Latest news with #ReentrySuccessActof2021
Yahoo
06-05-2025
- Politics
- Yahoo
Gov. Bill Lee's first veto is smart on crime, and courageous
Governor Bill Lee should be applauded for his courage in issuing his first veto on a small bill which could have had big consequences. The proposed law, if signed, would have allowed the Board of Parole to deny release for eligible inmates solely due to the 'seriousness of the crime' and regardless of their rehabilitation or risk of recidivism. This would have increased state spending for housing inmates with no demonstrated benefit to public safety. 'Seriousness of the crime' should only be considered at sentencing As an attorney, I have represented clients at parole hearings and in court when sentences are imposed. Most people expect that parole will be granted upon eligibility if they stay out of trouble and take whatever classes and programs they can while incarcerated. But the 'seriousness of the crime' factor allows the Parole Board to deny release regardless of how well the person has done in prison. Gov. Bill Lee speaks during a press conference on the last day of session at The Tennessee State Capitol building in Nashville , Tenn., Tuesday, April 22, 2025. This unfairly 'double counts' the facts of the underlying crime. After all, that information already informed the offender's sentence as well as any possible parole eligibility. Offenders become eligible for parole at a certain time because of the relative seriousness of the crime, not despite it. But when the 'seriousness of the crime' factor is part of the listed reasons parole can be denied, the Parole Board is bound to consider it. I have seen offenders denied parole even though they had no disciplinary issues since their last hearing, which is fully within the Parole Board's discretion when authorized. More: Parole increasingly rare in Tennessee as grant rate, number of hearings falls again The parole law previously allowed for the 'seriousness of the crime' to be considered in parole decisions for all convictions, including non-violent drug crimes. Under Governor Lee's leadership, the factor was appropriately limited by the Reentry Success Act of 2021 and allowed to apply only to the most heinous offenses, such as murder and human trafficking. The proposed amendment would have taken us backwards by removing that constraint. Denying parole to deserving inmates costs money and discourages rehabilitation If the legislature thinks some crimes are too serious to merit parole release after some number of years, they can change that through increasing sentence length or parole eligibility, or by denying eligibility altogether. They have done just that in recent years. We all want to see a decrease in crime and recidivism. It makes sense that rewarding good behavior in prison with early release will promote those goals, since most eligible offenders will all be released at some point anyway. By contrast, I have seen no evidence that offenders will be less likely to commit new crimes if they serve more time in prison based solely on past facts, and regardless of any demonstrated improvement. Through his veto, Governor Lee has again reflected his commitment to being 'smart on crime.' In his final years in office, I hope the legislature will work with him to further promote public safety. Ben Raybin, criminal defense, clemency, and civil rights law attorney Ben Raybin is an attorney at Raybin & Weissman, PC. He practices primarily in criminal defense, clemency, and civil rights law. This article originally appeared on Nashville Tennessean: TN governor's first veto shows commitment to justice reform | Opinion
Yahoo
06-05-2025
- Politics
- Yahoo
Tennessee governor issues first veto on parole authority expansion
Gov. Bill Lee, pictured March 20, 2025, issued his first veto in his six-plus years in office on May 5, 2025. (Photo: John Partipilo/Tennessee Lookout) Tennessee Gov. Bill Lee issued the first veto of his six-plus years Monday against a measure that would have expanded authority of the state Probation and Parole Board. Lee sent a veto letter to the speakers of the House and Senate saying he is returning SB455/HB527 because the new bill would be a 'step backwards' from the advances of the Reentry Success Act of 2021. That measure passed overwhelmingly with a single no vote 'because we all know we cannot tackle crime without tackling recidivism. Together we recognized that the vast majority of offenders will return to our communities, and their successful reentry impacts the safety of every neighborhood for the better,' Lee said. The governor said two years after the Reentry Success Act passed, the state recorded its lowest recidivism rate in history, the rate for which convicts return to prison, 'meaning fewer crimes and fewer victims.' Lee added he is 'confident' the board and other 'safeguards' can make sure parole is 'awarded appropriately.' Current statute allows the parole board — which is appointed by the governor — to deny parole based solely on the seriousness of the offense for 22 violent felonies. The bill seeks to broaden that authority beyond those crimes. Republican Rep. Rick Scarbrough of Oak Ridge and Republican Sen. Paul Rose of Covington passed the bill with little debate along party lines, 75-16 in the House and 22-4 in the Senate. Scarbrough, former police chief of Clinton in East Tennessee, issued a statement saying he had dedicated his career to protecting his community and in January 2026 would work to override the veto, which takes a simple majority of the House and Senate. 'While I have deep respect for Gov. Lee, I am both surprised and disappointed by his decision to veto this bill,' Scarbrough said. 'This legislation addresses critical gaps in our parole system while strengthening public safety and confidence, ensuring that serious offenses aren't minimized.' The law currently allows the parole board's finding to be the sole basis for denial for offenses including murder, voluntary manslaughter, vehicular homicide, kidnapping, human trafficking, especially aggravated robbery, rape of a child and sexual battery. The bill increases the number of offenses for which the board would be able to revoke parole and probation, including aggravated assault resulting in death, fentanyl delivering resulting in death or injury, reckless homicide, carjacking, aggravated robbery, aggravated kidnapping, aggravated assault with a deadly weapon on a first responder, reckless endangerment and several other offenses such as money laundering, financial exploitation of a vulnerable adult, terrorism offenses, abuse of a corpse and official misconduct/oppression. In a March Senate Judiciary Committee meeting, Rose said the bill allows the parole board to have 'more discretion in granting or denying parole' in situations where 'releasing the inmate might erode public confidence in the legal system and signal that certain crimes aren't taken seriously.' The bill gained support from the Tennessee District Attorney General Conference. 'The parole board should be given the greatest discretion to determine which among those inmates deserve to be kept from among us, and those which can be released back into society,' Executive Director Stephen Crump said at the hearing. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
