Tenn. Comp. R. & Regs. 1177 — Tennessee Private Probation Services Council

agency-1177Tenn. Comp. R. & Regs. 1177Regulation

Chapter 1177-01 Application, Registration and Fee Requirements

Tenn. Comp. R. & Regs. 1177-01-.01 PURPOSE

The purpose of the Council is to ensure that uniform professional and contract standards are practiced and maintained by private entities engaged in rendering general misdemeanor probation supervision, counseling and collection services to the courts.

History

  • Authority: T.C.A. §§ 16-3-902 and 16-3-909.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-01-.02 DEFINITIONS

(1) “Council” means the Private Probation Services Council.

(2) “Court” means any court in the State of Tennessee with the authority to sentence or otherwise assign misdemeanor offenders to a private probation provider for probation supervision.

(3) “Governing Authority” means the entity of any county, municipality or metropolitan government with authority to enter into written contracts with corporations, enterprises or entities to provide probation services.

(4) “Governmental Employee” means employees and officials of the state and its political subdivisions who are employed as law enforcement employees or officials, probation and parole employees or officials, judicial employees or officials or correctional employees or officials, including employees and officials of jails and workhouses.

(5) “Private Entity” means a privately owned and operated corporation, enterprise or entity which contracts to provide general probation supervision, counseling and/or collection services for persons convicted of a misdemeanor and placed on probation.

(6) “Probationer” means any misdemeanor offender sentenced by a court of this state and assigned to a private entity for supervision, counseling, financial collections and compliance with any other court-ordered condition.

History

  • Authority: T.C.A. §§ 16-3-903, 16-3-909, and 40-35-302(h).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-01-.03 REGISTRATION WITH COUNCIL

(1) No private entity may provide probation services in this state unless it has registered with and is approved by the Council. Every private entity proposing to provide probation services in this state shall submit an application on a form provided by the Council. The application must include all information and documents required by the Council, and must be truthful, accurate and complete. The applying entity must:

(a) Demonstrate the reasonable ability of the entity to furnish continuous probation service in compliance with applicable statutes, rules and uniform contract requirements;

(b) Describe the extent of services to be rendered by the entity;

(c) Demonstrate that staff qualifications meet or exceed applicable statutory and rule requirements;

(d) Submit sworn criminal record reports on each employee of, or volunteer for, the entity;

(e) Submit written policies and procedures for staff training;

(f) Submit proof of insurance and performance bond as required by applicable statutes and rules;

(g) Describe staffing levels and provide written standards of supervision, including frequency and type of contacts with probationers;

(h) Submit written procedures for handling court-ordered fines, fees, restitution, and community service;

(i) Submit a written policy for handling indigent offenders;

(j) Submit written procedures and policies to follow to obtain evidence to present to the court to revoke an offender’s probation;

(k) Describe reporting and record keeping procedures;

(l) Describe default and contract termination procedures;

(m) Describe procedures for the transfer of supervision of probationers from the entity to another private entity or to a public probation provider;

(n) Submit a schedule of the range of all probation fees and charges paid by probationers supervised by the entity, and a listing of all probation fees and charges paid by probationers outside the range;

(o) Provide names of employees who will supervise probationers, describe their credentials and their position with the entity.

(2) The application fee shall be one hundred dollars ($100.00) which must be submitted at the time of initial application and is not refundable. The renewal fee shall be one hundred dollars ($100.00).

(3) Upon approval, the registration fee with the Council shall be one hundred dollars ($100.00).

The private entity shall pay an additional registration fee of one hundred dollars ($100.00) for each second or subsequent judicial district in which it provides probation supervision in Tennessee.

(4) The registration shall list all branch offices on the registration. The registrant shall submit the addresses of all branch offices to the Council that open or close within thirty (30) days of the event.

(5) (a) If an applicant for registration is a sole proprietor meeting the qualifications of T.C.A. § 4-3-1304(d), who was registered to provide private probation services in another state but fails to meet some of the requirements for registration in Tennessee, then the Council may issue a temporary permit for a period of six (6) months authorizing the applicant to provide private probation services in this state in order for the applicant to meet the requirements for registration in Tennessee.

