Tennessee § 40-28-121 Arrest of parole violator - Preliminary hearing - Notice

Tennessee Statutes

§ 40-28-121 — Arrest of parole violator - Preliminary hearing - Notice

Tennessee § 40-28-121

Title40

This text of Tennessee § 40-28-121 (Arrest of parole violator - Preliminary hearing - Notice) 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. § 40-28-121 (2026).

Text

(a)Upon the issuance of a warrant under § 40-28-607 , any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board.

(b)Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall

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(a) Upon the issuance of a warrant under § 40-28-607 , any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board. (b) Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute "probable cause" and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary. (c) Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing. (d) The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board.

Legislative History

Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40; 2012 , ch. 727, § 28.