(a) In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212, and the administrative authority of the institution has not formulated a program for work release, the sentencing court shall have jurisdiction to order work release as a part of a sentence, either at the time of sentencing or as a part of any subsequent sentence modification, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served.(b)(1) Notwithstanding subsection (a), the sentencing court shall not be authorized to order work release as part of the sentence of a person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202.(2) As used in subdivision (b)(1), 'work release' includes any assignment to a work crew in which a prisoner is permitted to go out into the community, whether supervised or unsupervised, but does not include a work assignment to TRICOR or any TRICOR facility.Acts 1989, ch. 591, § 6; 1990, ch. 980, § 27; 2008, ch. 901, § 1.
Tennessee Legal Code