Probation Laws for a Felony in Tennessee

In the state of Tennessee, the sentencing court has jurisdiction over an offender’s probation. Probationers must remain in compliance with the requirements of their term of probation. If they violate these conditions, they can lose this option, face a revocation of probation and find themselves behind bars.

Probation is a court-ordered sentence that some individuals serve when they’ve been found guilty of a criminal offense. It lets the individual stay in the community, as long as they adhere to the requirements of their probation and remain supervised by a probation officer.

Probation is not always an option, however. Some offenders serve time behind bars without ever having the option of probation, and others may serve a combination of jail time and probation.

A person who commits a misdemeanor or felony offense in the Volunteer State has the option of probation, but only if their sentence isn’t for more than 10 years.

Probation conditions vary depending on the severity of the charge and its location – Tennessee's supervised release conditions and requirements differ slightly among the Western District, Middle District and Eastern District of the state. Conditions of probation can include:

• Community service.
• Counseling.
• Fines.
• Reporting to a probation officer.
• Restitution.
  
• Restrictions on alcohol, drugs or weapons.

Violating conditions of probation can result in a court ending probation for the offender and sending them to jail or prison. Offenders may commit a violation of probation if they:

• Fail a random drug test.
• Fail to complete community service.
• Miss an appointment with their probation officer.
  
• Re-offend.

On July 1, 2022, a new law was put into place in Tennessee to protect crime victims. This criminal justice statute allows an offender’s probation to be revoked if they commit a violation of terms of their probation like those listed above.

When an offender commits a violation, a probation officer can issue a warning, impose additional conditions on the offender, or file the violation with the court. If the officer chooses to file with the court, the court can:

• Order the offender to appear in court.
• Issue a warrant for their arrest. The probation officer can arrest the offender once the warrant is issued.
• Set a hearing regarding the violation.
• Set a “no bond” hold on the offender until the date of the hearing.

The Western District of Tennessee is made up of 22 counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Perry, Shelby, Tipton and Weakley.

An offender on probation is permitted to travel within these counties, but not outside of them unless they have first obtained permission from their probation officer or the court.

Standard conditions of supervision or probation in the Western District of Tennessee, not including any additional special conditions of the court, provide that the offender must:

• Report to their probation officer in a frequency and manner as directed by the officer or the court.
• Truthfully answer the probation officer’s inquiries and follow their instructions.
• Meet family responsibilities, including supporting their dependents.
• Have a lawful occupation where they work regularly unless the probation officer excused them from the job for school, training or another acceptable reason.
• Notify their probation officer of any change in residence or employment at least 10 days before it occurs.
• Refrain from excessive drinking. They may not administer, buy, distribute, possess or use any controlled substances or paraphernalia associated with them except through a doctor’s prescription.
• Refrain from going to places where the sale, distribution or administration of illegal controlled substances occurs.

Offenders must also:

• Refrain from associating with persons involved in criminal activities and

those with felony convictions, unless the probation officer grants permission. Allow the probation officer to visit them at their home or elsewhere at any time and allow confiscation of contraband if it is seen in plain view of the officer. Notify the probation officer of being arrested or questioned by law enforcement within 72 hours of the occurrence. Refrain from entering into an agreement to act as an agent or informer for law enforcement without the court’s permission. Notify third parties of risks due to their criminal record, characteristics, or personal history and allow the probation officer to note the defendant’s compliance with these requirements

The Middle District of Tennessee comprises 32 counties in three divisions. They are:

• Columbia Division: Giles, Hickman, Lawrence, Lewis, Marshall, Maury, and Wayne Counties.
• Northeastern Division: Clay, Cumberland, DeKalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith and White counties.
• Nashville Division: Cannon, Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson counties.

An offender on probation can travel within these 32 counties, but not outside of them unless they have permission from their probation officer or the court.

In the Middle District of Tennessee, the offender must:

• Report to their probation officers in a frequency and manner as directed by the officer or court.
• Truthfully answer the probation officer’s inquiries and follow their instructions.
• Meet their family responsibilities including supporting their dependents.
• Have a lawful occupation where they work regularly, unless the probation officer excused them from the job for school, training or another acceptable reason.
• Notify the probation officer of any change in residence or employment at least 10 days before it occurs.
• Refrain from excessive drinking. They may not administer, buy, distribute, possess or use any controlled substances or the paraphernalia associated with them except through a doctor’s prescription.

Offenders must also:

• Refrain from going to places where the sale, distribution or administration of illegal controlled substances occurs.
• Refrain from associating with persons involved in criminal activities and those convicted of felonies, unless the probation officer grants permission.
• Allow the probation officer to visit them at their home or elsewhere at any time and allow confiscation of contraband if it is seen in plain view of the officer.
• Notify the probation officer of being arrested or questioned by law enforcement within 72 hours of the occurrence.
• Refrain from entering into an agreement to act as an agent or informer for law enforcement without the court’s permission.
• Notify third parties of risks due to their criminal record, characteristics or personal history and allow the probation officer to note the defendant’s compliance with these requirements.

The Eastern District of Tennessee comprises 41 counties in four divisions. They are:

• Southern Division: Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea and Sequatchie Counties.
• Northeastern Division: Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi and Washington Counties.
• Northern Division: Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier and Union Counties.
  
• Winchester Division: Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Warren and Van Buren Counties.

A person on probation in the Eastern District cannot leave the area without verbal or written permission from their probation officers. The Eastern District requires that any plans to travel outside of the area are made at least two weeks before the travel date.

Travel outside of the Eastern District is not allowed during the first 60 days of probation, unless it’s an extreme emergency and only with the probation officer’s permission. While the offender may be allowed to travel, there could be additional restrictions, depending on the judicial district they travel to.

An offender within the Eastern District must comply with these standard supervision conditions. They must:

• Follow the probation officer’s instructions related to the supervision conditions of their case.

• Report to their probation office in the judicial district where they are authorized to live within 72 hours of sentencing, unless their probation officer instructs them to report to a different office or at a different time. The officer or the court will instruct them about when and how to report to the officer in the future.

• Not knowingly leave the judicial district where they are authorized to live unless the probation officer gives them permission to do so.

• Truthfully answer the probation officer’s inquiries and follow their instructions.

• Live at a residence approved by the probation officer. If they plan to change their living arrangements, such as who they live with or where they live, they must notify their probation officer 72 hours in advance. If that is not possible due to unexpected circumstances, they must do so within 72 hours of the occurrence or of becoming aware of the occurrence.

• Allow the probation officer to visit them at their home or elsewhere at any time and allow confiscation of contraband if it is seen in plain view of the officer.

Offenders must also:

• Refrain from associating with persons involved in criminal activities and those convicted of felonies, unless the probation officer grants permission.
• Notify the probation officer of being arrested or questioned by law enforcement within 72 hours of the occurrence
• Refrain from owning, possessing or having access to firearms, ammunition or other dangerous weapons or destructive devices.
• Refrain from entering into an agreement to act as an agent or informer for law enforcement without the court’s permission.
• Notify third parties of risks due to their criminal record, characteristics or personal history and allow the probation officer to note the defendant’s compliance with these requirements

In the Eastern District, the offender must work at least 30 hours per week in a lawful occupation, unless their probation officer excuses them from their job. If they do not have a full-time job (30 hours a week or more), they must try to find one, unless the probation officer excuses them from doing so.

If the offender plans to change their occupation or anything else about their employment, they must tell the probation officer at least 10 days before making the change. If the change is unexpected, they must do so within 72 hours of the change.