Title 41, Correctional Institutions and Inmates

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.

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 …

(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 righ…

The buildings, shops and other property belonging to the state, connected with the penitentiary, may be insured by the commissioner.

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.

(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 wa…

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…

(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…

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.

(1) 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) …

(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…

(1) 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 correcti…

(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 …

(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…

(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 u…

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 …

(a) Notwithstanding any law to the contrary, the commissioner of correction has the authority to require security personnel employed by the department of correction to submit to drug tests. If the result of the initial test is positive, the department shall administer a different…

(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 diagn…

(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…

(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 Tennes…

(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 pro…

(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 tha…

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…

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 hum…

(a) As used in this section, “education assessment” means an assessment, evaluation, or survey administered to an inmate in the custody or under the supervision of the department of correction that is designed to collect information regarding the highest grade or educational leve…

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, 19…

(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…

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.

(1) As used in this part:(1) “Board” means the state families of incarcerated individuals advisory board;(2) “Commissioner” means the commissioner of correction;(3) “Contractor” means an entity, public or private, entering a contractual agreement with the commissioner of correcti…

(a) There is created the state families of incarcerated individuals advisory board. (b) The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties. In all respects, the board is separate functionally and ad…

(1) The board shall:(1) Foster effective communication between the department and family members;(2) Strengthen efforts for family reunification;(3) Build stronger families and communities upon reentry; and(4) Provide feedback on relevant activities within the department to the c…

(a) (1) The chair of the state and local government committee of the senate or the chair's designee shall call the first meeting of the board.(2) The board shall meet at least quarterly at a time and place prescribed by the board.(3) At the first three (3) regular meetings of the…

The department and a contractor shall cooperate with the board to enable the board to fulfill its duties under this part.

(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 rega…

(1) The intent of the general assembly regarding the labor of inmates within the correctional system is as follows:(1) All inmates within the correctional system, except those designated by a judge, warden or medical personnel as being either too dangerous to society or physicall…

(1) A sound classification system is necessary for an efficient and manageable correctional system. Because of its importance, the general assembly declares the following policy:(1) The classification system shall provide a meaningful case evaluation of each inmate prior to perma…

(1) The general assembly finds that the following policy statements regarding the criminal justice system are of importance to the state correction system:(1) Trial judges are encouraged to use alternatives to incarceration as long as the alternatives include requirements of repa…

The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their …

There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits.

All state correctional personnel shall receive appropriate and adequate training in the particular skills and requirements of the duties of their job.

(a) The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel. (b) (1) As u…

If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the …

Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consiste…

While adding local facilities may be beneficial for the total corrections system, careful consideration should be given both to the needs of the state and the needs of local governments. The state should commit to adding local facilities to meet state needs only when the faciliti…

(a) The trial courts and the department of correction shall coordinate efforts to prepare offenders for reentry into society. To that end, it is the intent of the general assembly that validated risks/needs assessment instruments shall be used to develop offender reentry plans. (…

(a) When appropriate to better manage and assist probationers under their supervision, probation and parole officers employed by the department of correction shall have the authority to impose intermediate administrative sanctions, including, but not limited to, mandated particip…