Tennessee § 40-35-105 - Standard offender.

§ 40-35-105. Standard offender.

A standard offender is a defendant not sentenced as: A multiple offender, as defined by § 40-35-106; A persistent offender, as defined by § 40-35-107; A career offender, as defined by § 40-35-108; An especially mitigated offender, as defined by § 40-35-109; or A repeat violent offender, as defined by § 40-35-120. The sentence for a standard offender is within Range I. If the judgment of conviction does not include a sentence range, it shall be returned to the sentencing court to be completed. Acts 1989, ch. 591, § 6; 1994, ch. 994, § 2. Sentencing Commission Comments. As noted in the comments to § 40-35-101 , the various classes of felonies are divided into three ranges for determining the maximum and minimum available penalties. The first range is called “Range I” and is available for defendants who are not classified in one of the other ranges. Pursuant to § 40-35-501(c) , the release eligibility percentage for such an offender is 30 percent. Subsection (c) provides that the judgment form must specify the sentence range and, if it does not, the judgment form is returned to the sentencing court to be completed. The commission believes that accurate data is absolutely essential so that the Sentencing Reform Act of 1989 may be monitored. 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, 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6.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. Eligibility of certain drug offenders for special alternative incarceration unit, § 40-20-207 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 32.82, 32.126. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure § 45. Law Reviews. 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). Selected Tennessee Legislation of 1983 (N.L. Resener, J.A. Whitson, K.J. Miller), 50 Tenn. L. Rev. 785 (1983).