Tennessee Code Annotated
Tenn. Code Ann. § 40-28-116 (2026)
Power to parole
✓ current as of May 2026
- (a)
- (1) The board has the power to cause to be released on parole any person the department has declared eligible for parole consideration.
- (2) No person convicted of a sex crime shall be released on parole unless a psychiatrist or licensed psychologist designated as a health service provider has evaluated the inmate and determined to a reasonable medical or psychological certainty that the inmate does not pose the likelihood of committing sexual assaults upon release from confinement. The evaluations shall be provided by psychiatrists or licensed psychologists designated as health service providers whose services are contracted for and funded by the board.
- (b) Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner and the board. In granting parole, the board may impose any conditions and limitations that the board deems necessary, except that the board shall not require a condition or limitation to be completed prior to release on parole unless the department of correction recommends completion of the condition or limitation prior to release on parole.
- (c)
- (1) The board shall consider granting parole to a prisoner who has reached the release eligibility date for the prisoner's combined state sentences and has an active detainer commitment to serve a term of imprisonment in a foreign jurisdiction if:
- (A) The term of imprisonment in the foreign jurisdiction is greater than the period of imprisonment left to serve on the prisoner's combined state sentences;
- (B) The prisoner would otherwise be eligible for parole consideration; and
- (C) The prisoner is a good candidate for parole release upon application of any release decision-making guidelines in use by the board.
- (2) When a prisoner has a parole hearing, the department of correction must provide information to the board regarding filed active detainer commitments in which the prisoner is to serve a term of imprisonment.
- (3) If parole release is granted to a detainer in a foreign jurisdiction, then the entity having custodial authority over the prisoner must file a notification request with the foreign jurisdiction for the remainder of any Tennessee sentence, prior to parole release.
- (1) The board shall consider granting parole to a prisoner who has reached the release eligibility date for the prisoner's combined state sentences and has an active detainer commitment to serve a term of imprisonment in a foreign jurisdiction if:
Amended by 2021 Tenn. Acts, ch. 410, s 10, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 353, s 1, eff. 7/1/2021.
Acts 1913, ch. 8, § 3; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7202a6; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 11771; impl. am. Acts 1937, ch. 276, §§ 1, 3; C. Supp. 1950, § 11771; Acts 1957, ch. 353, § 1; 1961, ch. 93, § 10; 1965, ch. 273, §§ 1, 2; impl. am. Acts 1972, ch. 636, § 1; Acts 1973, ch. 370, §§ 1, 2; 1974, ch. 624, § 4; modified; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 359, § 18; 1979, ch. 386, § 3; T.C.A. (orig. ed.), § 40-3613; Acts 1985 (1st Ex. Sess.), ch. 5, § 26; 1989, ch. 227, § 30; 1989, ch. 591, § 8; 1992, ch. 991, § 17; 1998, ch. 1049, § 24; 2012 , ch. 727, § 24.
Notes of Decisions
Cited in 33
cases, 1983–2020 · leading case: McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. Ct. App. 1994).
McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. Ct. App. 1994). “Finally, the certification requirements contained in the 1989 amendments to Tenn.Code Ann. §§ 40-28-116 and 40-28-117 [Act of April 24, 1989, ch.”
State v. Campbell, 904 S.W.2d 608 (Tenn. Crim. App. 1995). “The appellant also moved the trial court to include the provisions contained in Tenn. Code Ann. § 40-28-116 (a)(2) in its charge to the jury.”
State v. Turner, 297 S.W.3d 155 (Tenn. 2009). “[12] It is uncontroverted that Defendant agreed in writing to the warrantless search provision. Moreover, Officer Palmer and Defendant both verified this condition of Defendant's parole with her parole officer *168 immediately prior to the search of her residence.”
Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). “Tenn.Code Ann. §§ 40-28-116(a)(1), -118 (2006), 40-35-503(a); see also Shorts, 278 S.”
Kaylor v. Bradley, 912 S.W.2d 728 (Tenn. Ct. App. 1995). “Parole was “a privilege and not a right” according to the parole statutes in existence when Mr.”
Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478 (Tenn. 1997). “In a related claim, Arnold contends that Tenn. Code Ann. § 40-28-116 (a)(2) entitles him to a psychological evaluation.”
Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). “Tenn.Code Ann. § 40-28-116(a)(l) establishes the right of the Board of Paroles over prisoner release: “The board has the power to cause to be released on parole any person who has been declared eligible *434 for parole consideration by the board.”
William Chandler v. Otie Jones & Attorney Gen. of the State of Tennessee, 813 F.2d 773 (6th Cir. 1987). “" However, Tenn.Code Ann. § 40-28-116(b)(1) expressly provides that any person convicted and sentenced as an habitual criminal under § 39-1-806 may become eligible for parole upon serving not less than 30 years of the life sentence.”
