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Community Service

Reference Number: MTAS-1156
Reviewed Date: 06/10/2025

Criminal Offenders
Inmates housed in municipal jails or workhouses may volunteer to work for the municipality, a charitable organization, a nonprofit corporation, or other governmental entity, T.C.A. § 41-3-106(b)(2), and municipal offenders confined or subject to confinement in a municipal jail or workhouse may be sentenced by the court to perform public service work for the municipality, T.C.A. § 41-3-107(a).

A municipality, its officers, and its employees will not be liable to the offender, his family, or other persons for acts of a state criminal law offender or a municipal ordinance offender performing public service work or for injury to the offender while performing public service work if the municipality exercised due care in supervising the offender. T.C.A. § 41-3-107(b)-(d). The authority and protection from liability provided by this section are supplemental and in addition to the authority and protection provided in other laws. T.C.A. § 41-3-107(e).

Juvenile Offenders
Similarly, when a municipality or other organization exercises due care in supervising a juvenile performing community service work, immunity is granted to the municipality for:

  • any injuries sustained by the juvenile
  • injuries to others caused by the juvenile
  • any act of the juvenile
  • liability to the juvenile or his or her family for death or injuries received or proximately caused by the juvenile

T.C.A. § 37-1-131(a)(7)(A)-(D). The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law. T.C.A. § 37-1-131(a)(7)(E).