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1994 Tennessee Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagtn0139 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL 450 JAMES ROBERTBON PARKWAY NASHVILLE, TENNESSEE 37248.0488 March 31, 1994 OPINION NO. 94-041 Duty of Sheriffs to Accept Persons Issuance of a Mittimus Arrested Prior to the QWESTION Is the county jail and/or the sheriff required to accept or take custody of a person arrested by a city officer for a state misdemeanor and/or felony before a mittimus is issued? OPINION It is not within a sheriff's authority to refuse to accept a person to be held prior to the issuance of a mittimus. ANALYSIS Under Tenn. Code Ann. S 41-4-101, the sheriff of a county has the custody and charge of the jail of the county and of all prisoners committed to the jail--except in cases otherwise provided by law. Under Tenn. Code Ann. S 41-4-103, county jails are to be used as a prison for the safekeeping and confinement of several categories of persons in addition to convicts sentenced to imprisonment in the county jail.