reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of parole;
(2)
"Commissioner" means the commissioner of correction;
(3)
"Department" means the department of correction;
(4)
"Executive director" means the officer employed by the board as the chief administrative officer of the agency;
(5)
"Notification," as used in this part, may include telephone, facsimile and internet communications;
(6)
"Parole" means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority; and
(7)
"Probation and parole officer" means a probation and parole officer employed by the department.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(2); Acts 1989, ch. 227, §§ 1, 2; 1998, ch. 1049, §§ 23 - 25, 66; 1999, ch. 516, § 1; 2012, ch. 727, § 13.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-107 - Reports of the board - Notification of release on parole to kidnapping hostages and victims

(a)
The board shall make reports concerning the records, organization and work of the board as may from time to time be requested by the governor.
(b)
The board shall forward to the appropriate standing committees of the general assembly, designated by the speaker of the senate and the speaker of the house of representatives, the names of all persons released on parole, as well as all persons receiving both favorable and unfavorable recommendations for executive clemency of any sort, together with the reasons for the recommendations. This information shall be furnished to the designated standing committees as soon as practicable after the board's action. This information shall also be furnished to the appropriate district attorney general in whose district any such person was convicted.
(c)
Before a prisoner is released on parole, the board shall notify the following officials in the county in whose district the prisoner was convicted as well as the following officials in whose district the prisoner is to be released, if different:
(1)
The judge who sentenced the prisoner;
(2)
The district attorney general;
(3)
The sheriff; and
(4)
The chief of police.
(d)
At least three (3) days prior to the release on parole of a defendant convicted of any kidnapping offense involving a hostage or victim, the board shall notify the sheriff of the county in which the crime was committed and the sheriff shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant will be released on parole. If the hostage or victim is less than eighteen (18) years of age or is otherwise unavailable, the sheriff shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
(e)
The board shall provide notification to those officials listed in subsection (c) in the event of an inmate's release due to exoneration, commutation of sentence, or the granting of a pardon by the governor.
Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1961, ch. 93, § 3; 1979, ch. 359, § 10; 1981, ch. 60, § 1; T.C.A. (orig. ed.), § 40-3604; Acts 1986, ch. 543, § 1; 1987, ch. 169, § 1; 1988, ch. 648, § 4; 1989, ch. 227, §§ 15-20; 1993, ch. 336, § 6; 1999, ch. 392, § 4; 1999, ch. 516, § 2; 2012 , ch. 727, § 16.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-113 - Prisoners to whom applicable

This part shall apply to every person sentenced to a state or county correctional facility and to those who may now be serving a sentence in a state or county correctional facility.
Acts 1937, ch. 276, § 17; mod. C. Supp. 1950, § 11818.17 (Williams, § 11843.17); Acts 1979, ch. 318, § 24; T.C.A. (orig. ed.), § 40-3610; Acts 1989, ch. 227, § 27.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-114 - Records of prisoners

As each prisoner sentenced is received at a classification center within the department of correction, it will further be the duty of the probation and parole officer of the district from which the prisoner was sent to cause to be obtained and forwarded to the board a summary from the trial judge and the district attorney general containing:
(1)
The facts as they developed at the trial;
(2)
The nature of the prisoner's conviction;
(3)
The court in which the prisoner was sentenced;
(4)
The name of the trial judge; and
(5)
Copies of other probation reports as may have been made in order for the board to have the benefit of the reports when the prisoner becomes eligible for parole consideration or applies for executive clemency.
Acts 1937, ch. 276, § 7; mod. C. Supp. 1950, § 11818.7 (Williams, § 11843.7); Acts 1961, ch. 93, § 9; modified; 1979, ch. 359, § 16; T.C.A. (orig. ed.), § 40-3611; Acts 1989, ch. 227, § 28; 1998, ch. 1049, §§ 24, 35; 2012, ch. 727, § 22.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-118 - Determination as to paroles - Supervision of parolees

