Tennessee Statutes

§ 40-28-101 — Purpose - Application to clemency powers

Tennessee § 40-28-101

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)
35 case citations
South v. Tennessee Board of Paroles
946 S.W.2d 310 (Court of Appeals of Tennessee, 1996)
26 case citations
Carroll v. Raney
953 S.W.2d 657 (Tennessee Supreme Court, 1997)
10 case citations
Carvin Thomas v. Richard Montgomery
140 F.4th 335 (Sixth Circuit, 2025)
6 case citations
Hinds v. State of Tenn.
888 F. Supp. 854 (W.D. Tennessee, 1995)
1 case citations
Hinds v. Tennessee
888 F. Supp. 854 (W.D. Tennessee, 1995)
1 case citations
Horton v. Parole Eligibility Review Bd.
(Court of Appeals of Tennessee, 2000)
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
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Bluebook (online)
Tennessee § 40-28-101, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-28-101.