reglab/statecodes huggingface dataset:
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 7 - RELEASE PRIVILEGES (§§ 41-21-701 — 41-21-705) › Section 41-21-703 - Contents of Part II of roster - Reporting guidelines

(a)
Part II of the roster shall be divided into sections. Each state-operated correctional institution that houses inmates who participate in the work release, restitution release or educational release program shall comprise one (1) section. Each section shall provide the following information relative to participants in the work release, restitutional release, educational release, inmate staff and prerelease programs:
(1)
(A)
The name of each inmate who was guilty of an unexcused absence or escape;
(B)
The period of the absence or escape or the fact that the inmate is at large; and
(C)
The disciplinary action taken relative to the absence or escape;
(2)
(A)
The name of each inmate who was guilty of a departmental or institutional rule violation other than unexcused absence or escape;
(B)
A general statement identifying the nature of the rule so violated; and
(C)
The disciplinary action taken relative to the violation;
(3)
(A)
The name of each inmate who was arrested for or charged with a criminal offense allegedly committed while participating in the work release, restitutional release, educational release, inmate staff or prerelease program;
(B)
A general statement identifying the nature of the crime allegedly committed; and
(C)
The status of the prosecution of the inmate; and
(4)
(A)
The name of each inmate who was voluntarily or involuntarily sent to another correctional institution for any reason other than release from incarceration; and
(B)
A general statement identifying the reason for the ejection.
(b)
The department is authorized to include any additional information as it determines is needed for clarification or for justification of a relevant departmental action.
(c)
The commissioner of correction or the commissioner's designee shall promulgate such guidelines as may be necessary to ensure that the institutions affected by this section compile and report the information required by this section in an efficient, thorough, and uniform manner.
Acts 1980, ch. 721, § 4; T.C.A., § 41-25-103.
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 7 - RELEASE PRIVILEGES (§§ 41-21-701 — 41-21-705) › Section 41-21-704 - Publication - Effective periods

(a)
A new roster shall be published each month.
(b)
The effective period of Part I shall be and include the month in which the list is published. Part I shall identify all inmates who will participate under any one (1) or more release programs during the effective period of Part I.
(c)
The effective period of Part II shall include and be the second month preceding publication. Part II shall report all information required by §
41-21-703
that occurred during the effective period of Part II.
Acts 1978, ch. 873, § 3; 1980, ch. 721, § 2; T.C.A., §§ 41-2503, 41-25-104.
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 7 - RELEASE PRIVILEGES (§§ 41-21-701 — 41-21-705) › Section 41-21-705 - Advance notice of furloughs not required

The advance notice prerequisite as required by §
41-21-704
shall not apply to furloughs granted under the authority of §
41-21-227
; however, the issuance of those furloughs shall be indicated on the roster published immediately following issuance of the furloughs.
Acts 1978, ch. 873, § 5; T.C.A., §§ 41-2505, 41-25-105.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-801 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Claim" means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief;
(2)
"Commissioner" means the commissioner of correction;
(3)
"Department" means the department of correction;
(4)
"Inmate" means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government; and
(5)
"Trust account" means an inmate's trust account administered by the department or by a county jail.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-802 - Applicability

This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-803 - Venue

Except as otherwise provided by law, an action that accrued while the plaintiff inmate was housed in a facility operated by the department or in a facility operated by a private corporation pursuant to a contract with the state or local government shall be brought in the county in which the facility is located.
Amended by 2015 Tenn. Acts, ch. 143,s 1, eff. 7/1/2015.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-804 - Dismissal of claim - Grounds - Factors for determination - Poverty hearings

(a)
A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that:
(1)
The allegation of poverty in the inmate's affidavit is false; or
(2)
The claim is frivolous or malicious.
(b)
In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not:
(1)
The claim has a chance of success;
(2)
The claim has a basis in law and in fact; and
(3)
The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.
(c)
The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court.
(d)
On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-805 - Affidavit of inability to pay - Requirements