(a)
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.
(b)
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.
(c)
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.
Acts 1937, ch. 276, § 6; C. Supp. 1950, § 11818.6 (Williams, § 11843.6); Acts 1961, ch. 93, § 12; 1974, ch. 624, § 6; 1977, ch. 22, § 1; 1979, ch. 359, § 19; T.C.A. (orig. ed.), § 40-3615; Acts 1989, ch. 227, §§ 34-36; 1990, ch. 729, § 3; 1998, ch. 1049, §§ 23, 25; 2012 , ch. 727, § 25.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-119 - Records of parolees

(a)
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.
(b)
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.
Acts 1937, ch. 276, §§ 5, 15; C. Supp. 1950, §§ 11818.5, 11818.15 (Williams, §§ 11843.5, 11843.15); modified; Acts 1979, ch. 359, § 20; T.C.A. (orig. ed.), § 40-3616; Acts 1989, ch. 227, §§ 37, 38; 1998, ch. 1049, §§ 36, 37; 2012, ch. 727, § 26.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-120 - Reserved

Acts 1937, ch. 276, § 10; mod. C. Supp. 1950, § 11818.10 (Williams, § 11843.10); Acts 1963, ch. 192, § 5; 1974, ch. 624, § 7; 1979, ch. 359, § 21; T.C.A. (orig. ed.), § 40-3617; Acts 1989, ch. 227, § 39; 1998, ch. 1049, §§ 23, 25; repealed by Acts 2012, ch. 727, § 27, effective 7/1/2012.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-121 - Arrest of parole violator - Preliminary hearing - Notice

(a)
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.
(b)
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.
(c)
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.
(d)
The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board.
Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40; 2012 , ch. 727, § 28.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-123 - Felony committed by parolee or prisoner assigned to release program - Signed acknowledgement prerequisite to participation in release programs

(a)
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.
(b)
(1)
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.
(2)
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.
Acts 1937, ch. 276, § 13; C. Supp. 1950, § 11818.13 (Williams, § 11843.13); Acts 1961, ch. 289, § 1; 1974, ch. 624, § 9; 1978, ch. 794, § 1; 1979, ch. 359, § 23; T.C.A. (orig. ed.), § 40-3620; Acts 1985, ch. 220, § 1; 1989, ch. 227, §§ 43, 44; 1998, ch. 1049, §§ 24, 25; 2012 , ch. 727, § 31.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-126 - Advice as to pardons, exonerations and commutations

(a)
It is the duty of the board to advise with and make recommendations to the governor with respect to pardons, exonerations and commutations. Any report received from the trial judge or district attorney general will be made a part of the file of the applicant.
(b)
The board shall have the district attorney general and trial judge, in whose court the case was tried, notified of the hearing of applications for executive clemency.
Acts 1937, ch. 276, § 18; C. Supp. 1950, § 11818.18 (Williams, § 11843.18); Acts 1961, ch. 93, § 14; 1979, ch. 359, § 24; 1982, ch. 604, § 3; T.C.A. (orig. ed.), § 40-3623; Acts 1989, ch. 227, § 46; 1998, ch. 1049, § 25; 2012, ch. 727, § 34.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 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.
Acts 1937, ch. 276, § 16; C. Supp. 1950, § 11818.16 (Williams, § 11843.16); T.C.A. (orig. ed.), § 40-3624; Acts 1989, ch. 227, § 47; 1998, ch. 1049, § 24.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 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.
Acts 1937, ch. 276, § 23; C. Supp. 1950, § 11818.20 (Williams, § 11843.23); T.C.A. (orig. ed.), § 40-3625.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 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.
Acts 1985 (1st Ex. Sess.), ch. 5, § 38; 1998, ch. 1049, § 24; 1999, ch. 516, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 2 - CONTRIBUTIONS BY PAROLEES, PROBATIONERS AND EMPLOYED RELEASEES (§§ 40-28-201 — 40-28-205) › Section 40-28-202 - "Hardship" defined

(a)
As used in §
40-28-201
, "hardship" includes, but is not limited to, the following:
(1)
If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits;
(2)
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;
(3)
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;
(4)
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;
(5)
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.;
(6)
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
(7)
Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census.
(b)
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).
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(d); Acts 1988, ch. 528, § 5; 1989, ch. 227, § 49; 1995, ch. 497, § 3; 1998, ch. 1049, § 24; 2012 , ch. 727, § 37.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 2 - CONTRIBUTIONS BY PAROLEES, PROBATIONERS AND EMPLOYED RELEASEES (§§ 40-28-201 — 40-28-205) › Section 40-28-203 - Department of correction supervision and rehabilitation fund - Collection of funds - Authorized expenditures - Disposition of revenues

