Senate Bill 1765 amends Tennessee Code Annotated, specifically Section 40-35-311, regarding the conditions and consequences of probation violations. The bill removes subdivision (d)(2) and replaces subdivisions (e)(1) and (2) with new provisions that outline the trial judge's authority when a defendant is found to have committed a technical violation of probation. If a technical violation occurs, the judge may impose a term of incarceration of up to 90 days for a first violation, 180 days for a second, or the remainder of the sentence for a third or subsequent violation. Alternatively, the judge may resentence the defendant to probation with a requirement to participate in a community-based alternative to incarceration, provided the violation does not involve a new offense.

Additionally, the bill clarifies the definition of "technical violation" in subsection (g), specifying that it refers to acts that breach probation terms without constituting a new felony, Class A misdemeanor, or other serious violations. The changes aim to provide clearer guidelines for judges in handling probation violations and to differentiate between technical violations and more serious offenses that warrant harsher penalties. The act is set to take effect on July 1, 2026.

Statutes affected:
Introduced: 40-35-311, 40-35-311(g)