(a)
Any inmate who files a claim with an affidavit of inability to pay costs shall file a separate affidavit with the following information:
(1)
A complete list of every lawsuit or claim previously filed by the inmate, without regard to whether the inmate was incarcerated at the time any claim or action was filed; and
(2)
For each claim or action listed in subsection (a):
(A)
The operative facts for which relief was sought;
(B)
The case name, case number and court in which the suit or claim was filed;
(C)
The legal theory on which the relief sought was based;
(D)
The identification of each party named in the action; and
(E)
The final result of the action, including dismissal as frivolous or malicious under this part or otherwise.
(b)
If the affidavit filed under this section states that a previous suit was dismissed as frivolous or malicious, the affidavit must state the date of the final order affirming the dismissal.
(c)
The affidavit must be accompanied by a current certified copy of the inmate's trust account statement.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-806 - Claims subject to review by grievance committees

(a)
An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the date the final decision was received by the inmate with a copy of the final decision from the grievance committee.
(b)
The court shall dismiss the claim if the inmate fails to file the claim before the thirty-first day after the date the inmate receives the final decision from the grievance committee.
(c)
If a claim is filed before the grievance procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed ninety (90) days to permit completion of the grievance procedure.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-807 - Accounting of inmate funds required as part of civil action - Payment of fees - Frivolous or malicious claims

(a)
An inmate seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security for the fees, in addition to filing the affidavit required by §
41-21-805
, shall submit a certified copy of the trust fund account statement, or the institutional equivalent, for the inmate for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each facility at which the inmate is or was confined.
(b)
(1)
If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly:
(A)
Deposits to the inmate's account; or
(B)
Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
(2)
After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid.
(3)
In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.
(4)
In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee.
(c)
In no event shall an inmate bring a civil action or appeal a judgment in a civil action or proceeding under this section if the inmate has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of this state or the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 2.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-808 - Award of costs - Requirement of payment of costs - Withdrawal from inmate's trust account - Separate from other methods of collection - Additional payments

(a)
Judgment may be rendered for costs at the conclusion of the suit, action, claim or appeal as in other proceedings. If the judgment against the inmate includes the payment of costs, the inmate shall be required to pay the full amount of costs ordered.
(b)
The clerk of the court shall mail a copy of the court's judgment taxing costs against the inmate to the department or county jail, as appropriate. On receipt of a copy of the judgment, the department or county jail shall withdraw funds from the inmate's trust account in the amounts provided by §
41-21-807(b)
for the collection of filing fees and shall forward the collected funds to the clerk of the court until the costs are paid in full or the inmate is released from confinement.
(c)
This section establishes an additional method for collecting costs separate from an execution or garnishment under title 26. The provisions of title 26, chapter 2 relative to exemptions and garnishments shall not apply to collections made pursuant to this section. In addition to collecting costs under this section, the clerk of the court may pursue any other means of collection provided for by law.
(d)
An inmate may authorize payments to the clerk of the court in addition to those payments authorized by this section.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 3; 2002, ch. 607, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-809 - Hearings - Video communications

The court may hold a hearing under this part at a county jail or a facility operated by the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witnesses.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-810 - Request for documents - Affidavits to be under oath

(a)
The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or an affidavit stating the substance of the testimony. An affidavit submitted under this section must be made under oath. A person submitting an affidavit or document under this section is not required to appear at the hearing.
(b)
A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court may require.
(c)
The court shall provide the inmate a copy of each affidavit or document not later than twenty-four (24) hours before the time at which the hearing is to begin.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-811 - Dismissal of claim or portion of claim

(a)
The court may enter an order dismissing the entire claim or a portion of the claim. If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to the provisions of §§
41-21-807
and
41-21-808
.
(b)
An order under this section is not subject to an interlocutory appeal by the inmate.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-812 - Filing of subsequent lawsuits not permitted until expenses paid - Injunctive relief

(a)
Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full.
(b)
A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-813 - Inmate questionnaires

In order to implement this part, a court may develop for its use a questionnaire to be completed and filed by the inmate.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-814 - Part not modifiable or repealable by supreme court

Notwithstanding any provision of law to the contrary, this part may not be modified or repealed by any rule promulgated or adopted by the supreme court.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-815 - Claims for preventive relief

