Current through April 3, 2024
(1) No private
entity may provide probation services in this state unless it has registered
with and is approved by the Council. Every private entity proposing to provide
probation services in this state shall submit an application on a form provided
by the Council. The application must include all information and documents
required by the Council, and must be truthful, accurate and complete. The
applying entity must:
(a) Demonstrate the
reasonable ability of the entity to furnish continuous probation service in
compliance with applicable statutes, rules and uniform contract
requirements;
(b) Describe the
extent of services to be rendered by the entity;
(c) Demonstrate that staff qualifications
meet or exceed applicable statutory and rule requirements;
(d) Submit sworn criminal record reports on
each employee of, or volunteer for, the entity;
(e) Submit written policies and procedures
for staff training;
(f) Submit
proof of insurance and performance bond as required by applicable statutes and
rules;
(g) Describe staffing levels
and provide written standards of supervision, including frequency and type of
contacts with probationers;
(h)
Submit written procedures for handling court-ordered fines, fees, restitution,
and community service;
(i) Submit a
written policy for handling indigent offenders;
(j) Submit written procedures and policies to
follow to obtain evidence to present to the court to revoke an offender's
probation;
(k) Describe reporting
and record keeping procedures;
(l)
Describe default and contract termination procedures;
(m) Describe procedures for the transfer of
supervision of probationers from the entity to another private entity or to a
public probation provider;
(n)
Submit a schedule of the range of all probation fees and charges paid by
probationers supervised by the entity, and a listing of all probation fees and
charges paid by probationers outside the range;
(o) Provide names of employees who will
supervise probationers, describe their credentials and their position with the
entity.
(2) The
application fee shall be one hundred dollars ($100.00) which must be submitted
at the time of initial application and is not refundable. The renewal fee shall
be one hundred dollars ($100.00).
(3) Upon approval, the registration fee with
the Council shall be one hundred dollars ($100.00). The private entity shall
pay an additional registration fee of one hundred dollars ($100.00) for each
second or subsequent judicial district in which it provides probation
supervision in Tennessee.
(4) The
registration shall list all branch offices on the registration. The registrant
shall submit the addresses of all branch offices to the Council that open or
close within thirty (30) days of the event.
(5)
(a) If
an applicant for registration is a sole proprietor meeting the qualifications
of T.C.A. §
4-3-1304(d), who
was registered to provide private probation services in another state but fails
to meet some of the requirements for registration in Tennessee, then the
Council may issue a temporary permit for a period of six (6) months authorizing
the applicant to provide private probation services in this state in order for
the applicant to meet the requirements for registration in Tennessee.
(b) Upon expiration of a temporary permit, a
new temporary permit may be issued upon the filing of a new application.
However, a second or subsequent permit may not be issued to the same individual
except for good cause shown.
(c)
Issuance of a temporary permit is solely at the discretion of the Council. No
such permit will be issued to any person who the Council determines could not
reasonably meet the requirements for registration in Tennessee within the
period of the temporary permit.
(d)
The application fee for a temporary permit shall be one hundred dollars
($100.00), which is not refundable and must be submitted at the time of the
application for the temporary permit. An applicant shall not be required to pay
a new application fee for any application for a temporary permit or application
for registration within one hundred and eighty (180) days of the expiration of
a temporary permit issued by the Council.
(e) Upon approval, the temporary permit fee
shall be fifty dollars ($50.00). The applicant shall pay an additional
temporary permit fee of fifty dollars ($50.00) for each second or subsequent
judicial district in which it provides probation supervision in
Tennessee.
(f) The holder of a
temporary permit shall comply with all laws and rules regarding the provision
of private probation services in Tennessee. This includes, but is not limited
to, complying with the reporting requirements of rule 1177-01-.05 and payment
of the quarterly provider fee pursuant to rule 1177-01-.08.
(g) The Council may suspend or revoke a
previously-issued temporary permit if a registration to provide private
probation services in another state is suspended, revoked, denied, becomes
invalid, or is not renewed at any time while an individual holds a temporary
permit.
(6) If an
applicant for registration is a sole proprietor meeting the qualifications of
T.C.A. §
4-3-1304(d), who
was registered to provide private probation services in another state and
substantially meets all requirements for registration in Tennessee, then the
Council may issue a registration after receipt of a completed application,
payment of all fees, and any other proof the Council may require to show that
the applicant substantially meets all requirements for registration in
Tennessee.
Authority: T.C.A. §§
4-3-1304(d),
4-3-1304(e),
4-3-1304(f),
16-3-903,
16-3-909, and
16-3-910.
