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Sentencing
Determinacy Type1: Indeterminate
Determinacy:

Direct access links to the Tennessee Code Annotated are unavailable, please see reference site http://www.lexisnexis.com/hottopics/tncode/ to select codes.

By statute, Judges are required to impose sentences and to determine the classification of the offender. Tennessee Code Annotated 40-35-101 describes the various classifications (or ranges) of offenders: including Especially Mitigated; Standard; Multiple; Persistent; and Career Offender. Based on that classification, the law mandates that a certain percentage of the sentence must be served before the offender is eligible for parole. The Tennessee Department of Correction calculates the percentage and determines the Release Eligibility Date.2

Time Served Requirements:

Tenn. Code Ann. § 40-35-111. Authorized terms of imprisonment and fines for felonies and misdemeanors.3

(for full language, see footnoted reference)

  • A sentence for a felony is a determinate sentence. The authorized terms of imprisonment and fines for felonies are:
    • Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute;
    • Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute;
    • Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute;
    • Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute; and
    • Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.
  • A sentence for a misdemeanor is a determinate sentence. The authorized terms of imprisonment and fines for misdemeanors are:
    • Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute;
    • Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute; and
    • Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.

 


PAROLE ELIGIBILITY:

Tenn. Code Ann. § 40-35-501. Release eligibility status -- Calculations.4

(for full language, see footnoted reference)