(b) Upon expiration of a temporary permit, a new temporary permit may be issued upon the filing of a new application. However, a second or subsequent permit may not be issued to the same individual except for good cause shown.

(c) Issuance of a temporary permit is solely at the discretion of the Council. No such permit will be issued to any person who the Council determines could not reasonably meet the requirements for registration in Tennessee within the period of the temporary permit.

(d) The application fee for a temporary permit shall be one hundred dollars ($100.00), which is not refundable and must be submitted at the time of the application for the temporary permit. An applicant shall not be required to pay a new application fee for any application for a temporary permit or application for registration within one hundred and eighty (180) days of the expiration of a temporary permit issued by the Council.

(e) Upon approval, the temporary permit fee shall be fifty dollars ($50.00). The applicant shall pay an additional temporary permit fee of fifty dollars ($50.00) for each second or subsequent judicial district in which it provides probation supervision in Tennessee.

(f) The holder of a temporary permit shall comply with all laws and rules regarding the provision of private probation services in Tennessee. This includes, but is not limited to, complying with the reporting requirements of rule 1177-01-.05 and payment of the quarterly provider fee pursuant to rule 1177-01-.08.

(g) The Council may suspend or revoke a previously-issued temporary permit if a registration to provide private probation services in another state is suspended, revoked, denied, becomes invalid, or is not renewed at any time while an individual holds a temporary permit.

(6) If an applicant for registration is a sole proprietor meeting the qualifications of T.C.A. § 4-3- 1304(d), who was registered to provide private probation services in another state and substantially meets all requirements for registration in Tennessee, then the Council may issue a registration after receipt of a completed application, payment of all fees, and any other proof the Council may require to show that the applicant substantially meets all requirements for registration in Tennessee.

History

  • Authority: T.C.A. §§ 4-3-1304(d), 4-3-1304(e), 4-3-1304(f), 16-3-903, 16-3-909, and 16-3-910.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Repeal and new rule filed September 5, 2014; effective December 4, 2014. However the Department of Commerce and Insurance’s Regulatory Board Division filed a withdrawal on October 16, 2014 which became effective that same day. Amendment filed October 29, 2014; effective January 27, 2015.
Tenn. Comp. R. & Regs. 1177-01-.04 EXEMPTIONS

The requirements set forth in rules 1177-01-.05, 1177-01-.06, 1177-02-.01, 1177-02-.02, and 1177-02-.04 that refer to T.C.A. § 40-35-302(g)(1) that include requirements for private probation supervisory services, minimum education standards, liability insurance, performance bond and conflicts of interest do not apply in counties having a population according to the 1990 federal census or any other subsequent federal census, of:

Not less than Nor more than 4,700 4,750 7,100 7,175 27,500 27,750 31,500 31,800 31,900 32,200 34,500 34,730 40,200 40,500

History

  • Authority: T.C.A. §§ 16-3-902, 16-3-909 and 40-35-302(g)(2).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-01-.05 APPLICATION AND QUARTERLY REPORT TO COURTS

(1) A private entity that provides probation supervisory services shall comply with all of the following requirements:

(a) Provide an application form to all of the criminal court and general sessions court judges in each judicial district in which the entity proposes to provide misdemeanor probation services. Such application shall be on a form and in a manner specified by the criminal court and general sessions court clerk under the supervision of the judges and shall contain all of the following information:

  1. The title of the entity;

  2. Its form of business organization;

  3. The office and mailing address of the entity;

  4. The names of the employees who will provide services, their credentials and their position with the entity;

  5. A sworn statement that the credentials of all employees meet the minimum standards listed in rule 1177-01-.06 of this chapter;

  6. A sworn statement that a criminal record search has been conducted on each employee of the entity prior to the hiring of said employee. If a conviction has been discovered, the name of the employee and the conviction shall be provided; 7 A credit history of the entity including any judgments or lawsuits;

  7. A description of the services to be provided by the entity and the fee structure for the services to be provided; and 9. Proof of current registration and approval by the Council to provide misdemeanor probation services.

  8. An affidavit filed under penalties of perjury certifying that it is complete and accurate and contains all of the information required by this subparagraph.

