Tennessee Code 16-3-909 – Duties of council – Fingerprint sample and criminal history records check – Reinstatement of license – Promulgation of rules and regulations
(a) The purpose of the council is to ensure that uniform professional and contract standards are practiced and maintained by private corporations, enterprises and entities rendering general misdemeanor probation supervision, counseling and collection services to the courts. To such end, the council shall:
Terms Used In Tennessee Code 16-3-909
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Oversight: Committee review of the activities of a Federal agency or program.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
(1) Provide oversight of private entities;(2) Promulgate uniform professional standards and uniform contract standards for private entities;(3) Establish forty (40) hours of orientation for new private probation officers and eight (8) hours of annual continuing education;(4) Promulgate rules and regulations regarding noncompliance with the uniform professional standards and uniform contract standards;(5) Promulgate rules and regulations requiring periodic registration of all private entities; and(6) Publish an annual summary report.(b) The council:
(1) May reinstate a license upon the payment of a renewal fee, as set by the council; and(2) Shall establish a late renewal fee, to be equal to twenty-five percent (25%) of the registration fee.(c) All rules and regulations promulgated pursuant to subsection (a) shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(d)(1) All private probation officers to be employed by entities providing private probation services pursuant to this part shall:
(A) Be required to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) or other vendor contracted for the same purposes prior to being employed with such entities; and(B) Agree that the TBI may send to the council information indicating the results of the criminal history records check. The results will indicate whether the applicant has a criminal conviction that would result in a private probation officer being denied employment by such entities.(2) The applicant shall pay any reasonable costs incurred by the TBI or FBI, or both, in conducting an investigation of an applicant for employment as a private probation officer. In lieu of additional criminal history records checks for subsequent applications for employment, the applicant may submit copies of the applicant’s initial criminal history records check documentation and shall not be required to pay any additional costs.
