Tennessee § 40-36-105 - Duties of the department of correction.

§ 40-36-105. Duties of the department of correction.

In addition to those otherwise provided by law, the department of correction has the following powers, duties and responsibilities: Administer this chapter within the goals and mandates of this chapter; Conduct statewide public education concerning the purposes and goals of this chapter and make a report to the committee of the house of representatives having oversight over corrections, judiciary committee of the senate, and fiscal review committee regarding the effectiveness of diversion of offenders from state correctional institutions; Provide technical assistance and training to local governments, private agencies and local community corrections advisory boards regarding community corrections and this chapter; Facilitate the development of local community corrections plans; Develop minimum standards, policies and administrative rules in accordance with the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the statewide implementation of this chapter; Develop and implement an application process and procedures; Review community corrections plans and provide grant funding; and Conduct an annual program evaluation of all programs once per year or as often as needed to ensure program accountability. Acts 1985 (1st Ex. Sess.), ch. 3, § 14; 1998, ch. 1049, § 45; 2012, ch. 727, § 46; 2013, ch. 236, § 44; 2019, ch. 345, § 61. Compiler's Notes. For the Preamble to the act concerning the transfer 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 the introductory paragraph, shall be fully accomplished on or before January 1, 2013. Amendments. The 2016 amendment substituted “the committee of the house of representatives having oversight over corrections” for “the criminal justice committee of the house of representatives” in (2). The 2019 amendment substituted “the committee of the house of representatives having oversight over corrections” for “the criminal justice committee of the house of representatives” in (2). Effective Dates. Acts 2019, ch. 345, § 148. May 10, 2019. Attorney General Opinions. The Tennessee Department of Correction has the sole authority to supervise and direct the community corrections program and establish standards according to which community corrections grantees and their employees must operate. Under the current standards, community corrections officers do not have authority to conduct searches. A court may impose conditions on an individual who is sentenced to community corrections, including requiring the individual to consent to searches of his home or property., but a court may not order or authorize a community corrections officer to conduct a search of an offender if the officer lacks authority to do so. OAG 18-08, 2018 Tenn. AG LEXIS 7 (3/8/2018).