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County Delayed Sending Felons to State
By t-g.com
Published: 03/02/2010

Bedford County Sheriff Randall Boyce said Monday that the county is at the mercy of the state when transferring felons to the Tennessee Department of Corrections (TDOC), despite what a county commissioner and an attorney general's opinion have indicated.

Commissioner J.D. "Bo" Wilson has said the county has the right not to keep state felons, and has pointed to a May 2008 attorney general's opinion, 08-103, stating that "...no county is required to house convicted felons sentenced to more than one (1) years of continuous confinement unless the county chooses to contract with the TDOC to house certain felons."

But Boyce said it doesn't work that way in actual practice. Local courts and judges do, in fact, sentence felons to serve their time with TDOC. But the way that works in most cases is that the county contacts TDOC and asks when beds will be available in the state system. Until and unless the state contacts the county with available beds, those prisoners must stay in the county jail.

"You cannot send state prisoners down there any time you want to," said Boyce.

The state also won't accept any inmates when it reaches 90 percent of its rated capacity, said Boyce.

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