Battles over Tennessee’s bail laws are escalating as legislative moves aim to keep more defendants in jail until their court date. Just City, along with the ACLU, is challenging a new law that prohibits judges from considering a defendant’s ability to pay when setting bail. Critics argue that this violates fundamental fairness. On the other hand, the bail industry is opposing a constitutional amendment that would remove the right to bail for certain offenses, forcing offenders to serve at least 85% of their sentence.
Republican Sen. Todd Gardenhire argues that this measure will require the state to spend millions on building more jails. The bill has passed both the Senate and the House but must still go through the 114th General Assembly to be placed on the 2026 ballot.
The Just City lawsuit targets Shelby County reforms that have allowed unnecessary detention of individuals unable to afford bail. Meanwhile, legislators like Sen. Brent Taylor and Rep. John Gillespie are pushing for bail to be based on factors such as the severity of the crime, rather than a defendant’s ability to pay. The bail industry has not taken a stance on this legislation, which went into effect on May 1.
Experts like attorney Joel Moseley believe that the new law will not significantly change bail-setting practices, which already focus on the severity of the offense. The battle over Tennessee’s bail laws continues as different groups and legislators advocate for their positions on this contentious issue.
Source
Photo credit tennesseelookout.com