Tenn. bail amendment could affect 144 additional offenses, report finds
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Constitutional Amendment #1 on the Nov. 3 ballot could allow judges to deny bail for as many as 144 additional criminal offenses, according to a new report from the nonprofit ThinkTennessee.
Why it matters: The amendment would alter a constitutional protection that has existed in Tennessee since 1796, potentially allowing more people to be kept in jail while awaiting trial.
Friction point: Supporters, including Tennessee prosecutors and top Republicans, say it would give judges additional tools to protect the public from people accused of serious crimes.
- Opponents, including the ACLU of Tennessee, warn that expanding pretrial detention would weaken protections for people who have not been convicted and could increase pressure on local jails.
How it works: Tennessee's constitution currently guarantees the right to bail except in capital cases when the evidence meets a high threshold.
- The amendment would expand judges' discretion to deny bail on charges including second-degree murder, terrorism and aggravated rape. It would also cover a suite of other offenses that require convicted defendants to serve at least 85% of their sentences.
- Judges would have to explain their decisions on the record.
The big picture: The amendment could put additional pressure on Tennessee's already strained county jails.
- As of June, jails in 21 of the state's 95 counties were operating at or above capacity, according to ThinkTennessee.
Follow the money: Counties spend an average of $69.20 housing an inmate per day. It's unclear how many additional people might be detained if the amendment passes.
- WPLN reported that Senate Majority Leader Jack Johnson (R-Franklin) said he does not expect a significant increase in detention costs, because he anticipates relatively few additional bail denials.