Tennessee Code Annotated
Tenn. Code Ann. § 40-28-101 (2026)
Purpose - Application to clemency powers
✓ current as of May 2026
- (a) The purpose of this chapter is to provide a system of probation and paroles to be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in correctional institutions or under parole supervision when a period of institutional treatment has been deemed essential whenever it appears desirable in the light of the needs of public safety and their own welfare.
- (b) Nothing in §§ 40-28-101 - 40-28-104 shall be construed in any way as intended to modify or abridge the clemency powers of the governor, as defined in §§ 40-27-101 - 40-27-108.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), §§ 40-3601(1), (5).
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1995–2025 · leading case: Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009).
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “See generally Tenn.Code Ann. §§ 40-28-101 through — 505.”
South v. Tennessee Bd. of Paroles, 946 S.W.2d 310 (Tenn. Ct. App. 1996). “The powers and duties of the Board of Paroles are to be found in Tenn.Code Ann. § 40-28-101 et seq. That chapter contains the following language: “The action of the board in releasing prisoners shall be deemed a judicial function, and shall not be renewable if done according to…”
Carroll v. Raney, 953 S.W.2d 657 (Tenn. 1997). “” Tenn.Code Ann. § 40-28-128 (1990). 4 . Now codified in Tenn.”
Carvin Thomas v. Richard Montgomery, 140 F.4th 335 (6th Cir. 2025). “See Tenn. Code Ann. § 40-28-101 (a) (2025); Zachary Hamilton, et al.”
Hinds v. State of Tenn., 888 F. Supp. 854 (W.D. Tenn. 1995). “" Section 40-28-117(a) states, in pertinent part: Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is…”
Hinds v. Tennessee, 888 F. Supp. 854 (W.D. Tenn. 1995). “” Section 40-28-117(a) states, in pertinent part: Parole being a privilege and not a right, no prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board is of the opinion that there is…”
State of Tennessee v. Eric Joseph Mathis (Tenn. Crim. App. 2025). “As to this argument, he cites the probation-purpose statute contained in Tennessee Code Annotated section 40-28-101 and argues that the record shows the trial court had not referred the Defendant to substance abuse treatment programs in the past.”
Billy R. Sadler v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2001). “Sadler argues in a general way that the procedures applicable to the abolished Board of Pardons and Paroles are the ones that the Board of Paroles should have followed in his case.”
Horton v. Parole Eligibility Review Bd. (Tenn. Ct. App. 2000). “3 The powers and duties of the Board are set forth in T.C.A. § 40-28-101 et seq. Section 40-28-115(c) provides that “the action of the Board in releasing prisoners s hall be de emed a judicial fun ction and shall not be reviewa ble if done according to law.”
James Jennings v. Charles Traughber (Tenn. Ct. App. 1996). “T.C.A. § 40-28-101 et seq. (Michie 1990) sets forth a uniform system of probation and parole regulations.”
Marvin Goodman v. State (Tenn. Crim. App. 1997). “See Tenn. Code Ann. §§ 40-28-101 through -125.”
Kim Lamar Witt v. State (Tenn. Crim. App. 1997). “See Tenn. Code Ann. §§ 40-28-101 through -125 (1982 repl.”
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