Tennessee § 40-28-116 - Power to parole.

§ 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. Acts 1913, ch. 8, § 3; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7202a6; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 11771; impl. am. Acts 1937, ch. 276, §§ 1, 3; C. Supp. 1950, § 11771; Acts 1957, ch. 353, § 1; 1961, ch. 93, § 10; 1965, ch. 273, §§ 1, 2; impl. am. Acts 1972, ch. 636, § 1; Acts 1973, ch. 370, §§ 1, 2; 1974, ch. 624, § 4; modified; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 359, § 18; 1979, ch. 386, § 3; T.C.A. (orig. ed.), § 40-3613; Acts 1985 (1st Ex. Sess.), ch. 5, § 26; 1989, ch. 227, § 30; 1989, ch. 591, § 8; 1992, ch. 991, § 17; 1998, ch. 1049, § 24; 2012, ch. 727, § 24. Compiler's Notes. Acts 1985 (1st Ex. Sess.), ch. 5, § 32, provided that the department of correction shall consider the implementation of a plan whereby any inmate who has served five (5) years or more in the custody of the department be placed in a halfway house for a period of time prior to his release on supervised parole. For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subdivision (a)(1), shall be fully accomplished on or before January 1, 2013. Cross-References. Eligibility for parole, § 40-28-115 . Sex offenders, title 33, ch. 6, part 8. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.2, 32.60. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 49; 20 Tenn. Juris., Pardon and Parole, § 7. Law Reviews. The Habitual Offender Laws of Tennessee (Steven W. Feldman), 14 Mem. St. U.L. Rev. 293 (1984). Attorney General Opinions. Retroactive custodial parole hearing authorized for first of consecutive sentences, OAG 98-089 (4/15/98).