Tenn. Comp. R. & Regs. 1400-01-.14

Current through December 10, 2024
Section 1400-01-.14 - ADMISSION, RECORDS AND RELEASE
(1) Type I, II, III, and IV Facilities shall meet the following requirements unless otherwise specified.
(2) An intake form shall be completed for every inmate, except detainees, admitted to the facility and shall contain the following information, unless otherwise prohibited by statute:
(a) Picture;
(b) Booking number;
(c) Date and time of intake;
(d) Names and aliases of person;
(e) Last known address;
(f) Date and time of commitment and authority therefore;
(g) Names, title, signature and authority therefore;
(h) Specific charge(s);
(i) Sex;
(j) Age;
(k) Date of birth;
(l) Place of birth;
(m) Race;
(n) Occupation;
(o) Last place of employment;
(p) Education;
(q) Name and relationship of next of kin;
(r) Address of next of kin;
(s) Driver's license and social security numbers;
(t) Disposition of vehicle, where applicable;
(u) Court and sentence (if sentenced inmate);
(v) Notation of cash and property;
(w) Bonding company;
(x) Amount of bond;
(y) Date of arrest;
(z) Warrant number;
(aa) Court date and time;
(bb) Cell assignment;
(cc) Fingerprints; and
(dd) Criminal history check.
(3) The admitting officer shall ensure that each inmate received is committed under proper legal authority.

This requirement applies only to Types I, II, and III Facilities.

(4) At the time of booking, a telephone shall be available within the receiving or security area. The detainee shall be allowed to complete at least one (1) telephone call to the person of his/her choice. Pursuant to T.C.A. § 40-7-106(b), no person under arrest by any officer or private citizen shall be named in any book, ledger, or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister, or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay.
(5) Cash and personal property shall be taken from the inmate upon admission, listed on a receipt form in duplicate, and securely stored pending the inmate's release. The receipt shall be signed by the receiving officer and the inmate, the duplicate given to the inmate, and the original kept for the record. If the inmate is in an inebriated state, there shall be at least one witness to verify this transaction. As soon as the inmate is able to understand what he/she is doing, he/she shall sign and be given the duplicate of the receipt.

This requirement applies only to Type I, II, and III Facilities.

(6) Facilities shall maintain custody records on all inmates committed to or assigned to the facility, which shall include but are not limited to the following:
(a) Intake/booking information.
(b) Court generated background information. This requirement applies to Type I, II, III Facilities.
(c) Cash and property receipts.
(d) Reports of disciplinary actions, grievances, incidents, or crime(s) committed while in custody. This requirement applies to Type I, II, III Facilities.
(e) Disposition of court hearings. This requirement applies to Type I, II, III Facilities.
(f) Records of program participation. This requirement applies to Type I, II, III Facilities.
(g) Work assignments. This requirement applies to Type I, II, III Facilities.
(h) Classification records. This requirement applies to Type I, II, III Facilities.

Inmates shall have reasonable access to information in their records. Access is only limited due to safety or security concerns for the inmate, other inmates, or the facility.

(7) Written policy and procedure shall ensure that inmate records are current and accurate. This requirement applies only to Type I, II, and III Facilities.
(8) Inmate records shall be safeguarded from unauthorized and improper disclosure.
(9) As part of the inmate accounting system, facilities shall maintain on a daily basis the following information:
(a) Admissions
1. Adult - Juvenile
2. Male - Female
3. Race
4. Charge
(b) Releases
1. Adult - Juvenile
2. Male - Female
3. Race
4. Charge
(c) Inmate Population
1. Sentenced - Non-sentenced
2. Adult - Juvenile
3. Male - Female
4. Felons - Misdemeanants
5. Race

These requirements apply only to Type I Facilities.

(10) Facilities shall keep records on each inmate specifying:
(a) Date of confinement;
(b) Length of sentence;
(c) Reduction of sentences provided by statutes; and
(d) Release date.

These requirements apply only to Type I Facilities.

(11) The administrator of a facility or designee shall maintain a record which indicates:
(a) When an inmate is to be discharged and under what conditions;
(b) If any detainers or pending detainers are placed against the inmate and if so, the appropriate authorities to be notified of his/her release date; and
(c) The time when and the authority by which the inmate was released. These requirements apply only to Type I Facilities.
(12) Facilities shall maintain written policy and procedures for releasing inmates from the facility which include, but are not limited to, the following:
(a) Identification of outstanding warrants, wants, or detainers;
(b) If released into the custody of another officer, appropriate credentials must be reviewed;
(c) Positive identification of the inmate by the releasing officer;
(d) Verification of release papers;
(e) Completion of release arrangements, including notification of the parole authorities in the jurisdiction of release, if required. This requirement applies only to Type I, II, and III Facilities;
(f) Return of personal property including cash. All items shall be inventoried on a receipt and witnessed by the releasing officer. This receipt shall be kept in the permanent records of the facility. This requirement applies only to Type I, II, and III Facilities;
(g) Provision of a listing of available community resources. This requirement applies only to Type I, II, and III Facilities; and
(h) Provision of medication as directed by the health authority. This requirement applies only to Type I, II, and III Facilities.
(13) All inmates released from the facility shall sign a receipt for property, valuables and cash returned at the time of release. All items shall be carefully inventoried on the receipt and witnessed by the releasing officer. The receipt shall be kept in the permanent records of the facility.

This requirement applies only to Type I, II, and III Facilities.

Tenn. Comp. R. & Regs. 1400-01-.14

Original rule filed August 9, 1982; effective September 8, 1982. Repeal and new rule filed June 29, 1984; effective September 11, 1984. Amendment filed July 31, 2000; effective November 28, 2000. Repeal and new rule filed October 29, 2014; effective January 27, 2015. Amendments filed September 1, 2017; effective 11/30/2017.

Authority: T.C.A. § 41-4-140.