What Are the Penalties for Violating Parole in Tennessee?

When you are let out of prison on parole, it is under the assumption that you will abide by certain conditions. Violating your parole can result in harsh consequences and even land you back in prison. If you were accused of violating parole, work with a Memphis probation violation lawyer for skilled legal counsel during your hearings.

What Is the Purpose of Parole?

Parole is a form of supervised release that some incarcerated individuals may be eligible for. This essentially allows the early release from prison to serve the remainder of the sentence under close supervision.

It’s important to understand that parole differs from probation, as the two terms are often used incorrectly interchangeably. Probation is a sentence in place of prison, while parole can be achieved after serving time behind bars.

Because parole allows incarcerated individuals to serve the remainder of their sentence outside of prison, violations can be penalized harshly. As such, it is imperative to ensure compliance with the terms of your release.

Why Parole Exists

• Focuses on structured supervision
• Encourages reintegration into the community
• Improves public safety through monitoring
• Helps improvement through conditions like treatment, counseling, and employment

How Does Parole Work in Tennessee

When you are released from prison with parole in Memphis, you are assigned a parole officer. Their job is to monitor your behavior and check in with you regularly to ensure you are following the rules and conditions of your parole as imposed by the Board.

What a Parole Office Does

• Monitors your compliance with the terms and conditions of your parole
• May conduct random compliance checks
• Schedules check-ins
• Documents suspected parole violations
• Can recommend enforcement actions

Common Parole Conditions in Tennessee

The terms and conditions of parole may vary based on the offense you were convicted of. However, some of the most common conditions include:

Reporting and Location Requirements

• Reporting to your parole office as required
• Remaining within the preapproved area boundaries
• Requesting permission before leaving the state

Conduct Restrictions

• Obeying all laws
• Avoiding contact with the victim
• Avoiding interactions with known criminals
• Following all curfews

Employment, Treatment, and Stability

• Maintain improved housing
• Maintain employment or show active effort in seeking work
• Inform your parole office of changes in employment or housing
• Attend counseling as mandated by the court

Monitoring Tools

• Submitting to random drug or alcohol testing
• Submitting to property searches when required by the conditions of your parole

What Counts as a Parole Violation

A person can violate parole by behaving in a way that disregards the above conditions. Keep in mind that everyone’s parole will be customized to their situation, so the specific terms will vary.

Two Main Categories of Parole Violations

It’s important to understand that violations of the terms or conditions of your parole will generally assume one of two forms – technical or criminal violations.

A technical violation occurs when you:

• Miss appointments
• Leave the preapproved boundaries without permission
• Break curfew
• Fail a drug test
• Miss a counseling session
• Are found associating with other criminals

A criminal violation, however, occurs any time you are arrested, charged, or convicted of a separate criminal offense during your parole supervision period.

What Happens if I’m Accused of Violating Parole in Shelby County?

In the event you are accused of violating the terms and conditions of your parole as set by the review board, it’s important to understand what you can expect.

Investigation and Report to Probation/Parole Leadership

• Under TN Code § 40-28-607, your parole officer will document the alleged violation
• The officer will report their findings to the director of the parole board
• The director will then review the severity of the violation

Warrant and Arrest

• If the director determines that you have violated parole in “an important respect,” they may issue a warrant for your arrest
• You may be placed under arrest and detained in the Shelby County jail

Parole Violation Hearing

You will have a hearing where the parole board will examine the evidence and determine whether or not you are in violation of your parole agreement.

What the Board Will Consider

If you are accused of violating your parole, the board will examine the following matters to determine if a violation occurs and, if so, the severity of the offense:

• Your compliance while on parole
• If you pose a safety risk to the public
• The nature of the alleged violation
• Any supporting evidence to show your violation

What Happens if There Was No Violation

• The local review board may determine that you did not violate the conditions of your parole
• You may continue parole under your current terms

Penalties for Violating Parole in Memphis

If you are found in violation, there are a few penalties that you might incur based on the nature and severity of the violation.

Penalties for Technical or Minor Violations

• Conditions of parole will become stricter
• You may be required to report to your officer more frequently
• You may need to participate in mandatory counseling sessions
• You may have a new curfew
• Your parole period may be extended

Penalties for Severe Violations

• Revocation of parole
• Arrest and detention
• Return to prison to serve the remainder of the sentence

Violations That Involve a New Crime

• Possibility of parole revocation
• You may face:
  • Prosecution for a new offense
  • An additional prison sentence for the new offense
  • Separate court process for new offenses

Contact Our Shelby County Criminal Defense Attorneys Today

If you have been accused of violating the terms and conditions of your parole, it’s important to understand that seeking immediate legal counsel is in your best interest. At Ballin, Ballin & Fishman, our dedicated team understands the impact that being accused of a parole violation can have on your life, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you.