Public Chapter 222


By Fowler, Elsea, McNally, Atchley, Person, Gilbert, Jordan, Koella, Haun, Carter, Ramsey, Leatherwood, Miller, Williams

Substituted for: House Bill No. 1265

By Westmoreland, Davis, Haley, Hargett, Pleasant, McDaniel, Stamps, Walley, Ford, Wood, Patton, Kerr, Beavers, Kent, Bird, Clabough, McKee, Newton, Scroggs, Godsey,

Halteman Harwell, Goins, Walker, McAfee, Mumpower, Roach, Boyer, Bittle

AN ACT Relative to the special alternative incarceration unit program and to amend Tennessee Code Annotated, Title 40, Chapter 20.


SECTION 1. Tennessee Code Annotated, Title 40, Chapter 20, is amended by adding a new part thereto consisting of Sections 2 through 4, inclusive, of this act.

SECTION 2. Notwithstanding any other provision of law to the contrary, in the event that an offender receives a suspension of sentence, has that suspension of sentence revoked for reasons other than the commission of a new felony offense, and is committed to the department of correction, the department shall have the authority to place the offender in a special technical violator unit in lieu of confinement in a regular state penal facility unless the court specifies otherwise in the order of revocation. If the court specifically prohibits the placement of an offender in a special technical violator unit, the court shall make findings of fact and state the reasons for its decision in the order of revocation. In such unit the offender shall, at a minimum, be required to participate for a period of one hundred twenty (120) days in an intensive regimen of work and available treatment programs in accordance with policies and procedures established by the department.

SECTION 3. No offender shall be placed in a special alternative incarceration unit unless and until the offender has been classified by the department as a suitable candidate for such a program in accordance with departmental policies and guidelines.

SECTION 4. Notwithstanding any other provision of the law to the contrary, upon successful completion of a technical violator program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to 40-35-311.

SECTION 5. This act shall take effect upon becoming a law, the public welfare requiring it.