This part does not authorize a claim for preventive relief against the department, an employee of the department or of any other agency, agent, employee or officer of this state if the claim is brought by a person housed in a facility operated by the department and the claim accrued while the person was housed in the facility.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-816 - Forfeit of good conduct credits

(a)
The commissioner shall forfeit an inmate's good conduct sentence reduction credits in the amount specified by subsection (b) on:
(1)
Receipt by the department of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a claim or lawsuit filed by an inmate while the inmate was in the custody of the department; and
(2)
A determination that the department has, on one (1) or more occasions, received a certified copy of a final order of a state or federal court dismissing as frivolous or malicious a claim or lawsuit filed previously by the inmate while the inmate was in the custody of the department.
(b)
On receipt of a final order described by subdivision (a)(1), the commissioner shall forfeit:
(1)
Sixty (60) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received one (1) final order described by subdivision (a)(2);
(2)
One hundred twenty (120) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received two (2) final orders described by subdivision (a)(2); or
(3)
One hundred eighty (180) days of an inmate's accrued good conduct sentence reduction credits if the department has previously received three (3) final orders described by subdivision (a)(2).
(c)
The commissioner may not restore good conduct sentence reduction credits forfeited under this section for any reason.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-817 - Grievance resolution system

(a)
The department shall develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department that qualifies for certification under
42 U.S.C. § 1997e
, and the department shall obtain certification under that section. A remedy provided by the grievance system is the exclusive administrative remedy available to an inmate for a claim for relief that arises while the inmate is housed in a facility operated by the department, other than a remedy provided by writ of habeas corpus challenging the validity of an action occurring before the delivery of the inmate to the department.
(b)
The grievance system must provide procedures for an inmate to identify evidence to substantiate the inmate's claim and for an inmate to receive copies of all formal written responses to the inmate's grievance.
Acts 1996, ch. 913, § 1.
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 8 - LAWSUITS BY INMATES (§§ 41-21-801 — 41-21-818) › Section 41-21-818 - Administrative procedures

Notwithstanding any law to the contrary, the commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1996, ch. 913, § 2.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-901 - Short title

This part shall be known and may be cited as the "Inmate Financial Responsibility Act of 1998."
Acts 1998, ch. 992, § 2.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-902 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Assets" means property, tangible or intangible, real or personal, belonging to or due an inmate or former inmate, including income or payments to the inmate from social security, workers' compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, insurance benefits or from any other source whatsoever, but does not include any of the following:
(A)
The homestead of the inmate;
(B)
Money received by the inmate from the state as settlement of a claim against the department by the inmate;
(C)
A money judgment received by the inmate from the state as the result of a civil action in which the department was a named defendant and found to be liable; and
(D)
Money saved by the inmate from wages and bonuses paid the inmate while the inmate was confined to a state correctional facility;
(2)
"Commissioner" means the commissioner of correction or the commissioner's designee;
(3)
"Cost of care" means the cost to the department of correction for providing transportation, room, board, clothing, security, medical and other normal living expenses of inmates under the jurisdiction of the department, as determined by the commissioner of correction;
(4)
"Department" means the department of correction;
(5)
"Inmate" means any person who is confined in a correctional facility under the jurisdiction of the department;
(6)
"State" means the state of Tennessee; and
(7)
"State correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department.
Acts 1998, ch. 992, § 3.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-903 - Inmate asset disclosure form

(a)
The department shall develop a form to be used by the department to obtain information from inmates regarding assets of the inmates.
(b)
Upon being developed, the form shall be submitted to each person who is an inmate as of June 28, 2010, and to any person who thereafter is sentenced to imprisonment under the jurisdiction of the department. The form shall be periodically resubmitted to an inmate by the department for purposes of obtaining current information regarding assets of the inmate. The department shall establish through rule the frequency with which such form shall be resubmitted.
(c)
Every inmate who is given a form by the department shall complete the form or provide for completion of the form, and the inmate shall swear or affirm under oath that to the best of the inmate's knowledge the information provided is complete and accurate.
Acts 1998, ch. 992, § 4; 2010, ch. 1113, § 1.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-904 - Inmate asset report

