40-28-103 - Board of probation and parole. - Tennessee Statutes

40-28-103. Board of probation and parole.

(a)  There is created a full-time, autonomous board of probation and parole that is composed of seven (7) members who shall be appointed by the governor, and that shall be autonomous in structure and shall have the authority to perform all administrative functions necessary to carry out its duties, including the submission of a budget request to the commissioner of finance and administration and the submission of personnel actions to the commissioner of personnel. In all respects the board shall be separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees shall be subject to the budgetary, accounting, personnel, purchasing and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4.

(b)  In the initial appointments made under this section, the speaker of the senate and the speaker of the house of representatives shall jointly appoint one (1) member to a term expiring on January 1, 1986. The governor shall appoint two (2) members to terms expiring on January 1, 1984, and two (2) members to terms expiring on January 1, 1982. On June 2, 1989, the governor shall appoint two (2) additional members to terms expiring on January 1, 1992. Thereafter, all members shall serve six-year terms and shall be eligible for reappointment.

(c)  In considering persons for appointment, the appointing authority shall give preference to candidates with training, education or experience in the criminal justice system, law, medicine, education, social work or the behavioral sciences. No member of the board shall hold any other salaried public office, whether elective or appointive, nor shall any member engage for pay in any other business or profession.

(d)  Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term.

(e)  The governor shall appoint one (1) member of the board to serve as its chair for a term of two (2) years, beginning July 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this chapter. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated shall have and perform all the powers and duties of the chair of the board.

[Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(3); Acts 1984, ch. 736, § 1; 1989, ch. 506, §§ 1, 2; 1998, ch. 1049, § 66.]