Prison is intended to be rehabilitative as well as punitive – especially for non-violent and first-time offenders. A prison sentence that is too long may only serve one of these goals.

The United States has an overincarceration problem. We put a lot of people in prison – according to the World Prison Brief, the U.S. ranks among the top countries for total prison population, second only to China – and we keep them there too long. Per the Federal Bureau of Prisons, nearly 26% of individuals currently (as of October 8, 2022) serving time in federal prison are serving sentences of five to 10 years, followed closely by 22.5% serving 10 to 15 years, and almost 15% serving 20 years or more but less than a life sentence.

The result is overcrowded prisons and a justice system that does not always offer those convicted of crimes the support and opportunity to demonstrate that they have “learned their lesson,” paid their debt to society, and are ready to live life as productive, law-abiding members of society outside the walls of a correctional facility.

That changed for more than 11,000 non-violent offenders during the Covid-19 pandemic, when the CARES Act permitted the Justice Department to order their release and place them on home confinement. In an opinion piece recently published in The Washington Post, Molly Gill, vice president of policy for FAMM (the nonprofit advocacy organization formerly known as Families Against Mandatory Minimums), points out that fewer than 0.15% of the people released early from federal prisons due to the pandemic committed new crimes. Out of more than 11,000 individuals released, only 17 people committed new crimes according to a report from the Bureau of Prisons. Most of the new offenses were minor – many involved the possession or sale of drugs. Only one new offense, an aggravated assault, was violent. None of the new offenses were sexual offenses.

Those individuals selected for early release were in low- and minimum-security prisons or were considered the most likely to suffer complications from Covid-19 due to advanced age or chronic illness. Each case was reviewed before early release was granted, and the individuals were required to meet certain conditions both before and after they were released for home confinement.

Studies show that the elderly are the least likely to reoffend, yet we typically keep people incarcerated past the time when they can reasonably be considered a threat to re-offend. Options do exist within the justice system that would allow us to require people convicted of crimes to serve shorter prison terms and then remain under supervision and meet specific requirements as part of a conditional release. In Tennessee, parole and probation for people found guilty in state courts are handled by the Board of Parole (BOP) and the Tennessee Department of Correction (TDOC). If you or a loved one are facing criminal charges or have been convicted of a crime, it is important you speak with an experienced Knoxville criminal defense lawyer like those at Banks & Jones.

How does parole work in Tennessee?

Parole is when a person who was found guilty of a crime is released before their prison sentence has expired. In Tennessee, the decision to release a prisoner early, i.e., to grant parole, is made by the BOP. Parole is a conditional release that requires the parolee to follow all conditions imposed by the BOP and submit to supervision provided by the TDOC. These post-parole conditions may include release to a halfway house only or regular assessments for substance use.

Before being granted parole, offenders may be required to complete certain conditions. These conditions often include attending and successfully finishing pro-social life skills or other classes, group therapy, or therapeutic community.

According to TDOC, offenders in Tennessee who qualify for and are granted parole are not released from prison without an approved release plan. The release plan, which must be approved by a probation parole office, includes specific details such as where the parolee will live and work after their release from prison.

How does probation work in Tennessee?

Per the TDOC, probation occurs when the court releases a person who was found guilty of a crime without imprisonment. The individual on probation must adhere to certain conditions imposed by the court and is subject to the supervision of the TDOC. There are two main types of probation:

• A person found guilty of a crime may be required to serve some time behind bars before being released on probation. This is sometimes referred to as “split confinement.”
• An individual who is convicted of a crime may be sentenced to probation directly, without being required to serve time in jail.

As a condition of release, probationers in Tennessee are required to report to their assigned parole officer “within 48 hours of being placed on probation or upon release from a split confinement sentence.” Every probationer receives a probation order which clearly outlines the terms and conditions of their probation. Failure to follow those terms and conditions is considered a probation violation and may send the probationer back to prison if their probation is part of a split confinement sentence, or may result in prison time for an individual who was sentenced directly to probation.

Common probation violations include:

• Skipping a meeting with your probation officer
• Possession of a firearm
• Failing a drug test
• Not completing required community service hours, as assigned
• Associating with known criminals
• Leaving the area specified in the conditions of your probation. This may include crossing state lines, or simply leaving the county or town to which you are restricted

Tennessee also offers a special type of probation called “determinate release,” which is available to offenders with felony sentences of at least one year, but not more than two years. Offenders must serve at least 30 percent of their sentence in order to be considered eligible for determinate release. Under state law, the district attorney, sheriff, and warden of the prison where the offender is being held must be notified that the offender is eligible for release. Anyone who opposes the release must file an objection with the sentencing court. If approved for this type of probation, offenders are subject to follow the rules and conditions established on their determinate release certificate, which is issued by the TDOC.

If you or a loved one are facing criminal charges or are already behind bars and are eligible for parole, it is vital that you have a skilled Knoxville criminal defense attorney on your side. At Banks & Jones, we fight for you – and we always Fight 2 Win. Maybe you were in the wrong place at the wrong time, or maybe you made the wrong choice. Everyone makes mistakes, and at Banks & Jones we do not judge you for the choices you’ve made in your life. We know that every case is unique and so is every client, so we listen to what you have to say and then we craft a strategic defense that offers you the best chance to avoid conviction or minimize your sentence. Call us at 865-290-2704 or fill out our contact form today.