Tennessee Code Annotated
Tenn. Code Ann. § 41-1-504 (2024)
Governor's powers to reduce overcrowding
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding:
- (1) Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to enable the board to consider immediately and to release on supervised parole enough inmates to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity. The department of correction shall be responsible for calculating the new release eligibility date of any felony offender sentenced to confinement for one (1) or more years in the department or a county jail or workhouse;
- (2) Direct the commissioner, in writing, to notify all state judges and sheriffs that the commitment to the department of felons who have been on bail prior to their convictions shall be stayed or otherwise delayed until up to sixty (60) days after the in-house population of appropriate correctional facilities has been reduced to ninety percent (90%) of the relevant designated capacity either through normal release, contract sentencing, the power granted in subdivision (a)(1) or all of these methods.
- (b) The directive of the governor invoking the power granted pursuant to subdivision (a)(1) shall include the approximate number of inmates who must be released to reach ninety percent (90%) of the relevant designated capacity as well as any restrictions the governor may wish to impose regarding which inmates or types of inmates are not eligible for release and may not be considered by the board. There shall be no limits on the number or types of restrictions the governor may impose on early release eligibility as long as a sufficient number of inmates are eligible for consideration to reduce the in-house population of appropriate state correctional facilities to ninety percent (90%) of the relevant designated capacity.
- (c) Notwithstanding this section to the contrary, the governor does not have the authority to make inmates who have been convicted of a second or subsequent violation of § 39-13-502 or § 39-13-503 eligible for release under this part, nor shall the board have the authority to consider these inmates.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, § 59; 1991, ch. 204, § 2; 1993, ch. 209, § 1.
Notes of Decisions
Cited in 5
cases, 1996–2020 · leading case: Rocky Lee Coker v. TN Dept. of Corr., No. M1999-02268-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2000).
Rocky Lee Coker v. TN Dept. of Corr., No. M1999-02268-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2000). “Tenn. Code Ann. § 41-1-503 . The Governor has the power to reduce sentences of certain inmates upon the declaration of an overcrowding emergency, in order to reduce the prison population.”
Rayner v. Lee, No. 3:18-cv-01103, 2020 WL 58610 (M.D. Tenn. Jan. 6, 2020). “§§ 41-1-504 and -505) and provisions of the Tennessee Constitution (Article II, Sections 1 and 2, and Article III, Section 6).”
Joe Dyer v. Bd. of Paroles, No. M1999-00787-COA-R3-CV (Tenn. Ct. App. Apr. 27, 2000). “In 1993, Petitioner was granted an early parole hearing pursuant to Tennessee Code Annotated section 41-1-504. He was denied parole on the basis of the seriousness of his offenses - - two first degree murders and two grand larcenies.”
Clarence Washington v. Dept of Corr., No. M2002-02651-COA-R3-CV (Tenn. Ct. App. July 23, 1997). “§ 40 - 28-129 (2003) by excluding him from consideration for early release based on Governor Ned McWherter’s 1988 directive under Tenn. Code Ann. § 41-1-504 (2003).8 Both Mr.”
Gary Bernard Sanders v. Don Sundquist, No. 01A01-9608-CH-00363 (Tenn. Ct. App. Nov. 8, 1996). “Whether the retroactive application of the Governor’s Executive Directive pursuant to Tennessee Code Annotated Section 41-1-504, violate due process and the ex post facto prohibition.”
Tenn. Code Ann. § 41-1-504(b): 1 case
Rocky Lee Coker v. TN Dept. of Corr., No. M1999-02268-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2000). “Tenn. Code Ann. § 41-1-503 . The Governor has the power to reduce sentences of certain inmates upon the declaration of an overcrowding emergency, in order to reduce the prison population.”
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