(a)

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Terms Used In Tennessee Code 41-22-127

  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The commissioner of correction, with the approval of the governor and the appropriate commissioner, is authorized and directed to employ and work at state public works projects, such as the improvement, alteration, construction, repair or maintenance of state parks and highways, those inmates who, in the commissioner of correction’s judgment, will be safe, humane, practicable or desirable to work outside the prison walls.
(2) The commissioner of correction, with the approval of the governor, is authorized to employ and work such inmates as are safe and desirable to work outside the prison walls at county, city or municipal public works projects if, in the discretion of the commissioner, the county, city or municipality provides adequate supervision of inmates to ensure the safety of the general public and to prevent the escape of the inmates.
(b)

(1) Any county, city or municipality desiring the use of inmates to perform public works projects shall make application to the commissioner of correction.
(2)

(A) The application shall state:

(i) The location and nature of the proposed project;
(ii) The estimated length of time inmates would be required;
(iii) The number of inmates that would be required; and
(iv) The nature of the duties inmates are to perform.
(B) The application shall set out in detail the provisions for the supervision of the inmates. The provisions for supervision shall include the methods that will be used to ensure the health, safety and welfare of all inmates requested.
(3) The commissioner may grant all or any part of the number of inmates requested, may deny the application or may place specific restrictions and conditions on the use of inmates, depending on the best interests of the state.
(c) No inmate shall be required to perform public works projects for the state or any county, city or municipality if the project appears to the commissioner to be extremely dangerous to the health, safety or welfare of the inmate. Any project requiring the use of dynamite or any other explosive by an inmate is considered extremely dangerous for the purposes of this subsection (c).
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