Tennessee Code Annotated

Tenn. Code Ann. § 40-28-118 (2026)

Determination as to paroles - Supervision of parolees

✓ current as of May 2026

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(a) Subject to other provisions of law, the board is charged with the duty of determining what prisoners serving a felony sentence of more than two (2) years or consecutive felony sentences equaling a term greater than two (2) years in state prisons, jails and county workhouses may be released on parole and when and under what conditions.

(b) When the director of probation and parole issues a warrant for the retaking of a parolee pursuant to § 40-28-607, the board is charged with determining whether violation of parole conditions exists in specific cases and of deciding the action to be taken in reference to the violation.

(c) It is also the duty of the members of the board to study the prisoners confined in the prisons, workhouses and jails when they are eligible for parole consideration so as to determine their ultimate fitness to be paroled.

Acts 1937, ch. 276, § 6; C. Supp. 1950, § 11818.6 (Williams, § 11843.6); Acts 1961, ch. 93, § 12; 1974, ch. 624, § 6; 1977, ch. 22, § 1; 1979, ch. 359, § 19; T.C.A. (orig. ed.), § 40-3615; Acts 1989, ch. 227, §§ 34-36; 1990, ch. 729, § 3; 1998, ch. 1049, §§ 23, 25; 2012 , ch. 727, § 25.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1997–2022 · leading case: Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010).

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Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). · cites it 4× “Tenn. Code Ann. § 40-28-118 (a) (2006). 6 A defendant’s RED “is conditioned on the inmate’s good behavior while in prison” and may be deferred by the TDOC for infractions of institutional rules.”

David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). · cites it 2× “Tenn.Code Ann. §§ 40-28-118(a) (2006), 40-35-503(a).”

Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). · cites it 2× “” Tenn.Code Ann. § 40-28-118(d). The grounds for parole are set out in TenmCode Ann.”

Rickey Cotten v. Bd. of Paroles (Tenn. Ct. App. 2001). · cites it 4× “” Tenn. Code Ann. § 40-28-118 (c). Revocation is initiated by the issuance of a warrant for “the retaking” of a parolee if the director of the Board determines that parole may have been violated in an important respect.”

La Southaphanh v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2022). · cites it 2× “See Tenn. Code Ann. § 40-28-118 (b); -122(a); Wilhite v.”

Ratliff v. Shelby Cnty., Tennessee (W.D. Tenn. 2021). · cites it 2× “Defendants further argue that the Tennessee Board of Parole has control over violation-of-parole prisoners according to Tenn. Code Ann. §§ 40-28-118 (b) and 40-28-121(a).”

David Cantrell v. Joe Easterling, Warden (Tenn. 2011). · cites it 2× “Tenn. Code Ann. §§ 40-28-118 (a) (2006), 40-35-503(a).”

Pamela Turner v. Tennessee Bd. of Prob. & Parole - Concurring (Tenn. Ct. App. 2010). · cites it 2× “See Tenn. Code Ann. § 40-28-118 (a); Tenn. Rules & Regs.”

William W. York v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2004). · cites it 2× “” Tenn.Code Ann. § 40-28-118(d). The grounds for parole are set out in Tenn.”

Tony Baldwin v. Bd. of Paroles (Tenn. Ct. App. 2003). · cites it 2× “” Tenn. Code Ann. § 40-28-118 (d). The grounds for parole are set out in Tenn.”

State of Tennessee v. William Albert Kelly (Tenn. Crim. App. 2013). · cites it 2× “See T.C.A. § 40-28-118(a) (2012). The Defendant is not entitled to relief.”

Jerel Hughes v. Dept. of Corr. (Tenn. Ct. App. 1997). · cites it 2× “The Board is vested with the duty and authority to decide “the action to be taken” if parole is violated, Tenn. Code Ann. § 40-28-118 (c), and after a parole revocation hearing: may, if it sees fit, require such prisoner to serve out in prison the balance of the maximum term for…”

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— Tenn. Code Ann. § 40-28-118(a) — 3 cases

David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). “Tenn.Code Ann. §§ 40-28-118(a) (2006), 40-35-503(a).”

Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “Tenn. Code Ann. § 40-28-118 (a) (2006). 6 A defendant’s RED “is conditioned on the inmate’s good behavior while in prison” and may be deferred by the TDOC for infractions of institutional rules.”

State of Tennessee v. William Albert Kelly (Tenn. Crim. App. 2013). “See T.C.A. § 40-28-118(a) (2012). The Defendant is not entitled to relief.”

— Tenn. Code Ann. § 40-28-118(a)(1990) — 1 case

Flowers v. Traughber (Tenn. Ct. App. 1997).

— Tenn. Code Ann. § 40-28-118(d) — 2 cases

Baldwin v. Tennessee Bd. of Paroles, 125 S.W.3d 429 (Tenn. Ct. App. 2003). “” Tenn.Code Ann. § 40-28-118(d). The grounds for parole are set out in TenmCode Ann.”

William W. York v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2004). “” Tenn.Code Ann. § 40-28-118(d). The grounds for parole are set out in Tenn.”

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