CTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) December 14, 2017 Tennessee Corrections Institute

Similar documents
CTAS e-li. Published on e-li ( May 01, 2018 General Sessions and Other Inferior Courts

CTAS e-li. Published on e-li ( September 07, 2018 Inmate Commissary

CTAS e-li. Published on e-li ( October 26, 2018 Booking

Published on e-li ( December 14, 2017 County Government under the Tennessee Constitution

CTAS e-li. Published on e-li ( January 03, 2019 Requirements of the Open Meetings Act

CTAS e-li. Published on e-li ( October 30, 2018 Adoption of Required Policies

CTAS e-li. Published on e-li ( April 05, 2018 Types of Motions

CTAS e-li. Published on e-li ( May 13, 2018 Duties-County Election Commission

CTAS e-li. Published on e-li ( April 25, 2018 The County Election Commission

Published on e-li ( July 11, 2018 Revocation, Suspension, and Imposition of Civil Penalties

CTAS e-li. Published on e-li ( June 07, 2018 Public Employee Political Activity

CTAS e-li. Published on e-li ( February 12, 2018 Removal From Office-Ouster

CTAS e-li. Published on e-li ( June 26, 2018 Open Meetings Act (Sunshine Law)

CTAS e-li. Published on e-li ( November 03, 2018 Duties-County Mayor

CTAS e-li. Published on e-li ( May 14, 2018 Notary Public Applications

CTAS e-li. Published on e-li ( January 05, 2019 Public Safety Employees-7(k) Exemption

CTAS e-li. Published on e-li ( April 06, 2019 Regulation of Inmate Visitation

CTAS e-li. Published on e-li ( April 29, 2018 Vacancies in Office

Published on e-li ( October 29, 2018 Miscellaneous Powers and Duties of the County Clerk

Published on e-li ( November 28, 2017 Seizure of Controlled Substances and Related Property

CTAS e-li. Published on e-li ( November 20, 2018 Prohibited Acts

CTAS e-li. Published on e-li ( December 12, 2017 Sample Meeting Transcript

CTAS e-li. Published on e-li ( April 26, 2018 Electronic Signatures and Transactions

CTAS e-li. Published on e-li ( April 21, 2018 Procedure and Voting Requirements-CLB

CTAS e-li. Published on e-li ( July 23, 2018 Strip Searches (Visual Body Cavity Search)

CTAS e-li. Published on e-li ( August 31, 2018 Supervision of Inmates

Published on e-li ( December 03, 2017 Monitoring of Inmates by Guards of the Opposite Sex

CTAS e-li. Published on e-li ( May 13, 2018 Elections

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 28, 2010

Adopting Building Codes and Amendments By Reference

CTAS e-li. Published on e-li ( July 01, 2018 Courts

Published on e-li ( July 25, 2018 Governmental Employee Drug Testing - The Constitutional

CTAS e-li. Published on e-li ( December 06, 2017 Statutory Powers

Ohio Criminal Sentencing Commission Current Enabling Statute Ohio Rev. Code Ann (2018)

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE August 7, Opinion No.

CTAS e-li. Published on e-li ( July 05, 2018 Orders of Protection

~ e.;~: ~:::ji~~\b- Proposed Rule(s) Filing Form

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON ASSIGNED ON BRIEFS MAY 24, 2007

AMENDING COMPREHENSIVE GROWTH PLANS David Connor, CTAS Legal Consultant, and Dennis Huffer, MTAS Legal Consultant May 2005

CTAS e-li. Published on e-li ( December 24, 2017 Tennessee Public Records Statutes

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE February 3, Opinion No.

CHAPTER Senate Bill No. 388

TENNESSEE DEPARTMENT OF CORRECTION, Petitioner, vs. LINDA A. JOHNSON, Grievant

887 F.2d 1281 (1989) No United States Court of Appeals, Sixth Circuit. Argued September 20, Decided October 5, 1989.

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 18, 2011

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 12, 2016 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON ASSIGNED ON BRIEFS JANUARY 14, 2009

Court Records. Published on MTAS ( April 06, 2019

CTAS e-li. Published on e-li ( September 10, 2018 County Legislative Body

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE April 29, Opinion No.

