Correction, Dept. of

Plain English Breakdown

The bill summary and text do not provide details on the consequences if oversight visits are prevented despite this law, or how enforcement will occur.

Law to Allow Oversight in Correctional Facilities for Non-U.S. Citizens

This bill stops governmental entities and prison contractors from preventing certain individuals from entering correctional institutions housing non-U.S. citizens for oversight purposes.

What This Bill Does

• Prohibits governmental entities or prison contractors from stopping members of Congress, their designated employees, and other specified individuals from entering correctional facilities used to house non-U.S. citizens for the purpose of conducting oversight.
• Prevents making temporary changes at these facilities during visits by the specified individuals that would alter what is observed compared to normal conditions.
• Clarifies that prior notice is not required for visits when there are riots or health threats like diseases, outbreaks, or epidemics.

Who It Names or Affects

• Governmental entities and prison contractors operating correctional institutions housing non-U.S. citizens
• Members of Congress and their designated employees

Terms To Know

Alien

A person who is not a citizen or national of the United States.

Correctional institution

Any facility under state authority that can detain or restrain people, including prisons and facilities operated by prison contractors.

Limits and Unknowns

• The bill does not specify what happens if the oversight visits are prevented despite this law.
• It is unclear how enforcement of these provisions will be carried out.

Official Summary Text

This bill
prohibits

a
governmental entity or prison contractor that operates a correctional institution
from engaging in any of the following conduct:



Prevent
ing
any of the following persons from entering a correctional institution used to house aliens, for the purpose of conducting oversight:

(i) a member of the United States congress
,
(ii) an employee of the United States house of representatives or the United States senate designated by a member of congress for the purposes of this
bill
;

(iii) a member of the house of representatives or a member of the senate; or

(iv) an employee of the house of representatives or the senate designated by a member of either body for the purposes of this
bill.



Mak
ing
any temporary modification at a correctional institution that alters what is observed by persons
as described above
who visit the institution for the purpose of conducting oversight, compared to what would be observed in the absence of such modification.

This bill clarifies that its provisions do not require persons as described above to
provide prior notice of the intent to enter a correctional institution
(i) f
or the purpose of conducting oversight
,
(
ii
)
w
here riots have occurred
,
or

(
iii
)
t
hat is the source of such threats as diseases, outbreaks, or epidemics.

Current Bill Text

HOUSE BILL 2294
By Hardaway

SENATE BILL 2492
By Kyle
SB2492
010807
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 3, Part 6; Title 4, Chapter 4; Title 39; Title
40 and Title 41, relative to correctional institutions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 41, is amended by adding the following
as a new chapter:
41-5-101.
As used in this chapter:
(1) "Alien" means any person who is not a citizen or national of the
United States;
(2) "Correctional institution" means any facility under the authority of a
governmental entity that has the power to detain or restrain, or both, a person
under the laws of this state, including a penal institution as defined in § 39-16-
601. "Correctional institution" also includes such a facility operated by a prison
contractor as defined in § 41-24-102; and
(3) "Governmental entity":
(A) Means any political subdivision of this state ; and
(B) Includes the department of homeland security.
41-5-102.
(a) A governmental entity or prison contractor that operates a correctional
institution may not:
(1) Prevent any of the following persons from entering a correctional
institution used to house aliens, for the purpose of conducting oversight:

- 2 - 010807

(A) A member of the United States congress;
(B) An employee of the United States house of representatives or
the United States senate designated by a member of congress for the
purposes of this section;
(C) A member of the house of representatives or a member of the
senate; or
(D) An employee of the house of representatives or the senate
designated by a member of either body for the purposes of this section; or
(2) Make any temporary modification at a correctional institution that
alters what is observed by persons in subdivisions (a)(1)(A)-(D) who visit the
institution for the purpose of conducting oversight, compared to what would be
observed in the absence of such modification.
(b) This section does not require persons in subdivisions (a)(1)(A)-(D) to provide
prior notice of the intent to enter a correctional institution:
(1) For the purpose of conducting oversight;
(2) Where riots have occurred; or
(3) That is the source of such threats as diseases, outbreaks, or
epidemics.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.