TN Senate opens the door to deny bail for more Tennesseans

More Tennesseans could be denied bail under a measure that passed the state Senate on Monday. The state constitution only allows judges to hold defendants without the possibility of bail if they’ve committed a crime that may carry a death sentence. The resolution would ask voters whether that should be expanded to include second-degree murder, aggravated rape, terrorism and any crime that would not allow for parole until after 85% of the sentence has been served.

“It opens up a legislative back door to sort of tack on anything they want in the future by requiring the sentence be served at least 85%,” attorney Wesley Clark told WPLN News. “There are many offenses right now today which require that. And of course, sentencing is entirely up to the legislature, and it can change year to year.”

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Offenses like carjacking, aggravated robbery and certain gun-related charges could apply under the constitutional amendment.

The crimes listed as part of the resolution could lead to overcrowding in the state’s jails, Clark said, since the pre-trial period could last more than a year.

Sen. Todd Gardenhire, R-Chattanooga, raised that concern on the Senate floor.

“Nobody in this body has talked about how we’re going to pay for this thing when we put these people — which deserve it — in jail for a long time,” Gardenhire said. “That’s the unintended consequence of a good idea.”

The resolution’s sponsor, Sen. Jack Johnson, R-Franklin, said that he would approve more money to support the amendment, should it pass.

“This is not going to lead to a massive overrun of our jails,” Johnson said. “Who runs our jails in the state of Tennessee? Judges? No, our sheriffs do. Guess who endorses this amendment? … They believe the juice is worth the squeeze if it means they have to put a few more people in their jails to keep them from reoffending and harming our fellow citizens.”

Democrats opposed the amendment, tallying 73 new crimes that could allow judges to deny bail.

“This will inhibit someone who may be innocent from being able to continue their lives,” said Sen. London Lamar, D-Memphis. “They could lose their business, their home, their family, and there is no restitution for them. If they were being held and end up being found not guilty.”

The resolution still needs to pass the Tennessee House before it can go before voters on the next gubernatorial ballot.