Public Chapter 112

HOUSE BILL NO. 961

By Representatives McDonald, Curtiss, Patton, Maddox, Davidson, Williams, Bowers, Ferguson, Fowlkes, Head, John DeBerry, Stulce, Lewis, Arriola, Fraley, Tidwell, Caldwell, Sands, Sharp, Boyer, Bittle, Fitzhugh, Stamps, McDaniel, Ford, Hood, Hargett, Haley, Pleasant, Newton, Bone, White

Substituted for: Senate Bill No. 1323

By Senators Graves, Herron, Dixon, Springer, Haun, Rochelle, Davis, Burks, Crutchfield, Cooper, Haynes, Crowe, Harper, Williams and Mr. Speaker Wilder

AN ACT to amend Tennessee Code Annotated, Title 41, Chapter 3 and Title 41, Chapter 2, relative to work programs for prisoners incarcerated in local penal institutions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 41, Chapter 2, Part 1, is amended by adding the following new section:

Section ___. Notwithstanding any other provision of law to the contrary, except as provided in subsection (b), any person sentenced to the county workhouse or jail, either for a felony or misdemeanor conviction, in counties with programs whereby prisoners work either for pay or sentence reduction or both, shall be required to participate in such work programs during the period of such person's incarceration. Any prisoner who refuses to participate in such programs when work is available shall have any sentence reduction credits received pursuant to the provisions of Section 41-2-123 or Section 41-2-146 reduced by two (2) days of credit for each one (1) day of refusal to work. Any prisoner who refuses to participate in such work programs who has not received any sentence reduction credits pursuant to such sections may be denied good time credit in accordance with the provisions of Section 41-2-111(b) and may also be denied any other privileges given to inmates in good standing for such refusal to work.

(b) The only exceptions to the requirements of subsection (a) shall be for those persons who, in the opinion of the sheriff or the superintendent of the jail, would present a security risk or a danger to the public if allowed to leave the confines of the jail or workhouse, and those persons who, in the opinion of a licensed physician, or licensed medical professional should not perform such labor for medical reasons.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.