Politics
Tennessee Amendment 1 would widen judges’ power to hold felony defendants without bail
A proposed constitutional amendment on the Nov. 3 ballot would let judges deny bail in a broader range of cases, including more than 70 felony offenses. Supporters say it would protect victims; opponents warn it could keep people accused of crimes in jail before conviction and worsen overcrowding.
Tennesseans will vote Nov. 3 on whether to expand judges’ authority to deny bail to people accused of crimes, a change supporters say could prevent repeat offenses and critics say risks jailing people who have not been convicted.
Tennessee’s constitution currently permits judges to deny bail in capital cases, including first-degree murder. Amendment 1 would extend that authority to additional offenses. The proposed list includes second-degree murder, aggravated rape, aggravated rape of a child, grave torture and acts of terrorism, as well as more than 70 other felonies.
Under the amendment’s terms, a judge could deny bail on an arrest if the charge is among the listed offenses and a conviction could require the accused person to serve at least 85% of the sentence. The proposal would also require judges to explain on the record why they granted or denied bail, according to House Speaker Cameron Sexton, a Republican who supports the measure.
“We see it all the time or have seen it all the time where criminals re-offend when they're out on bail for another crime and then they get back in and they come back out and make bail, re-offend again,” Sexton said. He said the amendment would protect victims and families.
State Rep. Vincent Dixie, a Nashville Democrat, urged voters to reject the amendment at a Wednesday news conference. He argued that people accused of crimes could remain jailed despite being innocent and that the measure’s broad list goes beyond the most serious violent offenses.
Dixie pointed to offenses involving the manufacture, delivery or sale of controlled substances as an example of why he opposes the amendment’s provision covering more than 70 felonies. He also warned that holding more defendants in jail could strain county facilities already over capacity and increase costs for taxpayers. Sexton said the state currently reimburses counties for incarceration costs.
Dixie owns a bail-bonding company, which earns money by helping people secure release. Asked whether that created a conflict of interest, he said he was providing a service to help people return home and cited faith leaders and community advocates who joined him at the news conference.
The debate puts public safety and victims’ concerns alongside questions about pretrial detention, jail capacity and the presumption of innocence. Amendment 1 would change the rules for decisions made before a trial, not determine whether a person charged with an offense is guilty.