reglab/housing_qa huggingface dataset:
TN Code § 40-28-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-116. Power to Parole

   The board has the power to cause to be released on parole any person the department has declared eligible for parole consideration.   No person convicted of a sex crime shall be released on parole unless a psychiatrist or licensed psychologist designated as a health service provider has evaluated the inmate and determined to a reasonable medical or psychological certainty that the inmate does not pose the likelihood of committing sexual assaults upon release from confinement. The evaluations shall be provided by psychiatrists or licensed psychologists designated as health service providers whose services are contracted for and funded by the board.     Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner and the board. In granting parole, the board may impose any conditions and limitations that the board deems necessary.
TN Code § 40-28-118 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-118. Determination as to Paroles — Supervision of Parolees

  Subject to other provisions of law, the board is charged with the duty of determining what prisoners serving a felony sentence of more than two (2) years or consecutive felony sentences equaling a term greater than two (2) years in state prisons, jails and county workhouses may be released on parole and when and under what conditions.   When the director of probation and parole issues a warrant for the retaking of a parolee pursuant to § 40-28-607, the board is charged with determining whether violation of parole conditions exists in specific cases and of deciding the action to be taken in reference to the violation.   It is also the duty of the members of the board to study the prisoners confined in the prisons, workhouses and jails when they are eligible for parole consideration so as to determine their ultimate fitness to be paroled.
TN Code § 40-28-119 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-119. Records of Parolees

  The board shall cause to be kept records which may include social, physical, mental, psychiatric and criminal information for every inmate considered for or released.   The board may make rules, as it deems proper, as to the privacy of the record and of the records of its employment bureau, and their use by others than the board and its staff.
TN Code § 40-28-120 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-120. [reserved.]

  Upon the issuance of a warrant under § 40-28-607, any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board.   Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute “probable cause” and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary.   Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing.   The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board.
TN Code § 40-28-123 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-123. Felony Committed by Parolee or Prisoner Assigned to Release Program — Signed Acknowledgement Prerequisite to Participation in Release Programs

  Any prisoner who is convicted in this state of a felony, committed while on parole from a state prison, jail or workhouse, shall serve the remainder of the sentence under which the prisoner was paroled, or part of that sentence, as the board may determine before the prisoner commences serving the sentence received for the felony committed while on parole. If any prisoner while on parole from a state prison, jail or workhouse commits a crime under the laws of another state government or country which, if committed within this state, would be a felony, and is convicted of the crime, the director of probation and parole shall arrange for the return of the prisoner through the terms of the interstate compact. The board shall require that the prisoner serve the portion remaining of the maximum term of sentence or part of that sentence as the board may determine. The board, at its discretion, may recommend to the commissioner of correction the removal of all or any part of the good and honor time and incentive time accrued on the sentence under which the prisoner was paroled.    Any prisoner who is convicted in this state of any felony except escape, and when the felony is committed while the prisoner is assigned to any work release, educational release, restitution release or other program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, participation in any programs authorized by § 41-21-208 or § 41-21-227, the prisoner shall serve the remainder of the term without benefit of parole eligibility or further participation in any of these programs. The department shall have the authority to penalize or punish prisoners who escape from any of the above programs in accordance with department policy.   As a prerequisite to any inmate's placement in a program described in subdivision (b)(1), the department shall read and provide the inmate with a copy of subdivision (b)(1). The inmate shall then give written acknowledgement of receipt of the copy and shall signify comprehension of the provisions contained in it. A permanent file, hardcopy or electronic, of these acknowledgements shall be maintained by the department.
TN Code § 40-28-127 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-127. Cooperation of Prison Officials

 The warden of each prison and all officers and employees of each prison and of the board of parole and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers and employees, information as may be necessary to enable it to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers and employees, free access to all prisoners confined in the prisons, workhouses and jails of the state.
TN Code § 40-28-128 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-128. Executive Pardoning Power Unabridged

 Nothing in §§ 40-28-101 — 40-28-127 shall be construed in any way as intended to modify or abridge the pardoning power of the governor.
TN Code § 40-28-129 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 1 - General Provisions|§ 40-28-129. Calculation of Sentence Expiration Date and Earliest Release Date

 Notwithstanding any other law to the contrary, the department of correction shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the department of correction and any felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years.
TN Code § 40-28-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 2 - Contributions by Parolees, Probationers and Employed Releasees|§ 40-28-202. “Hardship” Defined

