How to Appeal Parole in Tennessee
The Tennessee Code provides for an appeals process for any parole applicant who has been denied or whose parole has been revoked or rescinded. The Parole Board handles all parole appeals processes and oversees all operations regarding paroling Tennessee offenders. The court system is not generally involved in parole hearings and appeals.
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Instructions
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Understand the filing deadline for a parole appeal. Once the Parole Board makes its decision in the first parole hearing, the offender has 45 days after the receipt of the Board's decision to appeal the decision. The incarcerated individual will receive notice in writing from the Board within his regular mail at the prison. The 45-day limit begins on the day he receives the notice, not the date stamped on the letter.
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Determine if the facts of the offender's case fit within the purpose of the appeals process. Appeals are routinely denied if they do not present any new or different information from the first parole application. In order for the Board to entertain a parole appeal, one of three factors must be present. First, if there is significant new information that was not available at the time of the hearing, the Board may grant an appeal. Second, misconduct on the part of any hearing officer could result in a successful appeal. Lastly, significant procedural errors on the part of any hearing official could also result in a successful parole appeal.
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Draft a parole appeal petition. This is a document detailing that the offender is seeking review of the original parole decision and why an appeal should be granted. If there is new evidence in the case, this should be provided in detail in the petition. Allegations of officer misconduct or procedural mishaps must be explained as well. Petitions should be typed and signed by the offender. The appeal petition should be sent to one of the four parole hearings offices.
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Attend a hearing if requested. The offender has a right to request his physical presence in the appeals hearing. If he chooses not to be present, the Board will review the record from the original hearing and the appeals petition set forth by the offender. The Board will discuss the merits of the claim and make a decision. A summary of the decision will be recorded for the offender to review. The appellate decision requires concurrence by three Board members. The decision will be final.
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References
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