Rules & Regulations of the State of Tennessee Title 1177 - Tennessee Private Probation Services Council
Title 1177 of the Rules & Regulations of the State of Tennessee governs the Tennessee Private Probation Services Council. This Council was established to regulate private entities that provide misdemeanor probation supervision, counseling, and collection services to the courts in Tennessee. The core purpose of these regulations is to ensure uniform professional and contract standards are maintained, thereby protecting both the public and probationers.
The regulations cover the entire lifecycle of private probation service providers, from initial registration to ongoing compliance and professional conduct.
Here's a breakdown of the typical chapters and key areas covered within Title 1177:
Chapter 1177-01: Application, Registration and Fee Requirements
Purpose: Clearly states that no private entity may provide probation services in Tennessee unless it has registered with and is approved by the Council.
Registration Process: Details the application procedures for private probation entities, including:
Submission of an application form provided by the Council.
Demonstration of the entity's ability to provide continuous probation services in compliance with state laws and rules.
Description of the services to be rendered.
Proof that staff qualifications meet or exceed requirements.
Submission of sworn criminal record reports on each employee or volunteer who supervises probationers. This is a critical safety measure.
Written policies and procedures for staff training.
Proof of liability insurance and performance bond as required by statute and rules.
Description of staffing levels and written standards of supervision (including frequency and type of contacts with probationers).
Written procedures for handling court-ordered fines, fees, restitution, and community service.
A written policy for handling indigent offenders to ensure they are not denied services due to inability to pay.
Procedures for obtaining evidence to present to the court for probation revocation.
Reporting and record-keeping procedures.
Default and contract termination procedures.
Procedures for transfer of supervision.
A schedule of all probation fees and charges paid by probationers.
Fees: Outlines the initial application fees, registration fees (including additional fees for each subsequent judicial district served), and renewal fees. There are also quarterly provider fees based on the caseload.
Temporary Permits: Provisions for issuing temporary permits under specific circumstances.
Chapter 1177-02: Rules of Professional Conduct
This chapter sets the ethical and operational standards for private probation entities and their employees:
Duties and Documentation: Specifies the responsibilities of private entities, including supervising misdemeanor defendants, assisting them in completing court-ordered conditions, and maintaining comprehensive documentation.
Liability Insurance and Performance Bond: Reiterates the mandatory requirements for these financial protections.
Uniform Contract Standards: Outlines the minimum terms that must be included in any contract between a court and a private probation entity.
Conflict of Interest – Code of Professional Conduct:
Strict prohibitions against giving or offering anything of value to governmental employees.
Prohibitions against personal business dealings or loaning money to probationers.
Rules against using supervisory position or influence to encourage or force sexual activity with probationers.
Requirements for treating all members of the court and probationers with respect and professionalism.
Continued Clear Criminal Record: Mandates that owners, directors, agents, employees, or volunteers who supervise probationers must maintain a criminal record free of felony convictions or convictions for misdemeanors involving moral turpitude.
Refusal to Renew, Denial, Suspension, and Revocation of Approval: Details the grounds and procedures for disciplinary actions against private probation entities, including civil penalties.
Civil Penalties: Specifies the types and amounts of civil penalties that can be imposed for violations.
Chapter 1177-03: Education
Training and Continuing Education: Mandates specific training requirements for employees responsible for supervising probationers:
Orientation Training: Forty (40) hours of orientation for new private probation officers, covering topics like ethics, liabilities, constitutional law, probation law, offender management (confidentiality, intake, financial collections, community service, substance abuse), report writing, and courtroom protocol. This training must be completed within six months of hiring.
Annual In-Service Training (AIT): Twenty (20) hours of annual in-service training on relevant subjects to ensure ongoing professional development.
Record Keeping: Requires private entities to maintain records of employee training and submit them as part of their renewal applications.
In essence, Title 1177 provides a robust regulatory framework for Tennessee's private probation services, emphasizing accountability, ethical conduct, and proper training for those overseeing misdemeanor probationers. This helps ensure that these services are delivered professionally and in a manner that supports public safety and the successful rehabilitation of offenders.
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