushy Mountain Penitentiary, Fort Pillow State Farm, and other penal institutions, reformatories, branches or facilities of the department.
Acts 1965, ch. 178, § 1; T.C.A., § 41-1701.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 2 - WOMEN'S PENITENTIARY (§§ 41-1-201 — 41-1-203) › Section 41-1-202 - Appointment and qualifications of warden

(a)
The warden of the female penitentiary of this state shall be subject to appointment or discharge by the commissioner of correction, upon approval of the governor.
(b)
The warden:
(1)
Shall, at the time of appointment, be not less than twenty-five (25) years of age;
(2)
Shall be qualified to be proficient in the management of a state penal institution;
(3)
Will hold a masters degree from a duly accredited approved university in business administration, education or penology and correction; or
(4)
Have other qualifications that, in the opinion of the commissioner, would be equal to or greater than the qualifications listed in subdivisions (b)(1)-(3).
Acts 1965, ch. 178, §§ 1, 2; T.C.A., § 41-1702; Acts 1990, ch. 942, § 1.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 2 - WOMEN'S PENITENTIARY (§§ 41-1-201 — 41-1-203) › Section 41-1-203 - Authority and powers

The warden of the female institution mentioned in §
41-1-201
shall be endowed with the same authority, powers and provisions of the law as are now enjoyed by the warden of the state penitentiary.
Acts 1965, ch. 178, § 3; 1972, ch. 576, § 24; T.C.A., § 41-1703.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 1 - PENITENTIARY (§§ 41-1-101 — 41-1-605) › Part 4 - LEGISLATIVE GUIDELINES FOR CORRECTIONAL POLICY (§§ 41-1-401 — 41-1-413) › Section 41-1-401 - Legislative findings

(a)
In order to maintain continuity relative to present and future correctional policy in Tennessee and to provide a framework to guide present and future correction administrations when making policy decisions, the general assembly finds that a statutorily determined policy regarding certain important correctional issues is essential.
(b)
The general assembly also encourages the department to initiate innovative programs, administrative policy and management techniques designed to operate the correctional system with maximum benefit at minimum cost and potential for violence as long as the policies and techniques are consistent with the framework of legislative intent established by this part.
Acts 1983, ch. 467, § 1.