  As used in § 40-28-201, “hardship” includes, but is not limited to, the following:  If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits;   If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement;   If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working;   Any parolee transferred to another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled as part 4 of this chapter;   If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.;   Any person already paying restitution to a victim under a department program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201; and   Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census.     Notwithstanding the provisions of this section, every person placed on probation or granted parole shall pay a minimum of five dollars ($5.00) to the supervision fund, except those individuals claiming a hardship exemption under subdivisions (a)(1), (3) and (4).
TN Code § 40-28-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 2 - Contributions by Parolees, Probationers and Employed Releasees|§ 40-28-203. Department of Correction Supervision and Rehabilitation Fund — Collection of Funds — Authorized Expenditures — Disposition of Revenues

  There is established a department of correction supervision and rehabilitation fund.   All funds collected for defraying of the costs of supervision and rehabilitation pursuant to § 40-28-201(a)(1) and (2) shall be paid over to the department before the tenth day of each month for deposit in the fund established by this section.   The purpose of the fund is to promote the safety of the public by ensuring better supervision of individuals released into the community. All the funds shall be withdrawn or expended only for the purpose of employing additional probation and parole personnel, mandatory random drug screening for all persons covered by § 40-28-201(a)(1) and (2), continuing education and training of existing personnel, establishing additional programs whereby an offender may become gainfully employed for the purpose of learning a trade, supporting the person's family and making restitution to the victim, and establishing and providing office and operational supplies for programs to facilitate the inmate's safe and productive return to the general public upon the expiration of the person's parole or probation.    Moneys retained in the supervision and rehabilitation fund shall be invested by the state treasurer under appropriate rules and regulations, to the end that adequate funds will be available for the purposes of this section.   Revenues that are produced for the supervision and rehabilitation fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis.
TN Code § 40-28-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 2 - Contributions by Parolees, Probationers and Employed Releasees|§ 40-28-204. Payments to Criminal Injuries Compensation Fund

 All funds received pursuant to § 40-28-201 for the criminal injuries compensation fund shall be paid over to the department before the tenth day of each month for deposit in the criminal injuries compensation fund established by § 40-24-107.
TN Code § 40-28-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 2 - Contributions by Parolees, Probationers and Employed Releasees|§ 40-28-205. Civil Recovery of Unpaid Supervision Fees

   Notwithstanding any law to the contrary, upon expiration of the term of probation or parole supervision, if any portion of a fee prescribed by § 39-13-705, §  40-28-201, § 40-35-303 or § 40-39-305 remains unpaid and has not been waived by the department or sentencing judge, then the department or its agent may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this section.   Within the twelve-month period following the expiration of the term of probation or parole supervision, the department or its agent may file a certified copy of the parole certificate, probation certificate or other court document that imposes a statutory duty to pay a supervision fee, along with an affidavit certifying the amount of fees that remain unpaid with an appropriate civil court having jurisdiction over the total amount of the unpaid balance.   When the department or its agent files a certified copy of the parole certificate, probation certificate or other court document imposing a statutory supervision fee, and the affidavit certifying the unpaid balance with the civil court, the department or its agent shall have the defendant personally served in accordance with the Tennessee Rules of Civil Procedure. The service shall give notice to the defendant of the department's intent to convert the unpaid balance of supervision fees to a civil judgment, include a copy of the documents filed with the court evidencing the duty to pay the supervision fees, and include a statement as to the amount of unpaid fees the department alleges the defendant still owes.   Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee Rules of Civil Procedure.      The department may retain an agent to collect, institute proceedings to collect or establish an in-house collection procedure to collect unpaid supervision fees as provided for in this section. If an agent is used, the department shall utilize state competitive bidding procedures to select and retain the agent.   The agent may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the unpaid fees.   The written contract between the agent and the department shall include a provision specifying whether the agent may institute an action to collect the unpaid supervision fees in a judicial proceeding.
TN Code § 40-28-301 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-301. Definitions

 As used in this part:   “Chief supervision officer” means the correctional administrator for each region of the state or any other person designated by the commissioner;    “Community supervision” means:   The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part; or   The placement by the board of parole of an individual on parole after release from prison or jail, with conditions imposed by the board for a specified period; and     “Community supervision” does not mean community supervision for life imposed pursuant to § 39-13-524;     “Court” means a court of record having original criminal jurisdiction;   “Graduated sanction” means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools; drug and alcohol testing or monitoring; day or evening reporting centers; rehabilitative interventions such as substance abuse or mental health treatment; reporting requirements to probation and parole officers; community service or work crews; and residential treatment facilities;   “Positive reinforcement” means any of a wide range of rewards and incentives, including, but not limited to, awarding certificates of achievement, reducing reporting requirements, removing supervision conditions such as home detention or curfew, or asking the offender to be a mentor to others;   “Probation and parole officer” means a person appointed or employed by the department to supervise individuals placed on community supervision; and   “Supervised individual” means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense.
TN Code § 40-28-302 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-302. Policy on Community Supervision

