Tennessee Code Annotated
Tenn. Code Ann. § 40-23-101 (2026)
Commencement of sentence - Credit for pretrial detention and jail time pending appeal
✓ current as of May 2026
- (a) When a person is sentenced to imprisonment, the judgment of the court shall be rendered so that the sentence shall commence on the day on which the defendant legally comes into the custody of the sheriff for execution of the judgment of imprisonment.
- (b)
- (1) This section shall not apply in a case where, after the rendition of the judgment of imprisonment, an execution of the judgment is stayed by appeal or otherwise.
- (2) This section shall not interfere with the operation of the statute requiring sheriffs in whose custody defendants come for execution of judgments of imprisonment to commit those defendants as soon as possible to jail or to the warden of the penitentiary.
- (c) The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court so as to allow the defendant credit on the sentence for any period of time for which the defendant was committed and held in the city jail or juvenile court detention prior to waiver of juvenile court jurisdiction, or county jail or workhouse, pending arraignment and trial. The defendant shall also receive credit on the sentence for the time served in the jail, workhouse or penitentiary subsequent to any conviction arising out of the original offense for which the defendant was tried.
- (d) In the event the person sentenced appeals the cause to the supreme court and is required to spend time in jail pending the appeal, the supreme court may modify the original sentence allowing a reduction for the time spent in jail pending an appeal upon a petition being filed in the defendant's behalf setting out the time spent in jail within five (5) days after the announcement of the supreme court decision; provided, that the facts alleged in the petition are verified by the clerk of the court where the sentence was imposed. This section applies in both felony and misdemeanor cases.
- (e) A certified copy of the order modifying the original sentence in each case shall be forwarded by the clerk of the supreme court to the warden of the state penitentiary.
Acts 1919, ch. 67, § 1; Shan. Supp., § 7242a1; Code 1932, §11849; Acts 1955, ch. 303, § 1; 1959, ch. 13, § 1; 1963, ch. 32, § 1, 1965, ch. 145, § 1; 1974, ch. 639, § 1; 1976, ch. 664, § 1; T.C.A. (orig. ed.), § 40-3102.
Notes of Decisions
Cited in 145
cases (23 in the last 5 years), 1983–2026 · leading case: Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009).
Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 40-23-101 provides, in pertinent part, as follows: *123 The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court…”
Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008). “Tenn. Code Ann. § 40-23-101 (c). In support of this argument, the Petitioner again cited State v.”
State of Tennessee v. Adrian R. Brown, 479 S.W.3d 200 (Tenn. 2015). “Brown argued that his sentences are illegal because: (l) ’the *203 trial court failed to award him pretrial jail credit, as mandated by Tennessee Code Annotated section 40-23-101(c) (2012); 4 (2) the trial court imposed six-year sentences on his Class C felony convictions when…”
State v. Walker, 905 S.W.2d 554 (Tenn. 1995). “The next, although first in order in the Code, is Tenn. Code Ann. § 40-23-101 , the pertinent parts of which provide: (a) Hereafter, when a person is sentenced to imprisonment, the judgment of the court shall be rendered so that such sentence shall commence on the day on which…”
State v. Henry, 946 S.W.2d 833 (Tenn. Crim. App. 1997). “T.C.A § 40-23-101(b). The awarding of these credits is mandatory.”
State v. Turner, 919 S.W.2d 346 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 40-23-101(b); see Marsh v.”
State v. McKnight, 51 S.W.3d 559 (Tenn. 2001). “(discussing Tenn.Code Ann. §§ 40-23-101; -103; and 41-4-121).”
Jeffery Yates v. State of Tennessee, 371 S.W.3d 152 (Tenn. Crim. App. 2012). “Although the Petitioner believes that the last sentence of subsection (c) required the trial court to amend the judgment of conviction to include postjudgment jail credit, this court reads the last sentence of subsection (c) as addressing credit earned by a defendant from the…”
Dominique Wallace v. United States, 43 F.4th 595 (6th Cir. 2022). “Tenn. Code Ann. § 40-23-101 (c); id. § 40-35- 211(1); State v.”
