New sentencing laws take effect July 1

Jun. 30—On July 1, Tennessee will have the toughest sentencing laws in the nation, requiring individuals convicted of certain crimes to serve 100% of prison sentences.

"Tennessee will be tougher than the federal sentencing guidelines, and we will have the toughest sentencing guidelines on violent criminals in the entire country," Speaker of the House Rep. Cameron Sexton said during a ceremonial bill signing Monday at the Cumberland County Sheriff's Office.

The bill, which passed the House with 86 votes to nine opposed and the Senate with 20 votes and seven opposed, requires anyone convicted of the following crimes to serve 100% of the sentence: attempted first-degree murder, second-degree murder, vehicular homicide, aggravated vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, carjacking and especially aggravated burglary.

The bill follows a 2021 bill that required individuals convicted of certain sexual crimes and felony domestic assault serve 100% of their sentences.

"It's important to remember that tougher sentences are a deterrent," Sexton said. "But more than anything, this bill is about protecting victims."

The bill also requires individuals serve at least 85% of their sentence for other crimes, including aggravated burglary, which is the unlawful entering of a place where people live.

That was a bill many groups sought to exclude from the legislation, Sexton said.

Cumberland County Sheriff Casey Cox said, "If you've ever been the victim of an aggravated burglary, you never lay your head down and go to sleep the same way again. This is huge for Cumberland County and the state of Tennessee."

Cox said the new law will focus more on the needs of victims within the judicial system.

"People need to be held more accountable," Cox said.

Current sentencing laws have a range of prison sentences for various crimes. Individuals convicted of those crimes are sentenced according to their crime and their offender classification, which considers prior convictions.

This can result in someone being convicted of a felony and being sentenced to a set number of years, but only to serve a percentage of the time.

Sexton said he's heard from law enforcement that they spend much of their time arresting the same people.

"Finally, in our state, we've drawn a line between what's a violent crime and what's a non-violent crime," Sexton said, adding he supported rehabilitation and programs to help prevent individuals from becoming violent offenders.

District Attorney General Bryant Dunaway said under current law, a person sentenced to 10 years for vehicular homicide often becomes eligible for parole in 13-14 months.

"Now, I can look them in the eye and tell them how much time their offender will serve. That is at least some comfort to victims," Dunaway said.

Opponents of the bill said it would increase the state's prison population. While the state's cost projections to implement the bill estimated about $40 million in recurring costs after 10 years, others have estimated the cost to be much higher.

Gov. Bill Lee did not sign the bill. In a message reported by the Tennessee Journal, Lee wrote, "Data does not support the basic premise of the legislation. Similar legislation has been enacted before and resulted in significant operational and financial strain, with no reduction in crime. Widespread evidence suggests that this policy will result in more victims, higher recidivism, increased crime and prison overcrowding, all with an increased cost to taxpayers. For these reasons, I have chosen not to sign the bill."

Lee has championed criminal justice reform efforts that focus on re-entry programs for people released from incarceration to reduce recidivism. This was a focus of his volunteer efforts prior to seeking public office, as well.

When Lee announced he would not sign the bill, Sexton responded via social media in May, "You can protect criminals or you can protect victims. I stand with victims, as do members of law enforcement, our district attorneys, and criminal judges across Tennessee ... Sometimes, we need to use common-sense approaches; more violent criminals in jail for longer periods means less crime and fewer victims. Softer sentences mean more crime and more victims."

Sexton said he also wants to support juvenile justice intervention programs and nonviolent rehabilitation programs.

The new law takes effect with offenses committed after July 1, 2022.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.