Section 1177-02-.04 - CONFLICT OF INTEREST - CODE OF PROFESSIONAL CONDUCT(1) No private entity that provides probation services, or employee, owner, or agent of the entity, may give or offer to give anything of value to a governmental employee or the employee's immediate family.(2) No private entity that provides probation services, or employee, owner, or agent of the entity, may loan money to or have any other personal business dealings with probationers under the entity's supervision.(3) No private entity that provides probation services may permit any person to supervise a probationer who is a member of such supervisor's immediate family. For purposes of this rule, "immediate family" shall mean mother, father, sibling, adult children, or maternal and paternal grandparents.(4) No private entity that provides probations services, or employee owner or agent of the entity, may exchange a gift, gratuity, or favor with a probationer, a probationer's family, or any person who offers the gift, gratuity, or favor with the intent of influencing the supervision of a probationer.(5) The provisions of this rule shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying such services to such court or county government pursuant to T.C.A. § 40-35-101 et. seq.(6) No private entity that provides probation services, or employee, owner, or agent of the entity, may charge any fees not in the private entity's fee schedule unless ordered by a court or otherwise required by law.(7) No employee, owner, or agent of a private entity that provides probation services may engage in a romantic or sexual relationship or have any sexual contact with a probationer. No employee, owner, or agent of the private entity may use his or her supervisory position or influence to encourage, threaten, or force a probationer to engage in sexual activity.(8) All employees, owners, or agents of the private entity that provides probation services must treat all members of the court and the probationers under its supervision in a manner consistent with the Code of Professional Conduct set forth herein. Examples of unprofessional treatment include, but are not limited to:(a) Engaging in abusive, aggressive, hostile, or disrespectful conduct towards probationers or members of the court;(b) Engaging in fraudulent or misleading behavior;(c) Giving any false impression of arrest authority through the use of one's title or position with the private entity;(d) Collecting any money from probationers in excess of the private entity's fee schedule unless ordered by a court or otherwise required by law; and(e) Engaging in harassment or discrimination based on race, national origin, gender, age, sexual orientation, or ability to pay.Tenn. Comp. R. & Regs. 1177-02-.04
Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective 11/10/2016.Authority: T.C.A. §§ 16-3-902, 16-3-909, 40-35-302(g), and 40-35-302(g)(1)(H) and (I).