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 17, 2009 Session

ASSOCIATION of ARKANSAS COUNTIES

Office of Sheriff. Presented by: Stephen Austin, Legal Consultant University of Tennessee County Technical Assistance Service August 2018

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 10, 2009 Session

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 11, 2015

Proposed Rule(s) Filing Form

Resolution Establishing a Surplus Property Policy

--1. p:>ei>artmenfotstate-- I.x CST/CDT. [Age(l<;Y}.I:Jo;~gQ;;i~!~lo_!1J_IeJ1nes ~~~ lgl,llator~al,ltbc:>rit~

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE September 25, Opinion No.

Adopting Building Codes and Building Code Amendments by Reference

IC Chapter 3. State Board of Cosmetology and Barber Examiners

Kelly, Thomas v. Catmur Development Co.

Withdrawn - Notice of Withdrawal filed 03/20/2009 Proposed Rule(s) Filing Form

State of North Carolina Department of Correction Division of Prisons

Proposed Rule(s) Filing Form

ADDENDUM CALENDAR OF COUNTY RESPONSIBILITIES (REQUIRED BY NEVADA LAW) RECURRING

U.S. Department of Justice Federal Bureau of Prisons

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs January 12, 2004

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 21, 2011

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE ASSIGNED TO WESTERN SECTION ON BRIEFS MARCH 30, 2007

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE October 5, 2005 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 7, 2003 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 5, 2018 Session. CAPITAL PARTNERS NETWORK OT, INC. v. TNG CONTRACTORS, LLC, ET AL.

WRITTEN TESTIMONY REGARDING ARTICLE V TEXAS COMMISSION ON JAIL STANDARDS

Dear Secretary Dortch and Commission Members: Pursuant to the notice published by the Federal Communications Commission on

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 25, 2014 Session

ENGROSSED SENATE By: Ballenger of the Senate. [ county expenses - Medical Expense Liability Revolving Fund - effective date - emergency ]

Session Law Creating the Minnesota Sentencing Guidelines Commission and Abolishing Parole, 1978 Minn. Laws ch. 723

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 28, 2011 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 9, 2005 Session

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX NASHVILLE, TENNESSEE April 27, Opinion No.

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 1, 2003 Session

Proposed Rule(s) Filing Form

CTAS e-li. Published on e-li ( August 23, 2018 Inmate Labor

State Inmate Cost Study for Calendar Year 2015 Executive Summary

Sachs, William v. Johnson Controls

Proposed Rule(s) Filing Form

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 7, 2008 Session

TITLE 4 MUNICIPAL PERSONNEL CHAPTER 1. SOCIAL SECURITY. 2. OCCUPATIONAL SAFETY AND HEALTH PROGRAM. 3. PERSONNEL SYSTEM. CHAPTER 1 SOCIAL SECURITY

SPOTLIGHT MODEL ETHICS POLICY UNDER THE ETHICS REFORM ACT OF on current issues

April 18, Counties and County Officers Sheriff Budget; Charge and Custody of Jail

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Assigned on Briefs October 11, 2018

HOUSE BILL NO By Representatives Curtiss, Shaw, Fincher, Jim Cobb. Substituted for: Senate Bill No By Senators Burks, Lowe Finney

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Submitted on Briefs July 20, 2010

SENATE BILL By Hensley BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

CHAPTER 101 JAILS. Last Revision September, 2011

STATE OF OKLAHOMA. 2nd Session of the 55th Legislature (2016) AS INTRODUCED

Rulemaking Hearing Rule(s) Filing Form

DIGNITY NOT DETENTION

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 6, 2018 Session

Transcription:

Published on e-li (http://ctas-eli.ctas.tennessee.edu) December 14, 2017 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained daily by CTAS staff and seeks to represent the most current information regarding issues relative to Tennessee county government. We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with county government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document. Please feel free to contact us if you have questions or comments regarding this information or any other e-li material. Sincerely, The University of Tennessee County Technical Assistance Service 226 Capitol Blvd. Suite 400 Nashville, TN. 37219 615-532-3555 phone 615-532-3699 fax ctas@tennessee.edu www.ctas.tennessee.edu Page 1 of 5

