Tennessee § 40-35-319 - Place of confinement if not otherwise provided for — Finality of judgment.

§ 40-35-319. Place of confinement if not otherwise provided for — Finality of judgment.

If a defendant convicted of a felony does not receive another type of sentence authorized by this chapter or if a defendant convicted of a felony is either not granted or is ineligible for another sentence authorized by this chapter, the place of confinement shall be designated as the department of correction unless prohibited by other statutes. Except as provided in § 40-35-212(d) or Rule 35(b) of the Tennessee Rules of Criminal Procedure, once the judgment becomes final in the trial court, the court shall have no jurisdiction or authority to change the sentence in any manner. Acts 1989, ch. 591, § 6. Sentencing Commission Comments. If incarceration is ordered, felony sentences must be served in the department of correction. As noted in the comments to § 40-35-314 , certain felony sentences, under local option contracts, must be served in local facilities. Further, felony sentences of one year and split confinement sentences must also be served in local jails or workhouses. Subsection (b) provides that defendants sentenced to the department are eligible for sentence modification while awaiting transportation to the department pursuant to § 40-35-212(d) . Sentencing modification may also occur within 120 days of sentence imposition as set forth in Rule 35(b) of the Tennessee Rules of Criminal Procedure. Compiler's Notes. 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), §§ 38.202, 32.257.