Tennessee § 40-35-504 - Release classification status programs — Parole — Penalty for violation of parole.

§ 40-35-504. Release classification status programs — Parole — Penalty for violation of parole.

When the board of parole determines that an eligible inmate should be granted parole, the inmate may be placed on supervised parole under the prescribed conditions and in accordance with § 40-28-118. If it is determined that an eligible inmate should not be granted parole, the board shall thereupon inform the inmate, in writing, of the date the inmate will be reconsidered for parole. A defendant convicted of a felony who has been admitted to parole shall be supervised by the department of correction and shall make periodic reports to an assigned parole officer for not less than one (1) year. Thereafter, the defendant may be relieved from making any further periodic reports if the parole officer, with the consent of the director of probation and parole, determines that: The defendant has abided by the terms of parole in a satisfactory manner; There is a reasonable likelihood that the defendant will remain at liberty without violating the law; and Relief from further periodic reporting is not incompatible with the welfare of society. A defendant relieved from reporting shall still be considered to be within the jurisdiction of the board and the department of correction or the local jail or workhouse authorities and shall be subject to termination of parole status for the remainder of the sentence originally imposed. The director of probation and parole may reinstitute required periodic reporting at any time. A defendant who violates the terms of parole is subject to the terms of §§ 40-28-121 — 40-28-123, which shall govern the termination of parole. If a defendant who has been placed on parole is convicted of a felony committed while on parole, the board, in its discretion, may revoke the defendant's parole and require the defendant to serve the remainder of the sentence originally imposed, or a portion of the original sentence as the board may determine, before the defendant begins serving the sentence for the crime committed while on parole. Upon revocation of supervised or unsupervised parole by the board under subsection (d) or (e), the time a defendant spent on parole shall not be considered as service of the sentence unless the board determines to grant all or part of the time to the defendant. Acts 1989, ch. 591, § 6; 2012, ch. 727, § 59. Sentencing Commission Comments. This section addresses administrative aspects of parole determinations. All persons placed on parole must initially be on supervised status. If an eligible inmate is denied parole, the board must inform the inmate of the date that he or she will be reconsidered for parole. Subsection (b) provides that the board may remove the direct supervision requirement after the defendant has been on parole for one year. Prior law was two years. As provided in subsection (c) even though a parolee may be relieved from direct supervision, the parolee is still under the jurisdiction of the board and the agency from which he was paroled for purposes of potential revocation of parole. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. For the Preamble to the act concerning the transfer 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 subsections (a)-(c), shall be fully accomplished on or before January 1, 2013. Cross-References. Inmate release privileges, title 41, ch. 21, part 7. Probation, paroles, and pardons, title 40, ch. 28. Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.122, 32.125, 32.174, 32.224.