{"data":{"id":"us-tn/tenn.-code-ann.-40-35-102","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 40-35-102","heading":"Purpose of chapter","body":"The foremost purpose of this chapter is to promote justice, as manifested by § 40-35-103 . In so doing, the following principles are adopted: (1) Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense; (2) This chapter is to assure fair and consistent treatment of all defendants by eliminating unjustified disparity in sentencing and providing a fair sense of predictability of the criminal law and its sanctions; (3) Punishment shall be imposed to prevent crime and promote respect for the law by: (A) Providing an effective general deterrent to those likely to violate the criminal laws of this state; (B) Restraining defendants with a lengthy history of criminal conduct; (C) Encouraging effective rehabilitation of those defendants, where reasonably feasible, by promoting the use of alternative sentencing and correctional programs that elicit voluntary cooperation of defendants; and (D) Encouraging restitution to victims where appropriate; (4) Sentencing should exclude all considerations respecting race, gender, creed, religion, national origin and social status of the individual; (5) In recognition that state prison capacities and the funds to build and maintain them are limited, convicted felons committing the most severe offenses, possessing criminal histories evincing a clear disregard for the laws and morals of society and evincing failure of past efforts at rehabilitation shall be given first priority regarding sentencing involving incarceration; and (6) (A) A defendant who does not fall within the parameters of subdivision (5), and who is an especially mitigated or standard offender convicted of a Class C, D or E felony, should be considered as a favorable candidate for alternative sentencing options in the absence of evidence to the contrary; however, a defendant's prior convictions shall be considered evidence to the contrary and, therefore, a defendant who is being sentenced for a third or subsequent felony conviction involving separate periods of incarceration or supervision shall not be considered a favorable candidate for alternative sentencing; (B) As used in subdivision (6)(A), \"separate periods of incarceration or supervision\" means that the defendant serves and is released or discharged from a period of incarceration or supervision for the commission of a felony prior to committing another felony; (C) If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court; (D) A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6). Acts 1989, ch. 591, § 6; 1990, ch. 980, § 21; 1994, ch. 736, § 1; 2005, ch. 353, § 1; 2007, ch. 512, § 1.\nThe foremost purpose of this chapter is to promote justice, as manifested by § 40-35-103 . In so doing, the following principles are adopted:\n(1) Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense;\n(2) This chapter is to assure fair and consistent treatment of all defendants by eliminating unjustified disparity in sentencing and providing a fair sense of predictability of the criminal law and its sanctions;\n3 . In so doing, the following principles are adopted:\n(1) Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense;\n(2) This chapter is to assure fair and consistent treatment of all defendants by eliminating unjustified disparity in sentencing and providing a fair sense of predictability of the criminal law and its sanctions;\n(3) Punishment shall be imposed to prevent crime and promote respect for the law by: (A) Providing an effective general deterrent to those likely to violate the criminal laws of this state; (B) Restraining defendants with a lengthy history of criminal conduct; (C) Encouraging effective rehabilitation of those defendants, where reasonably feasible, by promoting the use of alternative sentencing and correctional programs that elicit voluntary cooperation of defendants; and (D) Encouraging restitution to victims where appropriate;\n(A) Providing an effective general deterrent to those likely to violate the criminal laws of this state;\n(B) Restraining defendants with a lengthy history of criminal conduct;\n(C) Encouraging effective rehabilitation of those defendants, where reasonably feasible, by promoting the use of alternative sentencing and correctional programs that elicit voluntary cooperation of defendants; and\n(D) Encouraging restitution to victims where appropriate;\n(4) Sentencing should exclude all considerations respecting race, gender, creed, religion, national origin and social status of the individual;\n(5) In recognition that state prison capacities and the funds to build and maintain them are limited, convicted felons committing the most severe offenses, possessing criminal histories evincing a clear disregard for the laws and morals of society and evincing failure of past efforts at rehabilitation shall be given first priority regarding sentencing involving incarceration; and\n(6) (A) A defendant who does not fall within the parameters of subdivision (5), and who is an especially mitigated or standard offender convicted of a Class C, D or E felony, should be considered as a favorable candidate for alternative sentencing options in the absence of evidence to the contrary; however, a defendant's prior convictions shall be considered evidence to the contrary and, therefore, a defendant who is being sentenced for a third or subsequent felony conviction involving separate periods of incarceration or supervision shall not be considered a favorable candidate for alternative sentencing; (B) As used in subdivision (6)(A), \"separate periods of incarceration or supervision\" means that the defendant serves and is released or discharged from a period of incarceration or supervision for the commission of a felony prior to committing another felony; (C) If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court; (D) A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6)\nelony prior to committing another felony; (C) If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court; (D) A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6).\n(A) A defendant who does not fall within the parameters of subdivision (5), and who is an especially mitigated or standard offender convicted of a Class C, D or E felony, should be considered as a favorable candidate for alternative sentencing options in the absence of evidence to the contrary; however, a defendant's prior convictions shall be considered evidence to the contrary and, therefore, a defendant who is being sentenced for a third or subsequent felony conviction involving separate periods of incarceration or supervision shall not be considered a favorable candidate for alternative sentencing;\n(B) As used in subdivision (6)(A), \"separate periods of incarceration or supervision\" means that the defendant serves and is released or discharged from a period of incarceration or supervision for the commission of a felony prior to committing another felony;\n(C) If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court;\n(D) A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6).","path":["TN Code","Title 40","Chapter 35"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"0935fe841d0cb6e59de3fc010bbdd0629a8ba7fcbe76e0200e206974d0b66f9d","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-40-35-101","next":"us-tn/tenn.-code-ann.-40-35-103"},"notice":"GroundRules: Original legal text. Not legal advice."}