Tennessee Code Annotated
Tenn. Code Ann. § 40-35-308 (2026)
Modification, removal or release from conditions of probation - Extension of period of probation supervision
✓ current as of May 2026
- (a) During the term of probation supervision, the sentencing court, on its own motion, or on application of a probation and parole officer, district attorney general or the defendant, may:
- (1) Modify any condition;
- (2) Remove a condition; or
- (3) Release the defendant from further supervision; provided, that release from supervision shall not discharge the defendant from the remainder of the sentence, and the defendant shall remain within the jurisdiction and authority of the sentencing court until the sentence fully expires. During this period, the defendant's probation is subject to revocation.
- (b) The court may not make the conditions of supervision more onerous than those originally imposed, except pursuant to a revocation proceeding as provided by law.
- (c)
- (1) Notwithstanding the actual sentence imposed under § 40-35-303(c), at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for a period not exceeding one (1) year upon determining on the record that:
- (A) The defendant has repeatedly and intentionally failed to comply with court-ordered treatment programming;
- (B) The defendant has intentionally violated the conditions of probation regarding contact with the victim or the victim's family; or
- (C) The defendant has intentionally failed to comply with restitution orders despite having the ability to pay the restitution owed, and extending the period of probation would be more effective than other available options to ensure that the defendant pays the remaining amount of restitution owed.
- (2) For each subsequent determination that the defendant has violated a provision or provisions of subdivision (c)(1), the court may extend probation for an additional period not exceeding one (1) year.
- (1) Notwithstanding the actual sentence imposed under § 40-35-303(c), at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for a period not exceeding one (1) year upon determining on the record that:
Amended by 2021 Tenn. Acts, ch. 409, s 21, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43.
Notes of Decisions
Cited in 380
cases (93 in the last 5 years), 1986–2026 · leading case: State v. Hunter, 1 S.W.3d 643 (Tenn. 1999).
State v. Hunter, 1 S.W.3d 643 (Tenn. 1999). “Tenn.Code Ann. § 40-35-308(Sentencing Commission Comments).”
State v. Malone, 928 S.W.2d 41 (Tenn. Crim. App. 1995). “In conflict with Tenn.Code Ann. § 40-35-308; and 3. In violation of the double jeopardy clause of the federal and Tennessee constitutions.”
State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “Another option, as described in Tennessee Code Annotated section 40-35-308(b), is for the court to impose conditions of supervision more onerous than the original probationary rules.”
Powers v. State, 942 S.W.2d 551 (Tenn. Crim. App. 1996). “After reviewing the record, we must conclude that none of the statutory provisions extending the jurisdiction of the trial court to modify the appellant’s sentence in a manner more onerous than that originally imposed are applicable in this case, including Tenn.Code Ann. §…”
State v. Jackson, 60 S.W.3d 738 (Tenn. 2001). “1999) (holding that at the conclusion of a probation revocation hearing, a trial court could either commence execution of the judgment as it was originally entered, crediting only time served in confinement, or modify the defendant’s conditions of supervision and extend his…”
State v. Merriweather, 34 S.W.3d 881 (Tenn. Crim. App. 2000). “See Tenn.Code Ann. § 40-35-308(b). Those proceedings are set out in Section 40-35-311, as quoted above.”
State v. Moore, 814 S.W.2d 381 (Tenn. Crim. App. 1991). “However, a reading of these various laws and rule indicates that the only jurisdiction to amend a sentence in a manner more onerous than that initially imposed stems from probation violations, T.C.A. §§ 40-35-308(b), -310 and -311, violations of jail or workhouse rules, T.”
State v. Bowling, 958 S.W.2d 362 (Tenn. Crim. App. 1997). “See T.C.A. § 40-35-308. In this case, the defendant initially received a ten-year sentence in the Department of Correction.”
