40-35-308 - Modification, removal or release from conditions of probation. - Tennessee Statutes

40-35-308. Modification, removal or release from conditions of probation.

(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)  Notwithstanding the actual sentence imposed, at the conclusion of a probation revocation hearing, the court shall have the authority to extend the defendant's period of probation supervision for any period not in excess of two (2) years.

[Acts 1989, ch. 591, § 6; 1998, ch. 1049, § 43.]