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What pretrial diversion or drug court programs exist in Tennessee?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Tennessee distinguishes prosecutorial pretrial diversion (PD) from judicial diversion (JD) and operates Recovery Court statewide.

1. Pretrial Intervention / Diversion (DA-Run). T.C.A. § 40-15-105 authorizes the DA to enter a memorandum of understanding suspending prosecution for up to 2 years for non-violent, non-Class A/B felony, first-time defendants. Successful completion = dismissal and automatic expungement (§ 40-15-106). DA denial reviewable for abuse of discretion.

2. Statutory Deferred Adjudication / Judicial Diversion. T.C.A. § 40-35-313 (Judicial Diversion) lets the court defer findings after guilty plea; probation up to maximum sentence; dismissal and expungement on completion. Available for first-time non-Class A felonies and most misdemeanors.

3. Recovery Court (Drug Court). T.C.A. § 16-22-101 to -119 establish Recovery Courts (formerly Drug Courts); Department of Mental Health and Substance Abuse Services certifies them; 60+ statewide.

4. Veterans Treatment Court. T.C.A. § 16-22-201 to -212 authorize Veterans Treatment Courts.

5. Mental Health Court. T.C.A. § 16-22-301 to -312 authorize Mental Health Treatment Courts; coordinates with TDMHSAS.

6. DUI Court. Recovery Court statute encompasses DUI tracks; ignition interlock under § 55-10-417.

7. Youthful Offender. T.C.A. § 37-1-131 (juveniles); no separate young-adult diversion statute.

8. First-Time-Offender Statute. Expungement under T.C.A. § 40-32-101; PD and JD completions yield automatic expungement.

9. Effects. PD and JD completions = no conviction and expungement. Federal databases not erased.

10. Federal Pretrial Diversion. 18 U.S.C. § 3154; EDTN, MDTN, WDTN operate PTD.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • The DA denied you Pretrial Diversion under § 40-15-105 and you want to seek certiorari review
  • You want to negotiate Judicial Diversion under § 40-35-313 with maximum sentence cap
  • You need entry into Recovery Court for a drug-related felony
Related Statutes & Laws
  • T.C.A. § 40-15-105
  • T.C.A. § 40-35-313
  • T.C.A. § 16-22-101
  • T.C.A. § 40-32-101

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.