The Tennessee Truth-in-Sentencing law prescribes specific sentences for specific classes of crimes. Felonies are broken down into five classes, A-E. Within each class there are 5-6 offender levels. If someone is convicted of a Class A felony, the most serious felony crime, he or she could be sentenced to from 13.5 years to Life without parole depending on their offender class. The following examples illustrate how sentences are actually determined.

Class A Felon, Mitigated Offender - If the felon had no prior felony convictions and the court finds mitigating factors and no enhancing factor, then the felon would be sentenced to 13.5 years. This first time offender would have to serve at least 20% of their sentence, 2.7 years, before the felon could be considered for early release.

Class A Felon, Career Offender - If the felon had committed either 3 prior Class A felonies, or 4 prior Class B felonies or 6 prior Class C felonies, then the felon would be treated as a Career Offender and would be sentenced to 60 years imprisonment. This Career Offender would have to serve at least 60% of his or her sentence, 36 years, before having a Release Eligibility Date (RED).

First degree murder and misdemeanor are on a separate schedule, while multiple or child rapists have no Release Eligibility Date and must serve 100% of their sentence.

Especially Mitigated Offender: A defendant who has no prior felony convictions and for whom the court finds mitigating factors but no enhancing factors.

Standard Offender: Class A felony conviction UNLESS 1 or more prior convictions for a Class A Felony or 2 or more Class B or C felony. Class B felony conviction UNLESS 1 or more prior convictions for a Class A felony or 2 or more Class B, C, or D felony. Class C, D, or E, felony conviction UNLESS the defendant has 2 or more prior felony convictions of any class.

Multiple Offender: Class A felony conviction with 1 prior conviction for a Class A felony or 2 to 4 prior convictions for a Class B or C felony. Class B felony conviction with 1 prior conviction for a Class A felony or 2 to 4 prior convictions for a Class B, C, or D felony. Class C, D, or E felony conviction with 2 to 4 prior felony convictions.

Persistent Offender: Class A or B felony conviction with 2 prior Class A felony convictions or 3 prior Class B felony convictions. Class A felony conviction with 5 or more prior Class C felony convictions. Class B felony conviction with 5 or more Class C or D felony convictions. Class C, D, or E felony conviction with 5 or more prior felony convictions.

Career Offender: Class A or B felony conviction with 3 prior Class A, or 4 prior Class B, or 6 prior Class C felony convictions. Class C felony conviction with 6 prior Class A, B, or C felony convictions. Class D or E felony conviction with 6 prior felony convictions.

Repeat Violent Offender: Class A or B violent felony conviction or conviction for 39-17-1004(a) with at least 2 prior periods of incarceration for a Class A violent felony.

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Mitigating Factors

T.C.A. 40-35-113 lists 13 mitigating factors but does not limit mitigating factors to those listed. They are:

1. The defendant's criminal conduct neither caused not threatened serious bodily injury;
2. The defendant acted under strong provocation;
3. Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
4. The defendant played a minor role in the commission of the offense;
5. Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;
6. The defendant, because of youth or old age, lacked substantial judgment in committing the offense;
7. The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant;
8. The defendant was suffering from a mental or physical condition that significantly reduced culpability for the offense, however, the voluntary use of intoxicants does not fall within the purview of this factor;
9. The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who has committed the offenses;
10. The defendant assisted the authorities in locating or recovering any property or person involved in the crime;
11. The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the conduct;
12. The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime; or
13. Any other factor consistent with the purposes of this chapter.

Enhancement Factors

The enhancement factors as listed in T.C.A. 40-35-114 are

1. The defendant has a previous history of criminal convictions or criminal behavior in addition to those necessary to establish the appropriate range;
2. The defendant was a leader in the commission of an offense involving two (2) or more criminal actors;
3. The offense involved more than one (1) victim;
4. A victim of the offense was particularly vulnerable because of age or physical or mental disability;
5. The defendant treated or allowed a victim to be treated with exceptional cruelty during the commission of the offense;
6. The personal injuries inflicted upon or the amount of damage to property sustained by or taken from the victim was particularly great;
7. The offense involved a victim and was committed to gratify the defendant's desire for pleasure or excitement;
8. The defendant has a previous history of unwillingness to comply with the conditions of a sentence involving release in the community;
9. The defendant possessed or employed a firearm, explosive device or other deadly weapon during the commission of the offense;
10. The defendant had no hesitation about committing a crime when the risk to human life was high
11. The felony resulted in death or bodily injury or involved the threat of death or bodily injury to another person and the defendant has previously been convicted of a felony that resulted in death or bodily injury;
12. During the commission of the felony the defendant willfully inflicted bodily injury upon another person, or the actions of the defendant resulted in the death of or serious bodily injury to a victim or a person other than the intended victim;
13. The felony was committed while on any of the following forms of release status if such release is from a prior felony conviction:
    1. Bail, if the defendant is ultimately convicted of such prior felony;
    2. Parole;
    3. Probation;
    4. Work release; or
    5. Any other type of release into the community under the direct or indirect supervision of the Department of Correction or local governmental authority
14. The felony was committed on escape status or while incarcerated for a felony conviction;
15. The defendant abused a position of public or private trust, or used a special skill in a manner that significantly facilitated the commission or the fulfillment of the offense;
16. The crime was committed under circumstances under which the potential for bodily injury to a victim was great;
17. The defendant committed the offense while on school property;
18. A victim, under 39-15-402, suffered permanent impairment of either physical or mental functions as a result of the abuse inflicted; or
19. If the lack of immediate medical treatment would have probably resulted in the death of the victim under 39-15-402.

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Regular Probation: Regular Probation Services (investigative reports regular supervision) are available in all judicial districts serving the ninety-five (95) counties. Additionally, other services such as community service, drug and alcohol treatment, and other specialized services are available in certain counties of most judicial districts. By and large, probation services consumes most of the resources of the Division of Field Services since over 75% of the work the Division does is done by regular probation officers.

Intensive Probation: Intensive Probation is a specialized program serving certain counties in sixteen (16) of Tennessee's thirty-one judicial districts. It involves multiple weekly contacts with the probationer, drug screens, curfew, and electronic monitoring. Intensive officers have smaller caseloads (25) than regular officers and do not usually do normal court investigative reports. Probationers placed on intensive supervision normally have significantly more criminal records or specialized needs than do those placed on regular probation.

Community Corrections: Community Corrections is different specialized programs available in thirty (30) of the thirty-one (31) judicial districts in Tennessee; the 16th District (Rutherford and Cannon Counties) does not have the program. Community Corrections agencies can be operated by either governmental agencies or private, nonprofit organizations; the source of funding is through a grant by the Department of Correction. Community Corrections programs are usually intensive supervision highlighted by funding for alcohol and drug treatment; treatment by counseling or referral to agencies is a top priority. Most community corrections officers have reduced caseloads (25) and offenders sentenced to community corrections usually have a significant criminal past or some specialized need. Five (5) judicial districts (2nd-Sullivan, 6th-Knox, 20th-Davidson, 19th-Montgomery, and 30th-Shelby) have specialized programs such as residence facilities and day-reporting centers.