 Supervised individuals shall be subject to:   Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individual or the community at large and cannot be appropriately managed in the community; or   Sanctions other than revocation as appropriate to the severity of the violation behavior, the risk of future criminal behavior by the offender, and the need for, and availability of, interventions which may assist the offender to remain compliant and crime-free in the community.
TN Code § 40-28-303 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-303. System of Graduated Sanctions

  The department shall adopt a single system of graduated sanctions for violations of the conditions of community supervision. The system shall set forth a menu of presumptive sanctions for the most common types of supervision violations, including, but not limited to: failure to report; failure to pay fines and fees; failure to participate in a required program or service; failure to complete community service; and failure to refrain from the use of alcohol or controlled substances. The system of sanctions shall take into account factors such as the severity of the current violation, the supervised individual's previous criminal record, the number and severity of any previous supervision violations, the supervised individual's assessed risk level, and the extent to which graduated sanctions were imposed for previous violations. The system shall also define positive reinforcements that supervised individuals will receive for compliance with conditions of supervision. The system shall clearly specify as to each type of sanction whether the supervised individual has the option to object and seek administrative review of the sanction.   The department shall establish by policy an administrative process to review and approve or reject, prior to imposition, graduated sanctions that deviate from those prescribed.   The department shall establish by policy an administrative process to review graduated sanctions contested by supervised individuals under § 40-28-305. The review shall be conducted by the chief supervision officer, who shall be impartial and trained to hear cases regarding graduated sanctions for violations of supervision conditions.   The department shall establish and maintain a program of initial and ongoing training regarding the system of graduated sanctions for probation and parole officers.
TN Code § 40-28-304 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-304. Conditions of Community Supervision

 For individuals placed on supervised probation, the judge of the court having jurisdiction over the case shall determine the conditions of community supervision, which shall include as a condition that the department supervising the individual may, in accordance with § 40-28-305, impose graduated sanctions adopted by the department for violations of the conditions of community supervision.
TN Code § 40-28-305 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-305. Authority to Impose Graduated Sanctions

  Notwithstanding any rule or law to the contrary, the department may impose graduated sanctions.   A probation and parole officer intending to impose a graduated sanction shall issue to the supervised individual a notice of the intended sanction. The notice shall inform the supervised individual of the violation or violations alleged, the date or dates of the violation or violations, and the graduated sanction to be imposed.   The imposition of a graduated sanction or sanctions by a probation and parole officer must comport with the system of graduated sanctions adopted by the department under § 40-28-303. Upon receipt of the notice, the supervised individual shall immediately accept the sanction or, if permitted under the system of graduated sanctions, object to the sanction or sanctions proposed by the probation and parole officer. The failure of the supervised individual to comply with a sanction shall constitute a violation of probation, parole, or post-release supervision. If the supervised individual objects to the imposition of the sanction or sanctions, when permitted by the system of graduated sanctions, the individual is entitled to an administrative review to be conducted by the department within five (5) days of the issuance of the notice. If the department affirms the recommendation contained in the notice, the sanction or sanctions shall become effective immediately.    A notice of a graduated sanction may not be issued for any violation of probation or parole that could warrant an additional, separate felony charge or Class A misdemeanor charge.   Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test.     Upon successful completion of a graduated sanction or sanctions, a court shall not revoke the term of community supervision or impose additional sanctions for the same violation. Notwithstanding this subsection (e), a court may consider an individual's supervision and sanctions history when adjudicating subsequent violations.   The department shall regularly provide notice of sanctions imposed upon probationers to the sentencing court and the prosecutor's office for each jurisdiction.   If a probation and parole officer imposes a graduated sanction, the officer shall:  Deliver a copy of the sanction to the supervised individual; and   Note the date of delivery of the copy in the supervised individual's file.
TN Code § 40-28-306 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 28 - Probation, Paroles and Pardons|Part 3 - Community Supervision|§ 40-28-306. Monitoring Graduated Sanctions

 The chief supervision officer shall review confinement sanctions recommended by probation and parole officers on a quarterly basis to assess any disparities that may exist among officers, evaluate the effectiveness of the sanction as measured by the supervised individuals' subsequent conduct, and monitor the impact on the department's number and type of revocations for violations of the conditions of supervision.