Tennessee DOC Adult Pay to Stay Policy

To Whom It May Concern:

Pursuant to the Tennessee Public Records Act, I hereby request the following records:

1) All current policies and procedures regarding medical and room & board costs or fees for which inmates are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

2) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of individuals charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Elijah Salisbury.

Hi Dorinda,

Thank you so much for helping with this request. I've attached proof of residency below.

Sincerely,

MuckRock
[Attachment Redacted]

Hello,

This request has already been submitted via portal and proof of residency has been sent. Please provide an update on this request. Thank you for your help.

Sincerely,
MuckRock

Dear Dorinda Carter,

Thank you for taking the time to address my request for records. I noticed that in the documents provided there is no mention of room and board fees as a service that inmates can be charged for within the Department of Corrections. However, I've found additional statutory language regarding these fees and were hoping you would be able to help clarify the possible discrepancy. Specifically the statute language listed below:

Tenn. Code Ann. § 41-21-905
(a) The department shall investigate or cause to be investigated each report furnished pursuant to § 41-21-904.
(b) If the department, upon completing the investigation, has good cause to believe that an inmate has sufficient assets to recover not less than ten percent (10%) of the estimated cost of the inmate for two (2) years or ten percent (10%) of the cost of care of the inmate, whichever is less, the commissioner shall forward reports concerning those inmates to the attorney general and reporter for appropriate action. The attorney general and reporter shall seek to secure reimbursement for the expense to the state of Tennessee for the cost of care of that inmate.
(c) Not more than ninety percent (90%) of the value of the assets of the inmate may be used for purposes of securing costs and reimbursement under this part.

Thank you in advance for taking the time to assist us in this matter

Sincerely,
Elijah Salisbury