Tenn. Comp. R. & Regs. 1100-01-01-.06

Current through June 10, 2024
Section 1100-01-01-.06 - PAROLE HEARINGS
(1) The Board will conduct hearings concerning matters of parole release and parole violations. The times, locations, and dockets of such hearings will be announced to the appropriate institutional and parole staff, the inmates or offenders, Judges, Sheriffs, and District Attorneys General of the county in which the person was convicted, and any other interested parties who have requested to be notified.
(2) At least thirty (30) days prior to a scheduled parole hearing and three (3) days prior to a parole revocation hearing, the Board shall send notice of the date and place of the hearing to the following individuals:
(a) The trial Judge for the Court in which the conviction occurred, or the trial Judge's successor;
(b) The District Attorney General in the county in which the crime was prosecuted;
(c) The Sheriff of the county in which the crime was committed; and
(d) The victim or the victim's representative, who has requested notification of the date and place of the scheduled hearing and/or notice of the Board's final decision. However, at any time, the victim or victim's representative may withdraw the request for notice by sending the Board a written statement that the request for notice is withdrawn.
(3) A victim of a crime or a victim's representative may submit a victim impact statement.
(4) No later than thirty (30) days after a parole hearing decision has been finalized, the Board shall send notice of its decision to those required to receive notice under subsection (2), together with notice that any victim whom the Board failed to notify as required in subsection (2) has the opportunity to have a written impact statement considered by the Board.
(5) Subject to applicable provisions of law, it is the sole duty of the Board to determine which inmates serving a sentence in state prisons, county workhouses, and/or jails may be released on parole, when they may be released, and under what conditions.
(6) In granting parole, the Board may impose any conditions and limitations that the Board deems necessary, including consent by the offender to submit to search by TDOC staff or law enforcement. Pre-release conditions may only be mandated in accordance with treatment recommendations of the Department of Correction based on a validated risk and needs assessment.

Tenn. Comp. R. & Regs. 1100-01-01-.06

Original rule filed December 6, 1979; effective January 20, 1980. Amendment filed March 11, 1985; effective April 10, 1985. Repeal and new rule filed August 31, 1990; effective November 28, 1990. Repeal and new rule filed May 5, 2009; effective September 28, 2009. Repeal and new rules filed December 14, 2018; effective March 14, 2019. Amendments filed July 21, 2022; effective 10/19/2022.

Authority: T.C.A. §§ 40-28-104 through 40-28-107, 40-28-115, 40-28-116, 40-28-118, 40-28-119, 40-35501, 40-28-503, and 40-28-505.