County jails are responsible
for the housing of misdemeanant prisoners. Many county jails
also house state prisoners (persons convicted of felony
offenses) due to lack of space in state prison facilities.
The sheriffs in these counties perform important functions
in obtaining state reimbursement for expenses associated
with housing state prisoners. Related to criminal casework,
are duties requiring the sheriff to dispose of contraband,
abandoned motor vehicles, and unlawful weapons.
Sheriffs also have many
duties that are civil in nature. They include the duty to
execute and return, according to law, the civil process and
orders of the courts of record and general sessions courts.
Sheriffs and their deputies serve subpoenas, execute writs
of possession, levy writs of execution (which involve taking
property to satisfy judgments), serve garnishments, and
serve orders of protection. Each of these civil duties, as
well as many others, have specific requirements, time
requirements, and duties with which the sheriff and deputy
sheriffs must be familiar.
Additionally, the sheriff, or
an officer designated by the sheriff, must attend all courts
held in the county. This is generally when a deputy sheriff
acts as court officer or bailiff. Sheriffs and their
deputies operate under strict legal standards and must
strive to perform their duties correctly. For example,
failure to respect the civil rights of citizens, including
prisoners, can result in personal liability. The actions of
sheriffs and deputies often serve as the basis of lawsuits
initiated by persons displeased with what has happened to
them. Sheriffs must be acquainted with the civil and
criminal aspects of the federal civil rights laws, the
Tennessee Governmental Tort Liability Act and numerous other
laws.