(a)
There is established a department of correction supervision and rehabilitation fund.
(b)
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.
(c)
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.
(d)
(1)
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.
(2)
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.
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(b); Acts 1985, ch. 211, § 2; 1989, ch. 227, § 50; 1995, ch. 497, § 2; 1998, ch. 1049, §§ 38, 39; 2005, ch. 149, § 3; 2009 , ch. 531, § 18; 2012 , ch. 727, § 38.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 2 - CONTRIBUTIONS BY PAROLEES, PROBATIONERS AND EMPLOYED RELEASEES (§§ 40-28-201 — 40-28-205) › Section 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
.
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(c); Acts 1985, ch. 211, § 3; 1998, ch. 1049, § 40; 2012, ch. 727, § 39.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 2 - CONTRIBUTIONS BY PAROLEES, PROBATIONERS AND EMPLOYED RELEASEES (§§ 40-28-201 — 40-28-205) › Section 40-28-205 - Civil recovery of unpaid supervision fees

(a)
(1)
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.
(2)
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.
(3)
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.
(4)
Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee Rules of Civil Procedure.
(b)
(1)
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.
(2)
The agent may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the unpaid fees.
(3)
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.
Acts 2008, ch. 1078, § 1; 2012, ch. 727, § 40.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 40-28-301 - Definitions

As used in this part:
(1)
"Chief supervision officer" means the correctional administrator for each region of the state or any other person designated by the commissioner;
(2)
(A)
"Community supervision" means:
(i)
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
(ii)
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
(B)
"Community supervision" does not mean community supervision for life imposed pursuant to §
39-13-524
;
(3)
"Court" means a court of record having original criminal jurisdiction;
(4)
"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;
(5)
"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;
(6)
"Probation and parole officer" means a person appointed or employed by the department to supervise individuals placed on community supervision; and
(7)
"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.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 40-28-302 - Policy on community supervision

Supervised individuals shall be subject to:
(1)
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
(2)
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.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 40-28-303 - System of graduated sanctions

(a)
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.
(b)
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.
(c)
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.
(d)
The department shall establish and maintain a program of initial and ongoing training regarding the system of graduated sanctions for probation and parole officers.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 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.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 40-28-305 - Authority to impose graduated sanctions

(a)
Notwithstanding any rule or law to the contrary, the department may impose graduated sanctions.
(b)
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.
(c)
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.
(d)
(1)
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.
(2)
Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test.
(e)
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.
(f)
The department shall regularly provide notice of sanctions imposed upon probationers to the sentencing court and the prosecutor's office for each jurisdiction.
(g)
If a probation and parole officer imposes a graduated sanction, the officer shall:
(1)
Deliver a copy of the sanction to the supervised individual; and
(2)
Note the date of delivery of the copy in the supervised individual's file.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 3 - COMMUNITY SUPERVISION (§§ 40-28-301 — 40-28-306) › Section 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.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 4 - SUPERVISION OF ADULT OFFENDERS (§§ 40-28-401 — 40-28-403) › Section 40-28-402 - Council for interstate adult offender supervision

(a)
The governor shall establish by an executive order the following:
(1)
The initial composition and terms of the Tennessee council for interstate adult offender supervision required by article III, paragraph B, of the Interstate Compact for Supervision of Adult Offenders. Members will be appointed by the governor to those positions, except that any positions representing the legislative branch shall be made jointly by the speaker of the house of representatives and the speaker of the senate and any positions representing the judicial branch shall be made by the chief justice of the Tennessee supreme court;
(2)
The qualifications and terms of the compact administrator required by article II, paragraph C, of that compact shall be determined by the state council; and
(3)
Any other matters necessary for the implementation of the compact at the time it becomes effective.
(b)
Except as provided by subdivisions (a)(1) and (2), the department of correction may promulgate any rules and regulations necessary to implement and administer the compact after it goes into effect.
Acts 2002, ch. 805, § 3; 2012, ch. 727, § 41.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 4 - SUPERVISION OF ADULT OFFENDERS (§§ 40-28-401 — 40-28-403) › Section 40-28-403 - Interstate compact for adult supervision registry

