This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
Tennessee USLegal Pamphlet on Sentence Reduction
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Multi-State
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US-PMPH-14
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How to fill out USLegal Pamphlet On Sentence Reduction?
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The person shall serve one hundred percent (100%) of the sentence imposed by the court less sentence credits earned and retained; however, no sentence reduction credits authorized by § 41-21-236 or any other provision of law shall operate to reduce the sentence imposed by the court by more than fifteen percent (15%).
The Truth in Sentencing Act, or Senate Bill 2248, is the latest legislation to come through Tennessee Sentencing law. The bill increases the number of offenses that require penitentiary-bound offenders to serve 85-100% of their sentence with either no eligibility or extremely limited eligibility for parole.
The person shall serve one hundred percent (100%) of the sentence imposed by the court less sentence credits earned and retained; however, no sentence reduction credits authorized by § 41-21-236 or any other law shall operate to reduce the sentence imposed by the court by more than fifteen percent (15%).
Truth in sentencing includes the laws passed by Bill Clinton's signature in 1994 with the Violent Crime Control and Law Enforcement Act. They were created to require convicted offenders of serving at least 85% of their sentence for Part 1 crimes, which includes violent crimes and property crimes.
The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.) However, if the current offense is listed as a ?violent felony? in Penal Code §667.5(c), the defendant serves 85 percent of the prison sentence.
Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.
Sentencing - As enacted, requires that a person convicted of certain offenses serve 100 percent of the sentence imposed; requires that a person convicted of certain other offenses serve 85 percent of the sentence imposed before becoming eligible for release; revises other related provisions.
