NASHVILLE, Tenn. (WKRN) — Should some violent offenders be denied bail? Tennessee voters would have the final say if a proposed constitutional amendment passes this legislative session.
The resolution, which already passed last legislative session, is a proposed constitutional change to give judges the power to deny bond for offenders charged with certain violent crimes, including acts of terrorism, second-degree murder, and aggravated rape.
“[It] seeks to do one of the most democratic things that we as a body can do, and that is to allow the voters of Tennessee to decide whether the perpetrators of certain egregious violent crimes can be held in jail without bond, and currently the constitution only allows that for capital crimes,” Rep. Dan Howell (R-Cleveland) said in April 2024 to lawmakers on the House floor.
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Since it would require a change to the constitution, the measure needs to pass again this legislative session before going on the ballot for a vote.
News 2 has covered multiple stories of criminals being released from jail on low or no bond, only to commit more violent crimes. Various police agencies have described the issue in the past.
“We make the arrests, the individual goes into the system, and they’re released,” Chief John Drake of the Metro Nashville Police Dept. said in April 2024.
“That’s a problem we’re having is people who are already charged are out on bond committing crimes, and at some point, the legislature will have to fix this problem,” Chief Kenny Ray with the Ashland City Police Dept. told News 2 in June 2024.
The proposal sailed through the House Criminal Justice Subcommittee Wednesday, 7 to 2, with no questions or debate.
However, Jeff Clayton, executive director of the American Bail Coalition told News 2 there could be some resistance ahead.
“It’s a fundamental change to Tennessean’s constitutional rights to bail,” Clayton said. “If you’re charged as a first-time offender under an 85% charge and a prosecutor moves to deny bail, you’re going to be sitting there perhaps up to a year, and that’s a problem if you’re innocent,” he continued. “We think this needs to be rethought and target third-strikers and people like that who have already been convicted in the system multiple times, and then it’s time to deny bail.”
Clayton argued the state could also ban judges from granting free bail for violent offenders, which has happened in Memphis. One Shelby County criminal court judge resigned amid criticism for releasing multiple murder suspects from jail on their own recognizance, instead of issuing a cash bail.
Clayton told News 2 judges in other states, like Texas, are barred from releasing serious, violent offenders on “free bail.”
“They’re keeping serious offenders from falling out the bottom end of the system,” Clayton said. “In this case what we’re doing is, we’re taking people who are getting high bails anyway, $1 million, $2 million, and just denying bail; probably bails that many of them aren’t posting anyway. Really, that’s the issue is that you have multiple-time repeat felony defendants getting out in places like Memphis on free bail with no accountability.”
In order for the resolution to pass this legislative session, it needs to receive the majority of votes in both the House and Senate. Then, it would be put on the ballot in Nov. 2026, where it would need to receive the majority of the total number of votes in the election to become official.
