Section 0420-02-01-.05 - COMPENSATION(1) All funds for the program will be dispersed from the State Prosecution Fund by the Office of the State Comptroller. The county shall submit to the Judicial Cost Accountant claims for the subsidies provided by the contract. The claim must be filed within ninety (90) days following the end of the month in which the prisoners were held. Upon certification by the Judicial Cost Accountant of the validity of the claim, the county shall be compensated as provided by the contract.(2) All claims for subsidies filed with the Judicial Cost Accountant shall include the following: (d) Circuit or Criminal Court Case Number(e) Original Commitment Date(l) Such other information as may be necessary to ascertain the subsidy due for individual prisoners.(3) Claims not filed within the limits provided for by T.C.A. § 41-8-106(c), shall not be payable.(4) Claims for subsidies filed with the Judicial Cost Accountant shall be signed by the Sheriff or Superintendent and by the Circuit or Criminal Court Clerk with the Clerk's seal attached.(5) For the purpose of this program, state prisoners shall be defined in the following manner.(a) State Prisoner - A state prisoner is a prisoner for which the state is responsible for the costs of prosecution as defined by T.C.A. § 40-25-131. A subsidy day paid for the board of a state prisoner falls under one of two classifications as defined by Tennessee Code Annotated, chapter 8 of Title 41. 1. "Detainee Day" refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the Department of Correction during a designated contract period.2. "Prisoner Day" refers to each day each state prisoner was held by a county pursuant to T.C.A. § 40-23-104 or 40-35-311. "Prisoner Day" also refers to each day each state prisoner sentenced to the Department of Correction was held by a county after the first five (5) days of incarceration following sentencing, during a designated contract period, provided that said prisoner's transport to the Department of Correction was delayed pursuant to Section 19 of the Comprehensive Correction Improvement Act of 1985 and/or pursuant to the order of a federal court.(b) If a state prisoner enters a plea of guilty to a felony charge which is accepted by a court or is tried by a court and found guilty of a felony offense and is sentenced to serve the sentence locally pursuant to T.C.A. § 40-23-104 or 40-35-311, the prisoner is changed from the "detainee" classification to the "prisoner" classification the day following the date of sentencing to the local facility.(c) Billing for the subsidy for a state prisoner classified as "detainee" shall begin in the month in which the prisoner is indicted on the felony charge. At that time the county shall bill for the days prior to the indictment during which the prisoner was incarcerated on the indicted charge.(d) Guilty to a Misdemeanor Offense - A state prisoner entering a plea of guilty to a misdemeanor offense which is accepted by a court or a state prisoner tried by a court and found guilty of a misdemeanor offense shall become a county prisoner the day following the court's acceptance of the guilty plea or the day following the misdemeanor conviction. A subsidy shall not be payable by the state for a prisoner serving a sentence as a result of a misdemeanor conviction.(e) Parole or Probation - A state prisoner who has been released on parole or probation shall not become a state prisoner again as a result of a misdemeanor conviction unless said prisoner shall also be charged with violation of the terms of the parole or probation and a revocation hearing shall have been held regarding said charge. This does not prevent a state prisoner on parole or probation from being incarcerated and classified as a state prisoner as a result of an additional felony indictment subsequent to the prisoner's release on parole or probation. Billing for the subsidy for a prisoner on parole or probation shall not begin until the month in which the revocation hearing is held. The subsidy for a state prisoner held on parole or probation violation shall begin with the first day of the prisoner's incarceration pursuant to the charge of parole or probation violation. Subsidy for a state prisoner held on parole or probation violation shall be at the "detainee" rate until the revocation hearing. If parole or probation is revoked, with a resulting felony term to be continued or begun, subsidy shall be paid after the revocation at the prisoner rate for each day the prisoner is held subsequent to T.C.A. § 40-23-104 or 40-35-311, or for each day the transport of a prisoner sentenced to Tennessee Department of Correction is delayed (after 5) pursuant to Section 19 of the Community Correctional Improvements Act of 1985 and/or pursuant to the order of a federal court.(f) Return from Department of Correction. - The subsidy for a state prisoner returned to a local jail from custody of the Department of Correction for a postconviction proceeding, or as a witness, or for other proceeding, shall be at the "detainee" rate for the county. The subsidy for such a state prisoner shall begin with the date the prisoner is received and be payable through the date the prisoner is returned to the Department of Correction.(g) Non-Consecutive Days - The subsidy for a state prisoner serving non-consecutive days shall be payable as for other state prisoners provided the billing for the subsidy shall indicate the actual days served. A subsidy shall not be payable for a state prisoner serving non-consecutive days for the days that the prisoner is not incarcerated.(h) Work Release - The subsidy for a state prisoner on work release shall be as follows: 1. The full subsidy shall be payable for those days on which the prisoner does not leave the workhouse or jail.2. The subsidy for the days on which the state prisoner leaves the jail for occupational purposes shall be equivalent to the difference between the "detainee" rate and the "prisoner" rate for the county.(i) Release for Scholastic, Medical or Other Purposes - The full subsidy shall be payable for those days on which a state prisoner leaves the workhouse or jail for scholastic, medical, or other purposes, provided, however, that no subsidy will be due for those days that the prisoner does not return to the jail for a minimum of 8 hours during a twenty-four hour period.(j) Hospitalization - A subsidy shall not be payable for those whole days during which a state prisoner is confined in a hospital and the state is liable for the expenses of the hospitalization under provisions of T.C.A. § 41-4-115(b). The subsidy for a prisoner hospitalized shall end with the day the prisoner is transferred to the hospital and start again with the day the prisoner returns from the hospital.(k) Transfer Between Local Facilities - When a state prisoner is transferred between two facilities each of which is eligible for the subsidy and the transfer occurs on the same date, the facility releasing the prisoner shall be entitled to charge for the date the facility releases the prisoner. The facility receiving said prisoner shall not begin charging for the prisoner until the day following the date the prisoner is received.(l) Pending Transfer to the Department of Correction - A subsidy shall be payable for a state prisoner sentenced in one county and held in another county pending transfer to the Department of Correction at the rate applicable according to definitions provided above.Tenn. Comp. R. & Regs. 0420-02-01-.05
Original rule filed February 19, 1975; effective March 21, 1975. Repeal by chapter 913 of the Public Acts of 1980; effective May 2, 1980. New rule filed October 19, 1984; effective January 14, 1983. Repeal and new rule filed November 5, 1986; effective February 28, 1987.Authority: T.C.A. §§ 40-23-104, 40-25-131, 40-35-311, 41-8-106, 41-4-131, 41-4-132, 41-4-133, 41-4-139.