NASHVILLE, Tenn. — Tennessee voters deciding Constitutional Amendment 1 are weighing a change to the state guarantee of pretrial bail, and a new nonprofit analysis says the measure could reach as many as 144 more criminal offenses.
Today the state constitution says nearly every jailed defendant can be released on bail, with the lone exception of capital cases where the evidence of guilt is strong. That protection dates to 1796.
The amendment would widen the list. According to the Secretary of State, judges could refuse bail to people charged with any of seven kinds of crimes: offenses that carry the death penalty, terrorism, second-degree murder, grave torture, aggravated rape, the aggravated rape of a child, and any charge whose conviction requires serving at least 85 percent of the sentence.
Judges and magistrates would also have to write down their reasons for granting or refusing bail in those cases. The habeas corpus protection already in the constitution stays in place.
The nonprofit ThinkTennessee counts as many as 144 additional offenses that could become eligible for denial of bail. Its report warns of added strain on county jails, noting that as of June, 21 of the 95 counties had jails at or beyond capacity. Counties spend an average of $69.20 a day to house one inmate, and how many more people might be held is not known.
Tennessee prosecutors and leading Republicans back the change as a way to keep people charged with serious violent crimes off the street. The ACLU of Tennessee opposes it, arguing that holding more people before trial chips away at the rights of those not yet found guilty.
Passing an amendment in Tennessee takes two things. Yes votes must outnumber no votes, and the yes total must exceed half of all the votes cast in the race for governor. If either test fails, the constitution stays as it is.
Amendment 1 is one of three proposed changes on the Nov. 3 ballot, listed right after the governor candidates. The others would bar a state property tax and rewrite the rights of crime victims. Early voting continues through Thursday.
Section: More Nashville TN politics news
Filed under: Nashville TN Politics News