(b) Once the private entity has been approved to provide services, the entity shall supply a quarterly report to the clerk of the criminal court and general sessions court in each judicial district in which the entity proposes to provide misdemeanor probation services on a quarterly basis in a form and manner specified by the clerk and containing all of the following information:

  1. The case load of the entity;

  2. The number of contact hours with offenders;

  3. The services provided by the entity;

  4. The number of filings by the entity for probation revocation, and their dispositions;

  5. A financial statement including administrative costs and service costs; and 6. Contributions, if any, to the criminal injuries compensation fund.

(c) The private probation entity shall also sign the quarterly report, acknowledging the quarterly report has been provided to the appropriate court clerk(s) set forth in rule 1177-01-.05(1)(b).

History

  • Authority: T.C.A. §§ 16-3-909, 40-35-302, and 40-35-302(g)(1)(A)(i), (ii), and (E), (F), (G).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed May 4, 2026; effective August 2, 2026.
Tenn. Comp. R. & Regs. 1177-01-.06 EDUCATION AND EXPERIENCE

(1) The following minimum education standards are required for the specified employees of a private entity that provides misdemeanor probation supervision:

(a) The chief executive officer shall have a bachelor’s degree from an accredited university in any one (1) of the following fields: criminal justice, administration, social work or the behavioral sciences, and two (2) years experience in criminal justice or social work.

Upon approval by the Council, four (4) years of professional administrative experience with an organization providing services in criminal justice or social work may be substituted for the bachelor’s degree; and (b) Each employee who is responsible for providing probation supervision shall have at least four (4) years of experience in a criminal justice or a social services agency providing counseling services or shall have a bachelor’s and/or an associate’s degree from an accredited college or university.

History

  • Authority: T.C.A. §§ 16-3-909 and 40-35-302(g)(1)(B) and Chapter 124 of the Public Acts of 2009, §2.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendment filed May 27, 2010; effective August 25, 2010.
Tenn. Comp. R. & Regs. 1177-01-.07 RENEWAL AND UPDATE OF REGISTRATION

(1) A registration as a private entity expires one (1) year after the date of its issuance and becomes invalid unless renewed.

(2) The private entity may renew its registration by paying a renewal fee of one hundred dollars ($100.00) within thirty (30) days prior to the expiration of its registration.

(3) If the private entity renews its registration within sixty (60) days after the private entity’s scheduled renewal date, then the private entity shall pay a late renewal fee of twenty-five dollars ($25.00). Failure to renew within sixty (60) days of the scheduled renewal date shall be grounds for denial of renewal registration.

(4) Each private entity shall notify the Council within thirty (30) days of a change in any of the information required by rule 1177-01-.03.

History

  • Authority: T.C.A. §§ 16-3-909 and 16-3-910.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed March 12, 2021; effective June 10, 2021.
Tenn. Comp. R. & Regs. 1177-01-.08 QUARTERLY PROVIDER FEE

(1) Each private entity shall pay a quarterly provider fee to the Council in the amount of seventyfive cents ($0.75) per quarter for every person reported on the case load of the entity in the quarterly report required under T.C.A. § 40-35-302(g)(1)(A)(i) and rule 1177-01-.05(b).

(a) For purposes of this rule, “case load” means every person assigned by a court to the private probation service provider for probation services who reports for supervision in person, telephonic or written communication or is supervised at any time during that quarter.

(b) The provider fee is due on May 20th, August 20th, November 20th and February 20th of each quarter.

(c) The provider fee will be considered timely received if the correspondence containing the reported case load of the private entity and the required fee is postmarked by the 20th of the month in which it is due.

(d) The 1st of each month listed will be counted as day one of each respective quarter.

(e) Registration approval shall be effective at the beginning of the quarter in which the registration falls and shall continue for a period of one (1) year.

(f) For purposes of implementation of these rules and initial registration of private probation entities, the first quarterly provider fee installment will be calculated using the quarter immediately preceding the initial registration approval.

History

  • Authority: T.C.A. §§ 16-3-909 and 16-3-910.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendment filed August 12, 2016; effective November 10, 2016. Amendments filed March 12, 2021; effective June 10, 2021.

