Tennessee Code Annotated

Tenn. Code Ann. § 40-35-307 (2026)

Probation coupled with periodic confinement

✓ current as of May 2026

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(a) 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.

(b) If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify:
- (1) 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
- (2) The days or parts of days the defendant is to be confined.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

Notes of Decisions

Cited in 18 cases, 1996–2019 · leading case: Herrera v. Herrera, 944 S.W.2d 379 (Tenn. Ct. App. 1996).

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Herrera v. Herrera, 944 S.W.2d 379 (Tenn. Ct. App. 1996). · cites it 6× “Such a sentence violates T.CA § 40-35-307 which provides in relevant part: (b) If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify: (1) The total number of months or days to be served in periodic confinement, which shall not…”

State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). · cites it 4× “” Tenn.Code Ann. § 40-35-307(b)(1) (2003). In the alternative, the defendant argues that the trial court abused its discretionary authority by revoking probation based upon the facts and circumstances of the original offense.”

Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). · cites it 6× “” Tenn.Code Ann. § 40-35-307, Sentencing Comm'n Cmts.”

Shorts v. Bartholomew, 255 F. App'x 46 (6th Cir. 2007). · cites it 4× “Shorts, on the other hand, contended that the defendants’ legal duty arose from Tenn. Code Ann. § 40-35-307 (d), not § 40-35-501(o).”

State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006). · cites it 2× “Similarly, section 40-35-307(f) (2003) provides for the possibility of suspension of the balance of a sentence of periodic confinement.”

Charles Montague v. State of Tennessee (Tenn. Crim. App. 2019). · cites it 2× “Code section 41-2-147 contains the provision that allows “reduction of the prisoner’s sentence in the following manner: for each one (1) day worked on such duties by the prisoner the sentence shall be reduced by two (2) days,” but it is limited in application to “any person…”

State of Tennessee v. Timothy James Coley (Tenn. Crim. App. 2013). · cites it 2× “– (a) The sheriff or administrative authority having responsibility for the custody of any person sentenced to a local jail or workhouse pursuant to the provisions of former § 40-35-302 [repealed], § 40-35-306 [repealed], § 40-35-307 [repealed] or § 40-35-311 [repealed] or…”

State of Tennessee v. Joseph Wells (Tenn. Crim. App. 2012). · cites it 2× “The trial court’s reasons for ordering this sentence of probation coupled with periodic confinement, see Tenn. Code Ann. § 40-35-307 (a) (2010), included the Defendant’s having failed a drug test that day and the trial court’s finding that the Defendant did not take his crime…”

State v. Vernita Cox (Tenn. Crim. App. 2010). · cites it 2× “T.C.A. § 40-35-307. The defendant has again appealed, complaining that “the trial court improperly refused to place [her] on Community Corrections.”

State of Tennessee v. Kevin Patterson aka John O'Keefe Varner aka John O'Keefe Kitchen (Tenn. Crim. App. 2016). “The statute also contains a specific definition of “separate period of incarceration”: (2) “Separate period of incarceration” includes a sentence to a community correction program pursuant to chapter 36 of this title, a sentence to split confinement pursuant to § 40-35-306 or a…”

State of Tennessee v. Jackie Phillip Lester-Dissenting (Tenn. Crim. App. 2017). “If confinement in a local jail or workhouse is not mandated by § 40-35- 104(b), § 40-35-306 or § 40-35-307, all convicted felons sentenced after November 1, 1989, to continuous confinement for a period of one (1) year or more shall be sentenced to the department of correction.”

Jason Ray v. Madison Cnty., Tennessee (Tenn. 2017). “present § 40-35-302, § 40-35-306, § 40-35-307, or § 40- 15 The judgment form provided in Rule 17 of the Rules of the Tennessee Supreme Court does not include a separate blank for the trial court to specify the percentage of a felony split confinement sentence that must be served…”

Show all 18 citing cases →

— Tenn. Code Ann. § 40-35-307(b) — 1 case

Herrera v. Herrera, 944 S.W.2d 379 (Tenn. Ct. App. 1996). “Such a sentence violates T.CA § 40-35-307 which provides in relevant part: (b) If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify: (1) The total number of months or days to be served in periodic confinement, which shall not…”

— Tenn. Code Ann. § 40-35-307(b)(1) — 1 case

State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “” Tenn.Code Ann. § 40-35-307(b)(1) (2003). In the alternative, the defendant argues that the trial court abused its discretionary authority by revoking probation based upon the facts and circumstances of the original offense.”

— Tenn. Code Ann. § 40-35-307(d) — 2 cases

Shorts v. Bartholomew, 255 F. App'x 46 (6th Cir. 2007). “Shorts, on the other hand, contended that the defendants’ legal duty arose from Tenn. Code Ann. § 40-35-307 (d), not § 40-35-501(o).”

Shorts v. Bartholomew, 278 S.W.3d 268 (Tenn. 2009). “” Tenn.Code Ann. § 40-35-307, Sentencing Comm'n Cmts.”

— Tenn. Code Ann. § 40-35-307(f) — 1 case

State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006). “Similarly, section 40-35-307(f) (2003) provides for the possibility of suspension of the balance of a sentence of periodic confinement.”

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