Summary: HB 36 (Session 114) – Tennessee
Jurisdiction: Tennessee
Title: State Inmates – As enacted, requires by July 1, 2027, and each July 1 thereafter, the commissioner of correction to deliver to the chairs of legislative committees with jurisdiction over the department of correction a report containing data with regard to individuals who may be certified eligible for parole for being chronically debilitated or incapacitated. Amends TCA Title 40 and Title 41.
Overview
HB 36, as amended and enacted, revises the eligibility criteria for parole consideration for inmates with chronically debilitated or incapacitated medical conditions and modifies related medical furlough provisions. The bill also establishes an ongoing reporting requirement by the Department of Correction (DOC) to legislative leadership.
Key Provisions
1) Parole eligibility for chronically debilitated or incapacitated inmates
- Amended statute: TCA 40-35-501.
- New eligibility criteria for DOC to certify an inmate as eligible for parole:
- Age: At least 55 years old (down from prior age threshold of 70 in some earlier summaries).
- Custody: Has served a minimum of 10 years in custody (up from 5 years suggested in some analyses; note that the fiscal note variants describe 5 years in earlier version and 10 years in the final text).
- Offense exclusions: Not serving a sentence for a violent sexual offense; not serving more than one conviction for first-degree murder or facilitation of first-degree murder; and not serving a sentence of imprisonment for life without the possibility of parole.
- Other: Not serving a sentence of imprisonment for life without parole.
- Impact: Creates a broader pool of inmates who may be eligible for parole consideration due to advanced age and extended time in custody, subject to crime-related exclusions.
2) Medical furlough eligibility for chronically debilitated or incapacitated inmates
- Amended statute: TCA 41-21-227.
- New language narrows or clarifies medical furlough eligibility criteria:
- Inmates eligible for medical furlough must meet one of:
- Medical prognosis of mortality within one year or less; or
- Inability to perform at least one activity of daily living (ADL) in a prison environment due to severe deterioration.
- Context: This aligns medical furlough criteria with a focus on end-of-life or severe functional decline.
3) Reporting requirement
- Effective upon becoming law.
- By July 1, 2027 and annually thereafter, the DOC Commissioner must deliver to the chairs of legislative committees with jurisdiction over the department a report containing data related to:
- Inmates who may be certified eligible for parole as chronically debilitated or incapacitated.
- Data related to inmates and medical furloughs (likely including eligibility determinations, approvals, and related outcomes).
4) Effective date
- Effective date: Upon becoming law (no specific earlier date beyond enactment).
Fiscal impact
- Fiscal notes indicate the overall fiscal impact is not significant.
- DOC is expected to provide required data from existing resources; no major operational burdens anticipated.
Who is affected
- Inmates housed in Tennessee correctional facilities who are:
- 55 years or older and have at least 10 years in custody,
- Not convicted of disqualifying offenses (violent sexual offenses; multiple or specific murder convictions; life without parole),
- Potentially eligible for parole consideration.
- Inmates with chronic or incapacitating medical conditions eligible for or considered for medical furlough under revised standards.
- DOC, for reporting purposes, and the legislative committees that receive the annual data.
Key Dates and Process
- Parole eligibility criteria are codified in current law; the reporting requirement begins with a report due by July 1, 2027 and annually thereafter.
- The bill specifies annual data reporting to legislative chairs, presumably reflecting ongoing monitoring and transparency.
Notes
- The bill’s fiscal analysis consistently notes no significant fiscal impact.
- The amendments interact with existing parole and medical furlough processes, potentially expanding parole eligibility and refining medical furlough criteria.
Sponsorship
- Primary: HB 36 (Davis)
- Senate companion: SB 175 (Massey)
- Co-sponsor: Elaine Davis
This summary provides a concise, nonpartisan overview of the bill’s substantive changes, scope, and administrative requirements.
