The intent of the general assembly regarding the labor of inmates within the correctional system is as follows:
(1) All inmates within the correctional system, except those designated by a judge, warden or medical personnel as being either too dangerous to society or physically unable, shall be required to perform some type of work. The general policy that all inmates be required to work should not be construed to apply to those inmates housed temporarily in classification centers;
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Terms Used In Tennessee Code 41-1-402
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- 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
(2) Where possible, the labor should be directed toward projects such as the manufacture or production of building materials, the production of items that are of practical use to state and local governments, the production of as much food and clothing for use by the correctional system as possible or the construction, renovation or repair of prison facilities to the extent that security and inmate skills permit;
(3) Inmates not engaged in work activities pursuant to subdivision (2) and who are determined to be acceptable security risks should be utilized to perform work that might not otherwise be performed for state and local governments or nonprofit or charitable organizations. The tasks would include land reclamation, repairing rural dams, maintaining drainage ditches, cleaning cemeteries, painting public buildings and schools or other such tasks. Unless a judge, warden or medical personnel has determined, either by reason of public safety or physical incapacity, that an inmate should not work, the commissioner has the discretion to determine which inmates are acceptable security risks to perform work projects outside of department of correction facilities or property;
(4) Other departments of state government, particularly transportation and environment and conservation, shall cooperate with the department of correction in the utilization of inmate labor for projects within the departments that are of value, but because of a lack of funds or personnel, might not otherwise be performed. The commissioner of correction, with the advice of the appropriate department commissioner, has the authority to restrict the use of inmate labor in certain areas and at such times as the commissioner determines to be necessary for the public safety or convenience; and
(5) In addition to the intent of the general assembly set out in this section regarding inmate labor at the various correctional institutions, educational opportunities, particularly those teaching the basic skills, should be available at all institutions except the classification centers.