Section 1100-01-01-.08 - THE PAROLE HEARING PROCESS(1) Parole Eligibility.(a) Although the decision to release an inmate on parole is discretionary with the Board, parole eligibility is, by law, based upon the completion of a statutorily specified portion of a sentence, less any applicable credits.(b) The Department of Correction shall notify the Board of an inmate's parole eligibility date.(c) The Board's staff shall then compile and distribute dockets or lists of the cases to be heard by the Board.(d) Subject to later alteration, the Board's schedule of dates and locations of hearings shall be available to those requesting it prior to the hearing.(e) Inmates classified as close custody at the time they would otherwise be eligible for parole, shall not be certified by the Department of Correction, as eligible for a parole grant hearing, other than an initial grant hearing if, at the time the Department of Correction would otherwise have certified the inmate as eligible, the inmate is classified as close custody.(f) This de-certification of inmates classified as close custody shall continue for the duration of the classification and for a period of one (1) year thereafter.(g) Inmates classified as maximum custody at the time they would otherwise be eligible for parole, shall not be certified by the Department of Correction as eligible for a parole grant hearing, other than an initial grant hearing if, at the time the Department of Correction would otherwise have certified the inmate as eligible, the inmate is classified as maximum custody.(h) This de-certification of inmates classified as maximum custody shall continue for the duration of the classification and for a period of two (2) years thereafter.(i) Pursuant to T.C.A. 40-35-503, it is presumed that offenders who are convicted of a Class D or Class E felony or are currently serving a sentence for a felony that is not classified as a violent offense under § 40-35-120(b), are low risk to reoffend or best supervised in the community based on their current risk and needs assessment, have successfully completed the institutional programming recommended by TDOC, have not received a Class A or Class B disciplinary in the previous twelve (12) months, and are not convicted of a sex offense, sexual offense or violent sexual offense as defined by statute, are to be released upon reaching their release eligibility date unless good cause is found on the record for denying release. Good cause shall be based upon application of the Board Criteria for Granting or Denying Parole and the Parole Release Decision Making Guidelines to facts or circumstances contained in an offender's file.(2) The Parole Hearing Process. (a) The Board is empowered to employ Hearing Officers to review inmates for any matter concerning a parole. The Hearing Officer's recommendations are advisory only and the Board shall accept, modify, or reject any recommendation made by a Hearing Officer.(b) If the Board determines that it does not have necessary reports or sufficient information, upon which to base an objective decision in a particular case, it may continue such hearing to a later date. The Board may also continue a hearing to await the disposition of untried indictments, disciplinary proceedings, or to investigate the status of an outstanding detainer. Such continued hearings will subsequently be processed as scheduled, unless new commitments or the loss of good and honor time credits, alters the inmate's parole eligibility dates.(c) Any eligible inmate may request that his or her scheduled parole grant hearing be deferred until a later specific month or year by signing a waiver to that effect, witnessed by correction or probation and parole personnel. The Board or a designated Hearing Officer may accept or reject the waiver and agree to defer the case or proceed to conduct the hearing. An inmate is to sign a waiver asking that his or her parole hearing be continued until a later date.(3) Findings and Notice of Decision. (a) The Board shall notify the inmate, in written form, of its final decision and reasons for the decision. Upon receipt of notice of the decision, the inmate shall sign and date a copy of the decision notification. Upon declining to grant parole in any case, the Board must state in writing the reason for declining parole and how the inmate can improve the inmate's chance of being released on parole in the future.(b) As soon as practicable after the Board's action, it shall cause to be forwarded to the appropriate standing committee of the General Assembly, a written list of the names of all inmates released on parole.(4) Appellate Procedure. (a) An inmate whose parole has been revoked, rescinded, or denied may request an appellate review by the Board. Requests for an appellate review must be received by the Board within forty-five (45) days from the date the inmate signed the decision notification indicating that he or she has received notice of the decision.(b) If the request for an appeal is not received within forty-five (45) days from the date the inmate signed the decision notification, it will be denied.(c) The request will be screened by Board Members, or their designee, to decide if it will be forwarded to the Board Members for their review.(d) Reviews by the Board will be conducted for the following reasons: 1. If there is significant new evidence that was not available at the time of the hearing;2. If there are allegations of misconduct by the hearing official that are substantiated by the record; or3. If there were significant procedural errors by the hearing official.(e) All requests that will be sent to the Board Members for review must be based on one or more of the above stated reasons.(f) Requests based on the availability of new evidence or information must be accompanied by adequate documentation. Requests based on allegations of misconduct or significant procedural errors must clearly indicate the specific misconduct or procedural error(s).(g) If a case is set for review, it will be conducted from the record of the first hearing and the appearance of the inmate will not be necessary. An appearance appeal hearing may be conducted if there were significant errors on the part of the hearing official or if misconduct on the part of the hearing official occurred in the initial hearing, and another hearing is necessary in order to correct the misconduct or significant errors from the first hearing.(h) If the appeal reviewer believes that a review by the Board is warranted, the file shall be forwarded to Board Members not voting on the original case and not a party to the original decision. If there are not sufficient non-voting members to finalize the appeal, the appeal document shall be circulated randomly to Board Members until a final decision is reached.(i) A decision to hold an appeal hearing requires three concurring votes of the Board Members. The Board may also vote to grant the appeal without holding a new hearing if the significant new information is sufficient. This decision also requires the concurrence of three (3) Board Members.(5) Parole Revocation/Rescission Review Pursuant to T.C.A. § 40-28-122(g).(a) This type of hearing may be requested by an offender if that offender's parole has been revoked or rescinded by the Board of Parole based solely upon the filing of new criminal charges, and those charges are later: 1. Dismissed or retired on the merits;2. A no true bill is returned by a grand jury;3. A verdict of not guilty is returned by a Judge or jury; or4. The offender was arrested and released without being charged.(b) A written or emailed notice of the foregoing must be submitted to the Executive Director of the Board by: 1. The District Attorney General (or designee thereof) from the judicial district in which the charges were brought;2. The Judge in the court where the charges were brought;3. An Assistant Commissioner from the Department of Correction;4. The offender's attorney, provided that the notification is also signed by one of the first three officials listed herein; or5. The offender, provided that the notification is also signed by one of the first three officials listed herein.(c) This written or emailed notice must include documentation of the alleged event and will be verified within ten (10) business days.(d) If verified and the offender is eligible pursuant to statute, the Board or the Board's designee will conduct a hearing on the record to determine if the criteria have been met, as outlined in T.C.A. § 40-28-122(g), after which the Board may vote, based on the entirety of the record, to release and reinstate parole in accordance with applicable law. This hearing shall be scheduled for the next available docket, and shall be conducted no later than thirty-five (35) days from verification of eligibility.(e) If released and reinstated, the Board shall notify TDOC so that any sentence credits that may have been lost while the offender was incarcerated shall also be reinstated.Tenn. Comp. R. & Regs. 1100-01-01-.08
Original rule filed December 6, 1979; effective January 20, 1980. 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 December 23, 2019; effective March 22, 2020. 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, 40-28-119, 40-28-122, 40-35501, 40-35-503, and 40-36-102.