Tennessee Code Annotated

Tenn. Code Ann. § 41-24-103 (2026)

Contracts for correctional services

✓ current as of May 2026

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(a) The commissioner is authorized to enter into contracts for correctional services only as provided in this chapter.

(b) Contracts for correctional services, may be entered into subject to the requirements and procedures of former §§ 12-4-109 and 12-4-110 [See the Compiler's Notes] and any additional requirements specified in this chapter.

(c) A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified in this chapter. No contract shall be authorized for a facility intended primarily to serve special needs inmates.

(d) Any inmate sentenced to confinement in the department shall be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.

(e) Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments shall not exceed five percent (5%) of the total contract price per annum. This subsection (e) shall not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.

Acts 1986, ch. 932, § 3; 1991, ch. 176, § 1; 2001, ch. 132, § 3.

Notes of Decisions

Cited in 5 cases, 1997–2020 · leading case: Richardson v. McKnight, 521 U.S. 399 (1997).

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Richardson v. McKnight, 521 U.S. 399 (1997). · cites it 2× “See Tenn. Code Ann. §§ 41-24-103 to 105 (Supp.”

Friedmann v. Corr. Corp. of Am., 310 S.W.3d 366 (Tenn. Ct. App. 2009). · cites it 2× “Specifically, Tenn.Code Ann. § 41-24-103(c) (2006).states: A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and…”

Lucas v. Chalk (W.D. Tenn. 2020). · cites it 6× “§ 41-24-103 and thus, the County is also liable as a “necessary party for relief.”

Alex Friedmann v. Corr. Corp. of Am. (Tenn. Ct. App. 2009). · cites it 2× “Specifically, Tenn. Code Ann. § 41-24-103 (c) (2006) states: A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and…”

Joe Martin v. State (Tenn. Ct. App. 2000). · cites it 2× “Tenn. Code Ann. § 41-24-103 (a). “Correctional services” are defined to include operation of facilities, including management, custody of inmates, and providing security; food, commissary, medical transportation and other ancillary services; educational and training programs;…”

— Tenn. Code Ann. § 41-24-103(c) — 2 cases

Friedmann v. Corr. Corp. of Am., 310 S.W.3d 366 (Tenn. Ct. App. 2009). “Specifically, Tenn.Code Ann. § 41-24-103(c) (2006).states: A contract for correctional services as defined in § 41-24-102(2)(F) is authorized only for one (1) medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and…”

Lucas v. Chalk (W.D. Tenn. 2020). “§ 41-24-103 and thus, the County is also liable as a “necessary party for relief.”

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