Probation and Parole

Plain English Breakdown

The effectiveness of waiving payments on reducing revocation rates for parole and probation is unknown, but this information was not supported by the official source material.

Parole Relief and Opportunity Act

This bill amends Tennessee's laws to provide additional financial relief for people on parole or probation who are experiencing hardship.

What This Bill Does

• Adds a new reason for waiving monthly payments towards supervision costs if someone on parole cannot afford basic necessities due to income level or lack of employment, despite trying.
• Changes the law so that people experiencing financial hardship do not have to pay into the criminal injuries compensation fund.
• Exempts those with financial hardships from paying an initial fee for electronic monitoring and tracking programs.
• Allows people who are behind on payments due to hardship to notify the department and request a reevaluation of their ability to pay, potentially waiving past and future payments.

Who It Names or Affects

• People on parole or probation in Tennessee
• The Department of Correction

Terms To Know

Hardship

A situation where someone cannot afford basic necessities due to low income or lack of employment.

Supervision fund

Money collected from people on parole or probation to cover the costs of their supervision and rehabilitation.

Limits and Unknowns

• The bill does not specify how the department will determine if someone is experiencing a hardship.
• It is unclear what happens if someone continues to be unable to pay after the hardship ends.

Official Summary Text

Except in those cases waived by the director as hardship cases,
present law requires that
any person who is placed on parole or
probation
, and who is under the supervision of the department
of correction
, and based on the person's ability t
o pay, to contribute $15.00 per month toward the cost of the person's supervision and rehabilitation.

Present law provides a nonexclusive list of seven circumstances that constitute a hardship for purposes of waiving the monthly contribution. This bill
adds as an eighth circumstance that constitutes a hardship, a
parolee whose income level does not meet the requirements of basic necessities of the parolee's household when considering the parolee's family responsibilities or who has not obtained gainful e
mployment that would allow the person to meet basic necessities of the parolee's household despite reasonable efforts to do so.

Under present law, probationers and parolees experiencing certain circumstances constituting a hardship are required to pay a
minimum of $5.00 to the supervision fund, while persons experiencing other circumstances are not required to make any payment to the fund. Persons experiencing the eighth circumstance added by this bill would not be required to make any payment to the su
p
ervision fund.

Present law generally requires that
any person who is under the supervision of the department
of correction
and enrolled in an electronic monitoring and tracking supervision program to contribute funds as the department deems necessary and
reasonable to cover the applicable costs of the program
. This bill exempts persons who qualify for a hardship waiver from making such contributions.

Based on the person's ability to pay,
present law requires that a
person pay $30.00 for each month or p
ortion of a month the person remains under the supervision of the department
of correction
, to the criminal injuries compensation fund
,
beginning 30 days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the d
ate of employment.
Such p
ayment
must
not exceed 10% of the offender's net income.

In cases of hardship,
present law authorizes
the department
to
modify the payment to an appropriate amount given the nature and magnitude of the hardship.
This bill change
s present law by requiring that, in cases of hardship, the payment to the criminal injuries compensation fund is waived.

Present law requires that
any person who is under the supervision of the department
of correction
and is enrolled in an electronic mo
nitoring and tracking supervision program pay a one-time electronic monitoring initial use fee of $12.00 if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device.
This bill require
s that the department waive the initial use fee in cases of hardship.

Under present law,
more than two months' arrearage or delinquency in making
a
contribution
to the supervision fund or the criminal injuries compensation fund is
ground
s
for revocation
of the parole, probation
,
or other release program of the person in arrears
. This bill authorizes a
person who has not made the contributions for a period of two months
to
notify the department that the person is experiencing a hardship and request the de
partment to reevaluate the person's financial ability to
make the contributions.
If the department determines that the person is experiencing a hardship, the contributions that the person has not made must be waived and the person must not be required to
make future contributions until such time that the person is no longer experiencing a hardship.

Current Bill Text

HOUSE BILL 1030
By Dixie

SENATE BILL 1218
By Oliver

SB1218
002586
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40
and Title 41, relative to the "Parole Relief and
Opportunity Act."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Parole Relief and Opportunity
Act."
SECTION 2. Tennessee Code Annotated, Section 40-28-202(a), is amended by adding
the following new subdivision:
(8) A parolee whose income level does not meet the requirements of basic
necessities of the parolee's household when considering the parolee's family
responsibilities or who has not obtained gainful employment that would allow the person
to meet basic necessities of the parolee's household despite reasonable efforts to do so.
SECTION 3. Tennessee Code Annotated, Section 40-28-202(b), is amended by
deleting the language "subdivisions (a)(1), (3) and (4)" and substituting "subdivisions (a)(1), (3),
(4), and (8)".
SECTION 4. Tennessee Code Annotated, Section 40-28-201(a)(2), is amended by
deleting the language "In addition" and substituting "Except in those cases waived by the
director as hardship cases, in addition".
SECTION 5. Tennessee Code Annotated, Section 40-28-201(a)(3)(B), is amended by
deleting the last sentence and substituting:
In cases of hardship as set forth in § 40-28-202, the department must waive the payment
required by this subdivision (a)(3)(B).

- 2 - 002586

SECTION 6. Tennessee Code Annotated, Section 40-28-201(a)(5), is amended by
adding the following language to the end of the subdivision:
In cases of hardship as set forth in § 40-28-202, the department must waive the fee
required by this subdivision (a)(5).
SECTION 7. Tennessee Code Annotated, Section 40-28-201(c), is amended by
deleting the subsection and substituting:
(1) Except as provided in subdivision (c)(2), in the event of more than two (2)
months' arrearage or delinquency in making either or both of the contributions, the
arrearage or delinquency constitutes sufficient ground for revocation of the parole,
probation, or other release program of the person in arrears.
(2) A person who has not made the contributions required by this section for a
period of two (2) months may notify the department that the person is experiencing a
hardship, pursuant to § 40-28-202, and request the department to reevaluate the
person's financial ability to comply with this section. If the department determines that
the person is experiencing a hardship, the contributions that the person has not made
must be waived and the person must not be required to make future contributions until
such time that the person is no longer experiencing a hardship.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.