Tenn. Comp. R. & Regs. 1100-01-01-.12 - RESCISSION OF PAROLE
(1) Pre-parole
Rescission.
(a) If an inmate has been granted
parole or is currently serving a short term revocation pursuant to
1100-01-01-.14(6)(m) and has subsequently been charged with institutional
misconduct, escape, or has been served with a warrant or received a new felony
sentence or had the certification of parole eligibility withdrawn by the
Department of Correction or has other changes in circumstances sufficient to
become a matter of record, the Board shall be promptly notified and advised of
such new circumstances.
(b) No
inmate about whom notification has been made pursuant to subparagraph (a) of
this subsection shall be released on parole until such time as the institution
has been properly informed that no change has been made in the Board's order to
parole.
(c) Upon receiving
notification as required by subparagraph (a) of this subsection, the Board may
schedule a parole rescission hearing or notify the institution that the grant
of parole remains.
(2)
The Pre-parole Rescission Procedure.
(a) The
rescission hearing may be scheduled, if possible, for the next docket of parole
hearings at the institution where the inmate is being held.
(b) The inmate shall be given adequate notice
of the reason(s) such rescission hearing is being conducted. Such notice shall
be given at least three (3) days prior to the scheduled date of the rescission
hearing. The reason(s) for the rescission hearing shall be stated in the
notice, with the exception of information that is considered confidential by
the Board.
(c) A rescission hearing
may be held in order to determine if the inmate's misconduct or other change in
circumstances is sufficient to warrant rescission of such inmate's parole grant
or short term revocation.
(d) The
inmate may appear at his or her rescission hearing and may present documentary
evidence and witnesses in his or her behalf at the rescission
hearing.
(e) The inmate's presence
is not necessary at the rescission hearing if:
1. The institutional misconduct has been
established by the institution's disciplinary committee by a finding that the
inmate has violated the rules of his or her confinement; or
2. If the misconduct has resulted in a
conviction in a court of law.
(f) The Board may delay the parole grant or
revocation for up to one hundred and twenty (120) days if, in its opinion, it
has insufficient information before it to reach an informed and fair decision
at the rescission hearing. Awaiting the disposition of institution discipline
committees, new charges or indictments, or investigating new detainers shall
also be sufficient grounds to continue a rescission hearing under this
subparagraph.
(g) If the result of
the process is that the inmate's grant of parole or short term revocation is
rescinded, he or she shall be given written notice evidencing the reasons for
the rescission.
(h) A grant of
parole or short term revocation shall not be rescinded except upon the
concurrence of two (2) Board Members.
(3) Post-parole Grant Rescission Procedure.
(a) If, after a parole has become effective
and the inmate is released on parole, evidence comes to the attention of the
Board that significant information was fraudulently given or withheld by the
inmate, or on behalf of the inmate, or that the inmate violated the law while
on any furlough or other release program prior to being released on parole and
such information was not known by the Board, or that the parolee has been
arrested, indicted or convicted for an offense that was committed prior to
parole, or that the parolee has an unexpired prison term of which the Board was
unaware at the time of the hearing, or that a calculation of the parolee's
sentence structure would render him or her ineligible for parole, the Director
may issue a warrant for the retaking of such parolee.
(b) A grant of parole shall not be rescinded
except upon the concurrence of two (2) Board Members.
(c) Upon the execution of the warrant, the
offender shall be notified of the reasons for the post-parole grant rescission
hearing. The provisions of rule 1100-01-01-.14 with regard to notice and
hearings procedures shall be followed.
(d) At such rescission hearing, the Board may
declare that the grant of parole is void and the inmate shall thereupon resume
his or her sentence in custody, or the Board may declare that grant of parole
void, but decide to re-parole on both the old and new cases if eligibility has
been certified by the Department of Correction, or the Board may decide to
leave the subject on parole.
(4) Appeal Procedure.
(a) An inmate whose parole or short term
revocation has been rescinded may request an appellate review by the Board.
Such review shall be in accordance with the procedure outlined in rule
1100-01-01-.08(4).
Notes
Authority: T.C.A. ยงยง 40-28-104 and 40-28-105.
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