Tennessee § 40-28-201 - Parolees, probationers and employed releasees — Contributions required — Arrearages — Records.

§ 40-28-201. Parolees, probationers and employed releasees — Contributions required — Arrearages — Records.

Except in those cases waived by the director as hardship cases, any person who is placed on parole or any person who is granted suspension of sentence and probation by a court of competent jurisdiction, and who is under the supervision of the department, and based on the person's ability to pay, shall be required to contribute fifteen dollars ($15.00) per month toward the cost of the person's supervision and rehabilitation. The contribution shall be deposited in the department of correction supervision and rehabilitation fund established pursuant to § 40-28-203. This subdivision (a)(1) shall also apply to any probationer or parolee transferred to the state of Tennessee from another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled in part 4 of this chapter. In addition, any offender who is under the supervision of the department who requests to transfer residence to another state under the Interstate Compact for the Supervision of Adult Offenders shall pay to the department an application fee for the transfer. In addition to the other charges and fees imposed by this section, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to contribute funds as the department deems necessary and reasonable to cover the applicable costs of the program. This subdivision (a)(2) shall also apply to any probationer or parolee for violation of a serious offense or sexually violent offense, as defined in § 40-39-202, transferred to the state of Tennessee from another state under the Interstate Compact for the Supervision of Adult Offenders. The department shall make an investigation of the financial and other circumstances of the following persons: Any person who is placed on parole; Any person who is granted suspension of sentence and probation by a court of competent jurisdiction; or Any person who is participating in any program in which the person is permitted in an environment away from the direct, constant, and immediate supervision of the department, whether community-based or otherwise, and who is under the supervision of the department. Based on the person's ability to pay, the department shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the supervision of the department, to the criminal injuries compensation fund established in § 40-24-107, beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(3) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202, the department may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship. Except in those cases waived by the department of correction as hardship cases, any inmate who is participating in any department of correction program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the department of correction, whether community-based or otherwise (the inmate shall be referred to as “employed releasee” in this part), and who is under the supervision of the department, and based on the inmate's ability to pay, shall be required to contribute five dollars ($5.00) per month toward the cost of the inmate's supervision and rehabilitation. The department of correction shall deposit the contribution as departmental revenue of the institution. In addition to the other charges and fees imposed by this section, beginning July 1, 2018, any person who is under the supervision of the department and is enrolled in an electronic monitoring and tracking supervision program shall be required to pay a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device. All proceeds collected pursuant to this subdivision (a)(5) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419. The sums shall be deducted by the parolee or probationer from the person's monthly net earned income and shall be delivered to the department on or before the fifth day of each month, or as provided in §§ 40-28-203 and 40-28-204 before the tenth day of each month. In the case of an employed releasee, the contributions shall be made through existing revenue deduction procedures. By prior agreement between an employer and employee, an employer may deduct the amount necessary to satisfy the contributions required pursuant to this section, from the monthly earned income of the parolee, probationer or other employed releasee, and remit the amount to the department by the fifth day of each month. The responsibility of assuring the contributions shall remain that of the parolee, probationer or employed releasee. In the event of more than two (2) months' arrearage or delinquency in making either or both of the contributions, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole, probation or other release program of the person in arrears. Separate records shall be maintained of those funds contributed toward the cost of a person's supervision and rehabilitation by the department and those funds contributed to the criminal injuries compensation fund. Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(a); Acts 1984, ch. 752, § 6; 1985, ch. 211, § 1; 1988, ch. 528, §§ 1-4; 1989, ch. 227, § 48; 1995, ch. 497, § 1; 1998, ch. 1049, §§ 24, 66; 2004, ch. 899, § 4; 2005, ch. 149, §§ 1, 2; 2009, ch. 313, § 1; 2009, ch. 531, §§ 16, 17; 2011, ch. 483, § 3; 2012, ch. 727, § 36; 2018, ch. 1046, § 9. Compiler's Notes. For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531. For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended this section, shall be fully accomplished on or before January 1, 2013. Acts 2018, ch. 1046, § 12 provided that the act, which amended this section, shall apply to offenses committed on or after July 1, 2018. Amendments. The 2018 amendment added (a)(5). Effective Dates. Acts 2018, ch. 1046, § 12. July 1, 2018. Cross-References. Interstate compact for supervision of adult offenders, title 40, ch. 28, part 4. Revocation of parole, §§ 40-28-121 , 40-28-122 , 40-28-123 . Revocation of probation, §§ 40-35-310 , 40-35-311 . Serious and Violent Sex Offender Monitoring Pilot Project Act, title 40, chapter 39, part 3. Law Reviews. Compensating Violent Crime Victims in the State of Tennessee (Keith Jordan), 20 No. 3 Tenn. B.J. 9 (1984).