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Tenn. Code Ann. § 40-35-308

Modification, removal or release from conditions of probation

Known as the Tennessee Criminal Sentencing Reform Act

The act spans §§ 40–40 (69 sections).

Applied in 5 court decisions — leading case Powers v. State (1996)

Most recently applied in State v. Jackson (November 2001)

Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43.

How often courts cite this section

19952000200110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) 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;

(2) Remove a condition; or

(3) 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.

(4) 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.

(5) 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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.