Table of Contents... 3 Board of Control - TN Corrections Institute... 3 Tennessee Minimum Standards for Local Correctional Facilities... 3... 4 Page 2 of 5

Reference Number: CTAS-1428 Purposes and Duties The shall: 1. Train correctional personnel in the methods of delivering correctional services in municipal, county and metropolitan jurisdictions; 2. Evaluate correctional programs in municipal, county and metropolitan jurisdictions; 3. Conduct studies and research in the area of corrections and criminal justice in order to make recommendations to the governor, the commissioner of correction and the General Assembly; and 4. Inspect all local penal institutions, jails, workhouses or any other local correctional facility in accordance with T.C.A. 41-4-140. T.C.A. 41-7-103. Board of Control - TN Corrections Institute Reference Number: CTAS-1429 The correctional services programs of the are under the direction of its Board of Control. The Board of control shall consist of seven (7) members: (1) The governor or the governor s designee; (2) The commissioner of correction or the commissioner s designee; (3) The chair of the department of criminal justice of an institution of higher education in Tennessee, who shall by appointed by the governor; (4) Two (2) sheriffs, who shall be appointed by the governor. One (1) shall be from a county with a population of two hundred thousand (200,000) or more and one (1) shall be from a county with a population of less than two hundred thousand (200,000); (5) A county mayor, who shall be appointed by the governor; and (6) A chief of police or a county commissioner, who shall be appointed by the governor. T.C.A. 41-7-105. Public Chapter 972 (effective July 1, 2012) amends Tenn. Code Ann. 41-7-104. Provides that a fee of ten cents shall be collected for each completed telephone call made by an inmate housed in a local jail or workhouse. Such fees shall be remitted by the telephone service provider to the state treasurer each quarter and credited to a special account in the state general fund designated as the local correctional officer training fund to be used exclusively to fund certification training provided through the Institute for local correctional personnel within the state. Provides that the Institute s Board of Control shall approve all expenditures from the fund. Funds deposited in the account shall not revert to the general fund at the end of any fiscal year. Tennessee Minimum Standards for Local Correctional Facilities Reference Number: CTAS-1430 The has the power and duty to: 1. Establish minimum standards for local jails, lock-ups, and workhouses, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates, and standards for the safekeeping, health and welfare of inmates. The standards established by the must approximate, insofar as possible, those standards established by the Inspector of Jails, Federal Bureau of Prisons, and by the American Correctional Association's Manual of Correctional Standards, or such other similar publications as the Institute may deem necessary; 2. Establish guidelines for the security of local jails, lock-ups, and workhouses for the purpose of protecting the public from criminals and suspected criminals by making such facilities more secure and thereby reducing the chances that a member of the public or a facility employee will be killed or injured during an escape attempt or while an inmate is fleeing from law enforcement officials following an escape; 3. Inspect all local jails, lock-ups, workhouses and detention facilities at least once a year and publish the results of such inspections. Inspections must be based on the established standards mentioned above; and Page 3 of 5