The department shall develop a report on each inmate who is required to complete a form in accordance with §
41-21-903
, together with all other information available on the assets of the inmate and an estimate of the total cost of care for that inmate.
Acts 1998, ch. 992, § 5.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-905 - Investigation of inmates' assets - Action for reimbursement of costs of incarceration

(a)
The department shall investigate or cause to be investigated each report furnished pursuant to §
41-21-904
.
(b)
If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate.
(c)
Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part.
Acts 1998, ch. 992, § 6.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-906 - Inmates required to cooperate - Lack of cooperation consideration in parole determination

(a)
An inmate shall fully cooperate with the state by providing complete financial information for purposes under this part.
(b)
The failure of an inmate to fully cooperate as provided in subsection (a) may be considered by the board of parole for purposes of a parole determination.
Acts 1998, ch. 992, § 7.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-908 - Use of remedies, interim orders and enforcement procedures allowed by law or court rule - Liens and other encumbrances - Appointment of receiver - Homestead exemption

(a)
(1)
Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part.
(2)
With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
(b)
To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver.
(c)
The attorney general and reporter or a prosecuting attorney shall not enforce any judgment obtained under this part by means of execution against the homestead of the inmate. The attorney general and reporter shall enforce this part, except that the attorney general and reporter may request the prosecuting attorney of the county in which the inmate was sentenced or the prosecuting attorney of the county in which any asset of an inmate is located to make an investigation or assist in a legal proceeding under this part.
Acts 1998, ch. 992, § 9.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-909 - Cooperation with attorney general and reporter - Costs of investigations - State treasurer to make determinations of amounts due

(a)
The sentencing judge, the sheriff of the county, the warden of the state correctional facility and the state treasurer shall furnish to the attorney general and reporter or prosecuting attorney all information and assistance possible to enable the attorney general and reporter or prosecuting attorney to secure reimbursement for the state under this part.
(b)
The costs of any investigations under this part shall be paid from the reimbursements secured under this part and the balance of the reimbursements shall be credited to the general fund of the state to be available for general fund purposes.
(c)
The state treasurer may determine the amount due the state in cases under this part and render statements of the amount due, and those sworn statements shall be considered prima facie evidence of the amount due.
Acts 1998, ch. 992, § 10.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-910 - Interagency cooperation to ensure child support obligations met

The department of correction, the attorney general and reporter, district attorneys general, the department of human services, and the department of labor and workforce development shall all cooperate and share information to the extent not prohibited by law concerning assets, workers' compensation settlements, and child support obligations of inmates in order that, to the maximum extent feasible, inmates should satisfy existing child support obligations, including arrearages, before the state receives reimbursement, including the costs of any investigations, pursuant to this part.
Acts 1998, ch. 992, § 12; 1999, ch. 520, § 39.
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 9 - INMATE FINANCIAL RESPONSIBILITY ACT OF 1998 (§§ 41-21-901 — 41-21-911) › Section 41-21-911 - Assignment of workers' compensation arrearages

Notwithstanding §
50-6-223(b)
, a court may assign up to fifty percent (50%) of workers' compensation made by periodic payments to pay an arrearage owed by an inmate who is confined in the custody of the department; provided, that the assignment is administered in accordance with §
50-2-105
.
Acts 1998, ch. 992, § 13.
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 41-21-1001 - Part definitions

As used in this part:
(1)
"Board" means the inmate disciplinary oversight board;
(2)
"Commissioner" means the commissioner of correction;
(3)
"Department" means the department of correction;
(4)
"Executive director" means the officer employed by the board as the chief administrative officer of the agency; and
(5)
"Sentence credits" means any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
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 41-21-1004 - Board office location - Salary of board members - Quorum of members - Reimbursement for travel

