(a) (1) Any county, metropolitan form of government or municipality may, by a two-thirds () vote of the legislative body, choose to establish a community notification system whereby certain residences, schools and child-care facilities within the county, metropolitan form of government or municipality are notified when a person required to register pursuant to this part as a sexual offender or violent sexual offender resides, intends to reside, or, upon registration, declares to reside within a certain distance of such residences, schools and child-care facilities. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. (b) Forms of notification a county, metropolitan form of government or municipality may elect to establish include: (1) Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence; (2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area; (3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender; (4) Publicizing the notice in a local newspaper, or posting electronically, including the internet; (5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or. hand. The jury may also access a fine of no more than three thousand dollars. Meet family responsibilities, including supporting their dependents. Some jurisdictions require a state-issued ID, such as a drivers license, to be labeled to identify the holder as a registered sex offender. The defendant must perform community service. Notify the probation officer of being arrested or questioned by law enforcement within 72 hours of the occurrence. If the Requirements and restrictions are often placed on registered sex offenders. Northeastern Division: Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi and Washington Counties. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you were sentenced unless the probation officer instructs you to report to a different probation office or within a different time frame. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 32 counties must be approved in advance by your U.S. This label could be the words Sex Offender printed on the ID in a prominent place or a more subtle designation known to law enforcement. 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. Willful failure to pay the supervision fee imposed by this subsection (i) to the supervising entity shall be grounds for revocation of probation and the supervising entity shall report all instances of nonpayment to the sentencing court. Probation Office Eastern District of Tennessee, Compare Sex Offender Registry Requirements in Other States, Find a Lawyer Near You Who Specializes in SOR Removal. Truthfully answer the probation officers inquiries and follow their instructions. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. Under the repeat violent offender law (or three strikes law), an offender who commits a third "violent offense" (listed in statute) faces a life sentence without the possibility of parole. Probation shall be granted, if at all, at the time of the sentencing hearing except for sentences served in a local jail or workhouse, or except during the time a defendant sentenced to the department of correction is being housed in a local jail or workhouse awaiting transfer to the department as provided in 40-35-212(d). It depends on the state, and how long the registrant will be there. In the Middle District of Tennessee, the offender must: The Eastern District of Tennessee comprises 41 counties in four divisions. An offender on probation is permitted to travel within these counties, but not outside of them unless they have first obtained permission from their probation officer or the court. 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. It lets the individual stay in the community, as long as they adhere to the requirements of their probation and remain supervised by a probation officer. endobj who have been arrested and convicted for violent felonies are not We've helped 95 clients find attorneys today. However, if a probationer cannot afford all or part of the supervision fee, the probationer may go before the court placing the defendant on probation and petition that it be waived or reduced. The law prohibits parole for identified violent offenses and sex offenses. (2) Felony. Probation is an option only for offenders whose sentence doesn't exceed 10 years. The imposed sentence represents the longest amount of time a person can spend in prison. The FOIL app can be found under the Public Safety tab. x4UZ,Lmp8f%|- Zx4Es\@rB )-uK{(d~ZB!>S&JlggxG""-[;Z+V)jZ A) HyX*e \!r{"Bu1^0%/P]+ 'ZUJT2EBD(IW^9pbW9't0he,h6txN+Fe[NF0bahw30/*,$xo Unless you are given permission in advance by the judge in your case, any requests to travel outside of these twenty-two counties must be approved in advance by your U.S. The defendant shall not leave the judicial district without the permission of the court or probation officer. NASHVILLE, Tenn. (WKRN) The Tennessee 113th General Assembly has passed a number of laws related to criminal offenses that will take effect at the . Who successfully completes at least forty (40) hours of appropriate in-service training each year. PDF Understanding Probation in Tennessee Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting. The probation officer may contact the person and confirm that you have notified the person about the risk. 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. How long does a felony stay on your record? Restrictions on alcohol, drugs or weapons. 2 0 obj The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. Most juvenile records are able to be expunged if the individual was This criminal justice statute allows an offenders probation to be revoked if they commit a violation of terms of their probation like those listed above. The defendant shall support his or her dependents and meet other family responsibilities. Conviction: A judgement of guilt against a criminal defendant. 4 0 obj A defendant shall also be eligible for probation pursuant to 40-36-106(e)(3). Refrain from entering into an agreement to act as an agent or informer for law enforcement without the courts permission. are death and life imprisonment. A judge can order any sentence term within the above ranges. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. Some jurisdictions restrict registrants from living within a measured distance of certain places. A supervision contract authorized by this section shall be between the private provider and the department. endobj The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court. The cost of the contract services shall be paid by the appropriate state or local entity to the department or the local jail or workhouse. Does a sex offender have to register if they visit a different state? 1. (a) (1) While mandated to comply with the requirements of this chapter, no sexual offender, as defined in 40-39-202, or violent sexual offender as defined in 40-39-202, shall knowingly establish a primary or secondary residence or any other living accommodation or knowingly accept employment within one thousand feet (1,000) of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center, or public athletic field available for use by the general public. Restrictions for Tennessee - PROBATION INFORMATION NETWORK Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Case law: The law as laid down in cases that have been decided in the decisions of the courts. sentence up to six years and no less than one year in a state facility. person would serve twenty-seven years of imprisonment for the crimes at The process requires the defendant to petition the court and pay a fee. You must live at a place approved by the probation officer. Notify the probation officer of any change in residence or employment at least 10 days before it occurs. (18) Secondary residence means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence; for a person whose primary residence is not in this state, a place where the person is employed, practices a vocation or is enrolled as a student for a period of fourteen (14) or more days in the aggregate during any calendar year; or a place where the person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and that is not the person's primary residence, including any out-of-state address; (32) Within forty-eight (48) hours means a continuous forty-eight-hour period, not including Saturdays, Sundays or federal or state holidays. Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements. The jury may also implement a fine of no more than fifty thousand The recidivism rate of the felony probationers supervised by the private provider under a contract authorized by this subsection (p). Probation Officer. This also These range from capital crimes to minor misdemeanors. Tennessee Code 40-35-303 (2021) - Probation - Justia Law They are: A person on probation in the Eastern District cannot leave the area without verbal or written permission from their probation officers. Tennessee Code 40-28-122 (2021) - Hearings on Parole Violations Article II. <> Do you or a loved one need legal help? As part of your probation, you must comply with the following standard conditions of supervision. Probation conditions vary depending on the severity of the charge and its location Tennessee's supervised release conditions and requirements differ slightly among the Western District, Middle District and Eastern District of the state. What are the reasons for denying parole? Without a doubt, being sentenced to probation is certainly preferable to a lengthy term of incarceration. Probation is sometimes given to first-time offenders, or those who have committed non-violent crimes. These felonies can have a prison If the offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy the requirements of this section and 55-50-353; such identification must be kept in the offender's possession at all times. circumstances can keep a juvenile expungement from being accepted. Read on to learn how judges determine and impose felony sentences and how parole works in Tennessee. Standard probation conditions include: obey all laws. Conditions of parole, however, remain in effect until the parolee's sentence term is complete (minus any good-time credits earned). 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). Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. If notifying the probation officer at least 10 days 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. A probation officer shall also have the authority to bring probationers before the court when directed by the court to do so. Standard offenders fall under Range I penalties. Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). Refrain from going to places where the sale, distribution or administration of illegal controlled substances occurs. You must follow the instructions of the probation officer related to the conditions of supervision. Like other Meet their family responsibilities including supporting their dependents. capital crimes. Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country.
