39-13-523 - Punishment for certain child sexual predators. - Tennessee Statutes

39-13-523. Punishment for certain child sexual predators.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Child rapist” means a person convicted one (1) or more times of rape of a child as defined by § 39-13-522;

     (2)  “Child sexual predator” means a person who:

          (A)  Is convicted in this state of committing an offense on or after July 1, 2007, that is classified in subdivision (a)(4) as a predatory offense; and

          (B)  Has one (1) or more prior convictions for an offense classified in subdivision (a)(4) as a predatory offense;

     (3)  “Multiple rapist” means a person convicted two (2) or more times of violating § 39-13-502 or § 39-13-503, or a person convicted at least one (1) time of violating § 39-13-502 and at least one (1) time of violating § 39-13-503;

     (4)  “Predatory offenses” means:

          (A)  Aggravated sexual battery under § 39-13-504(a)(4);

          (B)  Statutory rape by an authority figure under § 39-13-532;

          (C)  Sexual battery by an authority figure under § 39-13-527;

          (D)  Solicitation of a minor to commit a sex offense under § 39-13-528;

          (E)  Solicitation of a minor to perform sex acts under § 39-13-529; and

          (F)  Aggravated statutory rape under § 39-13-506(c);

     (5)  (A)  “Prior convictions” means that the person serves and is released or discharged from a separate period of incarceration or supervision for the commission of a predatory offense classified in subdivision (a)(4) prior to committing another predatory offense classified in subdivision (a)(4).

          (B)  “Prior convictions” includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a predatory offense as classified in subdivision (a)(4). If a felony from a jurisdiction other than Tennessee is not a named predatory offense as classified in subdivision (a)(4) in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for an offense classified as a predatory offense; and

     (6)  “Separate period of incarceration or supervision” includes a sentence to any of the sentencing alternatives set out in § 40-35-104 (c)(3)-(9). Any offense designated as a predatory offense pursuant to subdivision (a)(4) shall be considered as having been committed after a separate period of incarceration or supervision if the predatory offense was committed while the person was:

          (A)  On probation, parole or community correction supervision for a predatory offense;

          (B)  Incarcerated for a predatory offense;

          (C)  Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a predatory offense; or

          (D)  On escape status from any correctional institution when incarcerated for a predatory offense.

(b)  Notwithstanding any other law to the contrary, a child sexual predator, multiple rapist or a child rapist shall be required to serve the entire sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. A child sexual predator, multiple rapist or a child rapist shall be permitted to earn any credits for which the person is eligible and the credits may be used for the purpose of increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court.

(c)  Title 40, chapter 35, part 5, regarding release eligibility status and parole, shall not apply to or authorize the release of a child sexual predator, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.

(d)  Nothing in title 41, chapter 1, part 5 shall give either the governor or the board of probation and parole the authority to release or cause the release of a child sexual predator, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.

(e)  (1)  The provisions of this section requiring child sexual predators to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 2007.

     (2)  The provisions of this section requiring multiple rapists to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 1992.

[Acts 1992, ch. 878, § 1; 1998, ch. 1049, § 10; 2007, ch. 525, § 1.]