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Tennessee Code Title 40. Criminal Procedure § 40-35-323

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) The department of correction shall make four (4) grants in the amount of two hundred fifty thousand dollars ($250,000) each to local county sheriff or probation departments to fund reentry programs that reduce recidivism and probation revocations. The department shall set the guidelines for the request for grant proposals. Priority shall be given to grant proposals that include one (1) or more of the following characteristics:

(1) Programs that seek a targeted reduction in recidivism or probation revocations;

(2) Programs that identify potential participants by use of a validated risk assessment tool designed for its intended use and target the most intensive supervision and treatment for people at a high risk of reoffending;

(3) Programs that use evidence-based rehabilitative services designed to address primarily criminogenic needs;

(4) Programs that must be evaluated annually for effectiveness using a nationally recognized assessment, such as the correctional program checklist and correctional program assessment inventory; and

(5) Programs that advance interventions that are tailored to fit the learning styles, motivation, and strengths of individual participants.

(b) No more than seventy-five percent (75%) of available grant funds shall be provided upfront to the recipient to continue or establish a program that meets the requirements of this section. The remaining amount of grant funds shall be awarded only if the recipient meets clearly measurable outcomes aimed at reducing recidivism or probation revocations as agreed upon between the department and the grant recipient.

(c)(1) For county sheriff department recipients, the measureable outcomes shall include a percentage reduction in recidivism among those who are incarcerated in the county jail at the time the grant is awarded.

(2) For the purposes of this section, “recidivism” means the percentage of convicted misdemeanants, locally-sentenced felons, or state-sentenced felons, who are incarcerated in a state or local facility within three (3) years of the year in which such persons were released from incarceration from the recipients' facility.

(3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.

(d)(1) For county probation department recipients, the measureable outcomes shall include a percentage reduction in probation revocations among those persons under the probation department's supervision at the time the grant is awarded.

(2) For purposes of this subsection, “percentage reduction in probation revocations” means the percentage of people on supervised probation in the county who are subsequently admitted to the local jail or state department of correction after revocation of their supervision.

(3) The baseline for this rate shall be an average of the three (3) fiscal years immediately preceding the fiscal year in which the grant is awarded.

(e) The monies appropriated to fund this section shall be used to supplement, not supplant, any other state or county appropriation for the recipient.

(f) No later than December 31 of each year, the department of correction shall report to the speaker of the house of representatives and speaker of the senate the grants awarded pursuant to this section and the results of the measurable outcomes agreed upon between the department and recipients for the previous fiscal year. The report shall be made available publicly on the department of correction's website.

(g) For the purposes of this section, “probation department” does not mean the department of correction probation department or its offices.

(h) For the purposes of this section, an eligible program participant is a convicted misdemeanant, locally-sentenced felon, or state-sentenced felon who will be incarcerated for such a period of time that will allow for completion of the program before release from incarceration or expiration of sentence; provided, that the offender must not be transported to serve their sentence in a state prison in the custody of the department of correction after successful completion of the program.

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-35-323 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-35-323/

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