State Inmates

Plain English Breakdown

The official source material does not provide specific details on how the commissioner will implement changes to reporting requirements or what activities of daily living are considered for furlough eligibility.

Changes for Parole and Furlough Eligibility for Inmates

This bill changes the requirements for inmates to be eligible for parole based on chronic debilitation or incapacity.

What This Bill Does

• Reduces the age requirement from 70 to 55 years old and increases the minimum time served in custody from five to ten years for inmates seeking parole due to chronic debilitation or incapacity.
• Requires the commissioner of correction to report annually on individuals who may be certified eligible for parole based on chronic debilitation or incapacity, including data on certifications and outcomes.
• Includes detailed information about department policies regarding medical parole and forms used in the process within the annual reports.

Who It Names or Affects

• Inmates who are chronically debilitated or incapacitated and meet certain criteria can now apply for parole at a younger age with more time served.
• The commissioner of correction is required to provide annual reports on medical parole eligibility and outcomes.

Terms To Know

Parole

Release from prison before the full sentence has been served, under supervision.

Furlough

Temporary leave from incarceration for medical reasons.

Limits and Unknowns

• The bill does not specify how the commissioner will implement changes to reporting requirements.
• It is unclear what specific activities of daily living are considered when determining eligibility for furlough.

Official Summary Text

Present law authorizes the commissioner of correction to certify as eligible for parole, a chronically debilitated or incapacitated inmate who meets all of the following requirements:



Is at least 70.



Has served a minimum of five years in custody.



Is not serving a sentence for a violent sexual offense or more than one conviction for first degree murder, or facilitation of first degree murder.



Is not serving a sentence of imprisonment for life without possibility of parole.



Has two sworn statements from physicians, at least one of whom is the department of correction's director of medical services, certifying that the condition of the inmate is chronic, incurable, and will likely result in the inmate's death.

This bill rewrites the provisions above to, instead, authorize the commissioner to certify as eligible for parole an inmate who meets all of the following requirements:



Is at least 55.



Has served a minimum of 10 years in custody.



Is not serving a sentence for a violent sexual offense or more than one conviction for first degree murder, or facilitation of first degree murder.



Is not serving a sentence of imprisonment for life without possibility of parole.

FURLOUGHS

Present law provides that, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the
attending physician and the security recommendation of the head of the institution, the commissioner may grant a furlough of indeterminate duration to eligible inmates. However, this provision only applies to inmates who, due to the inmate's chronically
debilitated or incapacitated medical condition, have a medical prognosis of mortality within one year or less, or are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. This bill remov
es
the provision of the inmate no longer being able to care for themselves and, instead, authorizes inmates who are no longer able to perform at least one of the activities of daily living in a prison environment to qualify for furlough due to their medical
condition.

ON MARCH 9, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 175.

AMENDMENT #1 rewrites the bill to, instead, provide all of the following:

PAROLE ELIGIBILITY DUE TO DEBILITATION OR INCAPACITATION



By July 1, 2027, and each July 1 thereafter,
requires the
commissioner of correction
to
deliver to the chair of the judiciary committee of the senate and the chair of the committee of the house of representatives with jurisdiction over the department of correction a report containing
all of the
following data
with
regard to
individuals who may be certified
eligible for parole
for being
chronically debilitated or incapacitated
as described in the bill summary
:

o

The number of individuals certified as eligible for parole
.
o

The number of individuals granted parole after being certified as eligible
.
o

The number of individuals denied parole after being certified as eligible
.
o

The number of individuals certified as eligible for parole and awaiting a hearing at the end of the reporting period
.
o

The number of individuals who were released
.
o

The number of individuals who were granted parole after being certified as eligible but were not released.



Requires the
report
to include
certain information about the individual and the individual's incarceration, as listed in the amendment.



Requires the
report
to
include department policies regarding medical parole and a copy of the forms used by the department in the medical parole process.

FURLOUGH ELIGIBILITY
DUE
TO
DEBILITAT
ION
OR INCAPACITAT
ION



Requires the same reporting as outlined above for inmates eligible for medical
furlough of indeterminate duration
. Eligible inmates (i) have
a medical prognosis of mortality within one year or less or
(ii) a
re no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration.

Current Bill Text

SENATE BILL 175
By Massey

HOUSE BILL 36
By Davis

HB0036
000669
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40
and Title 41, relative to inmates.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-501, is amended by deleting
subdivision (x)(1) and substituting:
(x)
(1) Notwithstanding this part or chapter 28, part 1 of this title to the
contrary, the commissioner of correction may certify as eligible for parole an
inmate who:
(A) Is at least fifty-five (55) years of age;
(B) Has served a minimum of ten (10) years in custody;
(C) Is not serving a sentence for:
(i) A violent sexual offense, as defined in § 40-39-202; or
(ii) More than one (1) conviction for first degree murder,
pursuant to § 39-13-202, or facilitation of first degree murder; and
(D) Is not serving a sentence of imprisonment for life without
possibility of parole.
SECTION 2. Tennessee Code Annotated, Section 41-21-227, is amended by deleting
subdivision (i)(2)(A) and substituting:
(2)
(A) Subdivision (i)(1) applies only to inmates who, due to the inmate's
chronically debilitated or incapacitated medical condition:

- 2 - 000669

(i) Have a medical prognosis of mortality within one (1) year or
less; or
(ii) Are no longer able to perform at least one (1) of the activities
of daily living in a prison environment.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.