(a)
The permanent office of the board is in Nashville.
(b)
The board shall meet at least monthly at a time and place prescribed by the board. The board must take all votes by public ballot or public roll call. Secret ballots or secret roll calls are not permitted.
(c)
The salary of each member of the board is one hundred twenty thousand dollars ($120,000) annually with a cost of living adjustment every two (2) years. The salaries of employees of the board are set by the board. The requirements of §
40-28-103(a)
regarding personnel procedures apply to all actions under this subsection (c).
(d)
A majority of members of the board constitutes a quorum for official administrative business.
(e)
When appropriate, the members of the board and the board's employees shall be reimbursed for reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
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 41-21-1005 - Prison employees cooperation with board

The warden of each prison and all officers and employees of each prison and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers, and employees information as may be necessary to enable the board to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers, and employees free access to all prisoners confined in the prisons, workhouses, and jails of this state.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
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 41-21-1006 - Calculation of sentence expiration date

Notwithstanding another law to the contrary, the department of correction is responsible for calculating the sentence expiration date and the earliest release date of a felony offender sentenced to the department of correction and a felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years.
Added by 2023 Tenn. Acts, ch. 402, s 7, eff. 1/1/2024.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-101 - State farm

The Tennessee rehabilitative initiative in correction (referred to in this part as TRICOR) board shall operate the state farm and all appurtenances to its full capacity in the cultivation and production of crops of the character and kind best suited to be grown and produced on the land, and for this purpose inmates of the penitentiaries shall be employed under such rules, regulations, and conditions as may be prescribed by the board.
Acts 1915, ch. 114, § 2; Shan., § 7581a3; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12181; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-401; Acts 1994, ch. 737, § 6; 1996, ch. 564, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-102 - Construction of roads and buildings on state property

The commissioner has the authority and power to construct with the labor of inmates of the penitentiary any and all roads that may be found necessary and of value to the state's properties, and to construct and build, if, in the commissioner's opinion, it is necessary, separate hospitals and necessary appurtenances for contagious diseases on the state's property, and pay for them out of the funds belonging to the institution.
Acts 1915, ch. 114, § 2; Shan., § 7581a; 4; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12182; T.C.A., (orig. ed.), § 41-402.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-103 - Improvements and repairs of Brushy Mountain property

The commissioner may, during the summer season, provide employment for part of the inmates at the Brushy Mountain penitentiary in repairing or building any buildings that may be deemed necessary on the property, so that, in the event of the employment of a sufficient number of inmates of the Brushy Mountain penitentiary on the county roads, pikes, highways or railroads, the mining force at the Brushy Mountain penitentiary shall be reduced to not exceeding three hundred (300) men mining coal, burning coke and operating the mines during the road working season.
Acts 1915, ch. 114, § 10; Shan., § 7581a18; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12196; T.C.A. (orig. ed.), § 41-403.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-104 - Grading of railroads into state mines

(a)
The commissioner of correction may contract with any railroad company to do the grading of any railroad extension into the coal lands of the state and, in case the state engages to do the grading, the working of the inmates upon grade work is authorized. The working of the inmates shall be under the commissioner.
(b)
The commissioner may accept, in remuneration for the grading, county bonds or first mortgage bonds of a railroad.
Acts 1915, ch. 114, § 11; Shan., § 7581a19; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12197; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-404.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-105 - Sale of products of inmate labor

The commissioner is authorized to make contracts for the sale of coal and coke of the state mines and to dispose of all articles manufactured by the inmates for the state, to the best interests of the state, and pay the proceeds into the state treasury.
Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7474; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 12069; T.C.A. (orig. ed.), § 41-405.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-106 - Unlawful sales of coal or coal products

(a)
It is unlawful for any coal or coal products mined or produced as a result of inmate labor from the state mines at Petros or any other state-owned property to be sold to anyone other than the state itself for its own consumption or to the political subdivisions of the state. It is further unlawful to ship any of the state coal or transport it from the state mines, except for the use of the state, its political subdivisions or for charitable purposes.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 104, §§ 2, 3; C. Supp. 1950, §§ 12201.1, 12201.2 (Williams, §§ 12201.2, 12201.3); T.C.A. (orig. ed.), §§ 41-406, 41-407; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-107 - Reports and settlement of mining accounts

