In addition to those otherwise provided by law, the department of correction has the following powers, duties and responsibilities:

(1) Administer this chapter within the goals and mandates of this chapter;
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Terms Used In Tennessee Code 40-36-105

  • Application process and procedures: means the criteria and guidelines developed by the department of correction for the establishment of community corrections plans, the granting of funds for programs authorized by this chapter and the monitoring, evaluation and review of programs funded under this chapter. See Tennessee Code 40-36-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Community: includes the county or counties comprising a judicial district as provided in title 16, chapter 2, part 5. See Tennessee Code 40-36-102
  • Community-based alternatives to incarceration: means services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses. See Tennessee Code 40-36-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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) Conduct statewide public education concerning the purposes and goals of this chapter and make a report to the criminal justice committee of the house of representatives, judiciary committee of the senate, and fiscal review committee regarding the effectiveness of diversion of offenders from state correctional institutions;
(3) Provide technical assistance and training to local governments, private agencies and local community corrections advisory boards regarding community corrections and this chapter;
(4) Facilitate the development of local community corrections plans;
(5) Develop minimum standards, policies and administrative rules in accordance with the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the statewide implementation of this chapter;
(6) Develop and implement an application process and procedures;
(7) Review community corrections plans and provide grant funding; and
(8) The department of correction may conduct evaluations of funding recipients under this chapter, annually or as often as needed, to ensure accountability and to measure the efficiency of the community-based alternatives to incarceration conducted under this chapter, and contractors must participate in the evaluations. The form and methods of the evaluations must be determined by the department. Funding recipients under this chapter must substantially comply with the standards and administrative regulations of the department defining the effectiveness of a community-based alternative to incarceration and must maintain, collect, and provide to the department, annually or as otherwise requested, any information required by the department for evaluation, which may include, but is not limited to:

(A) The number of individuals admitted to the community-based alternative to incarceration;
(B) The ratio of staff members to offenders;
(C) The number of successful completions of the community-based alternative to incarceration;
(D) The average time for an individual to successfully complete the community-based alternative to incarceration;
(E) The number of individuals in the community-based alternative to incarceration who have incurred a new arrest, new conviction, or revocation of a community correction sentence, including the type of arrest, conviction, or revocation and the underlying conduct resulting in the arrest, conviction, or revocation; and
(F) The average time an individual spends in the community-based alternative to incarceration before a new arrest, conviction, or revocation.
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