§ 55-10-410 — Probation conditions - Access to inmates by alcohol and drug treatment organizations

Tennessee § 55-10-410

• Jurisdiction: Tennessee
• Title: 55

Text

(a) In addition to incarceration, fines and license ramifications the sentencing judge has the discretion to impose any conditions of probation which are reasonably related to the offense, but shall impose the following conditions: (1) (A) (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (ii) A drug and alcohol assessment or treatment; or (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or (B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or (2) Upon the second or subsequent conviction for violating § 55-10-401 , involving being under the influence of a controlled substance or controlled substance analogue, § 39-17-418 , involving the possession of a controlled substance, or § 39-17-454 , involving the possession of a controlled substance analogue, participation in a program of rehabilitation at an alcohol or drug treatment facility, if available; (3) Upon a third or subsequent conviction for violating § 55-10-401 , involving the use of alcohol, the court shall order the person to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This requirement may be waived by the judge in the best interest of justice, if the person has already completed a ninety-day period of continuous sobriety as a condition of release on bail; (4) Restitution as provided in § 55-10-403(d) ; (5) Notwithstanding any other law to the contrary, if a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order such person to undergo a drug and alcohol assessment and receive treatment as appropriate. Unless the court makes a specific determination that the person is indigent, the expense of such assessment and treatment shall be the responsibility of the person receiving it. Notwithstanding § 55-10-402(j)(1) and (2) , if the court finds that the person is indigent, the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund established in § 40-33-211(c)(2) pursuant to a plan and procedures developed by the department of mental health and substance abuse services; (6) The alcohol and drug assessment and treatment provisions of this section shall only apply in instances where a person is convicted of a first or fourth or subsequent violation of § 55-10-401 , or where a person is convicted of a second or third violation of § 55-10-401 but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to § 55-10-402 . (b) The sheriff of each county shall develop a written policy that permits alcohol and drug treatment organizations to have reasonable access to persons confined in the county jail or workhouse convicted of or charged with a violation of this part.

Legislative History

Amended by 2023 Tenn. Acts, ch. 116, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 116, s 2, eff. 7/1/2023. Amended by 2014 Tenn. Acts, ch. 902, s 7, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 902, s 6, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 154, s 10, eff. 7/1/2013. Acts 1969, ch. 292, § 6; 1972, ch. 525, §§ 1-8; T.C.A., § 59-1049; Acts 1980, ch. 810, § 4; 1982, ch. 579, § 2; 1985, ch. 141, §§ 2, 3; 1993, ch. 390, § 2; 1995, ch. 355, § 2; 2005, ch. 483, §§ 5, 6; 2012 , ch. 666, § 2.