Persons Confined — Evaluation Authorized

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  1. In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safekeeping or confinement of the following persons:
    1. Persons committed for trial for public offenses;
    2. Inmates sentenced to imprisonment in the penitentiary, until their removal to the penitentiary;
    3. Persons committed for contempt or on civil process;
    4. Persons committed on failure to give security for their appearance as witnesses in any criminal cases;
    5. Persons charged with or convicted of a criminal offense against the United States;
    6. Insane persons, pending transfer to a hospital for the insane or other disposition; and
    7. All other persons committed to the jail  by authority of law.
  2. The jailer may perform evaluations of the persons listed in subdivisions (a)(1)-(7) for purposes of classification, management, care, control and cell assignment.

Code 1932, § 11980; Acts 1978, ch. 602, § 1; T.C.A. (orig. ed.), § 41-1103.

Cross-References. Community-based screening process, pre-screening agents, §33-6-104.

Confinement for short terms in felony cases, §40-20-103.

Law Reviews.

The New Tennessee Code (Charles C. Trabue), 10 Tenn. L. Rev. 155 (1932).

Attorney General Opinions. County liability for cost of incarcerating misdemeanant before sentencing, OAG 98-159, 1998 Tenn. AG LEXIS 159 (8/24/98).

A county jail must accept all arrested persons and may not refuse to take custody of an arrestee; however, a jail may make arrangements for medical treatment or transfer a prisoner to the nearest jail sufficient to care for the prisoner's medical needs if it cannot do so and may have the prisoner transferred to the nearest sufficient jail if it is over its approved capacity, OAG 02-015, 2002 Tenn. AG LEXIS 16 (2/6/02).


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