Section 1100-01-01-.07 - BOARD CRITERIA FOR GRANTING OR DENYING PAROLE(1) Before granting or denying parole, the Board may apply the following factors to each eligible inmate to assist in determining whether such inmate will live and remain at liberty without violating the law or the conditions of his or her parole:(a) The nature of the crime and its severity;(b) The inmate's previous criminal record, if any;(c) The inmate's institutional record;(d) The views of the appropriate trial Judge and the District Attorney General, who prosecuted the case;(e) The inmate's circumstances if returned to the community;(f) Any mitigating or aggravating circumstances surrounding the offense;(g) The views of the community, victims of the crime or their family, institutional staff, probation and parole officers, or other interested parties;(h) The inmate's training, including vocational and educational achievements;(i) The inmate's employment history, his or her occupational skills, including any military experience, and the stability of his or her past employment;(j) The inmate's past use of narcotics, or past habitual and excessive use of alcohol;(k) The inmate's behavior and attitude during any previous experience on probation or parole and the recentness of such experience;(l) A validated risk and needs assessment to adequately assess the risk an inmate poses to society and his or her potential for parole success; and(m) Any other factors required by law to be considered or the Board determines to be relevant.(2) In applying the above factors to a particular inmate, the Board may consider the following sources of information: (a) Reports prepared by institutional staff relative to the inmate's social history and institutional record, including any recommendations the institutional staff may wish to make;(b) All relevant Department of Correction or other prison, jail, or workhouse reports;(c) Observations concerning the suitability of releasing the inmate on parole from court officials, law enforcement officials, and other interested community members;(d) Reports or recommendations resulting from any physical, psychological, or psychiatric examination or evaluation of the inmate;(e) Any relevant information submitted by the inmate, his or her attorney, representatives on his or her behalf, or other interested parties;(f) The parole plan, which the inmate has submitted; and(g) Any other relevant information concerning the inmate.(3) The Board shall consider written or video impact statements or other information submitted by the victim or the victim's family.(4) After applying the various factors for consideration to the individual inmate, the Board shall deny the inmate's release on parole if it determines that: (a) There is a substantial indication that the inmate will not conform to the conditions of his or her parole;(b) Release from custody at this time would depreciate the seriousness of the crime of which the person stands convicted or promote disrespect for the law;(c) Release at this time would have a substantially adverse effect on institutional discipline; or(d) The person's continued correctional treatment, medical care, or vocational or other training in the institution, will substantially enhance the person's capacity to lead a law-abiding life when given release at a later time.(5) The Board may revise or modify its parole criteria and factors for consideration, as it deems appropriate.(6) No offender may be declined parole release solely pursuant to 1100-01-01-.07(4)(b) unless serving a sentence for First degree murder or an attempt to commit, solicitation of, or facilitation of first degree murder; Second degree murder or an attempt to commit or facilitation of second degree murder; Voluntary manslaughter; Aggravated vehicular homicide; Vehicular homicide; Especially aggravated kidnapping or an attempt to commit or facilitation of especially aggravated kidnapping; Trafficking for a commercial sex act; A human trafficking offense; Advertising commercial sexual abuse of a minor; Especially aggravated robbery or an attempt to commit or facilitation of especially aggravated robbery; Aggravated rape of a child or an attempt to commit or facilitation of aggravated rape of a child; Aggravated rape or an attempt to commit or facilitation of aggravated rape; Rape of a child or an attempt to commit or facilitation of rape of a child; Rape; Aggravated sexual battery; Especially aggravated burglary; Aggravated child abuse; Aggravated sexual exploitation of a minor; Especially aggravated sexual exploitation of a minor; Aggravated vehicular assault; Aggravated abuse of an elderly or vulnerable adult, or Vehicular assault.Tenn. Comp. R. & Regs. 1100-01-01-.07
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, 40-28-105, 40-28-106, 40-28-108, 40-28-114, 40-28-116, 40-28-118, 4028-504, and 40-35-503.