  • A felony sentence to the department of correction or to a local jail or workhouse shall be served according to this chapter. An inmate shall not be eligible for parole until reaching the inmate's release eligibility date; provided, that nothing in this section shall be construed as prohibiting the offender, in the discretion of the commissioner or sheriff, from participating in work crews that are under direct guard supervision.
  • Except for inmates who receive sentences of imprisonment for life without possibility of parole, only inmates with felony sentences of more than two (2) years or consecutive felony sentences equaling a term greater than two (2) years shall be eligible for parole consideration.
  • Notwithstanding any other provision of law, inmates with felony sentences of two (2) years or less shall have the remainder of their original sentence suspended upon reaching their release eligibility date. The release shall not occur for sentences of two (2) years or less when the sentences are part of a consecutive sentence whose term is greater than two (2) years. The board of probation and parole shall notify the district attorney general and the appropriate sheriff, jail administrator, workhouse superintendent or warden of the release eligibility date of all felons with sentences of two (2) years or less in the institution.
  • Release eligibility for each defendant sentenced as an especially mitigated offender shall occur after service of either twenty percent (20%) or thirty percent (30%) of the actual sentence imposed, less sentence credits earned and retained by the defendant. The percentage of service shall be stated on the judgment order. If the order is silent, release eligibility shall occur after service of twenty percent (20%) of the actual sentence imposed.
  • Release eligibility for each defendant sentenced as a Range I standard offender shall occur after service of thirty percent (30%) of the actual sentence imposed less sentence credits earned and retained by the defendant.
  • Release eligibility for each defendant sentenced as a Range II multiple offender shall occur after service of thirty-five percent (35%) of the actual sentence imposed less sentence credits earned and retained by the defendant.
  • Release eligibility for each defendant sentenced as a Range III persistent offender shall occur after service of forty-five percent (45%) of the actual sentence imposed less sentence credits earned and retained by the defendant.
  • Release eligibility for each defendant sentenced as a career offender shall occur after service of sixty percent (60%) of the actual sentence imposed less sentence credits earned and retained by the defendant.
  • There shall be no release eligibility for a defendant receiving a sentence of imprisonment for life without parole as a repeat violent offender.
  • Release eligibility for each defendant receiving a sentence of imprisonment for life for first degree murder shall occur after service of sixty percent (60%) of sixty (60) years less sentence credits earned and retained by the defendant, but in no event shall a defendant sentenced to imprisonment for life be eligible for parole until the defendant has served a minimum of twenty-five (25) full calendar years of the sentence, notwithstanding the governor's power to reduce prison overcrowding pursuant to title 41, chapter 1, part 5, any sentence reduction credits authorized by § 41-21-236 or any other provision of law relating to sentence credits. A defendant receiving a sentence of imprisonment for life for first degree murder shall be entitled to earn and retain sentence credits, but the credits shall not operate to make the defendant eligible for release prior to the service of twenty-five (25) full calendar years.
  • There shall be no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for first degree murder.
  • There shall be no release eligibility for a person committing an offense, on or after July 1, 1995, that is enumerated in subdivision (i)(2) (below). The person shall serve one hundred percent (100%) of the sentence imposed by the court less sentence credits earned and retained. However, no sentence reduction credits authorized by § 41-21-236 or any other provision of law, shall operate to reduce the sentence imposed by the court by more than fifteen percent (15%). The offenses to which subdivision (i)(1) applies are:
    • Murder in the first degree;
    • Murder in the second degree;
    • Especially aggravated kidnapping;
    • Aggravated kidnapping;
    • Especially aggravated robbery;
    • Aggravated rape;
    • Rape;
    • Aggravated sexual battery;
    • Rape of a child;
    • Aggravated arson;
    • Aggravated child abuse;
    • Aggravated rape of a child;
    • Sexual exploitation of a minor involving more than one hundred (100) images;
    • Aggravated sexual exploitation of a minor involving more than twenty-five (25) images; 
    • Especially aggravated sexual exploitation of a minor.
  • Nothing in this subsection (i) shall be construed as affecting, amending or altering § 39-13-523, which requires child sexual predators, child rapists and multiple rapists to serve the entire sentence imposed by the court undiminished by any sentence reduction credits.
  • There shall be no release eligibility for a person committing a violation of § 39-17-1324(a) or (b) on or after January 1, 2008, until the person has served one hundred percent (100%) of the minimum mandatory sentence established in § 39-17-1324(a) or (b) and imposed by the court less sentence credits earned and retained; however, no sentence reduction credits authorized by § 41-21-236 or any other law shall operate to reduce the mandatory minimum sentence imposed by the court by more than fifteen percent (15%).
  • There shall be no release eligibility for a person committing aggravated robbery, as defined in § 39-13-402(a)(1), on or after July 1, 2010, until the person has served eighty-five percent (85%) of the sentence imposed by the court less sentence credits earned and retained. However, no sentence reduction credits authorized by § 41-21-236, or any other provision of law, shall operate to reduce below seventy percent (70%) the percentage of sentence imposed by the court such person must serve before becoming release eligible.
    • There shall be no release eligibility for a person committing aggravated robbery, as defined in § 39-13-402, on or after January 1, 2008, if the person has at least one (1) prior conviction for aggravated robbery, as defined in § 39-13-402, or especially aggravated robbery, as defined in § 39-13-403. The person shall serve one hundred percent (100%) of the sentence imposed by the court less sentence credits earned and retained; however, no sentence reduction credits authorized by § 41-21-236 or any other provision of law shall operate to reduce the sentence imposed by the court by more than fifteen percent (15%).
  • The release eligibility date provided for in this section is separately calculated for each offense for which a defendant is convicted. For consecutive sentences, the periods of ineligibility for release are calculated for each sentence and are added together to determine the release eligibility date for the consecutive sentences.
  • The release eligibility date provided for in this section is the earliest date an inmate convicted of a felony is eligible for parole. The date is conditioned on the inmate's good behavior while in prison. For a violation of any of the rules of the department of correction or institution in which the inmate is incarcerated or while on any release program other than parole, the commissioner or the commissioner's designees may defer the release eligibility date so as to increase the total amount of time an inmate must serve before becoming eligible for parole. This increase may, in the discretion of the commissioner, be in any amount of time not to exceed the full sentence originally imposed by the court and shall be imposed pursuant to regulations promulgated by the commissioner that give notice of the length of discretionary increases that may be imposed for a violation of each of the rules of the department or institution.
  • The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as close custody. The decertification shall continue for the duration of the classification and for a period of one (1) year thereafter.
  • The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as maximum custody. The decertification shall continue for the duration of the classification and for a period of two (2) years thereafter.
  • Extensions in the release eligibility date provided for in this section and in other sections of this chapter shall only be imposed following a hearing conducted in accordance with due process of law.
  • Notwithstanding any other provision of this chapter relating to release eligibility and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the department of correction is authorized to grant a prisoner parole as specified in a sentence agreement entered into by the prisoner and the department. In granting the parole, the department may impose any conditions and limitations that the department deems necessary.
  • Notwithstanding any other provision of the law to the contrary, the department is responsible for calculating the sentence expiration date and the release eligibility date of any felony offender sentenced to the department and any felony offender sentenced to confinement in a local jail or workhouse for one (1) or more years.
Standard Good Time:

