Amends TCA Title 39, Chapter 13, Part 2 and Section 40-35-501.

This bill reduces the portion of a person's sentence for first degree murder that must be served prior to becoming eligible for parole to 60 percent of 60 years if sentenced to imprisonment for life for an offense committed during certain dates or 100 percent of 60 years if sentenced to imprisonment for life without the possibility of parole, as discussed below.<br /> <br /> PRESENT LAW<br /> <br /> Under present law:<br /> <br /> (1) Release eligibility for a defendant committing the offense of first degree murder on or after November 1, 1989, but prior to July 1, 1995, who receives a sentence of imprisonment for life occurs after service of 60 percent of 60 years less sentence credits earned and retained by the defendant, but in no event is a defendant sentenced to imprisonment for life eligible for parole until the defendant has served a minimum of 25 full calendar years of the sentence, notwithstanding the governor's power to reduce prison overcrowding, any sentence reduction credits, or any other provision of law relating to sentence credits;<br /> <br /> (2) There is no release eligibility for a person committing first degree murder, on or after July 1, 1995, and receiving a sentence of imprisonment for life. The person must serve 100 percent of 60 years less sentence credits earned and retained. However, sentence reduction credits may not operate to reduce the sentence imposed by the court by more than 15 percent;<br /> <br /> (3) There is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for first degree murder or aggravated rape of a child; and<br /> <br /> (4) There is no release eligibility for a person committing certain offenses (such as second degree murder and aggravated rape), on or after July 1, 1995. Such persons must serve 100 percent of the sentence imposed by the court less sentence credits earned and retained. However, sentence reduction credits may not operate to reduce the sentence imposed by the court by more than 15 percent.<br /> <br /> THIS BILL<br /> <br /> This bill revises the provisions described above in (1)-(3) as follows:<br /> <br /> (A) Removes the commission of offense date limitations referenced above in (1);<br /> <br /> (B) Requires the department of correction to notify any inmate who was sentenced to imprisonment for life for first degree murder for an offense that occurred prior to July 1, 2021, that the inmate may be eligible for an earlier release eligibility date pursuant to present law described above, as amended by this bill, as described above in (A). The inmate may execute a written request for eligibility, which will make the inmate eligible for application of all statutory sentence reduction credits and parole consideration, but in no event will such inmate be eligible for parole until the inmate has served the full mandatory minimum specified in present law. The request, once executed, is not subject to revocation;<br /> <br /> (C) Specifies that the above-described present law provisions, as amended by this bill, will not apply to persons sentenced to death or persons sentenced to imprisonment for life without possibility of parole for first degree murder (and retains the present law provision whereby there is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for aggravated rape of a child); and<br /> <br /> (D) Adds "murder in the first degree, when the offender is sentenced to imprisonment for life without possibility of parole" to the list of offenses to which the present law provision described above in item (4) above applies.<br /> <br /> ON APRIL 22, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 561, AS AMENDED.<br /> <br /> AMENDMENT #1 removes the provision of this bill that would add "murder in the first degree, when the offender is sentenced to imprisonment for life without possibility of parole" to the list of offenses to which the present law provision described in item (4) of the Bill Summary applies. This amendment instead retains the present law provision whereby there is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for first degree murder.<br />