Chapter 1177-02 Rules of Professional Conduct

Tenn. Comp. R. & Regs. 1177-02-.01 DUTIES AND DOCUMENTATION

(1) Any private entity providing probation supervisory services shall:

(a) Supervise all misdemeanor defendants sentenced by a proper order of probation to be supervised by the private entity and to assist the defendants so sentenced in completing all court ordered conditions of probation;

(b) Maintain documentation on all misdemeanor defendants sentenced to be supervised by the private entity. All books, records and documentation maintained by the private entity relating to work performed or money received for supervision of misdemeanor defendants so sentenced shall be maintained for a period of three (3) full years from the date of final payment or audit. Such records shall be subject to audit, both fiscal and performance, at any reasonable time and upon reasonable notice by the Council, or by the courts or the duly appointed representatives of the courts in which the private entity operates. The records shall be maintained in accordance with generally accepted accounting principles;

(c) Perform any additional duties that the judges of the courts for which the private entity provides misdemeanor probation supervisory services may by local rule or court order require;

(d) Maintain and have available for the Council, court, or probationer to view the following:

  1. Schedule of fees, including a policy for indigent offenders; and 2. Proof of insurance and performance bond required under 1177-2-.02; and (e) Assume responsibility for the actions of all employees, agents, and owners acting within the scope of their employment with the private entity.

History

  • Authority: T.C.A. §§ 16-3-909, 40-35-302(g), and 40-35-302(g)(1)(A).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective November 10, 2016.
Tenn. Comp. R. & Regs. 1177-02-.02 LIABILITY INSURANCE AND PERFORMANCE BOND

(1) Any private entity providing probation supervisory services shall post each of the following:

(a) A liability insurance policy in an amount at least equal to the limits of governmental tort liability established in the Governmental Tort Liability Act, codified as T.C.A., Title 29,

Chapter 20, that is in effect on the date the services are provided. Nothing in this rule shall be construed as prohibiting such entity from carrying a liability insurance policy in excess of the limits of liability provided in the Government Tort Liability Act. Such policy shall be for the purpose of reimbursing an injured or aggrieved party for any damages or expenses for which the entity providing probation supervisory services is found liable by a court of competent jurisdiction;

(b) A performance bond issued by a corporate surety in the amount of twenty-five thousand dollars ($25,000). Such bond shall be to provide recourse to the government entity for which the private entity is providing probation supervisory services in the event of nonperformance, default, bankruptcy or failure of the entity to perform the required services; all private entities providing misdemeanor probation supervisory services in this state will use the uniform performance bond designed by the comptroller of the treasury of Tennessee;

(c) A copy of the liability insurance policy and the performance bond shall be filed with the clerk of all courts in each county in which the entity proposes to provide such probation supervisory services.

History

  • Authority: T.C.A. §§ 16-3-909 and 40-35-302(g)(1)(C).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-02-.03 UNIFORM CONTRACT STANDARDS

(1) The terms of any contract between a contracting authority of this state and a private probation entity to provide probation services shall state at a minimum:

(a) extent of the services to be rendered by the private entity providing the probation services;

(b) Any requirements for staff qualifications, to include those required by statute and rules, as well as any surpassing those required by statute and rules;

(c) Requirements for criminal record checks of staff in accordance with the requirements of statute and rules;

(d) Policies and procedures for training of staff;

(e) Bonding of staff and liability insurance coverage;

(f) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;

(g) Procedures for handling the collection of all court ordered fines, fees, and restitution, and for handling court ordered community service and treatment;

(h) Procedures for handling indigent offenders to ensure placement of such offenders despite their inability to pay;

(i) Circumstances under which revocation of an offender’s probation may be recommended;

(j) Reporting and record keeping requirements; and (k) Default and contract termination procedures.

History

  • Authority: T.C.A. § 16-3-909.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-02-.04 CONFLICT OF INTEREST – CODE OF PROFESSIONAL CONDUCT

(1) No private entity that provides probation services, or employee, owner, or agent of the entity, may give or offer to give anything of value to a governmental employee or the employee’s immediate family.

(2) No private entity that provides probation services, or employee, owner, or agent of the entity, may loan money to or have any other personal business dealings with probationers under the entity’s supervision.

(3) No private entity that provides probation services may permit any person to supervise a probationer who is a member of such supervisor’s immediate family. For purposes of this

rule, “immediate family” shall mean mother, father, sibling, adult children, or maternal and paternal grandparents.

