Tennessee § 40-28-118 - Determination as to paroles — Supervision of parolees.

§ 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. 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. 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. Acts 1990, ch. 729, § 4 provided that the amendment by that act shall apply to any felon, notwithstanding the date of sentencing. 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 this section, shall be fully accomplished on or before January 1, 2013. Cross-References. Interstate Compact for Supervision of Adult Offenders, title 40, ch. 28, part 4.