Tennessee § 41-2-123 - Road work by prisoners — Credit for time worked — Grants for litter abatement — Governmental immunity.

§ 41-2-123. Road work by prisoners — Credit for time worked — Grants for litter abatement — Governmental immunity.

All prisoners sentenced to the county workhouse under § 40-23-104 or former § 40-35-311 shall be worked on the county roads under the supervision of the chief administrative officer of the county highway department, when, in the opinion of the chief administrative officer, a sufficient number are available to pay the county for the necessary expense incurred for keeping and caring for them. The prisoners may be utilized by municipalities within the county by mutual agreement between the county sheriff or superintendent of the county workhouse and the chief executive officer of the municipality. When any prisoner has been sentenced to imprisonment in a county workhouse or county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, the sheriff of the county or the superintendent of the county workhouse, or both, are authorized to permit the prisoner to work on the county roads or within municipalities within the county on roads, parks, public property, public easements or alongside public waterways up to a maximum of fifty feet (50') from the shoreline. It is the duty of the prisoners to pick up and collect litter, trash and other miscellaneous items unsightly to the public that have accumulated on the county roads. All prisoners participating in this work program shall be under the supervision of the county sheriff or the sheriff's representative or the superintendent of the county workhouse or the superintendent's representative. Prisoners utilized by a municipality shall be supervised by representatives of the municipality. The prisoners may be utilized by the municipalities for such duties or manual labor as the municipality deems appropriate. Work performed by the prisoner under this subsection (b) shall be credited toward reduction of the prisoner's sentence in the following manner: for each one (1) day worked on the road by the prisoner, the prisoner's sentence shall be reduced by two (2) days. The commissioner of transportation is authorized to make grants to the several counties of the state, either through the office of sheriff or that of county mayor, or other appropriate official, for the purpose of funding programs for the collection of litter and trash along county, state and interstate roads and highways within the respective counties. The grants may provide for the use of labor of prisoners sentenced to the county workhouse and may fund expenses, including, but not limited to, salaries, administration and the purchase, maintenance and operation of equipment. Not more than ten percent (10%) of the funds awarded by a grant under this subsection (c) shall be expended for the purpose of advertising or promoting a litter and trash collection program, and no part of such funds shall be used to purchase supplies, materials or equipment displaying the name or likeness of the administrator of such program or of any other individual. Local county officials and other recipients may submit applications outlining a plan for litter abatement, which may include recycling programs, to the department of transportation. All applications shall be subject to prior review and approval by the governor or designated agent. Neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any person for the acts of any prisoner while on a work detail, while being transported to or from a work detail, while attempting an escape from a work detail or after escape from a work detail. Except as provided in § 9-8-307, neither the state nor any municipality, county or political subdivision of the state, nor any employee or officer thereof, shall be liable to any prisoner or prisoner's family for death or injuries received while on a work detail, other than for medical treatment for the injury during the period of the prisoner's confinement. Acts 1915, ch. 107, § 2; Shan., § 7207a2; Code 1932, § 11794; modified; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1979, ch. 249, §§ 1, 2; 1981, ch. 93, §§ 1, 2; 1981, ch. 290, § 1; 1981, ch. 307, § 4; T.C.A. (orig. ed.), § 41-1231; Acts 1983, ch. 98, §§ 1-5; 1986, ch. 744, §§ 18, 19; 1989, ch. 511, § 2; 2003, ch. 90, § 2; 2004, ch. 907, § 1. Compiler's Notes. The reference in this section to § 40-35-311 is apparently a reference to the version of that section prior to November 1, 1989, when that section was repealed and replaced with different provisions. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Cross-References. Certain prisoners in local jail or workhouses, release on work-related program, § 41-2-147 . Road work by jail prisoners, title 41, ch. 22, part 3. Use of prison labor by department of transportation, § 54-5-128 . Volunteer prisoner work program, title 4, ch. 6, part 2. Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Attorney General Opinions. Board of probation and parole has no authority to remove sentence credits earned in local jail or workhouse pursuant to T.C.A. §§ 41-2-123 , 41-2-146 , 41-2-147 or 41-21-236 , OAG 05-031, 2005 Tenn. AG LEXIS 31, (3/29/05).