40-28-201 - Parolees, probationers and employed releasees Contributions required Arrearages Records. - Tennessee Statutes

40-28-201. Parolees, probationers and employed releasees Contributions required Arrearages Records.

(a)  (1)  Except in those cases waived by the board as hardship cases, any person who is placed on parole, any person who is granted suspension of sentence and probation by a court of competent jurisdiction or any person who is participating in any program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the board of probation and parole, whether community-based or otherwise (such person shall be referred to as “employed releasee” in this part), and who is under the supervision of the board, and based on the person's ability to pay, shall be required to contribute fifteen dollars ($15.00) per month toward the cost of the person's supervision and rehabilitation. The contribution shall be deposited in the board of probation and parole supervision and rehabilitation fund established pursuant to § 40-28-203. The provisions of this subdivision (a)(1) shall also apply to any probationer or parolee transferred to the state of Tennessee from another state under the supervision of the interstate compact for the supervision of adult offenders, compiled as part 4 of this chapter. In addition, any offender who is under the jurisdiction and supervision of the board who requests to transfer residence to another state under the interstate compact for the supervision of adult offenders, compiled in part 4 of this chapter, shall pay to the board an application fee for the transfer. This fee shall be set by rule promulgated by the board.

     (2)  In addition to the other charges and fees imposed by this section, any person who is under the jurisdiction and supervision of the board and is enrolled in an electronic monitoring and tracking supervision program shall be required to contribute funds as the board deems necessary and reasonable to cover the applicable costs of the program. The provisions of this subdivision (a)(2) shall also apply to any probationer or parolee for violation of a serious offense or sexually violent offense, as defined in § 40-39-201, transferred to the state of Tennessee from another state under the interstate compact for supervision of adult offenders, compiled as part 4 of this chapter.

     (3)  The board shall make an investigation of the financial and other circumstances of any person who is placed on parole, any person who is granted suspension of sentence and probation by a court of competent jurisdiction or any person who is participating in any program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the board, whether community-based or otherwise, and who is under the supervision of the board and, based on the person's ability to pay, shall require the person to pay thirty dollars ($30.00) for each month or portion of a month the person remains under the jurisdiction of the board, to the criminal injuries compensation fund established in § 40-24-107, beginning thirty (30) days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the date of employment. The payment required under this subdivision (a)(2) shall not exceed ten percent (10%) of the offender's net income. In cases of hardship as set forth in § 40-28-202, the board may modify the payment required by this item to an appropriate amount given the nature and magnitude of the hardship.

     (4)  Except in those cases waived by the department of correction as hardship cases, any person who is participating in any department of correction program whereby the person is permitted in an environment away from the direct, constant, and immediate supervision of the department of correction, whether community-based or otherwise (the person shall be referred to as “employed releasee” in this part), and who is under the supervision of the department, and based on the person's ability to pay, shall be required to contribute five dollars ($5.00) per month toward the cost of the person's supervision and rehabilitation. The department of correction shall deposit the contribution as departmental revenue of the institution.

(b)  (1)  The sums shall be deducted by the parolee or probationer from the person's monthly net earned income and shall be delivered to the board on or before the fifth day of each month, or as provided in §§ 40-28-203 and 40-28-204 before the tenth day of each month. In the case of an employed releasee, the contributions shall be made through existing revenue deduction procedures.

     (2)  By prior agreement between an employer and employee, an employer may deduct the amount necessary to satisfy the contributions required pursuant to this section, from the monthly earned income of the parolee, probationer or other employed releasee, and remit the amount to the board by the fifth day of each month.

     (3)  The responsibility of assuring the contributions shall remain that of the parolee, probationer or employed releasee.

(c)  In the event of more than two (2) months' arrearage or delinquency in making either or both of the contributions, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole, probation or other release program of the person in arrears.

(d)  Separate records shall be maintained of those funds contributed toward the cost of a person's supervision and rehabilitation by the board of probation and parole and those funds contributed to the criminal injuries compensation fund.

[Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(a); Acts 1984, ch. 752, § 6; 1985, ch. 211, § 1; 1988, ch. 528, §§ 1-4; 1989, ch. 227, § 48; 1995, ch. 497, § 1; 1998, ch. 1049, §§ 24, 66; 2004, ch. 899, § 4; 2005, ch. 149, §§ 1, 2; 2009, ch. 313, § 1; 2009, ch. 531, §§ 16, 17.]