Powers of board

Tenn. Code Ann. § 41-7-106, under Tennessee Corrections Institute.

Tenn. Code Ann. § 41-7-106

(a) The board is authorized to enter into a contract or contracts with state, local, municipal, county or metropolitan correctional and criminal justice officials as may be necessary in order to carry out title 40, chapter 28, this chapter and chapter 21 of this title. In addition, the board has the power to contract with appropriate officials in other states who wish to utilize the services of the institute. The power to contract shall include the power to contract with public agencies or officials for enrolling trainees in general courses or establishing special courses and study projects designed to meet the needs of agencies or units of government.

(b) The board is authorized to accept and expend local, federal or foundation funds, contributions or grants as may be received and allotted for the purposes of this chapter.

(c) The board shall promulgate rules and regulations for the implementation and the effective operation of this chapter.

(d) The board has the right and power to call on the office of the attorney general and reporter for any necessary legal representation or assistance.

(e) The board may authorize its executive director or other official of the institute to execute contracts and take such other actions as it may specify from time to time.

(f) The board is empowered to and shall establish criteria for determining whether to waive the minimum qualifications required to be a jail administrator, workhouse administrator, jailer, corrections officer, or guard in a county jail or workhouse, as provided in § 41-4-144.

(g) The board shall not grant waivers for any person hired as a jail administrator, workhouse administrator, jailer, corrections officer, or guard in any county jail or workhouse who has been dishonorably discharged from the military, has any mental impairment which affects the person's ability to perform any essential function of the job with or without a reasonable accommodation, has a conviction for domestic assault or a felony conviction.

(h) The board's decision to grant waivers under subsection (f) shall be appealable to the chancery court.

(i) The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement subsection (f).

(j) The board is authorized to establish uniform standards for the training of corrections recruits and corrections officers, including requirements for corrections officer certification, continued certification, and revocation of certification.

(k) The board is authorized to establish uniform standards for the certification of local correctional training academies for the purpose of training corrections recruits and corrections officers.

(l) The board may issue, or revoke as required, special certifications to persons who, by reason of experience and completion of in-service training, advanced education, or specialized training, are especially qualified for particular aspects or classes relevant to the corrections profession.

(m) [Repealed effective February 1, 2029.] (1) As used in this subsection (m), “detainee” means an individual who is detained pursuant to a memorandum of agreement executed under § 7-68-105(b) pursuant to 8 U.S.C. § 1357(g).(2) The board shall adopt a policy by rule for the temporary detention and custody of detainees pending transfer pursuant to subdivision (m)(3).(3) The policy must:(A) Apply only to detainees who are to be transferred into the custody of the bureau of immigration and customs enforcement (ICE) of the United States department of homeland security no later than forty-eight (48) hours, excluding weekends and holidays, after the period during which the detainee remains in the lawful custody of a sheriff's department;(B) Authorize the exclusion of detainees described in subdivision (m)(3)(A) from the inmate population computation at the facility where the detainee is held for purposes of compliance with applicable detention standards, including facility capacity limits and inmate ratios; and(C) Be reviewed and reapproved by the board on an annual basis.(4) The sheriff charged with custody of a detainee to whom the policy adopted pursuant to subdivision (m)(2) applies shall maintain available verifiable documentation substantiating the scheduled transfer date of the detainee to ICE custody. The documentation must be made available for review upon request during any inspection, audit, or compliance monitoring conducted by the board or other governmental entity with jurisdiction to oversee, inspect, or audit the facility.(5) This subsection (m) terminates February 1, 2029.

(1) As used in this subsection (m), “detainee” means an individual who is detained pursuant to a memorandum of agreement executed under § 7-68-105(b) pursuant to 8 U.S.C. § 1357(g).

(2) The board shall adopt a policy by rule for the temporary detention and custody of detainees pending transfer pursuant to subdivision (m)(3).

(3) The policy must:(A) Apply only to detainees who are to be transferred into the custody of the bureau of immigration and customs enforcement (ICE) of the United States department of homeland security no later than forty-eight (48) hours, excluding weekends and holidays, after the period during which the detainee remains in the lawful custody of a sheriff's department;(B) Authorize the exclusion of detainees described in subdivision (m)(3)(A) from the inmate population computation at the facility where the detainee is held for purposes of compliance with applicable detention standards, including facility capacity limits and inmate ratios; and(C) Be reviewed and reapproved by the board on an annual basis.

(A) Apply only to detainees who are to be transferred into the custody of the bureau of immigration and customs enforcement (ICE) of the United States department of homeland security no later than forty-eight (48) hours, excluding weekends and holidays, after the period during which the detainee remains in the lawful custody of a sheriff's department;

(B) Authorize the exclusion of detainees described in subdivision (m)(3)(A) from the inmate population computation at the facility where the detainee is held for purposes of compliance with applicable detention standards, including facility capacity limits and inmate ratios; and

(C) Be reviewed and reapproved by the board on an annual basis.

(4) The sheriff charged with custody of a detainee to whom the policy adopted pursuant to subdivision (m)(2) applies shall maintain available verifiable documentation substantiating the scheduled transfer date of the detainee to ICE custody. The documentation must be made available for review upon request during any inspection, audit, or compliance monitoring conducted by the board or other governmental entity with jurisdiction to oversee, inspect, or audit the facility.

(5) This subsection (m) terminates February 1, 2029.