2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 5 - RELEASE AND PAROLE (§§ 40-35-501 — 40-35-506) › Section 40-35-506 - Eligible inmates - Release on mandatory reentry supervision

(a)
As used in this section, "eligible inmate" means an inmate who:
(1)
Is serving a felony sentence for an offense that occurred on or after July 1, 2021;
(2)
Is eligible for parole consideration;
(3)
Is calculated to have one (1) year or less remaining until expiration of all sentences that the inmate is serving or set to serve, or is calculated to reach the inmate's release eligibility date with less than one (1) year remaining until expiration;
(4)
Does not have an active detainer for new or untried charges or sentences to serve in other jurisdictions;
(5)
Has not been classified as maximum or close custody for disciplinary reasons in the previous two (2) years; and
(6)
If the inmate has previously had the inmate's probation or parole revoked, has served at least six (6) months since returning to custody after revocation of probation or parole.
(b)
(1)
The department of correction shall determine whether an inmate is an eligible inmate. Notwithstanding §
40-35-503
, an eligible inmate must be released on mandatory reentry supervision one (1) year prior to the inmate's sentence expiration date as calculated by the department or, if the inmate is not eligible for parole one (1) year prior to the inmate's sentence expiration date, upon reaching the inmate's release eligibility date. Upon release, an eligible inmate is subject to mandatory reentry supervision until the inmate's sentence expiration date. The release must be under the terms and conditions established by the department of correction. The board of parole shall issue a certificate of mandatory reentry supervision to such offenders.
(2)
Eligible inmates released on mandatory reentry supervision must be considered released on parole and must be supervised and subject to violations or revocation under chapter 28 of this title to the same extent as discretionary parolees. All provisions relative to imposition of graduated sanctions under chapter 28 of this title apply to eligible inmates released on mandatory reentry supervision.
(3)
Upon the issuance of a violation warrant regarding an eligible inmate, the inmate does not earn credit toward completion of the sentence until the removal of the delinquency.
(4)
Mandatory reentry supervision for eligible inmates is not a commutation of sentence nor any other form of executive clemency.
(c)
Notwithstanding §
40-35-111
, upon expiration of a sentence of confinement for a person who is not an eligible inmate, the inmate must be released and subject to mandatory reentry supervision for a period of one (1) year following the inmate's sentence expiration date under conditions to be prescribed by the department of correction. Noncriminal, technical violations of supervision conditions by ineligible inmates must not result in revocation of supervision or incarceration. The mandatory reentry supervision period must be calculated by the department of correction.
(d)
Mandatory reentry supervision under this section constitutes release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government for purposes of §
40-35-114(13)
.
Added by 2021 Tenn. Acts, ch. 410, s 15, eff. 7/1/2021.