40-28-105 - Permanent office of board Meetings Compensation Removal of members. - Tennessee Statutes

40-28-105. Permanent office of board Meetings Compensation Removal of members.

(a)  The permanent office of the board shall be at Nashville.

(b)  The board shall prescribe the times and places of its meetings and shall schedule hearings at each correctional institution or facility at times as may be necessary to discharge its duties. All votes taken by the board shall be by public ballot or public roll call. No secret ballots or secret roll calls shall be permitted.

(c)  The salaries of the members of the board shall be established by the governor at not more than eighty-five percent (85%) and not less than sixty percent (60%) of those established for Class 2 state officials under § 8-23-101; provided, that a member's salary shall not be diminished during the term to which appointed. The salaries of the members of the board shall be equal except that of the chair, whose salary shall be set by the governor at a level commensurate with the increased duties and responsibilities. The salaries of employees of the board shall be set by the board. The requirements of § 40-28-103(a) regarding personnel procedures shall apply to all actions under this subsection (c).

(d)  (1)  A majority of members of the board shall constitute a quorum for official administrative business.

     (2)  The chair of the board may designate individual members of the board of probation and parole and appoint hearing officers who shall be authorized to conduct hearings, take testimony and make proposed findings of fact and recommendations to the board regarding a grant, denial, revocation or rescission of parole. The findings and recommendations shall be reduced to writing and reviewed by board members who shall adopt, modify or reject the recommendations.

     (3)  The grant of parole shall require the concurrence of three (3) board members except as set out in subdivision (d)(4).

     (4)  The grant of parole involving the following offenses shall require the concurrence of four (4) board members:

          (A)  First degree murder;

          (B)  Aggravated arson;

          (C)  Aggravated child abuse and neglect (child six (6) years of age or less);

          (D)  Aggravated rape;

          (E)  Aggravated vehicular homicide;

          (F)  Attempted first degree murder;

          (G)  Conspiracy to commit first degree murder;

          (H)  Especially aggravated kidnapping;

          (I)  Especially aggravated robbery;

          (J)  Rape of a child;

          (K)  Second degree murder;

          (L)  Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death);

          (M)  Aggravated child abuse or neglect (child six (6) years of age or above);

          (N)  Aggravated kidnapping;

          (O)  Aggravated sexual battery;

          (P)  Aggravated sexual exploitation of a minor (obscene);

          (Q)  Especially aggravated burglary;

          (R)  Especially aggravated sexual exploitation of a minor;

          (S)  Rape;

          (T)  Solicitation to commit first degree murder;

          (U)  Vehicular homicide by intoxication;

          (V)  Aggravated assault;

          (W)  Spousal rape;

          (X)  Vehicular homicide;

          (Y)  Voluntary manslaughter;

          (Z)  Vehicular assault; and

          (AA)  Any other offense for which punishment is life imprisonment.

     (5)  The provisions of subdivision (d)(4), shall also apply to persons convicted of offenses repealed November 1, 1989, which would have constituted a conviction for one (1) of the enumerated offenses in subdivision (d)(4) had it been committed after November 1, 1989.

     (6)  The denial of parole shall require the concurrence of three (3) board members, except the denial of parole involving the offenses as set out in subdivision (d)(4), shall require the concurrence of four (4) board members.

     (7)  The recision of a parole grant shall require the concurrence of two (2) board members.

     (8)  The revocation of a parole grant shall require the concurrence of two (2) board members.

     (9)  No board action shall be invalid because it is based upon the recommendation of a hearing officer.

     (10)  The administrative continuance of a case will not require board approval.

     (11)  Inmates whose parole has been revoked or rescinded, or who have been denied parole, or whose grant of parole has been rescinded, may request an appellate review by the board. The board shall establish a reasonable time limit for filing of the request. If the time limit is not met, the request for an appellate review will be denied. An appellate request will be screened by a board member or designee and a review will be conducted if there is new evidence or information that was not available at the time of the hearing, or if there are allegations of misconduct by the hearing official that are substantiated by the record or if there were significant procedural errors by a hearing official. The appellate review will be conducted from the record of the first hearing and the appearance of the inmate will not be necessary. If a board member decides that an appearance hearing is necessary, it will be scheduled before a board member or hearing officer who did not conduct the hearing that is the subject of the appeal. A summary of the appellate hearing will be prepared and the board will vote after a review of the summary and the record of the first hearing. The decision after an appellate review will require the concurrence of three (3) board members. The decision rendered after an appellate review will be final.

(e)  When appropriate, the members of the board and the board's employees shall be reimbursed for their reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations.

(f)  The governor or the attorney general and reporter may seek the removal of a member of the board for knowing or willful misconduct in office or for knowing or willful neglect or failure to perform any duty enjoined upon a member of the board by any of the laws of this state or for the conviction of any crime which constitutes a felony under the laws of the state. This removal shall be accomplished through the removal procedure provided in title 8, chapter 47.

[Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1978, ch. 929, § 2; 1979, ch. 56, § 1; 1979, ch. 359, § 6; 1981, ch. 80, § 3; T.C.A. (orig. ed.), § 40-3602; Acts 1983, ch. 325, § 7; 1988, ch. 880, § 3; 1989, ch. 227, §§ 7, 8; 1989, ch. 506, § 3; 1997, ch. 488, § 1; 1999, ch. 456, §§ 1, 2.]