Tennessee Order of Sentence is a set of sentencing guidelines used by Tennessee courts to determine the appropriate punishment for criminal offenses. It is based on the severity of the offense, the defendant's criminal history, and other factors. The Tennessee Order of Sentence establishes a range of possible sentences for each offense, ranging from probation to life in prison. It also provides for alternative sentences such as drug treatment, house arrest, and other forms of supervision. There are four types of Tennessee Order of Sentence: mandatory, presumptive, mitigating, and consecutive. Mandatory sentencing requires that the court impose a sentence within a certain range for a certain offense regardless of mitigating or aggravating circumstances. Presumptive sentencing allows the court to impose a sentence within a certain range based on the aggravating or mitigating circumstances. Mitigating sentencing allows the court to consider mitigating circumstances and impose a less severe sentence. Consecutive sentencing requires that the sentences imposed for multiple offenses are served consecutively.
Tennessee Order of Sentence
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Under this bill, there will be no release eligibility for a person committing an offense, on or after July 1, 2022, that is enumerated below. The person will serve 100 percent of the sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn.
Present law requires that a person convicted of attempted first degree murder where the victim suffers serious bodily injury serve at least 85 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 75 percent of the sentence imposed.
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
Class A felonies receive sentences between 15 and 25 years. Class B felonies receive sentences between 8 and 12 years. Class C felonies receive sentences between 3 and 6 years. Class D felonies receive sentences between 2 and 4 years.
Any defendant arrested or served with a criminal summons prior to indictment or presentment for a misdemeanor or felony, except small offenses, is entitled to a preliminary hearing. A preliminary hearing may be waived as set forth by subsection (2) or as otherwise provided in this rule.
Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. The standard percentages depend on the offender's criminal history category, as follows: Especially mitigated: must serve 20% of their sentence. Range I: must serve 30% of their sentence.
To qualify, offenders must have served at least 30 percent of their sentence. Prior to being released, state law requires that the district attorney, sheriff and warden of the prison where the offender is held be notified that the offender is eligible for release.
The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.)