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

Tenn. Comp. R. & Regs. 0420-02-03-.07

Original rule filed February 5, 1990; effective May 29, 1990. Amendment filed September 26, 1990; effective December 29, 1990.

Authority: TCA. §418108.