State v. Langston, 708 S.W.2d 830 (Tenn. 1986). “*831 The State argued in the trial court that T.C.A., § 40-35-308, rendered the defendant ineligible for consideration for probation because the total term of imprisonment resulting from the multiple convictions was twelve years and thus that the “sentence actually imposed” was…”
State of Tennessee v. Terry Lin Johnson (Tenn. Crim. App. 2020). “After revoking a defendant’s probation, the trial court is authorized to order a defendant to serve the balance of his original sentence in confinement, return a defendant to probation with modified conditions as necessary, or extend the period of probation by no more than two…”
State of Tennessee v. Felicia Murphy (Tenn. Crim. App. 2004). “” Tenn. Code Ann. § 40-35-308 (c); see also State v.”
State of Tennessee v. Brandon L. Brawner (Tenn. Crim. App. 2014). “If the trial court finds by a preponderance of the evidence that the defendant has violated the conditions of probation, the court is granted the authority to: (1) order confinement; (2) order execution of the sentence as originally entered; (3) return the defendant to probation…”
— Tenn. Code Ann. § 40-35-308(C) — 2 cases
State of Tennessee v. Hyman E. Miller (Tenn. Crim. App. 2010).
State of Tennessee v. David L. Baker (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-308(a) — 137 cases
State of Tennessee v. Tommy Tyrell Johnson (Tenn. Crim. App. 2017).
State of Tennessee v. Gregory T. Phelps (Tenn. Crim. App. 2017).
State of Tennessee v. Kendall J. Summers (Tenn. Crim. App. 2017).
State of Tennessee v. Leonard B. Casteel (Tenn. Crim. App. 2020).
State of Tennessee v. Jeremy Lee Carter (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 40-35-308(a)(1) — 1 case
State of Tennessee v. Hyman E. Miller (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-308(a)(2) — 1 case
State of Tennessee v. Leonard Giles, Jr. (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-35-308(b) — 10 cases
State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “Another option, as described in Tennessee Code Annotated section 40-35-308(b), is for the court to impose conditions of supervision more onerous than the original probationary rules.”
Powers v. State, 942 S.W.2d 551 (Tenn. Crim. App. 1996). “After reviewing the record, we must conclude that none of the statutory provisions extending the jurisdiction of the trial court to modify the appellant’s sentence in a manner more onerous than that originally imposed are applicable in this case, including Tenn.Code Ann. §…”
State v. Moore, 814 S.W.2d 381 (Tenn. Crim. App. 1991). “However, a reading of these various laws and rule indicates that the only jurisdiction to amend a sentence in a manner more onerous than that initially imposed stems from probation violations, T.C.A. §§ 40-35-308(b), -310 and -311, violations of jail or workhouse rules, T.”
State v. Merriweather, 34 S.W.3d 881 (Tenn. Crim. App. 2000). “See Tenn.Code Ann. § 40-35-308(b). Those proceedings are set out in Section 40-35-311, as quoted above.”
State of Tennessee v. Desiree Petty (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 40-35-308(c) — 51 cases
State v. Hunter, 1 S.W.3d 643 (Tenn. 1999). “Tenn.Code Ann. § 40-35-308(Sentencing Commission Comments).”
State v. Merriweather, 34 S.W.3d 881 (Tenn. Crim. App. 2000). “See Tenn.Code Ann. § 40-35-308(b). Those proceedings are set out in Section 40-35-311, as quoted above.”
State of Tennessee v. Terry Lin Johnson (Tenn. Crim. App. 2020). “After revoking a defendant’s probation, the trial court is authorized to order a defendant to serve the balance of his original sentence in confinement, return a defendant to probation with modified conditions as necessary, or extend the period of probation by no more than two…”
State of Tennessee v. Glen Edward Miller (Tenn. Crim. App. 2023).
State of Tennessee v. Steven Chance (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-308(c)(1) — 16 cases
State of Tennessee v. Kadrean J. Brewster (Tenn. Crim. App. 2022).
State of Tennessee v. Cody W. Bales (Tenn. Ct. App. 2022).
State of Tennessee v. Nicholas J. Walden (Tenn. Crim. App. 2022).
State of Tennessee v. Nicholas J. Walden (Tenn. Crim. App. 2022).
State of Tennessee v. Misty Paul (Tenn. Crim. App. 2024).
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