40-28-202 - - Tennessee Statutes

40-28-202. “Hardship” defined.

As used in § 40-28-201, “hardship” includes, but is not limited to, the following:

     (1)  If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits;

     (2)  If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement;

     (3)  If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working;

     (4)  Any parolee transferred to another state under the supervision of the interstate compact for the supervision of probationers or parolees, compiled as part 4 of this chapter;

     (5)  If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.;

     (6)  Any person already paying restitution to a victim under a board program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201;

     (7)  Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census; and

     (8)  Notwithstanding the provisions of this section, every person placed on probation or granted parole shall pay a minimum of five dollars ($5.00) to the supervision fund, except those individuals claiming a hardship exemption under subdivisions (1), (3) and (4).

[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(d); Acts 1988, ch. 528, § 5; 1989, ch. 227, § 49; 1995, ch. 497, § 3; 1998, ch. 1049, § 24.]