Tenn. Code Ann. § 41-21-236. Sentence reduction credits.5

(for full text see reference footnote link)

  • Those persons committed to the custody of the department of correction shall be assigned to work, educational and/or vocational training programs when positions in those programs are available.
  • Each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program may be awarded time credits toward the sentence imposed, varying between one (1) day and sixteen (16) days for each month served, with not more than eight (8) days for each month served for good institutional behavior and not more than eight (8) days for each month served for satisfactory program performance in accordance with the criteria established by the department.
Earned Time:

Tenn. Code Ann. § 41-21-236. Sentence reduction credits.6

(for full text see reference footnote link)

  • In addition to the time program performance credit awarded pursuant to subdivision (a)(2)(A), the department shall provide an educational good time credit of sixty (60) days to any qualifying prisoner who successfully receives a graduate equivalency diploma (GED) or a high school diploma, a two-year or four-year college degree, or a two-year or four-year certification in applied sciences, or who receives a vocational education diploma as provided and defined by the department. No credit shall be given for any diploma, degree or certification unless the particular course of study, including the institution or entity through which it is offered, has received the prior approval of the department. A qualifying prisoner may receive no more than one (1) credit of sixty (60) days, regardless of the number of programs completed.
    • The provisions of this subdivision (a)(2)(B) permitting an additional sixty (60) days of educational credit for obtaining a diploma shall not apply to any prisoner convicted of an offense that requires service of at least eighty-five percent (85%) of the sentence under § 40-35-501(i) or one hundred percent (100%) of the sentence under § 39-13-523.
    • The sixty (60) days of educational good time credit authorized by subdivision (a)(2)(B) shall also apply to any inmate who successfully received one (1) of the degrees specified in subdivision (a)(2)(B) prior to July 1, 2006, as well as those receiving degrees after July 1, 2006.
    • No inmate shall have the right to any such time credits, nor shall any inmate have the right to participate in any particular program, and may be transferred from one (1) assignment to another without cause. The provisions of this section shall also apply to any inmate sentenced to the department of correction who is being held on a contract basis by a private correctional corporation.
Other Good Time/Notes:
  • Sentence credits shall not be earned or credited automatically, but rather shall be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both.
  • Sentence credits may not be awarded toward a period of less than one (1) calendar month or for any month in which an inmate commits a Class A disciplinary offense of which the inmate is found guilty. No sentence credits for good institutional behavior may be awarded for any month in which an inmate commits any disciplinary offense of which the inmate is found guilty.
  • An inmate may be deprived of those sentence credits previously awarded pursuant to this section only for the commission of any major infraction designated by the department as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment.
  • The refusal of an inmate to participate in any assigned work, educational or vocational training program shall constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded.
  • Sentence credits shall not be earned or credited to any inmates classified as maximum security or being held in punitive segregation.
  • The allowances that can be awarded pursuant to this section shall be referred to as inmate sentence reduction credits and shall affect release eligibility and sentence expiration dates in the same manner as time credits affected parole eligibility and sentence expiration dates prior to September 1, 1980.
  • Sentence reduction credits for good institutional behavior as authorized by this section shall also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence. The total credit to which a convicted felon may be entitled shall be calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served.
    • [These sentence reduction credits] shall be awarded at the rate of eight (8) days for each month served prior to imposition of sentence unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded to a particular felon, the superintendent or jailer shall provide written documentation to the department stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed in accordance with this subdivision (e)(2), the department shall adjust the number of sentence reduction credits awarded to conform to the number recommended in the superintendent's or jailer's written objection.
    • Notwithstanding the fact that in the absence of an objection from the superintendent or jailer the sentence reduction credits authorized by this subsection (e) are awarded automatically, no convicted felon shall have a right to the credits nor shall the felon have a right to appeal the superintendent's or jailer's determination concerning the number of sentence reduction credits a particular felon should be awarded as set out in the superintendent's or jailer's written objection to the department.
  • Except as provided in subdivision (f)(2), an inmate serving a misdemeanor sentence in a county jail, workhouse or other local facility who exhibits good institutional behavior or who exhibits satisfactory performance within a program shall be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as is provided in this section for inmates serving felony sentences.
    • If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this section for felons, the inmate may elect to receive the sentence credits either under the system provided in this section for felons or under the system in effect at the local facility.
    • In no event may an inmate receive credits cumulatively under both systems or receive credits at a rate that is less than that provided by this section for felons.
    • In imposing a misdemeanor sentence, the court shall fix a percentage of the sentence that an inmate shall serve before release from confinement. After service of that percentage and allowance for credits authorized in this section, the defendant shall be released from confinement. The percentage shall be expressed as thirty percent (30%), forty percent (40%), fifty percent (50%), sixty percent (60%), seventy percent (70%), eighty percent (80%), ninety percent (90%) or one hundred percent (100%). In no event shall the application of sentence credits result in more than a twenty-five percent (25%) reduction in the inmate's release percentage.
  • Nothing in this section shall operate to reduce the minimum sentence of a person convicted of the offense of driving under the influence of an intoxicant as prohibited by §§ 55-10-401 -- 55-10-403.
  • Notwithstanding any other provision of law to the contrary, no sentence credits authorized by this section or any other provision of law, nor a sentence contract authorized by §§ 40-28-115, 40-28-116, 40-34-103 and 40-35-501 or any other provision of law, shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by any sentence credits, by more than thirty-five percent (35%). For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).                  
Habitual Offender Law Types:
Two Strikes, Three Strikes, More Than Three Strikes
Habitual Offender Laws:

