Legal Question in Criminal Law in Tennessee
My husband violated his parole in Dec of 2013 with a misdemeanor drug charge and he took a plea deal for 4 years. He went up for a hearing on July 2014 and of course he parole was revoked. He has been eligible for another hearing since August 2015 but they have yet to take him back. Is there a time limit before he can go back up for Parole. Any information you can give will be helpful
1 Answer from Attorneys
1 - If he took "a plea deal for four years" on the new offense, then the new offense was not a misdemeanor. It was a felony.
2 - Any sentence for a felony is -- by law -- consecutive to the sentence that was being served at the time the parolee committed the new offense.* So the four years for the new conviction were added on to his existing sentence, whatever that was.
3 - When parole was revoked, there was a "time setting hearing" at which the parole hearing officer would recommend to the Parole Board:
- How much, if any, of the time spent on parole by the parolee would be credited to him as service of his sentence,
(or removed from the service of his sentence and declared "delinquent time").
- The new Release Eligibility Date (that is, when -- and if -- he would be eligible for a second chance at parole).
The maximum period of time that can pass between parole hearings is six years.
All of this is made very clear to the inmate and is recited in the revocation order and his TOMIS offender letter.
*And any sentence for a misdemeanor must -- by law -- be consecutive to the parole sentence, if parole is violated.
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