Tennessee § 40-35-307 - Probation coupled with periodic confinement.

§ 40-35-307. Probation coupled with periodic confinement.

A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense. If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify: The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and The days or parts of days the defendant is to be confined. The court may include in the judgment of conviction suitable provisions to the officer to whose custody the defendant is committed as will ensure that the defendant will be allowed to serve the sentence on nonconsecutive days which may include, but are not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the sentencing court until the period of probation begins. The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the defendant in any local jail or workhouse shall adopt procedures for the release of the defendant at the time specified in the order of judgment and for receiving the defendant back into custody at the specified times. Willful failure of the official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally. Failure of the defendant to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the defendant's safekeeping in the local jail or workhouse within the time specified in the order of judgment constitutes grounds for the revocation or modification of probation in the discretion of the court. The defendant may elect to serve the defendant's entire sentence of confinement on consecutive days; provided, that a failure to comply with subsection (c) or (d) shall give the court the authority, upon a finding of a violation, to impose a sentence of continuous confinement in a local jail or workhouse or, unless prohibited by § 40-35-104(b), in the department of correction for the remainder of the full sentence originally imposed. At any time during the period of periodic confinement, the defendant may apply to have the balance of the periodic confinement sentence served on probation without further confinement. The application may be made at no less than two-month intervals. Acts 1989, ch. 591, § 6. Sentencing Commission Comments. In some instances, the court may desire to impose some period of incarceration followed by a term of probation. This section permits such incarceration on alternative periods of time, such as, for example, every other weekend. If the court chooses to impose continuous confinement rather than on alternate days, or weeks, such is available under § 40-35-306 . 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 . Contempt of court, title 29, ch. 9. Execution of judgment, title 40, ch. 23. Probation, pardons and paroles, title 40, ch. 28. 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, 32.199, 32.256.