Detention for Failure to Pay Fines and Costs

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If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by the proceeds of the prisoner's labor.

Code 1858, § 5415; Shan., § 7395; mod. Code 1932, § 12002; T.C.A. (orig. ed.), § 41-1404.

Code Commission Notes.

Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington, 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.193.


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