Tenn. Comp. R. & Regs. 1100-01-01-.07 - BOARD CRITERIA FOR GRANTING OR DENYING PAROLE
(1) Before
granting or denying parole, the Board may apply the following factors to each
eligible inmate to assist in determining whether such inmate will live and
remain at liberty without violating the law or the conditions of his or her
parole:
(a) The nature of the crime and its
severity;
(b) The inmate's previous
criminal record, if any;
(c) The
inmate's institutional record;
(d)
The views of the appropriate trial Judge and the District Attorney General, who
prosecuted the case;
(e) The
inmate's circumstances if returned to the community;
(f) Any mitigating or aggravating
circumstances surrounding the offense;
(g) The views of the community, victims of
the crime or their family, institutional staff, probation and parole officers,
or other interested parties;
(h)
The inmate's training, including vocational and educational
achievements;
(i) The inmate's
employment history, his or her occupational skills, including any military
experience, and the stability of his or her past employment;
(j) The inmate's past use of narcotics, or
past habitual and excessive use of alcohol;
(k) The inmate's behavior and attitude during
any previous experience on probation or parole and the recentness of such
experience;
(l) A validated risk
and needs assessment to adequately assess the risk an inmate poses to society
and his or her potential for parole success; and
(m) Any other factors required by law to be
considered or the Board determines to be relevant.
(2) In applying the above factors to a
particular inmate, the Board may consider the following sources of information:
(a) Reports prepared by institutional staff
relative to the inmate's social history and institutional record, including any
recommendations the institutional staff may wish to make;
(b) All relevant Department of Correction or
other prison, jail, or workhouse reports;
(c) Observations concerning the suitability
of releasing the inmate on parole from court officials, law enforcement
officials, and other interested community members;
(d) Reports or recommendations resulting from
any physical, psychological, or psychiatric examination or evaluation of the
inmate;
(e) Any relevant
information submitted by the inmate, his or her attorney, representatives on
his or her behalf, or other interested parties;
(f) The parole plan, which the inmate has
submitted; and
(g) Any other
relevant information concerning the inmate.
(3) The Board shall consider written or video
impact statements or other information submitted by the victim or the victim's
family.
(4) After applying the
various factors for consideration to the individual inmate, the Board shall
deny the inmate's release on parole if it determines that:
(a) There is a substantial indication that
the inmate will not conform to the conditions of his or her parole;
(b) Release from custody at this time would
depreciate the seriousness of the crime of which the person stands convicted or
promote disrespect for the law;
(c)
Release at this time would have a substantially adverse effect on institutional
discipline; or
(d) The person's
continued correctional treatment, medical care, or vocational or other training
in the institution, will substantially enhance the person's capacity to lead a
law-abiding life when given release at a later time.
(5) The Board may revise or modify its parole
criteria and factors for consideration, as it deems appropriate.
(6) No offender may be declined parole
release solely pursuant to 1100-01-01-.07(4)(b) unless serving a sentence for
First degree murder or an attempt to commit, solicitation of, or facilitation
of first degree murder; Second degree murder or an attempt to commit or
facilitation of second degree murder; Voluntary manslaughter; Aggravated
vehicular homicide; Vehicular homicide; Especially aggravated kidnapping or an
attempt to commit or facilitation of especially aggravated kidnapping;
Trafficking for a commercial sex act; A human trafficking offense; Advertising
commercial sexual abuse of a minor; Especially aggravated robbery or an attempt
to commit or facilitation of especially aggravated robbery; Aggravated rape of
a child or an attempt to commit or facilitation of aggravated rape of a child;
Aggravated rape or an attempt to commit or facilitation of aggravated rape;
Rape of a child or an attempt to commit or facilitation of rape of a child;
Rape; Aggravated sexual battery; Especially aggravated burglary; Aggravated
child abuse; Aggravated sexual exploitation of a minor; Especially aggravated
sexual exploitation of a minor; Aggravated vehicular assault; Aggravated abuse
of an elderly or vulnerable adult, or Vehicular assault.
Notes
Authority: T.C.A. ยงยง 40-28-104, 40-28-105, 40-28-106, 40-28-108, 40-28-114, 40-28-116, 40-28-118, 4028-504, and 40-35-503.
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