Tennessee § 40-35-314 - Confinement in local jail or workhouse — Eligibility — Jurisdiction of sentencing court — Transfer for violation of jail rules — Participation in Work Program.

§ 40-35-314. Confinement in local jail or workhouse — Eligibility — Jurisdiction of sentencing court — Transfer for violation of jail rules — Participation in Work Program.

If confinement is directed, the court shall designate the place of confinement as a local jail or workhouse if required pursuant to § 40-35-104(b) or, if the sentence is eight (8) years or less and combined with periodic or split confinement not to exceed one (1) year, the court shall designate the place of confinement as a local jail or workhouse. If confinement in a local jail or workhouse is not mandated by § 40-35-104(b), § 40-35-306 or § 40-35-307, all convicted felons sentenced after November 1, 1989, to continuous confinement for a period of one (1) year or more shall be sentenced to the department of correction. After November 1, 1989, if a court sentences or has sentenced a defendant to a local jail or workhouse when the court was not authorized to do so by this chapter, it shall be deemed that the sentence was a sentence to the department, and the commissioner of correction shall have the authority to take the defendant into the custody of the department. When imposing the sentence to the local jail or workhouse, the defendant is eligible for release classification status as provided in this chapter; however, the court may specify an earlier percentage of eligibility for all programs except parole. This percentage shall be expressed in one (1) of the following numeric percentages: zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%) or fifty percent (50%); provided, that the percentage shall be no higher than the release eligibility percentage under § 40-35-501. In the event the judgment does not specify a percentage as provided in subdivision (b)(1), the defendant shall be eligible for the programs, except parole, six (6) months prior to release eligibility date under § 40-35-501. The court shall retain full jurisdiction over the defendant during the term of the sentence and may reduce or modify the sentence or may place the defendant on probation supervision where otherwise eligible. Following the first application, applications to reduce or to alter the manner of the service of the sentence may be made at no less than two (2) month intervals. If a defendant serving a felony sentence violates any condition or rule of the local jail or workhouse, the court shall have full authority to sentence the defendant to continuous confinement in the department of correction for a period not to exceed the remainder of the full sentence originally imposed. If a defendant serving a felony sentence in a local jail or workhouse develops medical problems that the local jail or workhouse is not equipped to treat, the court shall have full authority to transfer the defendant to the department of correction. If transfer is ordered under this subsection (e), the court shall retain full jurisdiction over the defendant to reduce or modify the sentence. Subsection (b) also applies to defendants sentenced to the department during the time the defendants are being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d). Any defendant convicted of a felony and sentenced to serve such sentence in a local jail or workhouse pursuant to this section, § 40-35-104(b), § 40-35-306, or § 40-35-307 shall be ordered, as a part of the sentence, to participate in any work program operated by the jail or workhouse in which the defendant is incarcerated. The sheriff may opt the county out of the requirements of this subsection (g) if the sheriff's local jail or workhouse does not operate a work program or, if it does operate such a program, the increased number of inmates participating would exceed the sheriff's ability to provide security, transportation, or requested work projects. The sheriff may excuse any one (1) or more individual inmates sentenced to the work program if, in the judgment of the sheriff: The inmate would pose a security or escape risk to the public or other inmates if allowed to participate in a work program outside the facility; The inmate has physical or mental health conditions that would preclude the inmate from successfully participating in a work program or would endanger others if allowed to participate; or The county cannot afford to provide the security or transportation for one (1) or more inmates sentenced to the work program pursuant to this section. Any inmate who knowingly refuses to participate in a work program after being sentenced to do so pursuant to this section shall be considered to have violated a rule of the local jail or workhouse and the court may act upon such violation as provided in subsection (d). The liability of any county whose local jail or workhouse operates a work program shall not be increased or changed solely because the work program uses inmates sentenced to the program pursuant to this subsection (g). Acts 1989, ch. 591, § 6; 1991, ch. 374, § 3; 2013, ch. 168, § 1. Sentencing Commission Comments. This section contains a major alteration in prior law regarding the availability of local facilities for continuous incarceration purposes. Section 40-35-212 provides that, with certain exceptions, all felony sentences, where incarceration is directed, must be served in the department of correction. Under the philosophy of this chapter, local facilities should be reserved for incarceration of sentences of less than one year, with certain exceptions. Local jails and workhouses are not prisons and, in many cases, do not have adequate facilities for housing offenders for extended periods of time. There are certain exceptions to this policy. First, as set forth in subsection (a), if the sentence is eight years or less and the defendant receives split or periodic confinement in conjunction with probation, then the defendant must be sentenced to a local jail or workhouse to serve this period of one year of less. Second, as provided in subsection (a), certain felons must be sentenced to local facilities if required pursuant to § 40-35-104(b) , which is the “local option” incarceration provision. As noted in the comments to that section, counties may contract with the state to house felons. The third exception exists under § 40-35-211(2) for felony sentences which carry a minimum of one year and the judge imposes a sentence of less than one year; such sentences must be served in the local jail or workhouse. If the defendant is sentenced to the local jail or workhouse as addressed above, the remaining provisions of this section deal with the administrative aspects of incarceration in a local facility. Subsection (b) follows prior law and permits the trial judge to specify an earlier eligibility date for all rehabilitative programs except for parole. Subsection (c) allows the court to modify the sentence at any time and to retain full jurisdiction for such purposes. Subsection (d) provides that, even though a defendant may be sentenced to a local facility, if the defendant becomes disruptive, the judge has the authority to sentence such defendant to the department. This is an exception to those other statutory provisions which prohibit incarceration in the department under the local option provisions. In some instances a felon sentenced to a local facility may require transfer to the department for medical reasons. In such cases, it would be unfair to the defendant to deprive the court of the authority to later modify his or her sentence which is usually prohibited for sentences to the department. Consequently, a prisoner transferred to the department under this subsection may apply to the court for modification of his or her sentence. Subsection (f) permits the court to specify an earlier percentage of eligibility for rehabilitative programs, other than parole, for prisoners sentenced to the department but who are housed in local facilities awaiting transportation to the department. The trial court may modify the sentence of a defendant sentenced to the department and housed in the local facility awaiting transportation. See § 40-35-212(d) . Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2013, ch. 168, § 2 provided that the act, which added subsection (g), shall apply to any person sentenced to a local jail or workhouse pursuant to this section, § 40-35-104(b) , § 40-35-306 or § 40-35-307 on or after July 1, 2013. Cross-References. Certain prisoners in local jails or workhouses, release on work-related programs, § 41-2-147 . Court to determine location and conditions of sentence, § 40-35-212 . Court to impose determinate sentences only, § 40-35-211 . Execution of judgment, title 40, ch. 23. Probation, paroles, and pardons, title 40, ch. 28. Release privileges, title 41, ch. 21, part 7. Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Work programs, title 41, ch. 22. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.82, 32.122, 32.132, 32.200, 32.256. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 45. Attorney General Opinions. Applicability, OAG 90-66, 1990 Tenn. AG LEXIS 66 (6/12/90).