The debate about a controversial criminal sentencing measure is over. After months of back and forth, Tennessee lawmakers voted to pass a bill last week that would require many people to spend much longer in prison.
HB2656 / SB2248 harkens back to the tough-on-crime era of the 1990s that caused prison populations to balloon. If the governor signs it into law, history could repeat itself.
The so-called “truth in sentencing bill,” in its final form, eliminates early release for most violent crimes and drastically limits it for multiple other offenses.
The details have changed multiple times over the course of the legislative session. However, the amended version that ultimately passed requires people convicted of nine violent crimes — ranging from homicide to carjacking and aggravated burglary — to serve 100% of their sentence, with no chance of parole or good time credits. Those found guilty of several other charges — including drug dealing, on a third or subsequent conviction — would be eligible for parole only after serving 85% of their sentence.
The bill passed largely along party lines, with just a handful of votes against in both chambers. Gov. Bill Lee has not said publicly if he supports the legislation, and his office says he is still reviewing the final draft.
Proponents say the bill will provide closure for victims and make communities safer. In fact, that was a big selling point for Republicans.
House Speaker Cameron Sexton, who sponsored the legislation, gave a rare speech on the floor defending his proposal before the final vote.
“This legislation attempts to put a line in place to tell violent criminals in our state: ‘Do not cross that line,’” he said. “Because for far too long, we have had lines that are made in chalk.”
Others agreed. Rep. Bruce Griffey called it “some of the best legislation” the House speaker had ever proposed. Rep. William Lamberth said it was “guaranteed to make this state safer.”
“This bill fixes what needed to be fixed a long time ago, and that’s for victims,” Rep. Bud Hulsey, who co-sponsored the bill, said during a speech on the House floor last week. “This bill doesn’t focus on inmates. This bill focuses on victims. Victims and families of violent crime.”
‘Not evidence that it works’
Critics, on the other hand, worry the measure would explode the prison population and give folks inside little motivation to better themselves. Without the chance of early release, experts and advocates expect a drop-off in participation for rehabilitative programs.
Longer prison stays would also likely require the state to build more prisons and hire more employees, at a time when state penitentiaries are already experiencing dire staffing shortages. The Tennessee Department of Correction estimates it could cost taxpayers about $100 million every year once the number of people behind bars increases.
Multiple Democrats in both chambers pleaded with their fellow lawmakers not to take the state backward.
“I’m curious why we are now going back in time and trying to pass a state-level truth in sentencing law that has pretty much proved to be a failure,” Rep. John Ray Clemmons asked on the House floor.
Sen. Jeff Yarbro said, “There’s just not evidence that it works.”
Rep. G.A. Hardaway warned that reducing incentives for good behavior could increase the state’s already high recidivism rate.
“I’m willing to come back and tell you that I was wrong in a few years if this works,” he said. “But I don’t think so.”
Sexton says he’s not opposed to criminal justice reform — including to prevent crimes before anyone ends up in prison. But he says that’s a conversation for another year.
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