Tennessee Code Annotated
Tenn. Code Ann. § 40-28-103 (2026)
Board of parole
✓ current as of May 2026
- (a) There is created a full-time, autonomous board of parole that is composed of seven (7) members who shall be appointed by the governor, and that shall be autonomous in structure and shall have the authority to perform all administrative functions necessary to carry out its duties, including the submission of a budget request to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources. In all respects the board shall be separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees shall be subject to the budgetary, accounting, personnel, purchasing and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4.
- (b) In the initial appointments made under this section, the speaker of the senate and the speaker of the house of representatives shall jointly appoint one (1) member to a term expiring on January 1, 1986. The governor shall appoint two (2) members to terms expiring on January 1, 1984, and two (2) members to terms expiring on January 1, 1982. On June 2, 1989, the governor shall appoint two (2) additional members to terms expiring on January 1, 1992. Thereafter, all members shall serve six-year terms and shall be eligible for reappointment. Beginning on April 7, 2017, all appointments and reappointments shall be made by the governor.
- (c) In considering persons for appointment, the appointing authority shall give preference to candidates with training, education or experience in the criminal justice system, law, corrections, medicine, education, social work or the behavioral sciences. Beginning with the gubernatorial appointments that are made to the board of parole for terms beginning in January 2018 or when a vacancy on the board occurs, every six (6) years the governor shall strive to appoint at least one (1) individual to the board who possesses expertise in corrections, probation, or parole by virtue of training or employment. No member of the board shall hold any other salaried public office, whether elective or appointive, nor shall any member engage for pay in any other business or profession.
- (d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term.
- (e) The governor shall appoint one (1) member of the board to serve as its chair for a term of two (2) years, beginning July 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this chapter. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated shall have and perform all the powers and duties of the chair of the board.
Amended by 2017 Tenn. Acts, ch. 108,Secs.s1, s2, s3 eff. 4/7/2017.
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(3); Acts 1984, ch. 736, § 1; 1989, ch. 506, §§ 1, 2; 1998, ch. 1049, § 66.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1997–2025 · leading case: Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012).
Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). “§ 4-3-601 (2011) (creating a "department of correction”), with Tenn.Code Ann. § 40-28-103(a) (2006) (creating a "board of probation and parole” and directing that "the board shall be separate functionally and administratively from any other agency”).”
Jeffrey Hughes v. Zane Duncan, 93 F.4th 374 (6th Cir. 2024). “Tenn. Code Ann. § 40-28-103 (a)–(b) (West 2024).”
Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). “§ 40-28-103(c). Thus the effect of the twenty-year deferral is not only to preclude reconsideration of Mr.”
Carvin Thomas v. Richard Montgomery, 140 F.4th 335 (6th Cir. 2025). “Tenn. Code Ann. § 40-28-103 (a). The Board is responsible for determining inmates’ fitness for parole.”
William W. York v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2004). “Tenn.Code Ann. § 40-28-103(c). Thus the effect of the twenty-year deferral is not only to preclude reconsideration of Mr.”
Reginald Tutton v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2013). “The Baldwin court noted that Board members are appointed to serve six-year staggered terms, Tenn. Code Ann. § 40-28-103 (c), and that because of this length of a member’s term the effect of the twenty-year deferral is not only to preclude reconsideration of Mr.”
Gary Wayne Garrett v. Tennessee Bd. of Parole (Tenn. Ct. App. 2021). “§ 40-28-103(a) (2018). 3 But, in his argument, Mr.”
Martin Walker v. Tennessee Bd. of Parole (2023). “See Tenn. Code Ann. § 40-28-103 (b). Thus, a parolee who has been denied parole but who is granted a subsequent hearing two or more years later will appear before a Board that is comprised of different rnembers.”
Williams v. TDOC (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 40-28-103 . The petitioner next contends that adjustment to his sentence is mandated by the criminal savings statute which was codified at Tenn.”
Jeffrey Lynn Bush v. State of Tennessee (Tenn. Crim. App. 1997). “Tenn. Code Ann. § 40-28-103 , - 106. As established by our legislature, the authority to grant paroles is not judicial in nature, but is administrative.”
— Tenn. Code Ann. § 40-28-103(a) — 2 cases
Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). “§ 4-3-601 (2011) (creating a "department of correction”), with Tenn.Code Ann. § 40-28-103(a) (2006) (creating a "board of probation and parole” and directing that "the board shall be separate functionally and administratively from any other agency”).”
Gary Wayne Garrett v. Tennessee Bd. of Parole (Tenn. Ct. App. 2021). “§ 40-28-103(a) (2018). 3 But, in his argument, Mr.”
— Tenn. Code Ann. § 40-28-103(c) — 2 cases
Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). “§ 40-28-103(c). Thus the effect of the twenty-year deferral is not only to preclude reconsideration of Mr.”
William W. York v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2004). “Tenn.Code Ann. § 40-28-103(c). Thus the effect of the twenty-year deferral is not only to preclude reconsideration of Mr.”
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