Tennessee § 40-35-308 - Modification, removal or release from conditions of probation.

§ 40-35-308. Modification, removal or release from conditions of probation.

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: Modify any condition; Remove a condition; or 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. 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. Notwithstanding the actual sentence imposed, at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for any period not in excess of two (2) years. Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43. Sentencing Commission Comments. This section gives the court the authority to modify or remove any condition of probation originally imposed. Subdivision (a)(3) permits the court to remove direct supervision conditions from probation but the defendant is still considered on probation until the length of the sentence has expired. Occasionally, the court might wish to impose additional conditions on probation. These may be imposed if a hearing is conducted on the issue. See subsection (b). Subsection (c) addresses situations where a defendant violates his or her probation near the end of the term and, instead of ordering complete incarceration, a trial court might desire to extend the defendant's period of probation supervision. This subsection permits such an extension for a period up to two years. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Probation, paroles and pardons, title 40, ch. 28. Release eligibility, § 40-35-501 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.252, 32.255. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-35-1. Law Reviews. Wealth-Based Penal Disenfranchisement, 72 Vand. L. Rev. 55 (January 2019). Attorney General Opinions. Resentencing of one sentenced to community corrections, OAG 99-111, 1999 Tenn. AG LEXIS 111 (5/13/99). A general sessions court that revokes a defendant’s probation has authority under T.C.A. § 40-35-308(c) to extend the probationary period for up to two years. OAG 15-79, 2015 Tenn. AG LEXIS 80 (12/15/2015).