Tennessee § 41-1-102 - Administration of correctional system — Personnel — Searches of employees for contraband.

§ 41-1-102. Administration of correctional system — Personnel — Searches of employees for contraband.

The chief officer for the government and control of the institutions and personnel of the department of correction shall be the commissioner of that department, who shall appoint, with the approval of the governor, a competent professional staff of employees as necessary to operate the state correctional system for adults in accordance with principles and standards accepted in the professional field of corrections. The commissioner has the authority to appoint, control, dismiss or discharge employees of the department, subject to the approval of the governor. All employees of the department shall be subject to the orders and control of the commissioner and the rules and regulations as may be adopted by the commissioner. Periodic routine searches for contraband shall be made of all employees of the department prior to the entrance of the persons inside the confines of a state correctional facility. The searches may be accomplished through the use of dogs trained to detect controlled substances and controlled substance analogues, by the use of a magnetometer or similar device, by a pat-down search by a person of the same sex and by an examination of the contents of pockets, bags, purses, packages or other containers. The searches shall be conducted uniformly or by systematic random selection. Any strip search or other body search more intrusive than as provided in subdivision (d)(1) may be made only on the basis of a reasonable suspicion, based on specific objective facts and reasonable inferences drawn from those facts in light of experience, that the employee to be searched is then in possession of contraband. The search is to be made only on the express authority of the highest officer present in the institution, made by one of the same sex in a private setting; and the specific objective facts shall be disclosed to the employee before the search authorized by this subdivision (d)(2) is conducted and shall be reduced to writing and preserved. If contraband is found on an employee pursuant to a search authorized by either subdivision (d)(1) or (d)(2), the employee may be required to submit to an official polygraph examination. Employees of the department of correction may not be disciplined or discharged solely on the basis that they failed a polygraph examination or solely for refusing to take a polygraph examination. The department is authorized to promulgate necessary rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (d). The rules shall provide detailed guidelines and standards for the manner in which the searches authorized by this subsection (d) shall be conducted, the manner and conditions under which any polygraph examinations authorized by this subsection (d) shall be conducted and the types and extent of disciplinary action, if any, that may be taken pursuant to this subsection (d). One (1) dog trained to detect controlled substances and controlled substance analogues for each grand division and one (1) polygraph machine for each grand division shall be utilized by the department for the purposes of implementing this subsection (d). Acts 1889, ch. 204, §§ 20, 26; impl. am. Acts 1895 (Ex. Sess.), ch. 7, §§ 5, 21; impl. am. Acts 1897, ch. 125, § 1; impl. am. Acts 1915, ch. 3, § 1; impl. am. Acts 1915, ch. 20, §§ 2, 5, 9, 12, 42; Shan., §§ 7454, 7499; impl. am. Acts 1919, ch. 19, §§ 1, 2; impl. am. Acts 1919, ch. 39, §§ 1, 2; impl. am. Acts 1923, ch. 7, §§ 2-5, 42, 43, 60; mod. Code 1932, §§ 12063, 12095; modified; Acts 1972, ch. 576, §§ 1, 5; T.C.A. (orig. ed.), §§ 41-102, 41-112; Acts 1985 (1st Ex. Sess.), ch. 10, § 1; 1989, ch. 278, § 53; 2010, ch. 810, § 1; 2012, ch. 848, § 36. Cross-References. Administration of institutions, title 4, ch. 6. Commissioner of corrections, powers and duties, §§ 4-3-602 — 4-3-604 . Counselors in educational and correctional institutions, qualifications, § 8-50-105 . Department of correction, powers and duties, §§ 4-3-606 , 4-6-102 . Grand divisions, title 4, ch. 1, part 2. Wardens and superintendents, §§ 4-6-103 — 4-6-108 . Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 7. Law Reviews. Sex in Prison (Ronald G. Turner), 36 No. 8 Tenn. B.J. 12 (2000).