Tenn. Comp. R. & Regs. 1177-01-.03 - REGISTRATION WITH COUNCIL

(1) No private entity may provide probation services in this state unless it has registered with and is approved by the Council. Every private entity proposing to provide probation services in this state shall submit an application on a form provided by the Council. The application must include all information and documents required by the Council, and must be truthful, accurate and complete. The applying entity must:

(a) Demonstrate the reasonable ability of the entity to furnish continuous probation service in compliance with applicable statutes, rules and uniform contract requirements;

(b) Describe the extent of services to be rendered by the entity;

(c) Demonstrate that staff qualifications meet or exceed applicable statutory and rule requirements;

(d) Submit sworn criminal record reports on each employee of, or volunteer for, the entity;

(e) Submit written policies and procedures for staff training;

(f) Submit proof of insurance and performance bond as required by applicable statutes and rules;

(g) Describe staffing levels and provide written standards of supervision, including frequency and type of contacts with probationers;

(h) Submit written procedures for handling court-ordered fines, fees, restitution, and community service;

(i) Submit a written policy for handling indigent offenders;

(j) Submit written procedures and policies to follow to obtain evidence to present to the court to revoke an offender's probation;

(k) Describe reporting and record keeping procedures;

(l) Describe default and contract termination procedures;

(m) Describe procedures for the transfer of supervision of probationers from the entity to another private entity or to a public probation provider;

(n) Submit a schedule of the range of all probation fees and charges paid by probationers supervised by the entity, and a listing of all probation fees and charges paid by probationers outside the range;

(o) Provide names of employees who will supervise probationers, describe their credentials and their position with the entity.

(2) The application fee shall be one hundred dollars ($100.00) which must be submitted at the time of initial application and is not refundable. The renewal fee shall be one hundred dollars ($100.00).

(3) Upon approval, the registration fee with the Council shall be one hundred dollars ($100.00). The private entity shall pay an additional registration fee of one hundred dollars ($100.00) for each second or subsequent judicial district in which it provides probation supervision in Tennessee.

(4) The registration shall list all branch offices on the registration. The registrant shall submit the addresses of all branch offices to the Council that open or close within thirty (30) days of the event.

(5)

(a) If an applicant for registration is a sole proprietor meeting the qualifications of T.C.A. § 4-3-1304(d), who was registered to provide private probation services in another state but fails to meet some of the requirements for registration in Tennessee, then the Council may issue a temporary permit for a period of six (6) months authorizing the applicant to provide private probation services in this state in order for the applicant to meet the requirements for registration in Tennessee.

(b) Upon expiration of a temporary permit, a new temporary permit may be issued upon the filing of a new application. However, a second or subsequent permit may not be issued to the same individual except for good cause shown.

(c) Issuance of a temporary permit is solely at the discretion of the Council. No such permit will be issued to any person who the Council determines could not reasonably meet the requirements for registration in Tennessee within the period of the temporary permit.

(d) The application fee for a temporary permit shall be one hundred dollars ($100.00), which is not refundable and must be submitted at the time of the application for the temporary permit. An applicant shall not be required to pay a new application fee for any application for a temporary permit or application for registration within one hundred and eighty (180) days of the expiration of a temporary permit issued by the Council.

(e) Upon approval, the temporary permit fee shall be fifty dollars ($50.00). The applicant shall pay an additional temporary permit fee of fifty dollars ($50.00) for each second or subsequent judicial district in which it provides probation supervision in Tennessee.

(f) The holder of a temporary permit shall comply with all laws and rules regarding the provision of private probation services in Tennessee. This includes, but is not limited to, complying with the reporting requirements of rule 1177-01-.05 and payment of the quarterly provider fee pursuant to rule 1177-01-.08.

(g) The Council may suspend or revoke a previously-issued temporary permit if a registration to provide private probation services in another state is suspended, revoked, denied, becomes invalid, or is not renewed at any time while an individual holds a temporary permit.

(6) If an applicant for registration is a sole proprietor meeting the qualifications of T.C.A. § 4-3-1304(d), who was registered to provide private probation services in another state and substantially meets all requirements for registration in Tennessee, then the Council may issue a registration after receipt of a completed application, payment of all fees, and any other proof the Council may require to show that the applicant substantially meets all requirements for registration in Tennessee.

Notes

Tenn. Comp. R. & Regs. 1177-01-.03

Original rule filed June 23, 2005; effective September 6, 2005. Repeal and new rule filed September 5, 2014; effective December 4, 2014. However the Department of Commerce and Insurance's Regulatory Board Division filed a withdrawal on October 16, 2014 which became effective that same day. Amendment filed October 29, 2014; effective 1/27/2015.

Authority: T.C.A. §§ 4-3-1304(d), 4-3-1304(e), 4-3-1304(f), 16-3-903, 16-3-909, and 16-3-910.