Tennessee Statutes
§ 40-28-101 — Purpose - Application to clemency powers
Tennessee § 40-28-101
JurisdictionTennessee
Title40
This text of Tennessee § 40-28-101 (Purpose - Application to clemency powers) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 40-28-101 (2026).
Text
(a)The purpose of this chapter is to provide a system of probation and paroles to be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in correctional institutions or under parole supervision when a period of institutional treatment has been deemed essential whenever it appears desirable in the light of the needs of public safety and their own welfare.
(b)Nothing in §§ 40-28-101 - 40-28-104 shall be construed in any way as intended to modify or abridge the clemency power
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Related
Shorts v. Bartholomew
278 S.W.3d 268 (Tennessee Supreme Court, 2009)
South v. Tennessee Board of Paroles
946 S.W.2d 310 (Court of Appeals of Tennessee, 1996)
Carroll v. Raney
953 S.W.2d 657 (Tennessee Supreme Court, 1997)
Carvin Thomas v. Richard Montgomery
140 F.4th 335 (Sixth Circuit, 2025)
Hinds v. State of Tenn.
888 F. Supp. 854 (W.D. Tennessee, 1995)
Hinds v. Tennessee
888 F. Supp. 854 (W.D. Tennessee, 1995)
Horton v. Parole Eligibility Review Bd.
(Court of Appeals of Tennessee, 2000)
Billy R. Sadler v. Tennessee Board of Probation and Parole
(Court of Appeals of Tennessee, 2001)
Kim Lamar Witt v. State
(Court of Criminal Appeals of Tennessee, 1997)
Marvin Goodman v. State
(Court of Criminal Appeals of Tennessee, 1997)
James Jennings v. Charles Traughber
(Court of Appeals of Tennessee, 1996)
Legislative History
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(1), (5).
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnessesCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 40-28-101, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-28-101.