Tenn. Comp. R. & Regs. 1400-05-.05 - TIER 2 STANDARDS

When both males and females are housed in the same facility, available services and programs should be comparable for those groups.

(1) The Tier 2 mandatory standards are:

(a) The applicant qualifies for Tier 1 accreditation.

(b) The applicant has at least one staff member whose primary assignment is to oversee the applicant's compliance with these accreditation standards. This assignment must be the staff member's primary duty.

(c) The applicant offers at least two evidence-based programs focusing on life skills or behavioral health. Programs may be conducted in-person or virtually.

(d) The applicant offers at least one program focusing on education or life skills. Programs may be conducted in-person or virtually. This requirement may be met in conjunction with the evidence-based requirement in subparagraph (c) of this paragraph.

(e) The applicant screens inmates for risks of victimization and abusiveness. An inmate is screened during the inmate's intake and upon the inmate's transfer to another facility for the inmate's risk of being sexually abused by other inmates or sexually abusive toward other inmates. The intake screening takes place within 72 hours of the inmate's arrival at the facility.

(2) The Tier 2 optional standards are:

(a) The applicant provides sufficient medical staff to provide inmates with medical treatment that is consistent with the standards of care. The applicant has a staffing plan that is based on an independent assessment conducted by a qualified third party that evaluated the applicant's ability to meeting the health needs of the inmate population. The assessment and plan must be reevaluated at least every four years.

(b) The applicant either provides at least 16 hours of onsite medical coverage per day or otherwise provides medical staffing consistent with the National Commission on Correctional Health Care guidelines. Onsite medical coverage is conducted by a licensed practical nurse, registered nurse, advanced practice nurse, physician assistant, or physician.

(c) The applicant provides on-call mental health services seven days per week. The applicant also provides either onsite mental health services five days per week or telehealth mental health services 40 hours per week.

(d) The applicant is located in a county that has adopted the Stepping Up initiative.

(e) The applicant requires that prescription medication is administered to inmates by qualified medical personnel only.

(f) The applicant provides inmate counseling services, either onsite or online, at least three days per week to address inmates' specific needs related to addiction, anger management, rehabilitation, education, and other factors identified by the facility administration.

(g) The applicant meets or exceeds all physical plant standards outlined in T.C.A. § 41-4140, regardless of the age of the facility.

(h) The applicant shall employ or have access to personnel designated to apply for grants that would enable enhanced inmate programs, staffing, facility improvements, rehabilitation, officer services, or other operational improvements.

(i) The applicant has a training plan that requires least 120 total hours of training- consisting of both classroom hours and on-the-job training-for newly hired correctional employees prior to being independently assigned to any post. The required 120 hours of training may be completed in conjunction with the orientation requirement required under T.C.A. § 41-4-140 and TCI Minimum Standards for Adult Local Correctional Facilities in paragraph (4) of Rule 1400-01-.06.

(j) The applicant requires that correctional employees in mid-level management positions complete at least 10 total hours of leadership and professional development training annually. The applicant requires that correctional employees in senior-level management positions complete at least 20 total hours of leadership and professional development training annually.

(k) The applicant has a quality control plan that requires an annual review of facility operations to ensure compliance with facility policies and procedures. Any required corrective measures are identified and completed. At a minimum, the internal quality control plan addresses the following areas:

1. Inmate program effectiveness;

2. Inmate health care;

3. Security and control;

4. Use-of-force statistics;

5. Safety and sanitation;

6. Food services;

7. Inmate grievance program;

8. Staff training and professional certifications; and

9. Employee retention.

(l) The applicant has at least one partnership with a provider of post-incarceration reentry services that provides housing or job placement for inmates upon release.

(m) The applicant has at least one job certification or apprenticeship program to enhance employment opportunities for the inmate upon release. The program has a detailed description certification or apprenticeship requirements, instructor credentials, and description of the work opportunities created.

(n) The applicant provides inmate screening upon intake to determine whether an inmate has experienced prior sexual victimization and whether the victimization occurred in an institutional setting or in the community. If the inmate did experience sexual victimization, then the applicant offers a follow-up meeting for the inmate with a medical or mental health professional within 14 days of the intake screening.

(o) The applicant regularly conducts root-cause analysis reviews in response to critical or significant events, as defined by facility policy. Examples of such events may include suicide attempts, fights, sexual assault, and major maintenance problems.

(p) The applicant provides inmates with an orientation program within 10 days of intake. The orientation program outlines all facility programs, the qualifications for participation in the various programs, services offered at the facility, facility rules and regulations, information about court process, notification of the zero-tolerance sexual assault and sexual harassment policy, and healthcare screening availability.

(q) The applicant has a work release program in accordance with T.C.A. § 41-4-140 and the Standards for Adult Local Correctional Facilities described in paragraph (6) of Rule 140001-.12. The applicant follows stringent guidelines to ensure the safety of the local community and follows all applicable fee schedules required by state law. The applicant generates an annual report to provide statistical analysis of the following: inmate participation; recidivism rates; program attrition; inmate satisfaction of fines, fees, and child support obligations; and inmate savings. The applicant shall submit the annual report to the facility administration, the county legislative body, and the work-release commission.

(r) The applicant completes a staffing analysis within 12 months of applying for accreditation. The completed staffing analysis must be presented to the County

Commission and either the County Corrections Partnership Committee or the Criminal Justice Coordinating Committee for review. The staffing analysis must be completed by a reputable entity familiar with and specialized in correctional facility operations. The analysis is valid for four years following its completion date. The applicant and either the County Corrections Partnership Committee or the Criminal Justice Coordinating Committee shall perform and document an annual review and update of the plan coincident with the annual budget preparation.

(s) The applicant has a documented succession plan for identifying and developing new leaders to increase the availability of experienced and capable employees who are prepared to assume leadership roles. The applicant provides access to leadership development training through correctional leadership programs, state or national corrections-based conference attendance, or other public safety-based leadership initiatives.

(t) The applicant has established measurable goals and objectives that are reviewed at least annually and updated as needed, as well as an internal system for assessing achievement of goals and objectives through documents findings. As necessary, program changes are implemented in response to findings. The applicant generates an annual report that includes goals, objectives, inmate programming, and all aspects of contributing factors to the inmate population-such as arrest data, probation and parole data, sentencing, arraignment time, bonding, citations in lieu of arrest, budget, and staffing.

Notes

Tenn. Comp. R. & Regs. 1400-05-.05

Emergency rules filed September 30, 2021; effective through March 29, 2022. New rules filed December 29, 2021; effective 3/29/2022.

Authority: T.C.A. §§ 4-5-201, et seq. and 41-8-106(i)(3)(B).