Probation – Eligibility – Terms

(a) A defendant shall be eligible for probation under this chapter if the sentence actually imposed upon the defendant is ten (10) years or less; however, no defendant shall be eligible for probation under this chapter if convicted of a violation of § 39-13-213(a)(2), § 39-13-304, § 39-13-402, § 39-13-504, § 39-13-532, § 39-15-402, § 39-17-417(b) or (i), § 39-17-1003, § 39-17-1004 or § 39-17-1005. A defendant shall also be eligible for probation pursuant to § 40-36-106(e)(3). (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Month: means a calendar month. See Tennessee Code 1-3-105Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(b) A court shall have authority to impose probation as part of its sentencing determination at the conclusion of the sentencing hearing. There shall be no petition for probation filed by the defendant and probation shall be automatically considered by the court as a sentencing alternative for eligible defendants; provided, that nothing in this chapter shall be construed as altering any provision of present statutory or case law requiring that the burden of establishing suitability for probation rests with the defendant. (c) (1) If the court determines that a period of probation is appropriate, the court shall sentence the defendant to a specific sentence but shall suspend the execution of all or part of the sentence and place the defendant on supervised or unsupervised probation either immediately or after a period of confinement for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense. If the court imposes a period of probation for only one (1) conviction, then the period of probation shall not exceed eight (8) years, including instances where a period of probation is imposed after a period of confinement. If the court imposes a period of probation for more than one (1) conviction, then the total period of probation imposed shall not exceed ten (10) years. (2) (A) Except as provided in subdivision (c)(2)(B), if probation is to be granted to a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C), subdivision (c)(1) shall govern the length of the term of probation. (B) Notwithstanding subdivision (c)(2)(A), the judge may sentence a defendant convicted of any of the misdemeanor offenses set out in subdivision (c)(2)(C) to a period of probation not to exceed two (2) years, if the judge finds that the period of probation is necessary: (i) For the defendant to complete any appropriate treatment program or programs, including, but not limited to, a sanctioned batterer’s intervention program, an anger management program or any court-ordered drug or alcohol treatment program; (ii) To make restitution to the victim of the offense; (iii) To otherwise effect a change in the behavior of the defendant, including, but not limited to, imposing any of the conditions set forth in subsection (d); or (iv) To protect and better ensure the safety of the victim or any other member of the victim’s family or household, as set out in subsections (m) and (n). (C) The offenses to which this subdivision (c)(2) applies are: (i) Domestic assault, as prohibited by § 39-13-111; (ii) Assault as prohibited by § 39-13-101, vandalism as prohibited by § 39-14-408, or false imprisonment as prohibited by § 39-13-302, where the victim of the offense is a person identified in § 36-3-601(5); (iii) Violation of a protective order, as prohibited by § 36-3-612; (iv) Stalking, as prohibited by § 39-17-315; and (v) A second or third violation of § 55-10-401 if the judge orders a substance abuse