Tennessee Code Annotated
Tenn. Code Ann. § 40-28-129 (2026)
Calculation of sentence expiration date and earliest release date
✓ current as of May 2026
Notwithstanding any other law to the contrary, the department of correction shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the department of correction and any felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years.
Acts 1985 (1st Ex. Sess.), ch. 5, § 38; 1998, ch. 1049, § 24; 1999, ch. 516, § 5.
Notes of Decisions
Cited in 10
cases, 1997–2017 · 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). “”); see also Tenn.Code Ann. § 40-28-129 (2006) ("Notwithstanding any other provision of the law to the contrary, the department of correction shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the…”
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “10 Tenn.Code Ann. § 40-28-129. Thus, although the TBPP is responsible for making the decision of whether or not to grant parole to an eligible inmate, it is the TDOC that is responsible for determining whether a parole-eligible defendant has reached that point of time at which…”
Joseph Brennan v. Bd. of Parole For The State of Tennessee, 512 S.W.3d 871 (Tenn. 2017). “§ 40-28-129 (providing that the Department of Correction “shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the [Department of [Cjorrection and any felony offender sentenced to confinement in a…”
State of Tennessee v. Jackie Phillip Lester (Tenn. Crim. App. 2017). “§ 40-35-501(r);3 see also T.C.A. § 40-28-129 (stating TDOC “shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the department of correction and any felony offender sentenced to confinement in a…”
Larry A. Pullum v. State of Tennessee (Tenn. Crim. App. 2017). “See T.C.A. §§ 40-28-129 (2012), 40-35-501(r) (2014); Stewart v.”
State of Tennessee v. Alvin Donnell Davis (Tenn. Crim. App. 2013). “In spite of the fact that the trial court lacked the authority to order execution of the sentence in Count 3 independently of the sentence in Count 2, Tennessee Code Annotated section 40-28-129 confers on the DOC the statutory responsibility of “calculating the sentence…”
Marshall Moffett v. Dept. of Corr. (Tenn. Ct. App. 2002). “T.C.A. § 40-28-129. In the present case, TDOC simply corrected Petitioner’s sentence calculation to [sic] reflect the time he did not serve.”
Eddie Phifer v. Bd. of Parole (Tenn. Ct. App. 2001). “Phifer does not advance any further concerns with the award of those credits. Because he has apparently received from the Department the relief he requested from the courts, this issue is moot.”
Jerel Hughes v. Dept. of Corr. (Tenn. Ct. App. 1997). “” Tenn. Code Ann. § 40-28-129 . Such an action must be brought pursuant to Tenn.”
Clarence Washington v. Dept of Corr. (Tenn. Ct. App. 1997). “While the Board has the ultimate responsibility for determining whether a particular prisoner should be released on parole, Tenn. Code Ann. § 40-28-116 (a)(1) (2003), the Department, as the custodian of the prisoner’s records,10 has the statutory responsibility for calculating…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.