(4) No private entity that provides probations services, or employee owner or agent of the entity, may exchange a gift, gratuity, or favor with a probationer, a probationer’s family, or any person who offers the gift, gratuity, or favor with the intent of influencing the supervision of a probationer.

(5) The provisions of this rule shall not be construed to amend or abridge any contract or operating agreement between any court or county government and any agency or individual presently supplying such services to such court or county government pursuant to T.C.A. § 40-35-101 et. seq.

(6) No private entity that provides probation services, or employee, owner, or agent of the entity, may charge any fees not in the private entity’s fee schedule unless ordered by a court or otherwise required by law.

(7) No employee, owner, or agent of a private entity that provides probation services may engage in a romantic or sexual relationship or have any sexual contact with a probationer. No employee, owner, or agent of the private entity may use his or her supervisory position or influence to encourage, threaten, or force a probationer to engage in sexual activity.

(8) All employees, owners, or agents of the private entity that provides probation services must treat all members of the court and the probationers under its supervision in a manner consistent with the Code of Professional Conduct set forth herein. Examples of unprofessional treatment include, but are not limited to:

(a) Engaging in abusive, aggressive, hostile, or disrespectful conduct towards probationers or members of the court;

(b) Engaging in fraudulent or misleading behavior;

(c) Giving any false impression of arrest authority through the use of one’s title or position with the private entity;

(d) Collecting any money from probationers in excess of the private entity’s fee schedule unless ordered by a court or otherwise required by law; and (e) Engaging in harassment or discrimination based on race, national origin, gender, age, sexual orientation, or ability to pay.

History

  • Authority: T.C.A. §§ 16-3-902, 16-3-909, 40-35-302(g), and 40-35-302(g)(1)(H) and (I).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective November 10, 2016.
Tenn. Comp. R. & Regs. 1177-02-.07 CIVIL PENALTIES

(1) The Council may, in a lawful proceeding under the Uniform Administrative Procedures Act codified as T.C.A., Title 4, Chapter 5, assess civil penalties, not to exceed one thousand dollars ($1,000.00) per violation, for violations of statutes, rules or orders enforceable by the Council. Each day of continued violation may constitute a separate violation. In determining the amount of the penalty assessed pursuant to this rule, the Council may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and the risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance; and (e) The best interest of the public.

(2) Civil penalties will be categorized as follows:

(a) Category I. ($700-$1,000) Violations involving fraud, providing false information or documents, and failure to account or produce official court documents and reports.

Violations involving unregistered practice.

(b) Category II. ($300-$699) Violations involving noncompliance with private entity registration requirements such as failure to submit required periodic reports and documents; violations involving Codes of Professional Conduct set forth in 1177-02- .04.

(c) Category III. ($100-$299) Violations involving private probation entity operations such as failure to maintain required records and documentation.

History

  • Authority: T.C.A. §§ 16-3-909, 16-3-910, and 56-1-308.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective November 10, 2016.
Tenn. Comp. R. & Regs. 1177-02-.05 CONTINUED CLEAR CRIMINAL RECORD

(1) Each owner, director, agent, employee or volunteer who supervises probationers shall be required to maintain a criminal record free of any felony conviction or plea of guilty or nolo contendere, or any conviction or plea of guilty or nolo contendere for misdemeanors involving moral turpitude subject to paragraph (3).

(2) Any conviction of or plea of guilty or nolo contendere to such offense by a current owner, director, agent, employee or volunteer who supervises probationers must be reported to the Council within five (5) business days.

(3) No private entity may permit a person having such conviction or entering such plea to supervise probationers without the prior written approval of the Council.

(4) The private entity and potential or current employee may each submit a written statement, explaining why said person should be permitted to supervise probationers, to assist the Council in its decision.

