§ 41-21-402 — Solitary confinement - Solitary confinement of pregnant inmates and inmates who have given birth within the past eight weeks

(a) Any inmate who neglects or refuses to perform the labor assigned, willfully injures any of the materials, implements or tools, engages in conversation with any other inmate or in any other manner violates any of the regulations of the penitentiary, may be punished by solitary confinement for a period not exceeding thirty (30) days for each offense, at the discretion of the warden or the person acting in the warden's place. (b) Every inmate punished by solitary confinement shall be shut up in a cell and fed with bread and water only during solitary confinement, unless the physician certifies to the warden that the health of the inmate requires other diet. (c) Solitary confinement is prohibited for pregnant inmates and inmates who have given birth within the past eight (8) weeks regardless of whether the purpose of confinement is for punishment or safekeeping, unless the inmate has demonstrated potential for self-harm, harm to the unborn child, or harm to other inmates or correction staff. A period of solitary confinement must be limited to the shortest time possible given the safety situation. The reasons for the use of solitary confinement must be documented in the inmate's medical record as appropriate.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1017, s 2, eff. 5/11/2022. Code 1858, §§ 5518, 5519 (deriv. Acts 1829, ch. 38, § 25); Shan., §§ 7537, 7538; Code 1932, §§ 12136, 12137; T.C.A. (orig. ed.), §§ 41-707, 41-719.