Full question:
I had asked the question earlier about if my boyfriend has a plea bargain amount of 35% of 4 years what will he serve. The lawyer that answered said it would depend on his charges. He has 5 or 6 class E felonies for auto burglary and some misdemeanors for vandalism where he didn't steal but broke into the vehicles. We had an attorney and it was my understanding that the maximum he would serve is 35% of 4 years. What I want to know is once he's in a prison, what is the likely amount of time he'd serve and what determines how much he spends? I know he gets 'good time' for different programs and good behavior. What's the standard for these types of things in Tennessee?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Tennessee
Answer:
In Tennessee, individuals sentenced to prison must serve a minimum period before being eligible for parole. For indeterminate sentences, this is the minimum sentence set by the court. For determinate sentences, it is half of the imposed sentence, but not less than one year. After serving this time, the parole board decides on release, which cannot happen before the minimum sentence or one year is served.
Good behavior and participation in programs can earn inmates 'good time' credits, which may reduce their time served. However, parole is not guaranteed and is based on the board's assessment of whether the inmate is likely to comply with the law upon release. Additionally, specific conditions may apply, such as completing educational requirements.
The board also considers factors like the inmate's conduct and the nature of their crime when determining parole eligibility. For those with sentences of two years or more, the board may grant mandatory parole under certain conditions, typically six months before the maximum term is completed, minus any good time credits earned (Tenn. Code Ann. § 40-28-103).
Ultimately, the actual time served will depend on various factors, including the inmate's behavior and the specific details of their case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.