History

  • Authority: T.C.A. § 16-3-909.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005.
Tenn. Comp. R. & Regs. 1177-02-.06 REFUSAL TO RENEW, DENIAL, SUSPENSION, AND REVOCATION OF APPROVAL

(1) The Council may, in a lawful proceeding under the Uniform Administrative Procedures Act codified as T.C.A., Title 4, Chapter 5, deny, suspend, revoke, or refuse to renew the registration and approval of any entity that provides misdemeanor probation services in this state for any of the following:

(a) Knowingly or recklessly making any verbal or written false or misleading statement of material fact, or omitting a material fact in connection with a registration application or in connection with an inspection or investigation of the entity;

(b) Failure or refusal to provide Council representatives with meaningful access to the private entity’s premises, staff, offender records and documents reasonably necessary to making a compliance determination;

(c) Changing ownership of a private probation entity in order to avoid or avert the denial, revocation or suspension of registration;

(d) Altering or falsifying any private probation entity records;

(e) Failure or refusal by a private probation entity to remit required reports as outlined in these rules;

(f) Failure or refusal to comply with any of these rules or with any law relating to the operation of a private probation entity;

(g) Failure or refusal to comply with any order or directive issued by the Council pursuant to its authority as provided by law and rules;

(h) Failure or refusal to pay any fees required under these rules;

(i) Failure or refusal to follow its posted fee schedule;

(j) Failure to follow the Council’s rules on conflict of interest or code of conduct; or (k) Failure to properly supervise a probationer as set forth in the probation agreement.

Examples of a failure to properly supervise include, but are not limited to:

  1. Not meeting with the probationer as required in the probation agreement;

  2. Not conducting drug tests as required in the probation agreement, if applicable; or 3. Not monitoring the probationer’s attendance of required, if any, counseling classes.

History

  • Authority: T.C.A. §§ 16-3-902, 16-3-909, 16-3-910, and 40-35-302(g).
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed August 12, 2016; effective November 10, 2016.

Chapter 1177-03 Education

Tenn. Comp. R. & Regs. 1177-03-.01 TRAINING AND CONTINUING EDUCATION

(1) Each employee responsible for the supervision of probationers shall receive forty (40) hours of orientation training which must include:

(a) A ten (10) hour block of instruction covering:

  1. Ethics and professionalism, including gender sensitivity/sexual harassment training;

  2. Probation officer liabilities and responsibilities;

  3. Constitutional law as it relates to probation;

  4. Probation law; and 5. Private entity operation procedures.

(b) A twenty (20) hour block of offender management instruction covering:

  1. Confidentiality regarding offender’s identity and records;

  2. Intake procedures;

  3. Preparation and maintenance of offender’s files;

  4. Interviewing and communication skills;

  5. Sentencing options;

  6. Financial collections;

  7. Community service;

  8. Alcohol and substance abuse; and 9. Personal welfare and safety.

(c) A ten (10) hour block of instruction covering:

  1. General report writing techniques;

  2. Probation violations;

  3. Delinquency reports and warrants;

  4. Courtroom protocol; and 5. Testimony and revocation procedures.

(d) Orientation training must be completed within six (6) months after the hiring of such employee. A new employee who has received the required orientation training from another registered private probation entity, or has received equivalent orientation training from a public probation provider may be exempt from the orientation training requirement.

(e) The Private Probation Services Council or its designee may conduct random audits of private probation entities to ensure that employees have received the required orientation training to assure compliance with this rule.

(f) The Council recognizes that dissimilarities in entity policies, procedures and range of services provided may result in some variation of emphasis placed on curriculum topics.

(2) Each employee responsible for the supervision of probationers shall receive eight (8) hours of annual in-service training (AIT) on the subjects listed above. Out of the eight (8) hours of continuing education, two (2) hours shall be set aside for ethics training. Entity officials may decide which subjects to emphasize for in-service training. The Council may at its discretion dictate to any entity subjects that will be covered during such training. The Council may withhold the renewal registration of any entity in which any employee has not received the required eight (8) hours of AIT.

(3) Private entities may obtain training resource information from public libraries, local law enforcement agencies, local colleges and schools and from national professional associations such as the American Probation and Parole Association and the American Correctional Association.

(4) Each entity will maintain records of employee orientation and annual in-service training, and submit such records as part of its application for renewal of such entity’s registration. If the Council finds the training curriculum or instructors to be unsatisfactory, it may require improvements in the entity’s training policies.

History

  • Authority: T.C.A. § 16-3-909.
  • Administrative History: Original rule filed June 23, 2005; effective September 6, 2005. Amendments filed May 4, 2026; effective August 2, 2026.

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