Tennessee § 41-8-107 - Use of subsidy by counties.

§ 41-8-107. Use of subsidy by counties.

Participating counties having a facility that is not certified pursuant to the most recently established state jail standards shall not diminish their current level of spending for correctional expenses to the extent of any subsidy received pursuant to this chapter. The subsidy provided in this chapter is for expenditures for correctional purposes. The subsidy received by the counties pursuant to this chapter shall be dedicated exclusively for use in the county's correctional programs. The entire subsidy received shall be appropriated for the benefit of the correctional program. If the facility has been inspected and certified pursuant to the most recently established state jail standards, the entire subsidy may be used for current operating expenses. In all other situations, seventy-five percent (75%) of the subsidy shall be used for improving correctional programs or facilities. Acts 1981, ch. 491, § 7; T.C.A., § 41-10-107 ; Acts 1984, ch. 896, §§ 4, 5; 1985, ch. 270, §§ 1, 2. Compiler's Notes. In its opinion filed December 13, 2005, Opinion No. 05-177, the office of the attorney general of the state of Tennessee stated: “It is the opinion of this Office that the requirement in Tenn. Code Ann. § 41-8-107 that noncertified counties use seventy-five percent (75%) of their subsidy to fund correctional improvements was implicitly repealed by the legislative restructuring of the county reimbursement program in 1988 from a flat rate subsidy system to a system of reimbursement of reasonable allowable costs and is not enforceable. Requiring use of monies to fund correctional improvements runs counter to the concept of reimbursing counties for their reasonable allowable costs.” Attorney General Opinions. T.C.A. § 41-8-107(c) has been implicitly repealed and is not enforceable, OAG 05-177, 2005 Tenn. AG LEXIS 179 (12/13/05).