The department of correction shall maintain a database consisting of a registry and associated information of those persons who have been placed on probation or parole in another state but are residing in Tennessee pursuant to the compact for out-of-state supervision, compiled in this part. The registry shall include, at a minimum, the name of the offender and, for each probationer or parolee approved for residence in this state under the interstate compact after May 30, 1997, the offender's photograph. The database shall be placed and maintained on the state of Tennessee's internet website.
Acts 2012, ch. 727, § 42.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 5 - OPEN PAROLE HEARINGS ACT (§§ 40-28-501 — 40-28-505) › Section 40-28-501 - Short title

This part shall be known and may be cited as the "Open Parole Hearings Act."
Acts 1993, ch. 336, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 5 - OPEN PAROLE HEARINGS ACT (§§ 40-28-501 — 40-28-505) › Section 40-28-502 - Applicable requirements

(a)
The following requirements apply to parole board hearings:
(1)
In accordance with title 8, chapter 44, part 1, parole hearings and parole revocation hearings shall be open to the public, except as provided in subsection (b); and
(2)
The vote of each board member on each formal action shall be recorded. Formal actions include, but are not limited to, the granting or denial of parole, the revocation of parole or any action taken under subsection (b).
(b)
The following exceptions and limitations apply:
(1)
The board of parole may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations or security requirements of the hearing facilities; and
(2)
The board may deny admission or continued attendance at parole or parole revocation hearings to individuals who:
(A)
Threaten or present a danger to the security of the institution in which the hearing is being held;
(B)
Threaten or present a danger to other attendees or participants; or
(C)
Disrupt the hearing.
Acts 1993, ch. 336, § 2; 1998, ch. 1049, §§ 24, 66.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 5 - OPEN PAROLE HEARINGS ACT (§§ 40-28-501 — 40-28-505) › Section 40-28-504 - Written victim impact statements and victim impact statement videos

(a)
The board shall accept and consider victim impact statements, including victim impact statement videos.
(b)
Written victim impact statements and victim impact statement videos are confidential and must not be made available to the public.
(c)
Assertions made in a victim impact statement may be investigated and verified by the board.
(d)
As used in this section, "victim" includes both victims and victim representatives, as those terms are defined in §
40-38-203
.
Amended by 2021 Tenn. Acts, ch. 410, s 4, eff. 5/12/2021.
Acts 1993, ch. 336, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-601 - Supervision of parolees

(a)
The department is charged with the duty of supervising all prisoners released on parole from the prisons of the state, workhouses, jails or those accepted through the interstate compact, and of making investigation as may be necessary in connection therewith.
(b)
A probation and parole officer may, with the consent of the director, suspend direct supervision of a parolee after a successful two-year period of supervision. The parolee shall continue on parole and be subject to all rules and conditions of parole. A parolee who violates the rules and conditions may be subject to reinstatement of direct supervision or revocation of parole.
Acts 2012, ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-602 - Director of probation and parole - Qualifications - Duties

(a)
The commissioner shall appoint a director of probation and parole who shall devote full time and capacities to the duties of the office. The director shall have at least five (5) years of related administrative experience or a bachelor's or advanced degree in any of the following fields: penology, corrections work, law enforcement, law, vocational education, public administration, rehabilitation or social work, medicine or the behavioral sciences. Under the supervision of the commissioner or designee, the director of probation and parole shall:
(1)
Formulate methods of investigation, evaluation and supervision of persons under the supervision of the department;
(2)
Develop and implement various techniques relating to the casework of probation and parole officers, including, but not limited to, interviewing, organization of records, analysis of information, development of plans for supervision and the coordination of efforts by individuals and other governmental agencies involving the treatment and rehabilitation of persons released on parole;
(3)
Assist the commissioner in promulgating rules and regulations for the guidance of the probation and parole officers in the conduct of their work;
(4)
Supervise the work of the probation and parole officers;
(5)
Cooperate fully with state courts of criminal jurisdiction in all matters relating to persons who have been released on parole; and
(6)
Establish conditions of supervision for and supervise sex offenders sentenced to community supervision for life pursuant to §
39-13-524
.
(b)
Nothing in this part shall be construed to diminish the authority of the courts to impose conditions of supervision on probationers under their jurisdiction pursuant to §
40-35-303(d)
.
(c)
The director of probation and parole shall have the authority, upon request of the governor, to issue warrants authorizing the arrest and return to their former places of incarceration of persons who are reasonably believed to have violated the conditions of their grants of executive clemency.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-603 - Parole and probation officers - Appointment

