Tennessee § 40-28-123 - Felony committed by parolee or prisoner assigned to release program — Signed acknowledgement prerequisite to participation in release programs.

§ 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. 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. Compiler's Notes. 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 subsection (b), shall be fully accomplished on or before January 1, 2013. Cross-References. Counsel for indigent persons in parole revocation proceedings, Tenn. R. Sup. Ct. 16. Counsel for indigents, title 40, ch. 14, part 2. Grant of furloughs to inmates, § 41-21-227 . Interstate compact for supervision of adult offenders, title 40, ch. 28, part 4. Work within and outside prisons, § 41-21-208 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.122, 32.174. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 47; 20 Tenn. Juris., Pardon and Parole, § 8. Law Reviews. Criminal Law in Tennessee in 1968 — A Critical Survey (Joseph G. Cook), 36 Tenn. L. Rev. 221. Attorney General Opinions. Applicability to inmates assigned to work release programs who escape from institution, OAG 97-144 (10/23/97).