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HB1861 • 2026

Probation and Parole

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, relative to revocation of probation.

Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Brooks, Akbari
Last action
2026-03-25
Official status
Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Probation for Drug Offenses

This bill requires judges to order drug treatment instead of revoking probation for first-time drug violations during felony probation.

What This Bill Does

  • Requires a judge to order someone on felony probation who violates their probation due to a drug offense to attend a substance abuse treatment program.
  • Prohibits the judge from revoking probation and suspended sentence for the first instance of such a violation.

Who It Names or Affects

  • People on felony probation who violate those terms because of a drug offense.
  • Judges handling cases involving people on probation for felonies.

Terms To Know

Probation
A sentence where someone is allowed to stay out of jail but must follow certain rules set by the court.
Preponderance of evidence
The amount of proof needed in a case, meaning there is more than 50% chance that something happened.

Limits and Unknowns

  • It's not clear how many people will be affected by this change.
  • The bill may increase state spending on drug treatment programs for offenders.
  • There could be a decrease in the number of people going to jail because their probation won't be revoked.

Bill History

  1. 2026-03-25 Tennessee General Assembly

    Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee

  2. 2026-03-25 Tennessee General Assembly

    Assigned to General Subcommittee of Senate Judiciary Committee

  3. 2026-03-24 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/25/2026

  4. 2026-03-24 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/25/2026

  5. 2026-03-23 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2026

  6. 2026-03-23 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/24/2026

  7. 2026-03-18 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/25/2026

  8. 2026-03-18 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/23/2026

  9. 2026-03-17 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/24/2026

  10. 2026-03-16 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/17/2026

  11. 2026-03-16 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/17/2026

  12. 2026-03-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/16/2026

  13. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  14. 2026-02-02 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  15. 2026-02-02 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  16. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  17. 2026-01-22 Tennessee General Assembly

    Intro., P1C.

  18. 2026-01-22 Tennessee General Assembly

    Filed for introduction

  19. 2026-01-21 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text 
SENATE BILL 1977
By Akbari

HOUSE BILL 1861
By Brooks
HB1861
009856
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 35, relative to revocation of probation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-311, is amended by adding
the following as a new subsection:
(h) Notwithstanding this section or another law to the contrary, if the trial judge
finds by a preponderance of the evidence that the defendant has violated conditions of
probation and suspension of sentence for a felony offense by engaging in conduct that
constitutes a drug offense under title 39, chapter 17, part 4, then for the first instance of
such a violation of conditions of probation and suspension of sentence, the trial judge
shall order the defendant to attend a substance abuse treatment program and shall not
revoke the defendant's probation and suspension of sentence.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.