Increasingly, state lawmakers across the country are strengthening criminal laws so that people convicted of certain violent and otherwise serious crimes – especially those with multiple convictions – have to serve a minimum sentence. They’re also making it more difficult to get any kind of early release for good behavior, due to overcrowding situations or for some other reason for some serious offenses.
Here in Tennessee, a “Truth in Sentencing” law was enacted several years ago. It’s also known as the “100% Rule.” That’s because it states that anyone who has been convicted of specified violent crimes and “especially aggravated crimes” is required to serve 100% of the sentence that was handed down in their case.
What kind of offenses fall under the 100% Rule?
Among the violent criminal offenses to which the 100% Rule applies are the following:
- Second-degree murder
- Attempted first-degree murder
- Especially aggravated kidnapping, robbery and burglary
- Aggravated vehicular homicide as the result of intoxication
- Carjacking
These are all Class A and B felonies, which are the most serious.
When are people required to serve a minimum of 85% of their sentence?
In addition to that 100% Rule, the Truth in Sentencing Act requires those who are convicted of specified felonies to serve no less than 85% of their sentence. This means they can still receive time off for good behavior and other time off credits and early release options, but only after they have served at least 85% of the time to which they were sentenced.
Among the offenses that fall under this requirement are the following:
- Voluntary manslaughter
- Criminally negligent homicide
- Vehicular homicide involving reckless driving or drag racing
- Reckless homicide
- Some aggravated assault offenses
- Aggravated arson, robbery or kidnapping
- Trafficking “persons for forced labor or services”
- Certain manufacture, delivery or sale of a controlled substance offenses
Those accused of a serious crime in Tennessee need to know whether there are minimum sentences or minimum time served requirements for that offense. This can influence whether a person wants to consider a plea deal to a lesser charge or whether they want a jury trial to work to clear their name and avoid a conviction. Regardless of the specifics of a particular case, it’s always crucial to get experienced legal guidance as soon as possible.
