2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 2 - PROCEDURE FOR IMPOSING SENTENCE (§§ 40-35-201 — 40-35-217) › Section 40-35-210 - Imposition of sentence - Evidence to be considered - Presumptive sentence - Sentence explanation

(a)
At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence.
(b)
To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider the following:
(1)
The evidence, if any, received at the trial and the sentencing hearing;
(2)
The presentence report;
(3)
The principles of sentencing and arguments as to sentencing alternatives;
(4)
The nature and characteristics of the criminal conduct involved;
(5)
Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§
40-35-113
and
40-35-114
;
(6)
Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee;
(7)
Any statement the defendant wishes to make on the defendant's own behalf about sentencing; and
(8)
The result of the validated risk and needs assessment conducted by the department and contained in the presentence report.
(c)
The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines:
(1)
The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and
(2)
The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§
40-35-113
and
40-35-114
.
(d)
The sentence length within the range should be consistent with the purposes and principles of this chapter.
(e)
(1)
In order to ensure fair and consistent sentencing, at a sentencing hearing the court shall place on the record, either orally or in writing, the following:
(A)
What enhancing or mitigating factors were considered, if any;
(B)
The reasons for the sentence; and
(C)
For a sentence of continuous confinement, the estimated number of years and months the defendant will serve before becoming eligible for release.
(2)
The department of correction shall provide the court with a form to assist in determining the estimation referenced in subdivision (e)(1)(C).
(3)
The estimation provided pursuant to subdivision (e)(1)(C) is not a basis for post-conviction relief or for a direct appeal of the defendant's sentence.
(f)
A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, the validated risk and needs assessment, and the record of prior felony convictions filed by the district attorney general with the court, as required by §
40-35-202(a)
.
(g)
When the court accepts a plea of guilty or nolo contendere or imposes a sentence on a defendant who has been convicted of a felony offense that occurred on or after July 1, 2021, the court shall specify in its order that the defendant may be subject to an additional year of mandatory reentry supervision pursuant to §
40-35-506
if, at the time of release, the defendant is not an eligible inmate as defined in §
40-35-506
.
Amended by 2022 Tenn. Acts, ch. 952, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 410, s 16, eff. 5/12/2021.
Amended by 2016 Tenn. Acts, ch. 906, s 10, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 906, s 9, eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 1995, ch. 493, § 1; 1998, ch. 914, § 1; 2000, ch. 800, § 2; 2005, ch. 353, § 6.