The commissioner shall appoint probation and parole officers who shall be supervised by the director of probation and parole. The probation and parole officers shall be placed within districts or other locations as may be designated by the commissioner, and shall devote their full time and capacities to the duties of their office.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-604 - Probation and parole officers - Qualifications

No person shall be eligible for the position of probation and parole officer who has not received a bachelor's degree from an accredited college or university or had at least four (4) years of qualifying full-time professional experience. As used in this section, "qualifying full-time professional experience" includes law enforcement experience.
Amended by 2023 Tenn. Acts, ch. 358,s 1, eff. 5/5/2023.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-605 - Parole and probation officers - Powers and duties

The duties of probation and parole officers shall be to supervise, investigate and check on the conduct, behavior and progress of parolees and persons placed on probation by the courts or pursuant to §
40-35-501(a)(3)
, and assigned to them for supervision and shall make to the director or court, as appropriate, a report of the investigations, and shall perform other duties and functions as the director of probation and parole may direct.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-606 - Officers and employees - Compensation and salaries

The director of probation and parole and the probation and parole officers shall have their compensation fixed and shall be paid as other state officials and state employees are paid.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-607 - Report of violation of parole - Declaration of delinquency

(a)
If the probation and parole officer having charge of a paroled prisoner has reasonable cause to believe that the prisoner has violated the conditions of parole in an important respect, the officer shall report the facts to the director of probation and parole. The director or the director's designee shall review the reports and may issue a warrant for the retaking of the prisoner if the director or the director's designee agrees that parole may have been violated in an important respect. The governor shall have the power to issue requisition for the person if the person has departed from the state.
(b)
Whenever there is reasonable cause to believe that a parolee has violated parole and a parole violation warrant has been issued, the director of probation and parole may declare the parolee to be delinquent and the parolee will stop earning credit for service of the parolee's sentence from the date the warrant was issued until the removal of delinquency by the board.
(c)
Section
40-28-122(f)
shall apply if:
(1)
A paroled prisoner's probation and parole officer believes that the prisoner has violated the conditions of parole in an important respect based solely on the paroled prisoner being arrested on new criminal charges while on parole;
(2)
The director or the director's designee agrees that the paroled prisoner violated parole solely by being arrested for a new criminal charge and a warrant for the retaking of the paroled prisoner is issued; and
(3)
The paroled prisoner is arrested and incarcerated pending or following a parole revocation or rescission hearing.
Amended by 2017 Tenn. Acts, ch. 162, s 1, eff. 4/24/2017.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-608 - Relief from further reports - Permission to leave state or county

The director may relieve a prisoner on parole from making further reports and may permit the prisoner to leave the state or county, if satisfied that this is for the best interests of society.
Acts 2012 , ch. 727, § 43.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 6 - PROBATION AND PAROLE (§§ 40-28-601 — 40-28-610) › Section 40-28-609 - Final discharge of parolee

(a)
Whenever the director is satisfied that a parolee has kept the conditions of parole in a satisfactory manner, the director shall issue to the parolee a certificate of final discharge. This final discharge from parole will be granted only after a parolee has completed the maximum sentence imposed, less diminution allowed for good and honor time and incentive time and sentence credits earned and retained. If a parolee is not eligible for a certificate of discharge because of a pending violation, parole will expire at the end of the maximum sentence less diminution for good and honor time, incentive time and sentence credits earned and retained, plus delinquent time.
(b)
This is in no way to be construed as permitting a discharge from parole for parolees with a life sentence.
Acts 2012, ch. 727, § 43.