Tennessee § 40-35-211 - Court to impose determinate sentences only.

§ 40-35-211. Court to impose determinate sentences only.

In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense: Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by § 40-23-101 relative to pretrial jail credit, or §§ 33-5-406 and 33-7-102 relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by § 41-21-236. If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided. If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under § 41-2-111. Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in § 40-35-302(d), the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse. Acts 1989, ch. 591, § 6; 2000, ch. 947, § 8J. Sentencing Commission Comments. This section requires that a determinate sentence be imposed in all felony and misdemeanor cases. Subdivision (1) permits a reduction of the sentence for certain types of pretrial jail credits and prisoner sentence reduction credits as provided in other sections. Subdivision (2) continues the practice of prior law which permits the trial judge to reduce sentences to less than one year where the minimum statutory penalty is one year. Under the sentencing grid, this would be possible for a Class E, Range I, offender. The sentence is still considered a felony, but the court may impose a sentence of less than one year to be served in the local jail or workhouse. In such instances, subdivision (3) allows some aspects of misdemeanor sentencing to apply. 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. Execution of judgment, title 40, ch. 23. Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 27.194, 32.80, 32.81, 32.121, 32.132, 32.133, 32.224, 38.202. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 48; 24 Tenn. Juris., Verdict, § 12. Attorney General Opinions. Sentence credits pursuant to § 41-2-111 for inmates in county jails or workhouses, OAG 00-051, 2000 Tenn. AG LEXIS 51 (3/20/00).