Panel probes difference between "technical" and "non-technical" probation violations amid statutory changes
During argument the bench and counsel discussed how Tennessee's technical/non-technical probation framework works after statutory changes, whether absconding must be alleged in the warrant or supervision history to be non-technical, and the guidance (non-statutory matrix) courts use in practice.
The full story
The panel spent part of oral argument focusing on the distinction between a "technical" probation violation and a non-technical violation that would justify full revocation. Defense counsel pointed to the statutory language in 40-35-3-11 and to cases addressing the issue; the bench observed that the sanctioning 'matrix' judges consult is not itself statutory and that applying the new framework has produced "growing pains." "I just think that there's some growing pains with that particular statute. I've seen this a lot," one judge said.
Sign up to keep reading.
Your free newsletter brings you what your city council, county, and school board discussed and decided.
Keep reading for free
Create a free account to finish this story and see the video, transcript and key details.
Continue with GoogleContinue with emailAlready have an account? Log in