(a) Notwithstanding any rule or law to the contrary, the department may impose graduated sanctions.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 40-28-305

  • Community supervision: means :
    (i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part. See Tennessee Code 40-28-301
  • Court: means a court of record having original criminal jurisdiction. See Tennessee Code 40-28-301
  • Department: means the department of correction. See Tennessee Code 40-28-102
  • Graduated sanction: means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools. See Tennessee Code 40-28-301
  • Jurisdiction: (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.
  • Parole: means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 40-28-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation and parole officer: means a person appointed or employed by the department to supervise individuals placed on community supervision. See Tennessee Code 40-28-301
  • Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense. See Tennessee Code 40-28-301
(b) A probation and parole officer intending to impose a graduated sanction shall issue to the supervised individual a notice of the intended sanction. The notice shall inform the supervised individual of the violation or violations alleged, the date or dates of the violation or violations, and the graduated sanction to be imposed.
(c) The imposition of a graduated sanction or sanctions by a probation and parole officer must comport with the system of graduated sanctions adopted by the department under § 40-28-303. Upon receipt of the notice, the supervised individual shall immediately accept the sanction or, if permitted under the system of graduated sanctions, object to the sanction or sanctions proposed by the probation and parole officer. The failure of the supervised individual to comply with a sanction shall constitute a violation of probation, parole, or post-release supervision. If the supervised individual objects to the imposition of the sanction or sanctions, when permitted by the system of graduated sanctions, the individual is entitled to an administrative review to be conducted by the department within five (5) days of the issuance of the notice. If the department affirms the recommendation contained in the notice, the sanction or sanctions shall become effective immediately.
(d)

(1) A notice of a graduated sanction may not be issued for any violation of probation or parole that could warrant an additional, separate felony charge or Class A misdemeanor charge.
(2) Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test.
(e) Upon successful completion of a graduated sanction or sanctions, a court shall not revoke the term of community supervision or impose additional sanctions for the same violation. Notwithstanding this subsection (e), a court may consider an individual’s supervision and sanctions history when adjudicating subsequent violations.
(f) The department shall regularly provide notice of sanctions imposed upon probationers to the sentencing court and the prosecutor’s office for each jurisdiction.
(g) If a probation and parole officer imposes a graduated sanction, the officer shall:

(1) Deliver a copy of the sanction to the supervised individual; and
(2) Note the date of delivery of the copy in the supervised individual’s file.
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