Tenn. Comp. R. & Regs. 0420-02-03-.05 - COMPENSATION

(1) All funds for the subsidy grant program will be dispersed from the State Prosecution Fund administered by the Office of the State Comptroller.

(2) The Judicial Cost Accountant will determine the amount of each county's subsidy grant in consultation with the Department of Correction based upon the reasonable allowable costs which are incurred by a county that has agreed to house state felons.

(3) A county's reasonable allowable cost for housing felons for the state will be determined by the Judicial Cost Accountant in consultation with the Department of Correction upon the county's submission of cost data sheets and supporting schedules, in such form as is established by the Judicial Cost Accountant, showing the actual, reasonable and necessary costs incurred by the county in housing felons in a local correctional facility.

(4) A cost will be considered "reasonable, and "allowable, if, in its nature or amount, it does not exceed that which would be incurred by an ordinary and prudent person conducting a similar enterprise.

(5) The state will reimburse a participating county for the state's proportionate share of the total reasonable allowable cost incurred by the county in operating a correctional facility in an amount which will equal the state's proportionate share of the facility's total inmate population as represented by the number of convicted felons housed therein.

(6) Once the Department of Correction notifies a county that it has the capacity to house some or all of the felons who have been sentenced to confinement with the Department of Correction but which the county is holding and requests that the sheriff convey them to a reception center by a certain date, the State will reimburse the county at a flat rate of $18 or $20 for the cost of housing those felons after that date, the amount to be determined in accordance with 0420-2-3-.07(2)(e).

(7) Should the amount of appropriated funds be insufficient to reimburse counties at the rates established pursuant to these rules, the commissioner may establish a temporary rate schedule to insure that total reimbursement does not exceed the budgeted amount. The temporary rate schedule may give priority to contractual obligations established pursuant to T.C.A. § 41-8-106 and then provide a standard rate for all other counties as funds become available.

Notes

Tenn. Comp. R. & Regs. 0420-02-03-.05

Original rule filed September 13, 1988; effective December 28, 1988. Repeal and new rule filed February 5,1990; effective May 29, 1990. Amendment filed September 26, 1990, effective December 29, 1990. Amendment filed February 26, 1991; effective May 29, 1991. Amendment filed March 25, 1992; effective June 29, 1992.

Authority: T.C.A. §§ 9-1-116, 41-8-103, 41-8-106, 41-8-108; Public Chapter 869 and 1037, 1988 Tenn. Public Acts.