Tennessee courts could be forced to stop considering financial status when setting bail

Tennessee lawmakers want courts to stop considering a defendant’s financial situation when setting bail.

Supporters of the controversial bill say that inmates already have a process that allows them to show proof that they can’t afford bail.

More: Bipartisan Tennessee proposal would ask voters to expand judges’ ability to deny bail

“If the defendant can demonstrate through evidence that the bond has been set beyond their reach, then they are able to petition the court for a bond modification or reduction,” said Nick Debord a private bails bondsman and Vice President of the Tennessee Bail Agency.

Opponents, however, argue it’ll put a pay wall in front of those who may not have the financial means to pay it, saying the change would exacerbate overcrowding in jails.

“What this means in practice is that our county jails will be full of folks who simply cannot afford to make a bond,” said Madison Biggs, an assistant public defender in Nashville .

Biggs added that the number of pre-trial detainees has already grown exponentially in Tennessee. A Sycamore Institute study shows the state’s pre-trial detainee population grew nearly 40% from 1991 to 2018, the fastest in the nation.

The measure passed the House Criminal Justice Subcommittee and will now head to the full committee. The Senate version hasn’t made it to its first committee stop yet.