Tennessee SB 2194: Correction, Dept. of - As introduced, requires the department to include information on certificates of employability in the existing prerelease orientation for inmates concerning relevant post-release or parole issues. - Amends TCA Title 4, Chapter 3, Part 12; Title 40 and Section 62-76-104.

Bill Text

Senate Judiciary Committee 1
Amendment No. 1 to SB2194

Bell
Signature of Sponsor

AMEND Senate Bill No. 2194 House Bill No. 2261*

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by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. This act shall be known and may be cited as the "Reentry Stabilization Act
of 2020."
SECTION 2. Tennessee Code Annotated, Title 40, Chapter 35, Part 5, is amended by
adding the following as a new section:
40-35-5__.
(a) There is created within the department of correction the office of reentry
services.
(b) The purpose of the office is to promote the successful reentry of criminal
offenders whose sentences have expired, including, but not limited to:
(1) Serving as a clearinghouse of resources to assist in successful
reentry;
(2) Coordinating the provision of post-release resources and services to
offenders and related persons;
(3) Using case workers to serve as a point of contact to offenders and
related persons to encourage successful reentry; and
(4) Working with other departments, agencies, and entities, including
nonprofit public benefit corporations, to coordinate reentry services for offenders
and related persons.
(c) Any department, agency, board, commission, or other division of state
government may provide staff and other assistance to the office, and all departments,

Senate Judiciary Committee 1
Amendment No. 1 to SB2194

Bell
Signature of Sponsor

AMEND Senate Bill No. 2194 House Bill No. 2261*

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agencies, boards, commissions, and other divisions of state government must fully
cooperate with the office and provide staff support and other assistance as reasonably
required, subject to existing law.
SECTION 3. Tennessee Code Annotated, Section 40-28-115(i), is amended by deleting
the language "ten (10)" and substituting instead "six (6)".
SECTION 4. Tennessee Code Annotated, Section 40-28-116(b), is amended by
deleting the period at the end of the subsection and substituting instead the following:
; except that the board shall not require a condition or limitation to be completed prior to
release on parole unless the department of correction recommends completion of the
condition or limitation prior to release on parole.
SECTION 5. Tennessee Code Annotated, Section 40-28-122(c)(1), is amended by
deleting the subdivision and substituting instead the following:
(1) The board shall, within a reasonable time, act upon the charges, and may, if
it sees fit:
(A) For a revocation of parole that does not involve a new felony, new
Class A misdemeanor, or absconding, require the prisoner to temporarily serve a
term of incarceration not to exceed:
(i) Fifteen (15) days for the first revocation;
(ii) Thirty (30) days for the second revocation;
(iii) Ninety (90) days for the third revocation; or
(iv) One (1) year, or the remainder of the prisoner's sentence,
whichever is shorter, for a fourth or subsequent revocation; or

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(B) For a revocation of parole that involves a new felony, new Class A
misdemeanor, or absconding, require the prisoner to serve out in prison the
balance of the maximum term for which the prisoner was originally sentenced,
calculated from the date of delinquency, or such part thereof, as it may
determine, or impose a punishment as it deems proper, subject to § 40-28-123.
SECTION 6. Tennessee Code Annotated, Section 40-29-107, is amended by deleting
subsections (a) through (l), substituting instead the following, and redesignating the remaining
subsections accordingly:
(a) The department of correction shall develop a certificate of employability
application that may be submitted by a defendant who has been convicted of a felony
offense. A defendant may apply for a certificate of employability no more than fifteen
(15) days prior to the expiration of a defendant's incarceration or at any time during or
after a defendant's period of probation or parole. The department shall issue a
certificate of employability to a defendant if:
(1) Since the defendant's conviction for a felony, the defendant has
demonstrated a strong work ethic and an honest character;
(2) The defendant pursued technical and educational opportunities,
where appropriate, during or, if applicable, after the defendant's incarceration;
(3) The defendant has not been convicted of a violent offense, as defined
in § 40-35-120(d), or, if the defendant has been convicted of a violent offense, at
least five (5) years have passed since the defendant was released from
incarceration for the violent offense and the defendant has not been convicted of
a new criminal offense during that time; and
(4) Granting the certificate of employability would not pose an
unreasonable risk to public safety or the safety of any individual.

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(b) At least thirty (30) days before issuing a certificate of employability to a
defendant, the department shall notify the district attorney general in the judicial district
in which the defendant was convicted so that t