Overview
Probation and parole are two forms of community supervision in Tennessee that allow individuals to serve all or part of their sentences outside of jail or prison. While both options involve oversight and specific conditions, they differ in how and when they are granted, who supervises them, and eligibility requirements under Tennessee law12358.
Key Differences Between Probation and Parole
| Feature | Probation | Parole |
|---|---|---|
| When Granted | Instead of incarceration, as part of the original sentence | After serving a portion of a prison sentence |
| Authority | Ordered and supervised by the sentencing court and probation officers | Granted by the Tennessee Board of Parole, supervised by parole officers |
| Eligibility | Determined by the judge at sentencing, usually for less serious offenses | Determined by the Board of Parole after inmate serves required portion of sentence |
| Law | Tenn. Code Ann. §§ 40-35-303, 40-35-104, 40-35-303 | Tenn. Code Ann. §§ 40-28-117, 40-35-501, 40-28-105 |
Probation is typically available for non-violent or first-time offenders and is granted at the discretion of the sentencing judge. Parole, on the other hand, is a conditional release from prison after serving part of a sentence and is determined by the Tennessee Board of Parole.
Probation in Tennessee
Statutory Authority:
- Tenn. Code Ann. §§ 40-35-303, 40-35-104
How It Works:
Probation allows a convicted individual to remain in the community under supervision instead of serving time in jail or prison. The court sets the length and conditions of probation at sentencing. Judges consider factors such as the nature of the offense, the defendant’s criminal history, social background, and potential for rehabilitation (Tenn. Code Ann. § 40-35-103; State v. Souder, 105 S.W.3d 602, 607 (Tenn. Crim. App. 2002)).
Eligibility:
- Most misdemeanors and many felonies are eligible, but violent and repeat offenders may be excluded.
- Judges may deny probation to protect society, deter others, or if less restrictive measures have failed (Tenn. Code Ann. § 40-35-103).
Parole in Tennessee
Statutory Authority:
- Tenn. Code Ann. §§ 40-28-117, 40-35-501
How It Works:
Parole is granted by the Tennessee Board of Parole to inmates who have served a statutory minimum portion of their sentence. The Department of Correction calculates parole eligibility, and the Board holds hearings to determine if release is appropriate.
Eligibility:
- Most felons become eligible after serving a percentage of their sentence (often 30% for non-violent crimes, but this varies by offense and offender classification; see Tenn. Code Ann. § 40-35-501).
- Some offenses, especially violent crimes, may be excluded from parole eligibility or have longer required service periods.
Conditions of Probation and Parole
Both probationers and parolees must comply with strict conditions, including but not limited to:
- Regular reporting to a probation or parole officer
- Maintaining employment or actively seeking work
- Obeying all laws and avoiding further criminal conduct
- Refraining from contact with certain individuals (e.g., victims)
- Submitting to drug or alcohol testing
- Completing court-ordered treatment or counseling
- Paying restitution and court costs
Additional or special conditions may be imposed depending on the offense and the individual’s circumstances (Tenn. Code Ann. §§ 40-35-303, 40-28-117).
Violations and Consequences
Violating the terms of probation or parole can result in:
- Extension of supervision period
- Additional conditions or increased supervision
- Revocation of probation or parole and incarceration for the remainder of the sentence (Tenn. Code Ann. §§ 40-35-311, 40-28-122)
The sentencing court handles probation violations, while the Board of Parole handles parole violations.
Summary Table
| Aspect | Probation (Tenn. Code Ann. § 40-35-303) | Parole (Tenn. Code Ann. § 40-28-117, § 40-35-501) |
|---|---|---|
| Granted by | Sentencing court | Board of Parole |
| When available | At sentencing, as alternative to jail/prison | After serving required portion of prison sentence |
| Supervised by | Probation officer | Parole officer |
| Violations handled by | Sentencing court | Board of Parole |
Need Help with Probation or Parole in Tennessee?
Understanding your rights and obligations under probation or parole is vital. If you are facing charges or have questions about supervision, the attorneys at MJ Law can help you navigate Tennessee’s complex system and advocate for your best interests.