Sentencing - As enacted, requires the superintendent or jail administrator to notify the department of corrections of the amount of sentence reduction credits for good institutional behavior that a convicted felon should receive for the felon's time incarcerated prior to imposition of sentence instead of the superintendent or jail administrator objecting to an award of credits at the rate of eight days for each month served. - Amends TCA Title 40 and Title 41.
SB0496 has been assigned Public Chapter Number 427 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0496Date
    Effective date(s) 07/01/202305/24/2023
    Pub. Ch. 42705/24/2023
    Signed by Governor.05/11/2023
    Transmitted to Governor for action.05/03/2023
    Signed by H. Speaker05/02/2023
    Signed by Senate Speaker04/26/2023
    Enrolled and ready for signatures04/24/2023
    Passed H., Ayes 71, Nays 18, PNV 004/20/2023
    Am. withdrawn. (Amendment 1 - HA0010)04/20/2023
    Subst. for comp. HB.04/20/2023
    Rcvd. from S., held on H. desk.04/10/2023
    Engrossed; ready for transmission to House04/06/2023
    Sponsor(s) Added.04/06/2023
    Passed Senate as amended, Ayes 26, Nays 504/06/2023
    Senate adopted Amendment (Amendment 1 - SA0346)04/06/2023
    Placed on Senate Regular Calendar for 4/6/202304/04/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 003/28/2023
    Placed on Senate Judiciary Committee calendar for 3/28/202303/22/2023
    Action deferred in Senate Judiciary Committee to 3/28/202303/22/2023
    Placed on Senate Judiciary Committee calendar for 3/22/202303/22/2023
    Action deferred in Senate Judiciary Committee to 3/22/202303/21/2023
    Placed on Senate Judiciary Committee calendar for 3/21/202303/15/2023
    Passed on Second Consideration, refer to Senate Judiciary Committee01/30/2023
    Introduced, Passed on First Consideration01/26/2023
    Sponsor change.01/25/2023
    Filed for introduction01/25/2023
    Actions For HB0385Date
    Comp. became Pub. Ch. 42705/24/2023
    Sponsor(s) Added.04/20/2023
    Comp. SB subst.04/20/2023
    H. Placed on Regular Calendar for 4/20/202304/18/2023
    Placed on cal. Calendar & Rules Committee for 4/18/202304/18/2023
    Rec. for pass; ref to Calendar & Rules Committee04/18/2023
    Placed on cal. Finance, Ways, and Means Committee for 4/18/202304/18/2023
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee04/18/2023
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/18/202304/12/2023
    Placed behind the budget02/22/2023
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 2/22/202302/15/2023
    Assigned to s/c Finance, Ways, and Means Subcommittee02/15/2023
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee02/14/2023
    Placed on cal. Criminal Justice Committee for 2/14/202302/08/2023
    Rec. for pass by s/c ref. to Criminal Justice Committee02/07/2023
    Sponsor(s) Added.02/06/2023
    Sponsor(s) Added.02/02/2023
    Placed on s/c cal Criminal Justice Subcommittee for 2/7/202302/01/2023
    Assigned to s/c Criminal Justice Subcommittee02/01/2023
    P2C, ref. to Criminal Justice Committee02/01/2023
    Intro., P1C.01/30/2023
    Filed for introduction01/23/2023
  • AmendmentsFiscal Memos
    SA0346Amendment 1-0 to SB0496Fiscal Memo for SA0346 (3719)  
    AmendmentsFiscal Memos
    HA0010Amendment 1-1 to HB0385Fiscal Memo for HA0010 (3719)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0496

  • Fiscal Summary

    Other Fiscal Impact – Due to a number of unknown factors, the extent and timing of any fiscal impact resulting from the proposed legislation cannot be quantified.


    Bill Summary

    Present law provides that each inmate who is committed to the custody of the department of correction and exhibits good institutional behavior may be awarded time credits toward the sentence imposed. Present law provides the following concerning such credits:

    (1) Sentence reduction credits for good institutional behavior must be awarded to convicted felons for the time incarcerated prior to the imposition of sentence. The total credit to which a convicted felon may be entitled is calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served;

    (2) The sentence reduction credits must be awarded at the rate of eight days for each month served prior to imposition of sentence, unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded, then the superintendent or jailer is required to provide written documentation to the department stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed, then the department must adjust the number of credits awarded to conform to the number recommended.

    (3) In the absence of an objection, the credits are awarded automatically. However, a convicted felon does not have a right to the credits or a right to appeal the superintendent's or jailer's determination concerning the number of credits a particular felon should be awarded as set out in the written objection to the department.

    This bill rewrites (2) and (3) above to provide, instead, that the sentence reduction credits may be awarded, instead of automatically awarded, and are based upon written documentation provided by the superintendent or jailer to the department evidencing the inmate's good institutional behavior and stating the number of credits, if any, the felon should be awarded.

    ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 496, AS AMENDED.

    AMENDMENT #1 makes the provisions of this bill that are applicable to a "jailer" applicable to a "jail administrator" instead.

  • FiscalNote for SB0496/HB0385 filed under HB0385
  • House Floor and Committee Votes

    House moved to substitute and conform to SB0496

    SB0496 by Stevens - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/20/2023
    Passed
              Ayes...............................................71
              Noes...............................................18

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Glynn, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Stevens, Terry, Todd, Vaughan, Vital, Warner, White, Whitson, Williams, Wright -- 71.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Hakeem, Hardaway, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Thompson, Towns -- 18.

    SB0496 by Stevens - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION PASSAGE ON THIRD CONSIDERATION 4/20/2023
    Passed
              Ayes...............................................67
              Noes...............................................21

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Faison, Farmer, Fritts, Gant, Garrett, Hale, Haston, Hawk, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Stevens, Terry, Todd, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary -- 67.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Hemmer, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Thompson, Towns -- 21.

              HB0385 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/18/2023
              Voice Vote - Ayes Prevail

              HB0385 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/18/2023
              Voice Vote - Ayes Prevail

              HB0385 by Lamberth - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 2/14/2023
              Voice Vote - Ayes Prevail

              HB0385 by Lamberth - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Criminal Justice Committee 2/7/2023
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0496 by Stevens - FLOOR VOTE: as Amended Third Consideration 4/6/2023
    Passed
              Ayes...............................................26
              Noes................................................5

              Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 26.
              Senators voting no were: Akbari, Campbell, Kyle, Oliver, Yarbro -- 5.

    SB0496 by Stevens - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0 3/28/2023
    Passed
              Ayes................................................7
              Noes................................................2

              Senators voting aye were: Gardenhire, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 7.
              Senators voting no were: Kyle, Lamar -- 2.