What is Tennessee’s “Truth in Sentencing” law?

On Behalf of | Jan 30, 2025 | Criminal Defense |

A number of factors are often considered when a judge is determining what kind of sentence to hand down to someone who’s found or pleads guilty to a crime. That sentence may end up being shortened if they don’t get into any further trouble while they’re in prison or even if the prison is getting too full.

In Tennessee, however, the 2022 “Truth in Sentencing” law (sometimes referred to as the “100% rule”) states that those convicted of certain violent and otherwise egregious crimes must serve 100% of their sentence. That means they can’t be released or paroled early.

Examples of offenses governed by the law

Offenses governed by the law include:

  • Attempted first- and second-degree murder
  • Aggravated vehicular homicide
  • Especially aggravated kidnapping, robbery or burglary
  • Carjacking

The law also requires that people convicted of other serious felonies serve at least 85% of their sentence. That means they can get some credit for good behavior or otherwise be released early, but only if they’ve served at least 85% of their sentence. These offenses include:

  • Voluntary manslaughter
  • Criminally negligent homicide
  • Aggravated assault, arson, robbery or kidnapping
  • Trafficking “persons for forced labor or services”

Some sale, delivery and manufacture of controlled substances offenses also fall under this 85% category.

Despite its passage, legislators have mixed views on the law

When the legislation passed both houses of the Tennessee legislature, the Speaker of the House was a strong proponent. He argued that victims of violent crimes and surviving loved ones have a right to see a perpetrator locked up for the full length of their sentence. He also said that it would reduce crime in the state.

Those opposed to the law argued that it took away the incentive for good behavior in prison and contributed to prison overcrowding. It would also make things more difficult for families of incarcerated people. One lawmaker asserted that the legislation “increases the living tax on the most vulnerable families in Tennessee.”

This is just a brief look at Tennessee’s Truth in Sentencing Act. What’s important to understand is that it is often very important when someone is facing a charge for which they have some level of culpability to work to get that charge reduced. A reduction in the charge may not only mean a lighter sentence, but the possibility of that sentence being shortened by good behavior or other factors. Getting sound legal guidance is virtually always the best first step to take.

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