NASHVILLE, Tenn. — The first of three constitutional questions on Tennessee ballots Tuesday asks voters whether judges should get wider power to keep people charged with the most serious violent crimes in jail until trial.
As the Tennessee Constitution reads now, every defendant has a right to bail unless the charge is a capital offense and the proof is evident or the presumption of guilt is great. Amendment 1 would rewrite Article I, Section 15 to add a longer list of charges where a judge could refuse bail under that same standard.
Five named charges would join capital murder on that list: second-degree murder, terrorism, grave torture, aggravated rape and, separately, aggravated rape of a child. A seventh category reaches further: any offense carrying a rule, as of Nov. 3, 2026, that someone found guilty must serve 85 percent or more of the term before getting out. Opponents note that clause sweeps in dozens of offenses that never appear by name on the ballot, with most counts topping 70.
The measure also adds a transparency requirement. Whenever a judge or magistrate grants or denies bail for one of the listed charges, the reasons must go into the court record.
Supporters say the change lets judges hold dangerous defendants who today can walk out by posting a large bond, and that decisions would be open to review. Critics say pretrial detention could crowd county jails the state does not reimburse and could cost people who are later cleared their jobs and homes.
The Fiscal Review Committee estimated only a one-time cost of $9,400 to local governments in the 2026-27 budget year to print a longer sample ballot.
Passing takes more than a simple majority. Yes must beat no, and the yes total must also be larger than half the combined vote for every candidate for governor. That means leaving the question blank works against it. The proposal already cleared two General Assemblies, as SJR 919 in the 113th and SJR 25 in the 114th.
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