Tenn. Code Ann. § 40-35-107.  Persistent offender.7

(for full language, see footnoted reference)

  • A persistent offender is a defendant who has received:
    • Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or
    • At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony.
  • A defendant who is found by the court beyond a reasonable doubt to be a persistent offender shall receive a sentence within Range III.

                     

Tenn. Code Ann. 40-35-108.  Career offender.8

(for full language, see footnoted reference)

  • A career offender is a defendant who has received:
    • Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony;
    • At least three (3) Class A or any combination of four (4) Class A or Class B felony convictions if the defendant's conviction offense is a Class A or B felony; or
    • At least six (6) prior felony convictions of any classification if the defendant's conviction offense is a Class D or E felony.
  • A defendant who is found by the court beyond a reasonable doubt to be a career offender shall receive the maximum sentence within the applicable Range III.

 


Tenn. Code Ann. § 40-35-120.  Repeat violent offenders -- Three strikes.9

(for full language, see footnoted reference)

  • A "repeat violent offender" is a defendant who:
    • Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and
    • Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or
    • Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (c)(1) as a violent offense; and
    • Has at least one (1) conviction for an offense classified in subdivision (c)(1) or (c)(2) as a violent offense; or
    • Is convicted in this state on or after July 1, 1995, of any offense classified in subdivision (d)(1) as a violent offense; and
    • Has at least one (1) prior conviction for an offense classified in subdivision (d)(1) or (d)(2) as a violent offense with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a).
  • The court shall sentence a defendant who has been convicted of any offense listed in subdivision (b)(1), (c)(1) or (d)(1) to imprisonment for life without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender as defined in subsection (a).
General Jail Cutoff (months):
12
Sentences To Prison:
Sentences to jail are for less than a year, sentences to prison are for a year or more (see exceptions under “Notable Sentencing Laws/Structures.”
Notable Sentencing Laws:
  • Youth who are adjudicated delinquent after breaking the law are placed with the Juvenile Justice division at the Tennessee Department of Children's Services.10
    • The Department of Children's Services functions independently of the Department of Correction.

