Section 1400-05-.04 - TIER 1 STANDARDSWhen both males and females are housed in the same facility, available services and programs should be comparable for those groups.
(1) The Tier 1 mandatory standards are: (a) The applicant offers at least one evidence-based program focusing on life skills or behavioral health. Programs may be conducted in-person or virtually.(b) The applicant offers at least one program focusing on education or life skills. Programs may be conducted in-person or virtually. This requirement may be met in conjunction with the evidence-based requirement in subparagraph (a) of this paragraph.(c) The applicant must be certified by TCI for at least two continuous years immediately preceding application, which may include certification pursuant to a TCI Board of Control Plan of Action.(d) The applicant has a training plan that is reviewed and approved at least annually by the applicant's administration. The plan includes: 1. Provisions regarding leadership development and succession planning; and2. A requirement of at least 40 total hours of training-consisting of both classroom hours and on-the-job training-for newly hired correctional employees prior to being independently assigned to any post. The required 40 hours of training may ., be completed in conjunction with the orientation requirement required under T.C.A.
§ 41-4 -140 and TCI Minimum Standards for Adult Local Correctional Facilities in paragraph (4) of Rule 1400-01-.06, and includes training on the following topics: (ii) Verbal de-escalation;(iii) Use-of-force regulations and tactics;(iv) Medical and mental health awareness;(v) Inmate program goals and qualifications; and(vi) Responsibilities related to sexual abuse and sexual harassment prevention, detection, and reporting.(e) The applicant has a written policy establishing zero tolerance of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to sexual abuse and sexual harassment. The policy requires that when an employee of one sex enters an inmate unit occupied by inmates of the opposite sex, then the employee must announce the employee's presence in the unit. The applicant designates a senior-level, agency-wide coordinator with the authority to develop and effectuate the policy and investigate claims of sexual impropriety.(2) The Tier 1 optional standards are:(a) The applicant and county legislative body have established a County Corrections Partnership Committee or Criminal Justice Coordinating Committee by local resolution that addresses local facility programmatic needs, construction needs, overcrowding, recidivism rates, inmate needs, criminal justice system challenges, and other needs specifically related to the overall improvement of resources available for local correctional facilities. The Committee includes stakeholders from the local criminal justice system, local elected or appointed officials, and representatives from the community who have expertise in one or more of these topics. The Committee meets at least quarterly.(b) The applicant has a policy outlining inmate program implementation, qualifications, participation, timelines, and statistics. The applicant tracks data on inmate programs, inmate populations, evidence-based data, work accomplished, number of active/past participants, local recidivism rates, and budget numbers, and reports this data quarterly and annually.(c) The applicant trains all volunteers and contractors who have contact with inmates regarding sexual abuse and sexual harassment prevention, detection, and response policies and procedures.(d) The applicant has at least one staff member assigned to oversee rehabilitative, work, behavioral, and counseling programs for inmates. This assignment may be the staff member's primary duty or a non-primary duty.(e) The applicant has adequate programming space, equipment, and technology to support the number of inmates and the types of programming opportunities offered.(f) The applicant does not use or authorize the use of inmate housing that does not have adequate access to drinking water or toilets.(g) The applicant offers inmate programs, services, and counseling and uses community resources to supplement these offerings.(h) The applicant has a detailed inmate classification policy that includes: 1. The process for identifying the specific risks and needs of each inmate;2. A housing plan for separation of offenders; and3. A classification review process. The review process considers factors including security level, sentencing information, criminal and disciplinary history, program eligibility, significant incidents, and significant incident involvement. A classification review occurs, at a minimum, following each court action, following disciplinary action, and every 180 days of incarceration following the prior review.(i) The applicant has at least one staff member assigned to conduct formal inmate classification interviews. This assignment may be the staff member's primary duty or a non-primary duty.(j) The applicant has a staffing plan that has been reviewed by the Sheriff, County Mayor, and Facility Administrator, or by other appointing authorities as applicable under state law. The staffing plan includes scheduling plan, relief plans, minimum coverage and ideal coverage levels, and supervisory plans for work, education, and rehabilitative programs.(k) The applicant provides at least 12 hours of onsite medical coverage per week and on-call medical coverage seven days per week. Onsite medical coverage is conducted by a licensed practical nurse, registered nurse, advanced practice nurse, physician assistant, or physician.(l) The applicant has at least one staff member assigned to review the inmate population needs and sentencing management. This staff member is responsible for tracking who is in custody, how long each inmate has been in custody, the confinement and court status of each inmate, each inmate's needs and services required while in custody, and each inmate's needs and the services each inmate should be connected to upon release. This assignment may be the staff member's primary duty or a non-primary duty.(m) The applicant has a pretrial diversion program that assesses an inmate's eligibility for pretrial diversion options, based in part on the inmate's risk assessment outcomes.(n) The applicant uses a validated screening tool for mental illness and substance abuse disorders to determine inmate mental health and substance abuse needs. The applicant communicates the screening results to the appropriate treatment providers and judicial officers on a need-to-know basis subject to and in compliance with applicable privacy/confidentiality laws.(o) The applicant's correctional staff complete annual in-service training including the following topics: 1. Use of force and verbal de-escalation protocols;2. Inmate programming goals;3. Inmate classification procedures;4. Mental health awareness; and5. Responsibilities related to sexual abuse and sexual harassment prevention, detection, and reporting.(p) The applicant annually reports the probation and parole violators processed through the facility including the nature of each violation (technical violation or new crime), the classification of each violation as a felony or misdemeanor, whether each violator is male or female, and whether each violation is state or local.(q) The applicant has at least one staff member assigned to oversee the applicant's compliance with TCI minimum standards and these accreditation standards. This assignment may be the staff member's primary duty or a non-primary duty.(r) The applicant conducts and evaluates individual health emergency drills (also known as "man down" drills) at least once per year per shift where health staff are assigned.(s) The applicant has correctional personnel who have completed a certified course in critical incident response or crisis intervention to address incidents requiring these specialized services for both officers and inmates.(t) The applicant has at least one staff member assigned to monitor and review contracts related to medical, mental health, food service, commissary, maintenance, phone, or other services that the applicant contracts out to a third party. This assignment may be the staff member's primary duty or a non-primary duty.Tenn. Comp. R. & Regs. 1400-05-.04
Emergency rules filed September 30, 2021; effective through March 29, 2022. New rules filed December 29, 2021; effective 3/29/2022.Authority: T.C.A. §§ 4-5-201, et seq. and 41-8-106(i)(3)(B).