Davis v. Campbell, 48 S.W.3d 741 (Tenn. Ct. App. 2001). “There is no question that he is entitled to credit for this time, Tenn.Code Ann. § 40-23-101(c) (1997); Stubbs v.”
Joe Mosley v. State of Tennessee, 475 S.W.3d 767 (Tenn. Ct. App. 2015). “Tennessee Code Annotated Section 40-23-101(c) provides that a criminal defendant convicted of a crime shall receive credit on his sentence for the time served in jail prior to trial pending arraignment or trial.”
State of Tennessee v. Tyrone Watkins, 972 S.W.2d 703 (Tenn. Crim. App. 1998). “[[Image here]] Tenn.Code Ann. § 40-23-101. Our law requires that the pretrial jail credit diminish the sentence: In imposing a misdemeanor sentence, the court shall fix a specific number of months, days or hours, and the defendant shall be responsible for the entire sentence…”
— Tenn. Code Ann. § 40-23-101(a) — 6 cases
State v. Walker, 905 S.W.2d 554 (Tenn. 1995). “The next, although first in order in the Code, is Tenn. Code Ann. § 40-23-101 , the pertinent parts of which provide: (a) Hereafter, when a person is sentenced to imprisonment, the judgment of the court shall be rendered so that such sentence shall commence on the day on which…”
Wilson v. State, 882 S.W.2d 361 (Tenn. Crim. App. 1994).
State of Tennessee v. Timothy Aaron Baxter (Tenn. Crim. App. 2025).
William Fisher v. Jerry Lester, Warden (Tenn. Crim. App. 2012).
State of Tennessee v. Michelle D. Shoemaker (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 40-23-101(a)(2) — 1 case
Wilson v. State, 882 S.W.2d 361 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 40-23-101(b) — 4 cases
State v. Turner, 919 S.W.2d 346 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 40-23-101(b); see Marsh v.”
State v. Henry, 946 S.W.2d 833 (Tenn. Crim. App. 1997). “T.C.A § 40-23-101(b). The awarding of these credits is mandatory.”
State v. Abernathy, 649 S.W.2d 285 (Tenn. Crim. App. 1983).
State v. Frederick Cavitt (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 40-23-101(c) — 82 cases
Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 40-23-101 provides, in pertinent part, as follows: *123 The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court…”
Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008). “Tenn. Code Ann. § 40-23-101 (c). In support of this argument, the Petitioner again cited State v.”
State of Tennessee v. Adrian R. Brown, 479 S.W.3d 200 (Tenn. 2015). “Brown argued that his sentences are illegal because: (l) ’the *203 trial court failed to award him pretrial jail credit, as mandated by Tennessee Code Annotated section 40-23-101(c) (2012); 4 (2) the trial court imposed six-year sentences on his Class C felony convictions when…”
State v. Henry, 946 S.W.2d 833 (Tenn. Crim. App. 1997). “T.C.A § 40-23-101(b). The awarding of these credits is mandatory.”
Davis v. Campbell, 48 S.W.3d 741 (Tenn. Ct. App. 2001). “There is no question that he is entitled to credit for this time, Tenn.Code Ann. § 40-23-101(c) (1997); Stubbs v.”
— Tenn. Code Ann. § 40-23-101(d) — 2 cases
State v. Henry, 946 S.W.2d 833 (Tenn. Crim. App. 1997). “T.C.A § 40-23-101(b). The awarding of these credits is mandatory.”
Charles Mullins v. State of Tennessee (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-23-101(e) — 1 case
Jeffery Yates v. State of Tennessee, 371 S.W.3d 152 (Tenn. Crim. App. 2012). “Although the Petitioner believes that the last sentence of subsection (c) required the trial court to amend the judgment of conviction to include postjudgment jail credit, this court reads the last sentence of subsection (c) as addressing credit earned by a defendant from the…”
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