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Tennessee Sentencing Reference

Offenses Subject to the 85% Standard

For offenses committed on or after July 1, 2022, Tennessee law requires certain offenses to serve at least 85% of the sentence before release eligibility. Proposed Amendment 1 also reaches offenses for which a defendant, if convicted, could not be released before serving at least 85% of the sentence.

Aggravated Assault

  • Aggravated assault involving use of a deadly weapon.
  • Aggravated assault involving use of a firearm from within a motor vehicle.
  • Aggravated assault resulting in serious bodily injury, death or strangulation.
  • Specified aggravated assaults against a first responder or nurse.

Violent Offenses

  • Aggravated arson.
  • Aggravated kidnapping.
  • Aggravated robbery.
  • Voluntary manslaughter.
  • Reckless homicide.
  • Criminally negligent homicide.

Vehicular Homicide

  • Vehicular homicide based on reckless conduct.
  • Vehicular homicide involving drag racing.
  • Vehicular homicide in a construction zone.

Burglary, Firearms & Trafficking

  • Aggravated burglary.
  • Employing a firearm during the commission or attempted commission of specified offenses.
  • Possessing a firearm during the commission or attempted commission of specified offenses.
  • Involuntary labor servitude.
  • Trafficking persons for forced labor or services.

Controlled Substances

  • Manufacture, delivery or sale of a Class A, B or C controlled substance when the person has two or more prior convictions for the same offense.

Why This List Matters

  • The proposed amendment is written to include offenses that meet the “at least 85%” threshold as of November 3, 2026.
  • That standard can reach multiple statutory subsections and circumstances within a named offense.
Important: This voter-education summary is not legal advice and is not intended to replace the Tennessee Code. Offense classifications and qualifying circumstances can depend on the specific statutory subsection. The referenced sentencing list itself notes that it is not exhaustive.

Sources: Tennessee Code § 40-35-501; Tennessee Senate Joint Resolution 25 (114th General Assembly). For the campaign’s source hub, return to Sources & Fact Check.