Have a lawful occupation where they work regularly unless the probation officer excused them from the job for school, training or another acceptable reason. pay all court-ordered fines, fees, and restitution. Does a sex offender have to register if they work or go to school in a different state? Travel outside of the Eastern District of Tennessee is not permitted during the first sixty (60) days of supervision, except in extreme emergencies, and only with permission from the probation officer. No probationer meeting the criteria set out in subdivision (p)(1)(A) shall be placed under the supervision of or supervised by a private provider that has not contracted with the department and is not on the list of companies approved by the department and the council. Each jurisdiction determines the details of their own registration process. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. The private probation provider offers specialized services, treatment or training that would be beneficial to a probationer but would not be available if the probationer is supervised by the department. Restrictions on alcohol, drugs or weapons. Felonies reside For example, a person serving a sentence for aggravated robbery must serve 85% of their sentence. If the court grants probation to a person convicted of an offense specified in subsection (m), it may condition the probation on compliance with one (1) or more orders of the court, including, but not limited to: Enjoining the perpetrator from threatening to commit or committing acts of violence against the victim or other household members; Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating, either directly or indirectly, with the victim; Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and by any designated family or household member; Prohibiting the perpetrator from possessing or consuming alcohol, controlled substances or controlled substance analogues; and. When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. The defendant must refrain from committing any additional criminal offenses. (6) Any other method reasonably expected to provide notification. A prison All but 2 jurisdictions offer a path for eventual removal from the registry for at least some of their registrants. Probation Eligibility Under Tennessee Law. The notification fee shall be collected at the same time as the one-hundred-fifty-dollar administrative fee collected pursuant to 40-39-204(b). in Communications and English from Niagara University. Whenever a court sentences an offender to supervised probation, the court shall specify the terms of the supervision and may require the offender to comply with certain conditions that may include, but are not limited to: Meet the offender's family responsibilities; Devote the offender to a specific employment or occupation; Perform, without compensation, services in the community for charitable or governmental agencies; Undergo available medical or psychiatric treatment and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to 33-6-201; Pursue a prescribed secular course of study or vocational training; Refrain from possessing a firearm or other dangerous weapon; Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment; Submit to supervision by an appropriate agency or person and report as directed by the court; Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter; Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to 40-35-304; Undergo an alcohol and drug assessment or treatment, or both an assessment and treatment, if the court deems it appropriate and licensed treatment service is available; Unless the court makes a specific determination that the person is indigent, the expense of the assessment and treatment shall be the responsibility of the person receiving it. 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. Refrain from excessive drinking. Especially mitigated offenders qualify for a reduction in a Range I penalty. She holds a B.A. In some jurisdictions that information is included on the public registry website, separate from the registrants profile, in a feature that allows the public to search by specific identifiers. xV[OP~'?#p8hj">}TX[]J/m`.|)pxGGWgp:8' While the offender may be allowed to travel, there could be additional restrictions, depending on the judicial district they travel to. General Provisions Rule 101: Scope Rule 102: Purpose and Construction Rule 103: Rulings on Evidence. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. No employee of a private provider of probation services shall supervise a felon described in subdivision (p)(1)(A) unless the employee has a bachelor of science degree from an accredited college or university or at least two (2) years of related work experience. MyTN provides a single point of access to a growing list of services through a secure account - 24/7 access in the palm of your hand! Some jurisdictions restrict registrants from living within a measured distance of certain places. Felonies follow accordingly from the most serious to the least serious. Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least two (2) years and a state probation officer for at least thirteen (13) years. Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). Class C Felonies are also 2 0 obj If the documentation and recidivism rate reduction plan presented by the private provider demonstrates that it meets the requirements of subdivision (p)(2), the department and council shall approve the private provider and place such provider on a list of companies eligible to contract with the department pursuant to this subsection (p). Tennessee Felony Offenses 3 0 obj sentence can be given with no less than three years and no more than For good cause shown, the court may waive or reduce the supervision fee in appropriate cases. Just above felonies of any class are those of capital crimes. The defendant shall not leave the judicial district without the permission of the court or probation officer. twelve years, and another ten years. In addition to the costs imposed by subdivision (i)(1), the court may require the defendant to pay any or all costs for the defendant's supervision, counseling or treatment in a specified manner, based on the defendant's ability to pay. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer. A probation officer shall also have the authority to bring probationers before the court when directed by the court to do so. accused has multiple charges, he or she may be sentenced to concurrent Probation is sometimes given to first-time offenders, or those who have committed non-violent crimes. endobj 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. A court shall have authority to impose probation as part of its sentencing determination at the conclusion of the sentencing hearing. 2021 If the officer chooses to file with the court, the court can: The Western District of Tennessee is made up of 22 counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Perry, Shelby, Tipton and Weakley. Other singled-out crimes include attempted first-degree murder, aggravated child neglect, aggravated assault, aggravated vehicular homicide, aggravated burglary, unlawful felon in possession, and certain drug offenses. %PDF-1.5 Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. felonies, Class D Felonies can have a dual punishment of an addition Most juvenile records are able to be expunged if the individual was First-degree murder is the one exception; it's listed as one class above Class A. Use a transdermal monitoring device or other alternative monitoring device if the court determines that the defendant's use of alcohol or drugs was a contributing factor in the defendant's unlawful conduct and the defendant is granted probation on or after July 1, 2014. Class A Felonies are punishable Meet family responsibilities, including supporting their dependents. These are the standard conditions of supervision or probation the Court must impose. Tennessee probation officers have wide discretion when deciding how to handle a defendant's violation of any terms or conditions of release. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. The officer or the court will instruct them about when and how to report to the officer in the future. 3. This fine can be as much as ten thousand dollars but no more. or consecutive time where the sentences follow one another. Like other To contract with the department for the supervision of felons described in subdivision (p)(1)(A), a private probation provider shall: Meet all qualifications established by the private probation council for entities providing misdemeanor probation services; Keep all records in an electronic format that is accessible upon demand by an approved state agency; Maintain professional liability insurance of not less than one million dollars ($1,000,000) in addition to a general liability policy; and, Have been a private provider of misdemeanor probation services for courts exercising criminal jurisdiction in this state for at least fifteen (15) years; or. JFIF ` ` C Case law: The law as laid down in cases that have been decided in the decisions of the courts. Notify the probation officer of being arrested or questioned by law enforcement within 72 hours of the occurrence. (1) Flunitrazepam is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and. Some jurisdictions go even further and require active notification, where either law enforcement or the offender themselves is required to directly notify the immediate community that a sex offender is in the area. Probation is not always an option, however. If granted, the expunged conviction and related records are deemed never to have occurred.
