2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 21 - INMATES (§§ 41-21-101 — 41-21-1006) › Part 10 - INMATE DISCIPLINARY OVERSIGHT BOARD (§§ 41-21-1001 — 41-21-1006) › Section 41-21-1002 - Autonomous inmate oversight board - Board composition and authority - Initial appointments - Considerations for appointments - Removal of members

(a)
There is created a full-time, autonomous inmate disciplinary oversight board. The purpose of the board is to review the grant, denial, and removal of inmate sentence credits by a warden for good institutional behavior and to determine whether sentence credits previously awarded should be removed for commission of a major infraction designated by the department as a Class A disciplinary offense or for an inmate's refusal to participate in an assignment.
(b)
(1)
The board is composed of nine (9) members who shall be appointed by the governor, the speaker of the senate, and the speaker of the house of representatives as follows:
(A)
Three (3) members of the board shall be appointed by the governor;
(B)
Three (3) members of the board shall be appointed by the speaker of the senate; and
(C)
Three (3) members of the board shall be appointed by the speaker of the house of representatives.
(2)
The appointing authorities in subdivision (b)(1) shall appoint one (1) member from each grand division of the state.
(c)
The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties, including the submission of budget requests to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources.
(d)
In all respects, the board is separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees are subject to the budgetary, accounting, personnel, purchasing, and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4.
(e)
In making the initial appointments made under this section, the speaker of the senate shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The speaker of the house of representatives shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. The governor shall appoint one (1) member to a term expiring on January 1, 2028; one (1) member to a term expiring on January 1, 2027; and one (1) member to a term expiring on January 1, 2026. Thereafter, all members shall serve six-year terms and are eligible for reappointment.
(f)
In considering persons for appointment, the appointing authority shall give preference to candidates with training, education, or experience in the criminal justice system, law, corrections, behavioral science, or mental health. A member of the board shall not hold any other salaried public office, whether elective or appointive, and a member of the board shall not engage for pay in any other business or profession.
(g)
(1)
Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal, or any other reason must be filled in the same manner as the regular appointment for the remainder of the unexpired term.
(2)
An appointed member of the board serves in such capacity until the expiration of the term to which the member was appointed and until the member's successor is duly appointed and qualified.
(h)
The governor may remove a member of the board whom the governor appointed for cause. The speaker of the senate or the speaker of the house of representatives may remove a member of the board whom the respective speaker appointed for cause.
(i)
The members of the board shall elect one (1) member of the board to serve as its chair for a term of two (2) years beginning January 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this part. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated has and performs all the powers and duties of the chair of the board.
Amended by 2024 Tenn. Acts, ch. 898,s 1, eff. 5/1/2024.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.