State v. Moore, 751 S.W.2d 464 (Tenn. Crim. App. 1988). “T.C.A. § 40-28-116(b)(l). It is not error for a trial judge to refuse to give an inaccurate special request.”
State v. Freeman, 669 S.W.2d 688 (Tenn. Crim. App. 1983). “Also, as above discussed, three of the four Tennessee convictions must be of a specified character while they need not be in Texas. We do not find that the parole provisions of the Tennessee statute must be the same as that of Texas to meet Eighth Amendment standards; especially…”
State v. Randolph, 692 S.W.2d 37 (Tenn. Crim. App. 1985). “T.C.A. § 40-28-116(b)(l) provides that a person convicted of being an habitual offender may be eligible for parole after serving thirty years.”
State v. Hall, 667 S.W.2d 507 (Tenn. Crim. App. 1983). “Also, as above discussed, three of the four Tennessee convictions must be of a specified character while they need not be in Texas.”
— Tenn. Code Ann. § 40-28-116(a) — 2 cases
McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. Ct. App. 1994). “Finally, the certification requirements contained in the 1989 amendments to Tenn.Code Ann. §§ 40-28-116 and 40-28-117 [Act of April 24, 1989, ch.”
Rudolph Powers v. Tennessee Bd. of Prob. & Paroles (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 40-28-116(a)(1) — 2 cases
Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). “Tenn.Code Ann. §§ 40-28-116(a)(1), -118 (2006), 40-35-503(a); see also Shorts, 278 S.”
William W. York v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 40-28-116(a)(2) — 3 cases
McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. Ct. App. 1994). “Finally, the certification requirements contained in the 1989 amendments to Tenn.Code Ann. §§ 40-28-116 and 40-28-117 [Act of April 24, 1989, ch.”
State v. Campbell, 904 S.W.2d 608 (Tenn. Crim. App. 1995). “The appellant also moved the trial court to include the provisions contained in Tenn. Code Ann. § 40-28-116 (a)(2) in its charge to the jury.”
Rudolph Powers v. Tennessee Bd. of Prob. & Paroles (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 40-28-116(a)(l) — 1 case
Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). “Tenn.Code Ann. § 40-28-116(a)(l) establishes the right of the Board of Paroles over prisoner release: “The board has the power to cause to be released on parole any person who has been declared eligible *434 for parole consideration by the board.”
— Tenn. Code Ann. § 40-28-116(b) — 2 cases
State v. Turner, 297 S.W.3d 155 (Tenn. 2009). “[12] It is uncontroverted that Defendant agreed in writing to the warrantless search provision. Moreover, Officer Palmer and Defendant both verified this condition of Defendant's parole with her parole officer *168 immediately prior to the search of her residence.”
United States v. John Brown (6th Cir. 2020).
— Tenn. Code Ann. § 40-28-116(b)(1) — 3 cases
William Chandler v. Otie Jones & Attorney Gen. of the State of Tennessee, 813 F.2d 773 (6th Cir. 1987). “" However, Tenn.Code Ann. § 40-28-116(b)(1) expressly provides that any person convicted and sentenced as an habitual criminal under § 39-1-806 may become eligible for parole upon serving not less than 30 years of the life sentence.”
State v. Hall, 667 S.W.2d 507 (Tenn. Crim. App. 1983). “Also, as above discussed, three of the four Tennessee convictions must be of a specified character while they need not be in Texas.”
State v. Sanders, 691 S.W.2d 566 (Tenn. Crim. App. 1984).
— Tenn. Code Ann. § 40-28-116(b)(2) — 1 case
Slagle v. Reynolds, 845 S.W.2d 167 (Tenn. 1992).
— Tenn. Code Ann. § 40-28-116(b)(l) — 4 cases
State v. Moore, 751 S.W.2d 464 (Tenn. Crim. App. 1988). “T.C.A. § 40-28-116(b)(l). It is not error for a trial judge to refuse to give an inaccurate special request.”
State v. Freeman, 669 S.W.2d 688 (Tenn. Crim. App. 1983). “Also, as above discussed, three of the four Tennessee convictions must be of a specified character while they need not be in Texas. We do not find that the parole provisions of the Tennessee statute must be the same as that of Texas to meet Eighth Amendment standards; especially…”
State v. Randolph, 692 S.W.2d 37 (Tenn. Crim. App. 1985). “T.C.A. § 40-28-116(b)(l) provides that a person convicted of being an habitual offender may be eligible for parole after serving thirty years.”
State v. Busler, 704 S.W.2d 308 (Tenn. 1986).
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