§ 40-28-117 — Grounds for parole - Terms

Tennessee § 40-28-117

• Jurisdiction: Tennessee
• Title: 40

Text

(a) (1) Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that the prisoner's release is not incompatible with the welfare of society. If the board so determines, the prisoner may be paroled and if paroled shall be allowed to go upon parole outside of prison walls and enclosure upon the terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison or the supervisor of the county jail or workhouse from which the prisoner is paroled, until the expiration of parole. The terms and conditions of parole set by the board may specifically include the requirement that a prisoner pay restitution to the victims of the crimes for which the prisoner had been sentenced to prison, to compensate them for their personal injuries or property losses or both proximately caused through the commission of those crimes. (2) (A) For any prisoner paroled on or after July 1, 2014, the terms and conditions may specifically include that the prisoner, upon release, use a transdermal monitoring device or other alternative monitoring device if, in the opinion of the board, the prisoner's use of alcohol or drugs was a contributing factor in one (1) or more of the offenses for which the prisoner is being paroled. (B) As used in this subdivision (a)(2), "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (½) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. If the board includes use of a transdermal monitoring device or alternative monitoring device as a term and condition on or after July 1, 2016, but determines that the person is indigent, the board shall order that the portion of the costs of the device that the person is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 . (3) The terms and conditions of parole for a prisoner convicted of vehicular homicide, under § 39-13-213(a)(2) , or aggravated vehicular homicide, under § 39-13-218 , must specifically include that the prisoner, upon release: (A) Attend substance abuse treatment for the duration of any period of parole. Attendance at substance abuse treatment shall be a condition of parole, and failure to attend shall be punished as a violation of the conditions of the prisoner's parole; and (B) Is prohibited from possessing or consuming alcohol or a controlled substance, as defined in § 39-17-402 , for which the prisoner does not have a valid prescription for the duration of any period of parole. Possession or consumption of alcohol or a controlled substance for which the prisoner does not have a valid prescription during parole shall be punished as a violation of the conditions of the prisoner's parole. (b) Every prisoner who has never been granted a parole of any type by the board on a particular sentence of imprisonment shall be granted a mandatory parole by the board subject to the following restrictions: (1) Prisoners serving an indeterminate or determinate sentence with a maximum term of two (2) years up to ten (10) years inclusive, as fixed by the court, shall be paroled by the board ninety (90) days prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (2) Prisoners serving a determinate or indeterminate sentence with a maximum term of more than ten (10) years as fixed by the court, shall be paroled by the board six (6) months prior to the completion of the maximum term of sentence less credit for good and honor time and incentive time; (3) All prisoners mandatorily paroled shall be paroled under the provisions and conditions as the board may deem necessary. A violation of the provisions and conditions shall subject the prisoner to all the penalties and provisions of law now provided for violation of the terms of parole. Upon a violation, the prisoner shall not receive another mandatory parole, but may be paroled in the discretion of the board; (4) Mandatory parole shall not be construed to grant parole earlier than set forth in §§ 40-28-115 - 40-28-119; (5) Every prisoner released on mandatory parole shall receive a money and clothing allowance, as set out in § 41-21-219 , for prisoners released on parole; and (6) Prisoners who have been convicted of a sex offense shall not be released on mandatory parole unless they have been evaluated and met the requirement described in § 40-28-116(a) . (c) (1) Except as provided in subdivision (c)(2), if a prisoner released on parole is required as a condition of parole to submit to transdermal monitoring or other alternative monitoring, it is a Class B misdemeanor: (A) For the prisoner to knowingly tamper with, remove, or vandalize the monitoring device; or (B) For any person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device. (2) If a person violates subdivision (c)(1) and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (3) If an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device must promptly give notice of the violation to the department of correction.

Legislative History

Amended by 2024 Tenn. Acts, ch. 874,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 671,s 3, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 993, s 13, eff. 7/1/2016. Acts 1937, ch. 276, § 9; C. Supp. 1950, § 11818.9 (Williams, § 11843.9); Acts 1961, ch. 93, § 11; 1974, ch. 624, § 5; 1975, ch. 99, § 1; 1979, ch. 313, § 1; T.C.A. (orig. ed.), § 40-3614; Acts 1989, ch. 227, §§ 31-33; 2014, ch. 567, § 2.