4. Have full authority to establish and enforce procedures to ensure compliance with the standards set out above so as to ensure the welfare of all persons committed to such institutions. Failure on the part of the county to maintain the standards established under T.C.A. 41-4-140 must be reported by the Board of Control of the Institute to the commissioner of correction, sheriff, judge, or mayor, as appropriate, in the county in which the jail or penal institution is located. This report must specify the deficiencies and departures from the standards and order their correction. T.C.A. 41-4-140(a). Any changes to the TCI minimum standards for local correctional facilities would be new rules under the Uniform Administrative Procedures Act (UAPA) and thus must comply with the rule-making provisions of the UAPA. A rule, by definition, includes the amendment or repeal of a prior rule. Tenn. Code Ann 4-5-102(12). The TCI s establishment of minimum standards for local correctional facilities implements or prescribes law, and thus triggers the UAPA due process requirements of notice and hearing to those whose relationships with the government will be impacted by the adoption of such standards. Such persons or entities would include, but not be limited to, local officials responsible for the building and maintenance of these facilities, contractors charged with meeting these standards and the general public. The TCI s establishment of minimum jail standards does not fit within any of the exceptions of Tennessee Code Annotated 4-5-102(12). Establishing jail standards does impact private rights, privileges or procedures available to the public, Tenn. Code Ann. 4-5-102(12)(A), and is more than a mere statement concerning inmates of a correctional or detention facility, Tenn. Code Ann 4-5-102(12)(G). See, e.g., Abdur Rahman v. Bredesen, 181 S.W. 3d 292, 311-12 (Tenn. 2005); Heritage Early Childhood Development Center, Inc. v. Tennessee Department of Human Services, No. M2008-02134-COA-R3-CV, 2009 WL 3029595, at 5-7 (Tenn. Ct. App. 2009). Tenn. Attny. Gen. 11-63 (August 26, 2011) If, after inspection of a local correctional facility as provided in T.C.A. 41-4-140(a)(3), the facility is determined not to be in compliance with the minimum standards, the Board of Control or any of its authorized staff may grant the facility an extension not to exceed 60 days for the purpose of making such improvements as are necessary to bring the facility into compliance with the minimum standards. During the period of the extension, the facility shall maintain the same certification status as it had prior to the most recent inspection. No additional extensions may be granted, and the certification status given a facility upon reinspection shall be the facility's status until the next annual inspection. T.C.A. 41-4-140(b)(1). No local currently certified facility shall be decertified if that local government has submitted a plan within 60 days of the initial annual inspection that is reasonably expected to eliminate fixed ratio deficiencies in that facility and cause the facility to remain certified. T.C.A. 41-4-140(d). No local correctional facility shall be denied a certificate of compliance with the minimum standards for the sole purpose of calculating the level of reimbursement upon the certified or not certified determination, if the sole cause is based on overcrowding because of prisoners sentenced to the Department of Correction whose commitments are delayed pursuant to Title 41, Chapter 1, Part 5, or pursuant to a federal court order when such prisoners are being held by a county pending such commitment. T.C.A. 41-4-140(b)(2). The total number of prisoners awaiting transfer to the Department of Correction penal system shall be discounted from any computations used to determine compliance with standards used by the Tennessee Corrections Institute if the governor has invoked the power of delayed intake pursuant to 41-1-504(a)(2) or if a federal or state court has delayed intake into the department penal system, or both. T.C.A. 41-4-140(e). Reference Number: CTAS-1431 The attorney general has opined that a jail is not necessarily unconstitutionally overcrowded simply because it houses more inmates than its (TCI) capacity. Op. Tenn. Atty. Gen. 89-65 (April 28, 1989) (citing Feliciano v. Barcelo, 497 F.Supp. 14, 35 (D.P.R.1979)). It is clear that TCI and American Correctional Association (ACA) standards do not establish the constitutional standard. Id. (Citing Grubbs v. Bradley, 552 F.Supp. 1052, 1124 (M.D. Tenn. 1982). See also Op. Tenn. Atty. Gen. 02-015 (February 6, 2002) (same). It is important to note that the Constitution does not require the county to operate the jail in accordance with criminological doctrine or to employ only experts in its management. See Grubbs v. Bradley, 552 F.Supp. 1052, 1124 (D.C. Tenn. 1982). And, while guidelines of professional organizations such as the Page 4 of 5

American Correctional Association represent desirable goals for penal institutions, neither they nor the opinions of experts can be regarded as establishing constitutional minima. Id. Likewise, a lack of compliance with requirements does not mandate a finding of a constitutional violation. Bradford v. Gardner, 578 F.Supp. 382, 384 (E.D. Tenn. 1984). See also Jones v. Mankin, 1989 WL 44924, *7 (Tenn. Ct. App. 1989) ( While we find the 's staffing recommendations interesting and helpful, they do not provide a basis to conclude that the sheriff is not able to operate the jail with his existing staff. ). Although violations of state minimum standards or the county's policies regarding operation of the jail may constitute negligence, violations of state law do not constitute deliberate indifference. Davis v. Fentress County Tennessee, 6 Fed.Appx. 243, 250 (6th Cir. 2001). See also Roberts v. City of Troy, 773 F.2d 720, 726 (6th Cir. 1985), citing Davis v. Scherer, 468 U.S. 183, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984) ("The mere failure to comply with a state regulation is not a constitutional violation."). Source URL: http://ctas-eli.ctas.tennessee.edu/reference/tennessee-corrections-institute Page 5 of 5