Tenn. Comp. R. & Regs. 0420-02-03-.07 - PAYMENT OF COMPENSATION
(1) Compensation to
counties for housing felons locally will be paid by establishing an average
daily cost for care of the felony inmates based upon the criterion of
"reasonable allowable costs" as outlined above. Payment shall initially be made
by establishing an interim (estimated) daily inmate cost for each county to be
followed by payment on an annual basis of the difference between the interim
daily inmate cost and what is determined to be a county's actual daily inmate
cost for that year.
(2) Interim
Rate
(a) Each county's interim daily inmate
cost will be established for each fiscal year beginning on July 1. A county's
interim daily rate shall be based on 90% of its estimated operating costs for
the fiscal year divided by the total estimated inmate days for the fiscal year.
An interim cost data sheet and supporting schedules as designed by the Judicial
Cost Accountant must be certified by the chief executive officer of the county
and filed with the Judicial Cost Accountant within thirty (30) days after
adoption of the county's budget. The sheriff or other appropriate official must
certify the total estimated inmate days.
(b) The county must submit a copy of the
compensatory plan for its correctional officers and employees at the same time
that its interim daily inmate cost estimate is filed with the Judicial Cost
Accountant.
(c) In the event a
county's budget has not been approved by the appropriate legislative body by
August 31 of a fiscal year, an interim daily inmate cost may be established by
dividing the net operating expenses for the previous fiscal year by the total
estimated inmate days for the fiscal year for which the rate applies.
(d) Any county which filed a final cost
determination for the previous fiscal year may elect to have its interim daily
inmate cost established by using the new operating cost of the previous fiscal
year, increased by three percent (3%), as a base prior to establishment of the
interim cost as provided by paragraph (a) above. Should a county choose to
utilize this method, the county's chief executive officer shall promptly notify
the Judicial Cost Accountant of this decision by letter.
(e) A county may, on an annual basis, elect
to be reimbursed for incarcerating state prisoners at a flat rate in lieu of
basing the amount of such reimbursement on the criterion of "reasonable
allowable cost". In the event a county wishes to make such an election, the
County Commission must pass a resolution providing that, for the forthcoming
fiscal year, the county has elected to be reimbursed for housing state
prisoners at the applicable flat rate of reimbursement and must notify the
Judicial Cost Accountant of its decision by letter accompanied by a certified
copy of said resolution. Claims for reimbursement for nonparticipating
facilities will be filed in the same manner as claims of participating
facilities. The flat rate of reimbursement will vary based upon a county's
operating capacity as determined by the Tennessee Correction Institute. If the
county's rated capacity on January 1 of the preceding fiscal year is greater
than, or equal to, one hundred (100) inmates, a county so choosing will be
reimbursed at the rate of twenty dollars ($20.00) per day for each convicted
felon it houses; otherwise, the county will be reimbursed at the rate of
eighteen dollars ($18.00) per day for each convicted felon it houses.
Notwithstanding any other provision in these rules, no county, even those
receiving reimbursement based upon the "reasonable allowable cost" criterion,
shall receive less than eighteen dollars ($18.00) per day for each convicted
felon it houses.
(f) If extenuating
circumstances occur during a fiscal year which cause an appreciable variance in
the interim daily inmate cost or a county's operating capacity, the county may
submit a request for adjustment of its interim daily inmate cost rate to the
Judicial Cost Accountant. The Judicial Cost Accountant, in consultation with
the Department of Correction, shall determine the reasonableness of all
requests for interim rate changes and notify each county of approval or
disapproval of its request.
(g) The
interim daily inmate cost shall be used in billings for the actual state
prisoners incarcerated during the fiscal year. Billings to the state shall
occur on a monthly basis. Payment on behalf of the state shall be made to a
county following approval of a county's monthly billing by the Judicial Cost
Accountant. The final monthly payment by the state to a county for a fiscal
year shall not be payable until determination of actual daily inmate cost and
approval of all of a county's monthly billings for state prisoners. The final
payment to a participating county shall be sufficient to reimburse the county
one hundred percent (100%) of the actual cost of housing state prisoners which
the county incurred in the preceding fiscal year.
(h) Notwithstanding any other provision in
these rules, the Commissioner of Correction shall have the authority, upon
application by the county, the submission of such information as the
commissioner may require and consultation with the Comptroller of the Treasury,
to determine a county's interim reimbursement rate. Any county which has its
interim rate so determined by the commissioner must still complete and submit
to the Judicial Cost Accountant cost data sheets and supporting schedules in
order that an actual daily inmate cost may be determined for the county as
provided in paragraph 042023.07(3) of these rules.
(3) Actual Rate
(a) Within sixty (60) days after the end of
each fiscal year, each participating county shall determine its actual daily
cost for detaining state prisoners based on its actual operating costs for the
year divided by the total number of inmate days for the same year. A final cost
data sheet, in such form as may be established by the Judicial Cost Accountant
in consultation with the Department of Correction, must be completed and
certified by the chief executive officer of the county. The sheriff or other
appropriate official shall certify the total actual inmate days for the
year.
(b) The final compensation
paid to a county by the state for the fiscal year will be equal to the state's
proportionate share of the total allowable operating costs of the
facility.
(c) Upon determining its
actual daily inmate cost, a county shall, within thirty (30) days, submit a
report to the Judicial Cost Accountant which must include the cost data sheet
and supporting schedules showing the computation of the actual daily inmate
cost. If additional funds are due the county over and above what has been paid
to a county in interim rates payments, an invoice for the difference shall be
included or, if an overpayment has occurred, a payment credit given to the
state.
(4)
(a) Monthly subsidy payments shall be made
only after the Judicial Cost Accountant receives from the county a report
containing the following information about each state prisoner housed in the
facility for the preceding month:
1.
Prisoner's Name
2. Jail Docket
Numbers
3. Offense(s) Resulting in
Commitment
4. Circuit or Criminal
Court Case Number
5. Dates of
Confinement
6. Judgment
Dates
7. Terms of
Judgment
8. Release Date
9. Terms of Release
10. Offender's TDOC MIS Number
11. Such other information as may be
necessary to ascertain the subsidy due for individual prisoners.
(b) The reports required by
section 042023.07(4)(a) must be submitted within sixty (60) days following the
end of a month for which a subsidy payment is being requested. Upon written
request of the sheriff or superintendent, and upon good cause being shown, the
Commissioner of Correction may authorize up to an additional thirty (30) days
for the filing of any such report.
(c) Reports required by section
042023.07(4)(a) shall be signed by the sheriff or superintendent and by the
Circuit or Criminal Court Clerk with the clerk's seal attached.
(d) For purposes of the subsidy grant program
and the filing of reports required by this section, "state prisoner" shall mean
an individual held in a local correctional facility following conviction on a
felony charge, including those felons who are sentenced to local confinement,
confined for violation of parole under T.C.A. §4028121, or whose probation
or alternative sentencing agreement has been revoked.
Notes
Authority: TCA. §418108.
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