§ 40-35-308 — Modification, removal or release from conditions of probation - Extension of period of probation supervision

Tennessee § 40-35-308

• Jurisdiction: Tennessee
• Title: 40

Text

(a) During the term of probation supervision, the sentencing court, on its own motion, or on application of a probation and parole officer, district attorney general or the defendant, may: (1) Modify any condition; (2) Remove a condition; or (3) Release the defendant from further supervision; provided, that release from supervision shall not discharge the defendant from the remainder of the sentence, and the defendant shall remain within the jurisdiction and authority of the sentencing court until the sentence fully expires. During this period, the defendant's probation is subject to revocation. (b) The court may not make the conditions of supervision more onerous than those originally imposed, except pursuant to a revocation proceeding as provided by law. (c) (1) Notwithstanding the actual sentence imposed under § 40-35-303(c) , at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for a period not exceeding one (1) year upon determining on the record that: (A) The defendant has repeatedly and intentionally failed to comply with court-ordered treatment programming; (B) The defendant has intentionally violated the conditions of probation regarding contact with the victim or the victim's family; or (C) The defendant has intentionally failed to comply with restitution orders despite having the ability to pay the restitution owed, and extending the period of probation would be more effective than other available options to ensure that the defendant pays the remaining amount of restitution owed. (2) For each subsequent determination that the defendant has violated a provision or provisions of subdivision (c)(1), the court may extend probation for an additional period not exceeding one (1) year.

Legislative History

Amended by 2021 Tenn. Acts, ch. 409, s 21, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43.