Tenn. Comp. R. & Regs. 1395-01-05-.01
The purpose of the program has been found to be regulatory, not punitive. It has been held that the program addresses legitimate concerns of law enforcement about sex offenders. Cutshall v. Sundquist, 193 F. 3d 466 (6th Cir. 1999). As an independent department, TBI has been charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of "sexual offender" can be registered, regardless of court orders to the contrary. Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution.
Tenn. Comp. R. & Regs. 1395-01-05-.01
Authority: T.C.A. § 40-39-101.