Probation Rules in Tennessee
Probation in Tennessee typically lasts from 11 months 29 days for misdemeanors up to 8+ years for serious felonies. You must report to your probation officer, pass drug tests, pay fines and restitution, maintain employment, and avoid new criminal charges. Early termination may be available after completing at least half of your probation term with full compliance.
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Overview
Tennessee uses a determinate sentencing structure where probation terms are set by the sentencing court based on the felony class. The Tennessee Department of Correction, Board of Probation and Parole, and local county probation offices supervise offenders in the community. Probation can be supervised or unsupervised, and the state also operates Community Corrections programs for higher-risk offenders who might otherwise be incarcerated. Tennessee law (T.C.A. 40-35-303) governs probation eligibility and terms.
Quick Answer
Probation in Tennessee typically lasts from 11 months 29 days for misdemeanors up to 8+ years for serious felonies. You must report to your probation officer, pass drug tests, pay fines and restitution, maintain employment, and avoid new criminal charges. Early termination may be available after completing at least half of your probation term with full compliance.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Supervised Probation | The most common form of probation in Tennessee. The offender is assigned a probation officer and must report regularly, comply with all court-ordered conditions, and submit to drug testing and home visits. Supervised probation can be administered by county probation offices or the Tennessee Department of Correction depending on the seriousness of the offense. | Varies by felony class; typically matches the sentence length (up to 8+ years for serious felonies) |
| Unsupervised Probation | A less restrictive form of probation typically granted for misdemeanor offenses or low-risk first-time offenders. The offender does not have a probation officer but must still comply with court-ordered conditions such as paying fines, completing community service, and avoiding new criminal offenses. The court may still require periodic court appearances. | 11 months 29 days for misdemeanors; may be longer for felonies at court discretion |
| Community Corrections | An intensive supervision program designed for offenders who would otherwise be sentenced to incarceration. Participants are subject to strict rules, electronic monitoring (GPS or ankle monitors), curfews, frequent drug testing, and regular face-to-face contact with their supervising officer. Community Corrections is administered through local community corrections agencies under state oversight. | Varies by sentence; typically matches the original sentence length |
| Judicial Diversion | Available to eligible first-time offenders, judicial diversion allows the court to defer proceedings and place the defendant on probation. Upon successful completion of all conditions, the charges are dismissed and the record may be expunged. This is not available for certain serious offenses including DUI and sexual offenses. | Typically set by the court; varies by offense |
Probation Conditions
- ✓Regular Reporting
Report to your probation officer as directed, which may include in-person meetings, phone check-ins, or kiosk reporting depending on supervision level.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. Positive results or refusal to test is treated as a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment, or be enrolled in an approved educational or vocational training program. Notify your probation officer of any changes in employment status.
- ✓No New Criminal Offenses
Do not commit any new criminal offenses. Any arrest or new charge, even if not yet convicted, can trigger a probation violation hearing.
- ✓Pay Fines, Fees, and Restitution
Pay all court-ordered fines, probation supervision fees, court costs, and restitution to victims on a schedule set by the court or probation officer.
- ✓Community Service
Complete a specified number of community service hours as ordered by the court. Hours must typically be performed at approved organizations and documented.
- ✓No Firearms Possession
Do not possess, own, or have access to any firearms or dangerous weapons during the probation period. This applies to felony probation under both state and federal law.
- ✓Substance Abuse or Mental Health Treatment
Participate in and successfully complete any court-ordered substance abuse treatment, mental health counseling, anger management, or other rehabilitative programs.
- ✓Travel Restrictions
Do not leave the judicial district without prior written permission from your probation officer. Out-of-state travel requires advance approval.
- ○Curfew
Abide by any court-imposed curfew, which may require you to be at your approved residence during specified hours, typically overnight.
- ○No Contact Orders
Avoid contact with specified individuals, including victims, co-defendants, or other persons as ordered by the court.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing a scheduled appointment with probation officer, failing a drug test, not completing community service hours, missing a curfew, failing to pay fines or fees on time, changing address without notification | Warning from probation officer, increased reporting requirements, modified conditions, additional community service hours, mandatory treatment programs, or short-term jail sanctions |
| Substantive Violations (New Criminal Offense) | Being arrested for or charged with a new crime (felony or misdemeanor), domestic violence, DUI, drug possession, theft, or assault while on probation | Arrest and probation violation warrant, revocation hearing, partial or full execution of the original suspended sentence, potential new charges and sentencing for the new offense |
| Drug-Related Violations | Positive drug or alcohol test, possession of controlled substances, refusal to submit to testing, failure to complete substance abuse treatment | Under SB1977 (2026), for a first drug-offense violation of felony probation, the judge must order the defendant to attend a substance abuse treatment program rather than revoking probation. Subsequent violations may result in revocation and incarceration. |
| Absconding | Failing to report to your probation officer for an extended period, fleeing the jurisdiction, becoming unreachable and whereabouts unknown | Warrant issued for arrest, probation revocation proceedings, full execution of the original sentence, additional charges for absconding may apply |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
Probation and parole are both forms of community supervision in Tennessee, but they differ in key ways. Probation is imposed by a judge at sentencing as an alternative to incarceration, while parole is granted by the Board of Parole after an offender has served a portion of a prison sentence. Probation officers are employed by county offices or the Tennessee Department of Correction, while parole is supervised by the Board of Parole. Probation conditions are set by the sentencing court, while parole conditions are set by the Parole Board. Violating probation can result in the original sentence being imposed, while parole violations can result in return to prison for the remainder of the sentence.
