SENATE BILL 1159
By Akbari
HOUSE BILL 674
By Love
HB0674
002574
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 41,
Chapter 51, relative to correctional institutions and
inmates.
WHEREAS, data and studies consistently show that fostering connections between
incarcerated persons and their families reduces recidivism, such that regular visitation from
family members to an incarcerated person lowers the likelihood of that person reoffending; and
WHEREAS, families of incarcerated persons often spend hundreds of dollars per month
on travel costs, further marginalizing low-income households and exacerbating economic
disparity; and
WHEREAS, maintaining strong ties between an incarcerated person and that person's
family is shown to improve mental health, provide emotional support, facilitate smoother reentry
into society upon completion of their sentence, and supports the overall notion of effective and
sustainable rehabilitation and reintegration; and
WHEREAS, this state seeks to recognize and honor the importance of family
connections in rehabilitation and to reduce recidivism by supporting this initiative; now,
therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 41, Chapter 51, is amended by adding
the following as a new part:
41-51-401.
This part shall be known and may be cited as the "Proximity Placement and Family
Visitations Incentive Act."
41-51-402.
- 2 - 002574
As used in this part, unless context provides otherwise:
(1) "Actively visit" means to travel to see an eligible incarcerated person at
regular intervals, as evidenced by visitation records, documentation, and other evidence,
while the eligible incarcerated person is serving a sentence of imprisonment at a
correctional institution in this state;
(2) "Eligible incarcerated person" means a person who is incarcerated in a
correctional institution in this state who qualifies for transfer to a transfer facility located
in a home county in this state;
(3) "Home county" or "home county institution" means a county or correctional
institution or facility in a county that is itself within or is substantially closer in physical
proximity to a county where an eligible incarcerated person's family that actively visits
the incarcerated person resides or is currently domiciled, and includes counties
bordering another state; provided, however, that relocating an eligible incarcerated
person to a county within this state that borders or is substantially closer in physical
proximity to another state would effectuate the purposes of this part in encouraging
visitation between eligible incarcerated persons and their families located in or near a
state that borders this state;
(4) "Transfer":
(A) Means to provide that an eligible incarcerated person qualifies to
serve out a portion or the remainder of the incarcerated person's sentence of
incarceration at a transfer facility that is substantially closer in physical proximity
to the eligible incarcerated person's home county; and
(B) Is subject to request for transfer by an eligible incarcerated person
and approval by the unit staff of the eligible incarcerated person's correctional
facility; and
- 3 - 002574
(5) "Transfer facility" is a correctional facility that houses an eligible incarcerated
person that is substantially closer in physical proximity to the eligible incarcerated
person's home county than where the eligible incarcerated person is currently serving
out the remainder of the eligible incarcerated person's sentence of incarceration.
41-51-403.
The purpose of this part is to reduce the hardships faced by families who travel long
distances to visit incarcerated loved ones, and to incentivize positive behavior in our prisons by
granting eligible inmates an opportunity to transfer to a correctional facility that is closer in
physical proximity to the incarcerated person's home county where the incarcerated person's
family resides.
41-51-404.
The objectives of this part are to:
(1) Strengthen family bonds by making family visitation more accessible and
feasible, which has been proven to reduce recidivism;
(2) Encourage good conduct and compliance with rehabilitation programs
among prisoners by providing tangible incentives for good behavior; and
(3) Reduce financial strain on families that must travel across the state to visit an
incarcerated loved one, often incurring significant expenses in the process.
41-51-405.
(a) In order for an eligible incarcerated person to qualify to transfer to a home county
institution, the incarcerated person must:
(1) Maintain a record of good behavior for at least twelve (12) months or a
different period of time as agreed upon between unit staff at the eligible incarcerated
person's correctional facility and the eligible incarcerated person, and such agreement
must be evidenced in writing; provided, however, that any agreed upon period of time
- 4 - 002574
shall not exceed the amount of time remaining in the eligible incarcerated person's
sentence for imprisonment; and
(2) Participate in educational, vocational, or therapeutic programs offered at the
incarcerated person's facility.
(b) Priority for an eligible incarcerated person to transfer to a home county institution
must be granted to eligible incarcerated persons with family members who:
(1) Visit an eligible incarcerated person at regular intervals, as evidenced by
visitation records or other forms of documented proof; or
(2) Provide written proof of hardship due to long distances travelled in order to
visit an eligible incarcerated person. A family that demonstrates economic hardship,
including through evidence of low income or lack of transportation, must be prioritized in
determining need for transfer to a home county facility.
41-51-406.
(a) The department of correction has the power and duty to take appropriate actions to
effectuate the purposes, objectives, and policies of this part. Powers and duties of the
department under this part include the following:
(1) In collaboration with the inmate disciplinary oversight board, created under §
41-21-1002, provide a report detailing:
(A) Family visitation metrics and reporting for eligible incarcerated
persons,
(B) The number of eligible incarcerated persons who are eligible for
transfer;
(C) The number of inmates who were transferred to home county
institutions;
- 5 - 002574
(D) The details of any agreement and the duration of good behavior
agreed upon between an eligible incarcerated person and the unit staff at the
eligible incarcerated person's correctional facility, as permitted under § 41-51-
405(a)(1), including a copy of any agreement made thereto; and
(E) Pursuant to a transfer to a home county facility, any fluctuations in
family visitation rates and report on any positive impacts the improved proximity
placement to family the transfer has had on prisoner behavior and family
wellbeing;
(2) Ensuring a transparent application and review process between eligible
incarcerated persons and the unit staff at the correctional institutions;
(3) Providing oversight and taking corrective measures when necessary to
address shortcomings in the application and review process;
(4) Providing guidance and oversight regarding the transfer process of eligible
incarcerated persons in order to effectuate a rapid, safe, effective, and efficient transfer
for eligible incarcerated persons to a home county institution;
(5) Creating a public awareness campaign that outlines the provisions of this
part as applicable to eligible incarcerated persons that highlights the benefits that close
proximity to family members has on reducing recidivism and enhancing rehabilitation
outcomes for inmates, and ensure such information and any related resources are
available to incarcerated persons and their families statewide; and
(6) Where necessary, collaborating with local law enforcement and correctional
institutional staff to effectuate the purposes, objectives, and policies of this part.
(b) The department shall submit the report required under subdivision (a)(1) to the
senate state and local committee and the committee of the house of representatives with
- 6 - 002574
jurisdiction over subject matter pertaining to corrections at least annually, or more often, at the
discretion of the chairs of such committees.
SECTION 2. This act does not repeal or modify the Interstate Corrections Compact,
compiled in Tennessee Code Annotated, Title 41, Chapter 23, Part 1, or state law regarding the
safekeeping or transfer of inmates to penitentiaries, as provided in Tennessee Code Annotated,
Section 40-23-107, nor any administrative authority granted to an administrative agency to
oversee corrections or the handling of inmates in this state, nor sentence credits, terms, or the
duration of any term of imprisonment being served by an inmate in this state, nor any other
applicable state, local, or federal laws.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.