Tennessee Code Annotated
Tenn. Code Ann. § 41-1-505 (2026)
Selection and release of inmates by board - Powers of board
✓ current as of May 2026
- (a) Upon receipt of the written directive transmitted by the governor pursuant to § 41-1-504(a)(1) and any restrictions that may be imposed by the governor, the board shall promptly select and release on supervised parole a sufficient number of inmates to comply with the directive of the governor. Upon the board's release of the inmates and the attainment of ninety percent (90%) of the relevant designated capacity, the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions pursuant to this subsection (a). It is the responsibility of the commissioner to announce the attainment of ninety percent (90%) of the relevant designated capacity to the board and the governor as soon as it occurs.
- (b) When acting pursuant to §§ 41-1-503 - 41-1-508, the board is empowered to:
- (1) Establish criteria by which prisoners shall be considered and selected for release;
- (2) Impose conditions or limitations upon the parole as it deems necessary; and
- (3) Authorize individual board members or parole hearing officers to conduct hearings, take testimony and make written proposed findings of fact and recommendations regarding the granting or denial of parole. The recommendations shall be adopted, modified or rejected by the concurrence of three (3) board members.
Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1989, ch. 227, §§ 60, 61.
Notes of Decisions
Cited in 2
cases, 1995–2000 · leading case: Kaylor v. Bradley, 912 S.W.2d 728 (Tenn. Ct. App. 1995).
Kaylor v. Bradley, 912 S.W.2d 728 (Tenn. Ct. App. 1995). “Kaylor’s eligibility for consideration for early release under the governor’s original 1986 declaration has not lapsed pursuant to Tenn.Code Ann. § 41-1-505(a); and (4) that the governor’s January 1994 directive was not part of a new declaration issued in response to another…”
Rocky Lee Coker v. TN Dept. of Corr. (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 41-1-504 (b). Once the overcrowding emergency has been rectified, “the release eligibility dates of the inmates remaining within the department of correction shall revert automatically to the dates in existence prior to their reductions .”
— Tenn. Code Ann. § 41-1-505(a) — 1 case
Kaylor v. Bradley, 912 S.W.2d 728 (Tenn. Ct. App. 1995). “Kaylor’s eligibility for consideration for early release under the governor’s original 1986 declaration has not lapsed pursuant to Tenn.Code Ann. § 41-1-505(a); and (4) that the governor’s January 1994 directive was not part of a new declaration issued in response to another…”
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