Senate Bill 1765, also known as House Bill 2467, amends Tennessee Code Annotated, Title 40, regarding sentencing and probation violations. The bill removes subdivision (d)(2) and deletes subdivisions (e)(1) and (2), replacing them with new provisions that outline the conditions under which a trial judge may revoke probation. Specifically, if a defendant is found to have committed a technical violation of probation, the judge can 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 is technical and 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)