2014 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 10 - Accidents, Arrests, Crimes and Penalties
Part 4 - Alcohol and Drug Related Offenses
§ 55-10-420 - Litter removal program.

(a) When the offender first reports to the offender's probation officer, the probation officer shall provide the offender with a form to be completed by the sheriff of the county where litter removal is to be performed. It is the responsibility of the offender to take the form to the sheriff of the county where the offender will perform litter removal. After completion of the court-ordered number of days of litter removal by the offender and the payment of the supervision fee required by subdivision (b)(2) to the sheriff for participating in the litter removal program, the sheriff shall complete the form and certify that the offender has complied with this condition of probation. The sheriff shall give the completed form to the offender, who shall be responsible for returning the form to the offender's probation officer as evidence of completion of this condition of probation. If an offender believes that the offender is incapable of performing such work due to a physical limitation, the offender may request the convicting court to relieve the offender from this condition of probation. The court may require the offender to submit proof of physical limitation, as it deems appropriate, to determine if the offender should be relieved.

(b) (1) If the offender is a resident of this state, the litter removal portion of the sentence shall occur in the offender's county of residence through the appropriate probation office or state litter removal grant director. If the offender is not a resident of this state, the litter removal portion of the sentence shall occur in the county where the violation occurred.

(2) In order to compensate the probation office or county official who administers the state litter removal grant for costs related to the supervision of the offender while on a litter removal work crew, the offender shall pay to the probation office or county official who administers the state litter removal grant a fee for each day the offender participates in a litter removal program. The fee shall be fixed by resolution of the county legislative body. The probation office or county official that administers the state litter removal grant may collect the fee before the offender is permitted to perform litter removal services, after each day service is performed, or after all days of litter removal service have been performed, but the fee shall be collected before the office certifies that the offender has completed this condition of probation. The judge has the authority, however, to make an affirmative finding that the offender lacks a present ability to pay the fee and to include such finding in the sentencing order, which shall be submitted to the probation office or county official that administers the state litter removal grant.

(3) Upon request, the probation office or county official who administers the state litter removal grant shall provide the offender with a schedule of the times and dates when litter removal crews will be working. Crews shall only be scheduled to work during daylight hours and only on public roadways or publicly owned property. The probation office or county official who administers the state litter removal grant should attempt to provide enough opportunities to work on a litter removal crew that an offender may complete the required three (3) days of litter removal within a ninety-day period. Offenders may work with other prisoners on litter removal crews organized by the county or a municipality within the county. The offender shall notify the probation office not less than twenty-four (24) hours in advance of a scheduled work date to indicate that the offender desires to participate. The probation office or county official who administers the state litter removal grant may set a maximum number of participants on a work crew and allow participation on a first-come, first-served basis. The offender is responsible for arranging transportation to and from the work site or other location where the probation office directs offenders to report. Except for the vest required by subdivision (b)(4), offenders are also responsible for furnishing their own clothing and food while engaged in litter removal.

(4) Each offender ordered to remove litter pursuant to § 55-10-402(a)(1) shall be required to wear a blaze orange or other distinctively colored vest with the words "I AM A DRUNK DRIVER" stenciled or otherwise written on the back of the vest, in letters no less than four inches (4'') in height.

(5) It shall be within the discretion of the probation office or county official who administers the state litter removal grant to select the public roadways or publicly owned property from which offenders remove litter. If the highway selected is a state route highway or state-owned public property, the department of transportation shall provide a truck or trucks to remove the litter removed by the offenders. If the highway selected is a state-aid highway or county-owned public property, the appropriate county shall provide a truck or trucks to remove the litter removed by the offenders.

(6) The probation office or county official who administers the state litter removal grant may enter into agreements with any city or municipality located within the county in which offenders sentenced pursuant to this section may be used to remove litter from state route highways or state-aid highways located within the limits of the city or municipality. The agreement may provide that the city or municipality assume responsibility for the supervision and control of the offenders.

(7) If any entity receives funds under § 41-2-123(c), the offenders shall be the responsibility of the entity supervising that program and under that entity's supervision and control. In any county where that is the case, "probation office" as used in this section shall be interpreted instead to mean the individual or department head in charge of the alternative program.

(8) No probation office or county official who administers the state litter removal grant shall be permitted to use an offender sentenced pursuant to this section to perform any task other than litter removal.

(9) Nothing in this subsection (b) shall be construed to require that the department of correction supervise DUI offenders engaged in the DUI offender litter removal program established by this section or otherwise be involved in such program.