Tennessee § 40-28-202 - “Hardship” defined.

§ 40-28-202. “Hardship” defined.

As used in § 40-28-201, “hardship” includes, but is not limited to, the following: If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits; If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement; If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working; Any parolee transferred to another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled as part 4 of this chapter; If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.; Any person already paying restitution to a victim under a department program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201; and Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census. Notwithstanding the provisions of this section, every person placed on probation or granted parole shall pay a minimum of five dollars ($5.00) to the supervision fund, except those individuals claiming a hardship exemption under subdivisions (a)(1), (3) and (4). 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(d); Acts 1988, ch. 528, § 5; 1989, ch. 227, § 49; 1995, ch. 497, § 3; 1998, ch. 1049, § 24; 2012, ch. 727, § 37. Compiler's Notes. 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 subdivision (a)(6), shall be fully accomplished on or before January 1, 2013. Cross-References. Criminal injuries compensation fund, § 40-24-107 .