DETERMINATE RELEASE

  • Determinate Release is a release to probation granted by statute T.C.A. 40-35-50 that applies to all felons sentenced to two years and under.11 
    • The determination of eligibility for such probation is based solely upon the length of sentence as imposed by the sentencing court.
    • When offenders sentenced to serve two years or less to the Tennessee Department of Corrections (TDOC) meet the sentencing range or Release Eligibility Date established by a judge, the TDOC certifies the offenders’ eligibility to go out on Determinate Release Probation unless there are grounds for denying release (for statute regarding objecting to release see T.C.A. 40-35-503). 

SENTENCING ALTERNATIVES

Tenn. Code Ann. § 40-35-104. Sentencing alternatives.12

  • A defendant convicted of a felony or a misdemeanor in this state shall be sentenced in accordance with this chapter.
  • A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to a total sentence of at least one (1) year but not more than three (3) years, shall not be sentenced to serve the sentence in the department of correction, if the legislative body for the county from which the defendant is being sentenced has either contracted with the department, or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department.
  • A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to at least one (1) year but not more than six (6) years, shall not be sentenced to serve the sentence in the department of correction if the defendant is being sentenced from a county with a population of not less than four hundred seventy-seven thousand eight hundred eleven (477,811), according to the 1980 federal census or any subsequent federal census, and the legislative body for the county has contracted with the department or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department.
  • The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter:
    • Payment of a fine either alone or in addition to any other sentence authorized by this subsection (c);
    • Payment of restitution to the victim or victims either alone or in addition to any other sentence authorized by this subsection (c);
    • A sentence of confinement that is suspended upon a term of probation supervision that may include community service or restitution, or both;
    • A sentence of periodic confinement that may be served in a local jail or workhouse in conjunction with a term of probation;
    • A sentence of continuous confinement to be served in a local jail or workhouse in conjunction with a term of probation;
    • A sentence of continuous confinement in a local jail or workhouse;
    • Work release in accordance with § 40-35-315;
    • A sentence of continuous confinement in the department of correction if the conviction is for a felony and the sentence is at least one (1) year, unless:
      • The sentence is prohibited by subsection (b); or
      • The defendant is convicted of a violation of § 39-14-103, involving property valued at less than one thousand dollars ($1,000), and the defendant is sentenced as an especially mitigated offender as defined in § 40-35-109 or a standard offender as defined in § 40-35-105; or
    • A sentence to a community based alternative to incarceration in accordance with the provisions, including eligibility requirements, of chapter 36 of this title.
  • This chapter does not deprive a court of any authority conferred by law, including, but not limited to, § 40-35-313, to decree a forfeiture of property, suspend or cancel a license, remove a person from office or impose costs and other monetary obligations if specifically authorized by law.
  • This chapter does not prevent a court from imposing a sentence of death specifically authorized by law.

Correctional System
System Structure Type:
Separate
Prison Jurisdiction:
The Tennessee Department of Correction (TDOC) exists for the purpose of safeguarding the public by providing supervision of convicted felons during their period of commitment to its jurisdiction.13
Type of Facilities:

There are 14 prisons in the state system, four of which are managed privately.14

  • Female inmates are housed in two prisons, one in Nashville and the other in Memphis.
  • Male inmates are housed in the 12 other prisons located across the state.
  • Inmates in need of acute or continuing medical care are housed at the Lois M. DeBerry Special Needs Facility in Nashville.

