(a) For the purposes of this section, unless the context otherwise requires, “out-of-state prisoner” means a person incarcerated in a correctional facility within this state on behalf of a state other than Tennessee or a governmental entity whose jurisdiction is outside of Tennessee. “Out-of-state prisoner” does not include a person incarcerated on behalf of an Indian tribe or on behalf of the United States.

Terms Used In Tennessee Code 41-24-119

  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department. See Tennessee Code 41-24-102
  • facility: means any adult institution operated by or under the authority of the department. See Tennessee Code 41-24-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Notwithstanding any law to the contrary, after May 8, 2007, no prison contractor shall contract to accept an out-of-state prisoner for incarceration within any correctional facility operated by the prison contractor within Tennessee unless the sending state contractually agrees to return, and to pay the full costs of returning, the prisoner to the sending state prior to the prisoner’s release from incarceration.
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