SB 45
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 25, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 45
SUMMARY OF BILL: Adds a new sentencing enhancement factor for any offense where
the defendant is an adult and committed the offense with a minor, regardless of whether the minor
was convicted of the offense.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$1,288,900
Assumptions:
• Based on information provided by the Department of Correction, in FY23-24 the total
number of admissions by felony class was:
o Class A felony – 405;
o Class B felony – 2,790;
o Class C felony – 3,700;
o Class D felony – 1,857; and
o Class E felony – 1,230.
• This analysis estimates that one percent of all admissions in each felony classification will be
enhanced each year. The total increase in admissions by felony class is estimated to be:
o Class A felony – 4.05 (405 x 1.0%);
o Class B felony – 27.90 (2,790 x 1.0%);
o Class C felony – 37.00 (3,700 x 1.0%)
o Class D felony – 18.57 (1,857 x 1.0%); and
o Class E felony – 12.30 (1,230 x 1.0%).
• The average time served for a felony offense by felony class is currently:
o Class A felony – 12.82 years;
o Class B felony – 2.76 years;
o Class C felony – 1.5 years;
o Class D felony – 0.93 years; and
o Class E felony – 0.56 years
• This analysis assumes that the average offender is sentenced to the lowest period of
confinement within Range I and that each affected offender will be sentenced to the highest
period of confinement within Range I.
• Currently, the average time percentage of the sentence received for each class is:
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o Class A felony – 85.47 percent (12.82 average time served / 15 years, the lowest
sentence in Range I);
o Class B felony – 34.50 percent (2.76 average time served / 8 years, the lowest
sentence in Range I);
o Class C felony – 50 percent (1.5 average time served / 3 years, the lowest sentence
in Range I);
o Class D felony – 46.5 percent (0.93 average time served / 2 years, the lowest
sentence in Range I); and
o Class E felony – 56 percent (0.56 average time served / 1 years, the lowest sentence
in Range I).
• This analysis estimates that the offenders will serve a similar percentage of the sentences
enhanced under the proposed legislation
• The proposed legislation will increase the average time served for the enhanced offenders as
follows:
o Class A felony – 21.36 years (25 years, highest sentence in Range I x 85.47%);
o Class B felony – 4.14 years (12 years, highest sentence in Range I x 34.50%);
o Class C felony – 3.00 years (6 years, highest sentence in Range I x 50.00%);
o Class D felony – 1.86 years (4 years, highest sentence in Range I x 46.50%); and
o Class E felony – 1.12 years (2 years, highest sentence in Range I x 56.00%).
• Accounting for recidivism rates, the proposed legislation will result in:
o 2.44 Class A felony admissions annually serving an additional 8.54 years (21.36 –
12.82);
o 18.26 Class B felony admissions annually serving an additional 1.38 years (4.14 –
2.76);
o 24.22 Class C felony admissions annually serving an additional 1.50 years (3.00 –
1.50);
o 13.85 Class D felony admissions annually serving an additional 0.93 years (1.86 –
0.93); and
o 9.17 Class E felony admissions annually serving an additional 0.56 years (1.12 –
0.56).
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The estimated increase in incarceration costs is estimated to be the following over the next
three-year period:
Increase in State Expenditures
Amount Fiscal Year
$ 108,900 FY25-26
$ 654,800 FY26-27
$ 1,288,900 FY27-28
• Pursuant to Public Chapter 1007 of 2022, recurring costs increases are to be estimated on
the highest of the next three fiscal years; therefore, the recurring increase in incarceration
costs relating to sentence enhancements will be $1,288,900.
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• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal note are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director