Detention After Term of Imprisonment

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After the term for which a prisoner is imprisoned has expired, the prisoner shall be detained until the fine and costs are paid, as provided in §41-3-104.

Code 1858, § 5417; Shan., § 7397; Code 1932, § 12003; T.C.A. (orig. ed.), § 41-1405.

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.


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