Tennessee § 40-35-306 - Split confinement — Probation following partial service of sentence.

§ 40-35-306. Split confinement — Probation following partial service of sentence.

A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense. A violation of the terms of probation or of the rules of the institution where the defendant is confined shall authorize the court to revoke the sentence of split confinement and impose a sentence in a local jail or workhouse or, unless prohibited by § 40-35-104(b), in the department of correction. The imposed sentence shall not exceed the remainder of the full sentence. At any time during the period of continuous confinement ordered pursuant to this section, the defendant may apply to the sentencing court to have the balance of the sentence served on probation supervision. The application may be made at no less than two-month intervals. Acts 1989, ch. 591, § 6. Sentencing Commission Comments. This section permits the judge to direct that the defendant be incarcerated for up to one year in the local jail or workhouse followed by a term of probation supervision. This split confinement or “shock probation” is of value in combining both incarceration and rehabilitation as part of a sentencing program. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Certain prisoners in local jails or workhouses, release on work-related programs, § 41-2-147 . Execution of judgment, title 40, ch. 23. Probation, § 40-35-303 . Probation, paroles, and pardons, title 40, ch. 28. Release eligibility, § 40-35-501 . Release privileges, title 41, ch. 21, part 7. Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Rule Reference. This section is referred to in the Advisory Commission Comments under Rule 35 of the Tennessee Rules of Criminal Procedure. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.191, 32.198, 32.122, 32.256.