Tennessee Department of Correction (TDOC) houses a small percentage of state prisoners in local jails while they await transfer to a TDOC institution (referred to as TDOC backup).15

Since offenders who are in backup could be released for a number of reasons before being transferred to TDOC, they will only be counted as backup when they are released.

Convicted felons can also be sentenced to serve their time in a local jail.  

  • As felony offenders, these persons are under TDOC jurisdiction.
Private Prisons:

The DOC holds offenders in four privately operated prisons

Hardeman County Correctional Center

South Central Correctional Center

Trousdale Turner Correctional Center

Whiteville Correctional Facility

Admission Types:

New Commitments16

Returned Escapees and Others

Parole, Probation, and Community Corrections Violators (includes both technical violations and returns for a new sentence)


Release Supervision
Post-Prison Supervision Jurisdiction:
State DOC, Independent Probation Agency
Supervision Jurisdiction:

Jurisdiction over probation belongs to the sentencing Court.17

  • The TDOC provides the supervision for both probationers and parolees.
  • In addition to state-run probation, Tennessee also has private probation companies.
  • Private probation is composed of privately owned and operated companies that contract with courts to supervise misdemeanor cases.  They are not affiliated with TDOC.
  • Legislation authorizes TDOC and Private Probation Council to set requirements for and certify private probation companies to supervise felony probation cases, but TDOC hasn’t done so to date.18

Jurisdiction over parole belongs to the Board of Parole. As of 2012, community supervision of adult offenders was transferred to the Field Services Division of the Department of Correction (TDOC).19 

  • TDOC is now responsible for the monitoring and supervision of offenders who are granted parole, and felony offenders who are placed on probation by criminal courts throughout the state.
Release Types:

RELEASE TYPES:20

  • Probation/Community Corrections
  • Parole
  • Expiration of Sentence
  • Death
  • Other

Community Corrections21:

Community Corrections is a court-imposed form of probation. The offender's prison sentence is suspended and community based supervision is provided by agencies who contract with the State. Offenders under community corrections supervision, unlike regular probation, receive credit, towards the expiration of the suspended sentence, for time served on the program. 

Supervision Types:

Probation/Community Corrections/Determinate Release

Parole22


1 http://jrx.sagepub.com/content/14/2/1.abstract
2https://law.justia.com/codes/tennessee/2010/title-40/chapter-35/part-1/40-35-101/
3http://www.lexisnexis.com/hottopics/tncode/
4http://www.lexisnexis.com/hottopics/tncode/
5http://www.lexisnexis.com/hottopics/tncode/
6http://www.lexisnexis.com/hottopics/tncode/
7http://www.lexisnexis.com/hottopics/tncode/
8http://www.lexisnexis.com/hottopics/tncode/
9http://www.lexisnexis.com/hottopics/tncode/
10https://www.tn.gov/dcs/program-areas/juvenile-justice.html
11https://law.justia.com/codes/tennessee/2010/title-40/chapter-35/part-3/40-35-314/
12http://www.lexisnexis.com/hottopics/tncode/
13https://www.tn.gov/correction.html
14https://www.prisonlegalnews.org/media/publications/tn_dept_correction_state_audit_sept_2012.pdf
15https://www.prisonlegalnews.org/media/publications/tn_dept_correction_state_audit_sept_2012.pdf
16http://www.comptroller.tn.gov/Repository/RE/prisoners.pdf
17https://www.tn.gov/news/2010/9/13/board-of-probation-and-parole.html
18Per conversation with state
19https://www.tn.gov/correction/cs/field-office-directory.html
20https://www.tn.gov/correction/topic/tdoc-community-supervision-types-of-release
21https://www.tn.gov/correction/cs/types-of-release/community-corrections-program-directory.html
22https://www.tn.gov/bop.html

Disclaimer: The information on the Fact Sheets has been assembled verbatim from the public sources referenced in the Fact Sheets. For some states, the Department of Corrections or Community Supervision has also provided additional information. Because this type of information is constantly changing, users are cautioned to research and verify website information independently.

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