(1) Statutory
Authority: The standards contained in this document are authorized pursuant to
T.C.A. §
41-4-140 to establish minimum
standards for the inspection of local jails, lock-ups, workhouses and detention
facilities.
(2) Categories Covered
by Standards: The minimum standards established and recorded herein will cover
the following categories:
(a) Physical
Plant
(b)
Administration/Management
(c)
Personnel
(d) Security
(e) Discipline
(f) Sanitation/Maintenance
(g) Food Services
(h) Mail and Visiting
(i) Inmate Programs and Activities
(j) Medical Services
(k) Admission Records and Release
(l) Hygiene
(m) Supervision of Inmates
(n) Classification
(3) Other Standards: Nothing contained in
these standards shall be construed to prohibit a city, county, or city and
county agency operating a local correctional agency from adopting standards
governing its personnel and facility, provided such standards meet or exceed
and do not conflict with the standards established and recorded herein. Nor
shall these standards be construed as authority to violate any state fire
safety standards, building standards or health and safety codes.
(4) Validity: In determining the application
of these minimum facility standards, the Tennessee Corrections Institute Board
of Control has enacted the following:
(a)
Standards contained herein shall apply to specific types of local correctional
facilities as noted at the end of each standard. For the purpose of this
document, primarily adult jails or workhouses that house inmates for over
seventy-two (72) hours will be considered Type I; primarily adult jails that
house inmates for no more than seventy-two (72) hours will be considered Type
II; and primarily adult jails that house inmates no more than twelve (12) hours
will be considered Type III. Type III does not include facilities used
primarily for fingerprinting, photographing, interviewing or interrogating. A
Type IV Facility is a municipal government facility, either permanent or
mobile, used for in-processing, booking, fingerprinting, photographing, and
bonding, of primarily adults and where they shall be released or transferred to
another type of facility within two (2) hours of arrest. A Type IV Facility
shall submit a Letter of Assurance to the Tennessee Corrections Institute
outlining the facility's intent to adhere to all applicable standards and
required time parameters. All types of facilities shall comply with the
applicable standards, state law and adopted rules, and the Tennessee
Corrections Institute has the authority to inspect all facilities annually to
verify compliance and report results of inspections to the Board of
Control.
(b) Detention facilities
shall be classified according to construction date. Facilities constructed
after June 2000, shall be considered as new, while facilities constructed prior
to or during the month of June 2000, shall be considered existing
facilities.
(c) An existing
facility must meet all applicable standards referring to such facilities and
all other applicable standards. A new facility must comply with all applicable
standards referring to such facilities and all other applicable
standards.
(d) Any additions or
renovations to existing facilities must comply with all applicable standards
for new facilities.
(e) The number
of inmates awaiting transfer to the Department of Correction penal system may
be discounted from any computations used to determine compliance with standards
(2), (3), (4), (5), (6), and (7) of Section
1400-01-.04 Physical Plant under
the following conditions:
1. The Governor must
have invoked the power of delayed intake pursuant to T.C.A. §
41-1-504(a)(2)
and/or a federal or state court has delayed intake into the Department of
Correction penal system and,
2.
More than six percent (6%) of the county's total average inmate population over
the preceding ninety (90) days in all of its correctional facilities consists
of inmates sentenced to the Department of Corrections whose commitments have
been delayed pursuant to 1 then,
3.
The number of inmates awaiting transfer to the Department of Correction at a
particular facility in excess of six percent (6%) shall not be used in any
computations used to determine compliance with the above stated
standards.
(5) Certification of Facilities: Facilities
that meet all applicable standards as determined by an annual inspection by
Tennessee Corrections Institute shall be recommended for certification by the
inspecting party to the Tennessee Corrections Institute Board of Control during
the first board meeting following the completion of the inspection. Facilities
that do not meet all applicable standards shall be recommended for
non-certification. Facilities whose annual inspections are completed prior to
the fifteenth (15th) of the month shall be recommended for certification or
non-certification to be effective on the first (1st) day of the month during
which the inspection was completed. Facilities whose annual inspections are
completed after the fifteenth (15th) of the month shall be recommended for
certification or non-certification to be effective on the first (1st) day of
the month following the month in which the inspection was completed. The
Judicial Cost Accountant in the Office of the Comptroller shall be immediately
notified of any proposed change in a facility's status.
(6) No currently certified local facility
shall be decertified if the local government has submitted a plan of action
within sixty (60) days of the initial annual inspection that is reasonably
expected to eliminate fixed ratio deficiencies in that facility and cause that
facility to remain certified.
