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SB1765 • 2026

Probation and Parole

AN ACT to amend Tennessee Code Annotated, Title 40, relative to sentencing.

Crime
Active

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

Sponsor
Pody, Lynn
Last action
2026-03-03
Official status
Assigned to General Subcommittee of Senate Judiciary Committee
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on how judges can resentence defendants after revocation.

Changes to Probation and Parole Rules

This bill changes how judges can handle technical violations of probation for both felony and misdemeanor offenses in Tennessee.

What This Bill Does

  • Allows a judge to revoke someone's probation if they break the rules, even just once.
  • Sets limits on how long someone can be put back in jail for breaking probation rules: up to 90 days for the first time, up to 180 days for the second time, and the rest of their sentence for any further violations.

Who It Names or Affects

  • People on probation who break the rules.
  • Judges who decide how to handle people who violate their probation.

Terms To Know

Technical violation
Breaking the terms of probation without committing a new crime or serious offense.

Limits and Unknowns

  • The bill may increase local government costs related to handling misdemeanor probation violations, but it's hard to know exactly how much.
  • It does not specify who will fund any additional expenses that might come from these changes.

Bill History

  1. 2026-03-03 Tennessee General Assembly

    Assigned to General Subcommittee of Senate Judiciary Committee

  2. 2026-02-25 Tennessee General Assembly

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

  3. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  4. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  5. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  6. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  7. 2026-01-22 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  8. 2026-01-21 Tennessee General Assembly

    Introduced, Passed on First Consideration

  9. 2026-01-20 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 2467
By Lynn

SENATE BILL 1765
By Pody
SB1765
010490
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
relative to sentencing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-311, is amended by deleting
subdivision (d)(2).
SECTION 2. Tennessee Code Annotated, Section 40-35-311, is amended by deleting
subdivisions (e)(1) and (2) and substituting:
(1) If the trial judge finds by a preponderance of the evidence that the defendant
has violated the conditions of probation and suspension of sentence for a felony or
misdemeanor offense by engaging in conduct that is a technical violation, then the trial
judge may temporarily revoke the probation and suspension of sentence by an order
duly entered upon the minutes of the court, and:
(A) Impose a term of incarceration not to exceed:
(i) Ninety (90) days for a first revocation;
(ii) One hundred eighty (180) days for a second revocation; or
(iii) The remainder of the sentence for a third or subsequent
revocation; or
(B) Resentence the defendant for the remainder of the unexpired term to
a sentence of probation that includes the condition of participating in a
community-based alternative to incarceration as provided in § 40-35-104(c)(9);
provided, that the violation of probation and suspension is a technical violation
and does not involve the commission of a new offense.

- 2 - 010490

(2) If the trial judge revokes a defendant's probation and suspension of sentence
after finding, by a preponderance of the evidence, that the defendant has committed a
new felony, new Class A misdemeanor, zero tolerance violation as defined by the
department of correction community supervision sanction matrix, violation of a
specialized condition of probation imposed by the court, absconding, or contacting the
defendant's victim in violation of a condition of probation, then the trial judge may revoke
the probation and suspension of sentence by an order duly entered upon the minutes of
the court, and cause the defendant to commence the execution of the judgment as
originally entered, which may be reduced by an amount of time not to exceed the
amount of time the defendant has successfully served on probation and suspension of
sentence prior to the violation.
SECTION 3. Tennessee Code Annotated, Section 40-35-311(g), is amended by
deleting the subsection and substituting:
(g) As used in this section, "technical violation" means an act that violates the
terms or conditions of probation but does not constitute a new felony, new Class A
misdemeanor, zero tolerance violation as defined by the department of correction
community supervision sanction matrix, violation of a specialized condition of probation
imposed by the court, absconding, or contacting the defendant's victim in violation of a
condition of probation.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.