§ 40-28-123 — Felony committed by parolee or prisoner assigned to release program - Signed acknowledgement prerequisite to participation in release programs

Tennessee § 40-28-123

• Jurisdiction: Tennessee
• Title: 40

Text

(a) Any prisoner who is convicted in this state of a felony, committed while on parole from a state prison, jail or workhouse, shall serve the remainder of the sentence under which the prisoner was paroled, or part of that sentence, as the board may determine before the prisoner commences serving the sentence received for the felony committed while on parole. If any prisoner while on parole from a state prison, jail or workhouse commits a crime under the laws of another state government or country which, if committed within this state, would be a felony, and is convicted of the crime, the director of probation and parole shall arrange for the return of the prisoner through the terms of the interstate compact. The board shall require that the prisoner serve the portion remaining of the maximum term of sentence or part of that sentence as the board may determine. The board, at its discretion, may recommend to the commissioner of correction the removal of all or any part of the good and honor time and incentive time accrued on the sentence under which the prisoner was paroled. (b) (1) Any prisoner who is convicted in this state of any felony except escape, and when the felony is committed while the prisoner is assigned to any work release, educational release, restitution release or other program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, participation in any programs authorized by § 41-21-208 or § 41-21-227 , the prisoner shall serve the remainder of the term without benefit of parole eligibility or further participation in any of these programs. The department shall have the authority to penalize or punish prisoners who escape from any of the above programs in accordance with department policy. (2) As a prerequisite to any inmate's placement in a program described in subdivision (b)(1), the department shall read and provide the inmate with a copy of subdivision (b)(1). The inmate shall then give written acknowledgement of receipt of the copy and shall signify comprehension of the provisions contained in it. A permanent file, hardcopy or electronic, of these acknowledgements shall be maintained by the department.

Legislative History

Acts 1937, ch. 276, § 13; C. Supp. 1950, § 11818.13 (Williams, § 11843.13); Acts 1961, ch. 289, § 1; 1974, ch. 624, § 9; 1978, ch. 794, § 1; 1979, ch. 359, § 23; T.C.A. (orig. ed.), § 40-3620; Acts 1985, ch. 220, § 1; 1989, ch. 227, §§ 43, 44; 1998, ch. 1049, §§ 24, 25; 2012 , ch. 727, § 31.