Legal Question in Criminal Law in Tennessee

The process you are referring to is called "Rescission of Parole."

It is governed by regulations promulgated by the Tennessee Board of Parole.

There are two different circumstances:

- rescission of a decision to grant parole before the inmate is released.

- rescission of parole after the inmate is released.

Here is the regulation:

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1100-01-01-.12. RESCISSION OF PAROLE.

(1) Pre-parole Rescission.

(a) If an inmate has been granted parole 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or has been served with a warrant or received a new felony sentence or had the certification of parole eligibility withdrawn by the Department of Correction or has other changes in circumstances sufficient to become a matter of record, the Board shall be promptly notified and advised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.

(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 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 is rescinded, he or she shall be given written notice evidencing the reasons for the rescission of the parole grant.

(h) A grant of parole 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 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).

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As you see, there is a "catch-all" for when the Board of Paroles may initiate a pre-release parole rescission:

" or has other changes in circumstances sufficient to become a matter of record, ...".

So, to be blunt, YES, the Board of Parole can rescind a decision to grant parole if there is a change of circumstances

established on the record. Tennessee has statutory and even constitutional rights for victims of crimes, and a failure

of the parole hearing officer to follow victim notification and implement the Victim's Rights Act would allow the Board

to attempt to rescind the granting of parole. If they do, the inmate is entitled to a speedy hearing, as well as the right to appeal.