Tennessee § 40-35-101 - Short title.

§ 40-35-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Criminal Sentencing Reform Act of 1989.” Acts 1989, ch. 591, § 6. Sentencing Commission Comments. This and the following sections are a part of the comprehensive penal and sentencing reform legislation enacted in 1989 as proposed by the Tennessee sentencing commission. Prior revisions either modified substantive criminal law or dealt exclusively with sentencing provisions. The commission believes that a unified approach is necessary so that there is a clear relationship between the definition of an offense and the sentence for that offense. The sentencing structure is designed to comply with the legislative directive as set forth in § 40-37-202 [obsolete] requiring that felonies be classified into five categories and misdemeanors into three categories. Therefore, all felony offenses are classified based on severity of offense with letter designations: the most serious felonies graded as Class A and the least serious as Class E. Misdemeanors are similarly graded. The substantive criminal code revision sets forth the class of each felony or misdemeanor based on the nature of the offense. One attribute of this classification system is to treat like offenses the same for punishment purposes. Thus, all theft and theft related offenses are “graded” based on the amount of property taken. The classification of offenses also permits the construction of a sentencing grid so that the potential sentence for each offender can be rapidly ascertained. Each felony class carries a maximum and minimum sentence. Thus, a Class A felony can be punished from between 15 and 60 years. See § 40-35-112 . The 15 to 60 year span is divided into three ranges called Range I, Range II and Range III. The “range” determination is based upon the number of prior convictions which, in turn, determines the potential span for that particular offender. Thus, a Range I sentence for a Class A felony is 15 to 25 years. A Range II sentence for a Class A felony is 25 to 40 years, and a Range III sentence is from 40 to 60 years. The following grid combines the felony classifications, range determinations, parole eligibility and incarceration locations for all of the felony offenses under the new law. Click to view The far left-hand column of the above grid shows the five felony classes: A, B, C, D, and E. The numbers below each classification letter indicate the absolute minimum and absolute maximum sentence for each felony class. The “RED percentage” shows the percentage of time that each offender must serve prior to parole eligibility or “release eligibility date.” The “RED yrs” translates that percentage into the number of years. The next column displays the sentences for a defendant classified as an “especially mitigated offender” under § 40-35-109 . Where the trial judge finds mitigating factors but no enhancement factors, then the judge may depart from the normal range determination and impose a sentence under the absolute minimum. The trial judge also has the option of decreasing the parole eligibility date. The attributes of an especially mitigated offender are addressed in more detail under the comments to § 40-35-109 . The next column shows the sentencing span for offenders designated as “standard offenders.” As under prior law, a standard offender is a defendant who does not fall into one of the other sentencing ranges. See § 40-35-105 . The next column lists the potential lengths of incarceration for defendants who are found to be “multiple offenders.” As implied by this designation, a multiple offender is a defendant who has several prior convictions. The presence of these convictions enhances the potential length of sentence depending on the felony class of the prior convictions. See § 40-35-106 . The next column lists the potential span for defendants who are designated as persistent offenders under § 40-35-107 . Depending on the number of prior felony convictions, such a designation subjects the offender to higher potential punishment. The final column lists the defendant who is designated as a “career offender.” T.C.A. § 40-35-108 . A defendant with such a designation must be sentenced to the maximum penalty imposed for Range III with a substantially higher parole eligibility date. In any given case, the potential punishment for each offender can be found by cross-referencing the felony classification with a number of prior felony convictions, if any. This yields a “block” on the sentencing grid to disclose the potential minimum and maximum sentence for that particular offender. See § 40-35-210 . Since all sentences are determinate in nature, the judge must fix a specific length of sentence within the appropriate range for that particular offender. The presumptive sentence is the minimum in the range. See § 40-35-210 . Further, the judge must consider the various mitigating factors under § 40-35-113 and the enhancement factors under § 40-35-114 . After due consideration of all of these factors, along with the purposes and general sentencing considerations, the judge fixes a specific length of the sentence and also determines how that sentence should be satisfied. In some instances, incarceration in the department of correction is the only available sentencing option, particularly for the higher felony classifications and where the defendant has multiple prior felony convictions. In other instances, the trial judge has the discretion to impose a wide range of sentencing alternatives. See §§ 40-35-306 , 40-35-307 , and 40-36-106 . These various sentencing alternatives are addressed in the comments to the pertinent sections hereafter. 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. Commitment to department of children's services, § 37-1-137 . Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. “Three strikes” law, § 40-35-120 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 7.12, 22.3, 22.134, 32.2, 32.80. Tennessee Jurisprudence, 6A Tenn. Juris., Constitution, § 52, 8 Tenn. Juris., Criminal Procedure, § 40-43, 49, 51; 11 Tenn. Juris., Evidence, § 188. Law Reviews. Crime & Punishment: Preventing Ineffective Assistance of Counsel: Advice Regarding Plea Offers (Wade V. Davies), 49 Tenn. B.J. 28 (2013). Criminal Procedure—Tennessee v. Carter: The Strict Requirement of Notice Under Tennessee's Recidivist Sentencing Statutes (David Demar Ayliffe) 35 U. Mem. L. Rev. 145 (2004). Sentencing Lockdown: What Is the Impact of Blakely on Sentencing in Tennessee? (David L. Raybin), 40 No. 8 Tenn. B.J. 12 (2004). Specific Crime vs. Criminal Ways: Criminal Conduct and Responsibility in Rule 3E1.1, 54 Vand. L. Rev. 205 (2001). The Court in Action: A summary of key cases from the U.S. Supreme Court 2000-2001 (Perry A. Craft and Arshad (Paku) Khan), 37 No. 9 Tenn. B.J. 18 (2001). The Tennessee Court of Criminal Appeals: A Study and Analysis (Daniel J. Foley), 66 Tenn. L. Rev. 427 (1999). The Trexler Saga: Hale & Middlebrooks (Gary R. Wade), 23 Mem. St. U.L. Rev. 319 (1993).