41-8-103 - Chapter definitions. - Tennessee Statutes

41-8-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Applicant county” means any county which applies to participate in the program;

     (2)  “Approved applicant county” means any county selected as a “participating county” and any other “applicant county” certified by the commissioner as having submitted an acceptable proposal for participation in the program at a future date;

     (3)  “Certified” refers to whether any jail, workhouse, or penal farm facility has been found to have met the minimum standards for local correctional facilities as provided for in § 41-4-140. Determination as to whether any facility has met these minimum standards shall be made by the director of the jail inspection division of the Tennessee corrections institute and certified to the county mayor and to the state judicial cost accountant;

     (4)  “Commissioner” means the commissioner of correction, or the commissioner's designee;

     (5)  “County correctional incentive program” or “program” means the method of providing financial assistance and incentive to counties for the purposes provided in this chapter, through increased subsidies, grants, or loans;

     (6)  “Detainee day” refers to each day each state prisoner was held by a county prior to judgment, which shall include acquittal, or prior to delivery to the department of correction during a designated contract period;

     (7)  “Grant” means those funds provided under the provisions of this chapter, by the state to the county, for which the state does not require repayment by the county;

     (8)  “Loan” means those funds provided under the provisions of this chapter, by the state to the county, for which the state does require repayment by the county;

     (9)  “Participating county” means any county having a certified or provisionally certified facility or any other county selected for participation in the program by the commissioner;

     (10)  “Plan” means the method by which the county intends to utilize the assistance available under this chapter;

     (11)  “Prisoner day” refers to each day each state prisoner was held by a county pursuant to § 40-23-104 or § 40-35-311 and during a designated contract period, where applicable. “Prisoner day” also refers to each day each state prisoner sentenced to the department of correction was held by a county after the first five (5) days of incarceration following sentencing, and during a designated contract period, where applicable; provided, that the prisoner's commitment to the department was delayed pursuant to chapter 1, part 5, of this title or pursuant to the order of a federal court; and

     (12)  “Subsidy” means that amount of money paid by the state to a county in accordance with § 41-8-106.

[Acts 1981, ch. 491, § 3; T.C.A., § 41-10-103; Acts 1983, ch. 357, §§ 1, 2; 1984, ch. 896, § 1; 1985 (1st E.S.), ch. 5, § 55; 1986, ch. 744, § 25; 2003, ch. 90, § 2.]