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2017 Tennessee Code
Title 40 - Criminal Procedure
Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989
Part 1 - General Provisions
§ 40-35-103. Sentencing considerations.
Universal Citation: TN Code § 40-35-103 (2017)
- To implement the purposes of this chapter, the following principles apply:
- (1) Sentences involving confinement should be based on the following considerations:
- (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct;
- (B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or
- (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant;
- (2) The sentence imposed should be no greater than that deserved for the offense committed;
- (3) Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided;
- (4) The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed;
- (5) The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of a term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence; and
- (6) Trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service or all of these.
- (1) Sentences involving confinement should be based on the following considerations:
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