The mining engineer and other officials in charge of the mines, prisons and inmates shall make monthly reports to the commissioner of correction of all expenses, receipts and transactions connected with the mines, prisons and inmates. The commissioner shall make full and complete detailed reports of everything transpiring or connected with the state mines, prisons and inmates every three (3) months to the commissioner of revenue, and also make, at the same time, full settlements with the commissioner of revenue for all moneys received, or that should have been received, by the commissioner of correction and other state officials or agents connected with the state mines, prisons or inmates.
Acts 1895 (Ex. Sess.), ch. 7, § 18; impl. am. Acts 1915, ch. 20, § 9; Shan., § 7475; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 12073; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 41-408.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-109 - Contracts for sale or manufacture of products

(a)
The TRICOR board, with the approval of the governor, is authorized and directed to make contracts for the sale or manufacture of any article that may be manufactured in state shops. This section and §§
41-22-110
,
41-22-111
, and
41-22-115
are subject in all respects to §
41-22-116
.
(b)
Contracts for the sale or manufacture of such manufactured articles shall be made at such prices, and covering such periods of time, as in the opinion of the TRICOR board will best subserve and protect the interests of the state and the welfare of the inmates, subject to the rules and provisions set forth in §§
41-22-110
,
41-22-111
, and
41-22-115
.
Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; mod. C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-410; Acts 1994, ch. 737, §§ 8, 9; 1996, ch. 564, § 2.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-110 - Manufacturers for state

In the event the authorities authorized and empowered in §
41-22-109
to make contracts for the sale or manufacture of the articles to be manufactured in accordance with the plan provided for in §§
41-22-109
-
41-22-111
and
41-22-115
, are not able, after reasonable effort, to make and enter into satisfactory contracts of this character, those authorities are then empowered and authorized to use and employ the inmates in the manufacture of some article or articles, for and on behalf of the state itself, under the same general conditions, restrictions and rules as provided in §§ 41-22-111 and 41-22-115, and the authorities are also empowered and authorized to purchase or rent all machinery and equipment necessary to install the plants and to purchase necessary material for carrying on such manufacturing business.
Acts 1919, ch. 40, § 2; Shan. Supp., § 7581a24; Code 1932, § 12206; mod. C. Supp. 1950, § 12206; T.C.A. (orig. ed.), § 41-411.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-111 - Control of inmates retained by state

By no contract shall the care, protection and discipline of the inmates be to any degree surrendered or delegated to anyone other than employees of the state, who, under the supervision of the commissioner of correction, with the approval of the governor, shall have charge and control of all these matters.
Acts 1919, ch. 40, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-412.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-115 - Pricing of manufactured articles

In order that any competition between the labor of inmates to be worked directly by and for the benefit of the state and free labor shall be reduced to its practical minimum, all reasonable efforts shall be made to dispose of the articles manufactured by inmates at such prices as will best protect the financial interests of the state.
Acts 1919, ch. 40, § 1; Shan. Supp., § 7581a23; Code 1932, § 12205; C. Supp. 1950, § 12205; Acts 1972, ch. 701, § 2; T.C.A. (orig. ed.), § 41-416.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 22 - WORK PROGRAMS (§§ 41-22-101 — 41-22-415) › Part 1 - GENERAL PROVISIONS (§§ 41-22-101 — 41-22-130) › Section 41-22-118 - Classification and training of inmates

In order that inmates may be more profitably employed in TRICOR programs for their own welfare and the welfare of the state, the department of correction is directed to:
(1)
Employ personnel and purchase any necessary equipment and supplies for investigating and recording the essential facts in order to classify inmates according to:
(A)
Their individual capacities, achievements and aptitudes;
(B)
Their previous education, training and experience; and
(C)
Other mental, physical and social characteristics;
(2)
Establish educational classes supplementing and related to each of the TRICOR programs and services set up in §§
41-22-118
- 41-22-124; and
(3)
Note the progress of inmates in these classes and programs.
Acts 1937, ch. 278, § 1; impl. am. Acts 1939, ch. 11, § 1; C. Supp. 1950, § 12209.1 (Williams, § 12209.6); impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 41-420; Acts 2003 , ch. 187, § 5.