Tennessee Code Annotated
Tenn. Code Ann. § 40-35-306 (2026)
Split confinement - Probation following partial service of sentence
✓ current as of May 2026
- (a) 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.
- (b) 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.
- (c) 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.
Notes of Decisions
Cited in 139
cases (7 in the last 5 years), 1994–2026 · leading case: State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006).
State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006). “§ 40-35-306(c) (2003). Defendants may make such applications “at no less than two-month intervals.”
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “” See Tenn.Code Ann. § 40-35-306 (2006), Sentencing Comm’n Cmts.”
State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “Tenn.Code Ann. § 40-35-306 (2003) (emphasis added).”
State v. Sutton, 166 S.W.3d 686 (Tenn. 2005). “See Tenn.Code Ann. § 40-35-306(a) (2003).”
Shorts v. Bartholomew, 255 F. App'x 46 (6th Cir. 2007). “The court imposed “split confinement” sentences for each of the ten counts,1 pursuant to Tenn. Code Ann. § 40-35-306 (a), ordered that the sentences run concurrently, and granted credit for time served.”
State of Tennessee v. Jonathan David Patterson, 564 S.W.3d 423 (Tenn. 2018). “We note, however, that while our holding herein repudiates the dicta of Ruiz , we have not disturbed its primary holding that defendants seeking suspension of sentences under Tennessee Code Annotated section 40-35-306(c) must establish that "post-sentencing information or…”
State v. Lane, 3 S.W.3d 456 (Tenn. 1999). “Tenn.Code Ann. § 40-35-313(a)(2)(b)(Supp.”
State v. Ball, 973 S.W.2d 288 (Tenn. Crim. App. 1998). “Tenn.Code Ann. § 40-35-303(a), (b). A sentence of split confinement involves the grant of probation after the partial service of a sentence.”
State v. Dowdy, 894 S.W.2d 301 (Tenn. Crim. App. 1994). “The trial court sentenced the offender to a term of “split confinement,” which is defined by Tenn.Code Ann. § 40-35-306. It is for this reason that the principal cases upon which the appellant relies are not applicable here.”
State v. Clifton, 880 S.W.2d 737 (Tenn. Crim. App. 1994). “It notes that the Sentencing Commission Comments to T.C.A. § 40-35-306 speak of split confinement or “shock probation” as a valuable means of combining both incarceration and rehabilitation.”
State v. Stone, 880 S.W.2d 746 (Tenn. Crim. App. 1994). “See T.C.A. §§ 40-35-306 and -307 (1982) [repealed].”
State v. Bolling, 75 S.W.3d 418 (Tenn. Crim. App. 2001). “See Tenn.Code Ann. § 40-35-306(2) (1997). The record in this case, however, demonstrates that the presumption of favorable candidacy was soundly rebutted by the defendant’s history of repeated lawless behavior, particularly as regards prior gambling offenses.”
— Tenn. Code Ann. § 40-35-306(2) — 6 cases
State v. Bolling, 75 S.W.3d 418 (Tenn. Crim. App. 2001). “See Tenn.Code Ann. § 40-35-306(2) (1997). The record in this case, however, demonstrates that the presumption of favorable candidacy was soundly rebutted by the defendant’s history of repeated lawless behavior, particularly as regards prior gambling offenses.”
State of Tennessee v. Kerry D. Hewson (Tenn. Crim. App. 2005).
State of Tennessee v. Johnny Royston, Jr. (Tenn. Crim. App. 2005).
State of Tennessee v. Jimmy Ray Dockery (Tenn. Crim. App. 2004).
State of Tennessee v. Richard Eugene Thompson (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-306(A) — 1 case
State of Tennessee v. Adrian Patterson (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-35-306(a) — 34 cases
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “” See Tenn.Code Ann. § 40-35-306 (2006), Sentencing Comm’n Cmts.”
State v. Sutton, 166 S.W.3d 686 (Tenn. 2005). “See Tenn.Code Ann. § 40-35-306(a) (2003).”
State of Tennessee v. Jackie L. Dozier (Tenn. Crim. App. 2010).
State of Tennessee v. George Steven Waters (Tenn. Crim. App. 2022).
State of Tennessee v. Dwaylan Dupree House (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-306(a)(3) — 1 case
State of Tennessee v. Kellom Timbs (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 40-35-306(b) — 1 case
Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “” See Tenn.Code Ann. § 40-35-306 (2006), Sentencing Comm’n Cmts.”
— Tenn. Code Ann. § 40-35-306(c) — 11 cases
State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006). “§ 40-35-306(c) (2003). Defendants may make such applications “at no less than two-month intervals.”
State of Tennessee v. Jonathan David Patterson, 564 S.W.3d 423 (Tenn. 2018). “We note, however, that while our holding herein repudiates the dicta of Ruiz , we have not disturbed its primary holding that defendants seeking suspension of sentences under Tennessee Code Annotated section 40-35-306(c) must establish that "post-sentencing information or…”
State of Tennessee v. Charles Montague (Tenn. Crim. App. 2019).
State of Tennessee v. Charles E. May, Jr. (Tenn. Crim. App. 2014).
David Scott Winfrey v. State of Tennessee (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-306(e) — 1 case
State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006). “§ 40-35-306(c) (2003). Defendants may make such applications “at no less than two-month intervals.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.