Frequently Asked Questions
- How long does probation last in Tennessee?
- Probation length varies by offense. Misdemeanors carry a maximum of 11 months and 29 days. Felony probation terms vary by class and typically match the sentence length, ranging from 1 to 8 or more years. The court sets the specific term at sentencing.
- Can I get off probation early in Tennessee?
- Yes. Under T.C.A. 40-35-308, you may petition the court for early termination after completing at least half your probation term, provided you have complied with all conditions, paid all restitution and fines, and have no pending violations. Your attorney files the petition, and the court decides whether to grant it.
- What happens if I fail a drug test on probation in Tennessee?
- A failed drug test is a probation violation. Your probation officer may issue a warning for a first offense, require you to enter or intensify a substance abuse treatment program, or file a violation warrant. Under recent legislation (SB1977), for a first drug-offense violation of felony probation, the judge must order substance abuse treatment rather than revoking probation.
- Can I travel out of state while on probation in Tennessee?
- Only with advance written permission from your probation officer. You must submit a travel request including your destination, dates, purpose, and where you will be staying. Your probation officer will approve or deny the request based on your compliance and supervision level. Unauthorized travel is a violation.
- What is the difference between probation and Community Corrections in Tennessee?
- Community Corrections is a more intensive form of community supervision intended for offenders who would otherwise be incarcerated. It typically includes electronic monitoring (GPS/ankle monitor), strict curfews, more frequent reporting, and rigorous drug testing. Standard probation is less restrictive and designed for lower-risk offenders.
- What are the consequences of violating probation in Tennessee?
- Consequences range from a warning or modified conditions for minor technical violations to full revocation and incarceration for serious or repeated violations. The court may impose graduated sanctions including increased supervision, additional community service, mandatory treatment, short-term jail time, or execution of the original suspended sentence.
- Can I own a firearm while on probation in Tennessee?
- If you are on felony probation, you are prohibited from possessing firearms under both Tennessee and federal law. This restriction applies even after probation ends for those with felony convictions, unless your rights are restored through a pardon or expungement. Misdemeanor probationers may retain firearm rights unless the court specifically restricts them.
- What is judicial diversion in Tennessee?
- Judicial diversion allows eligible first-time offenders to have their charges dismissed upon successful completion of a probationary period. The court defers further proceedings and places the defendant on probation. If all conditions are met, the charges are dismissed and the record may be expunged. It is not available for DUI, sexual offenses, or certain other crimes.
- How much does probation cost in Tennessee?
- Probation fees in Tennessee typically include a monthly supervision fee (often $45-$50 per month for supervised probation), plus court costs, fines, and restitution. Additional costs may include drug testing fees, treatment program costs, electronic monitoring fees, and community service-related expenses. Fee waivers may be available for those who demonstrate financial hardship.
- Can my probation be extended in Tennessee?
- Yes. If you violate the conditions of your probation, the court may extend your probation term beyond the original period. The court may also modify your conditions to add more restrictive requirements. Extensions are typically imposed when the court finds a violation but decides not to revoke probation entirely.
Take Action — Direct Links
- Tennessee Department of Correction - Community Supervision
Official state resource for information on probation, parole, and community supervision in Tennessee, including types of release and supervision requirements.
- Tennessee Code Annotated 40-35-303 - Probation Eligibility and Terms
The full text of Tennessee's probation statute covering eligibility, terms, and conditions of probation.
- Tennessee Board of Parole
Information about parole in Tennessee, including hearing schedules, parole conditions, and how parole differs from probation.
- Probation Information Network - Tennessee
Community resource providing plain-language information about Tennessee probation restrictions, travel rules, and common conditions.
- Tennessee Legal Aid - Free Legal Help
Free legal assistance for low-income Tennesseans who may need help understanding or navigating their probation conditions, filing for early termination, or addressing violations.