Latest news with #TennesseeDistrictAttorneysGeneralConference
Yahoo
23-05-2025
- Politics
- Yahoo
Stockard on the Stump: Veto override on the skids in Tennessee Senate
Steve Crump, Executive Director of the Tennessee District Attorneys General Conference, at left, and Mike Donavan, deputy executive director. The organization blasted Gov. Bill Lee over his veto of a bill expanding the authority of parole boards. (Photo: John Partipilo/Tennessee Lookout) A move to override Gov. Bill Lee's first veto is crumbling. Sen. Paul Rose, a Covington Republican who sponsored the bill that Lee vetoed in early May, told the Tennessee Lookout this week he will not pursue an override on the bill expanding authority of the Board of Parole and Probation to deny inmates' requests. Rose said he spoke with the parole board and was assured it has the authority to deny based on the 'severity' of the crime. 'Somebody else may pick it up, but I do not plan to,' Rose said. 'I don't plan to die on that hill. Not that I'm expecting to die, but it's just not one I want to fight.' The West Tennessee lawmaker who consistently backs conservative legislation notified the Tennessee District Attorneys General Conference this week he would not seek to override the measure it brought to him for passage. Rose could hand the measure to Republican Sen. Brent Taylor of Shelby County. But Taylor told the Lookout he wants to consult with the Governor's Office and the House sponsor, Republican Rep. Rick Scarbrough of Oak Ridge, before making a decision. Taylor indicated that Lee might have a different view of the bill than the legislature, which passed it with little, if any, debate. Scarborough, a former Clinton police chief in his first legislative term, said immediately after the governor's veto that he would work toward an override, which requires only a simple majority vote of both houses. But Sen. Todd Gardenhire, chairman of the Judiciary Committee, predicted an override would fail if it does come before the Senate. Gardenhire added that it's not the right fight to take to the governor, even if he has only a year remaining in his second term. This doesn't appear to reflect a rift, either, between the governor and legislature on law-and-order bills, even though they've had their share of disagreements. Instead, it stems from frustration within the DAs Conference that the governor would veto its bill. The conference released a fiery statement in the wake of Lee's veto condemning his decision and calling the move 'dangerous' for Tennesseans. DAs Conference Executive Director Steve Crump gave a statement in response to questions: 'We are aware of Sen. Rose's position. We remain committed to expanding the Parole Board's authority in a way that supports rehabilitation while affirming the seriousness of crime. We are already in conversations with Sen. Taylor and are open to all options in pursuit of the passage of this bill. The measure expands the number of offenses for which the parole board can refuse to grant parole, from 22 to about 50.' Maybe they're not accustomed to losing. But senators felt the missive went overboard in attacking the governor on an obscure bill that isn't likely to have a major impact on the criminal justice system and protecting victims. The legislature's Fiscal Review Committee, acting on advice from Attorney General Jonathan Skrmetti, opted to postpone bids for six months for two contracts totaling $1 billion in mental health and health services for the Department of Correction. New litigation filed by Wexford Health Source drove the delay, although few people expect the matter to be resolved by November. The state awarded a contract to a company called Centurion Health even though one of its former officials pleaded guilty in connection with big-rigging accusations when a state official provided information to a company officer during bidding for a state contract. Democratic Sen. Heidi Campbell of Nashville was the lone vote against extending contracts with Centurion in Wednesday's Fiscal Review meeting. 'It's absolutely indefensible that we are going to re-up a contract with a provider that has been big-rigging and had all kinds of issues with the service and is involved in a lawsuit, and this whole thing has been done with the recommendation of the AG,' Campbell told the Lookout. 'It's not only bad advice, it's malpractice.' The Department of Correction accepted contract offers from Wexford, which is represented by state Sen. Jeff Yarbro, a Nashville Democrat, and YesCare over the past year but held those up when Centurion protested. Wexford is challenging the decision with a lawsuit. Visual analysis: Centene's push in Tenn. comes as settlements with other states for fraud pile up Prison contractor Corizon also sued the state in 2021 claiming the state and Centurion officials conspired in the bidding. At the same time, the Department of Correction raised the performance bond on mental health services to $118 million from $1 million, making it harder for Corizon and small companies to win state bids, according to the filing. The bid-rigging lawsuit was dismissed with prejudice in early 2022. Centurion was previously connected to Centene, a company that tried to persuade state lawmakers to pass legislation enabling it to obtain a TennCare contract for managed care after it failed to win a contract bid. House Speaker Cameron Sexton co-sponsored the bill, saying more 'openness' was needed in TennCare contracting. Former Democratic Rep. Jason Hodges of Clarksville called it a case of 'bid-rigging.' In case anyone was wondering whether Tennessee parents and students would go for the $7,300 the state is offering with a new program for private-school vouchers, the proof is in the bank. The Department of Education said this week it received more than 38,000 applications for the money, which can go toward 20,000 students this coming school year, followed by annual expansions. Of those, 18,852 applications were for kids who qualify based on income, at or below 300% of the federal lunch program, which would be about $173,000 for a family of four, while 19,300 were for 'universal scholarships.' In other words, half the vouchers are to go toward those poor souls pinching pennies at close to $175 grand a year. Lawmakers who argued for the vouchers said they hoped to help the single mother with two children to put her kids into a better school, proof that they have no faith in public schools or the children who attend them. But this isn't designed for poor people. During the governor's bill-signing ceremony, he was backed by students wearing their private-school colors, not the poor, downtrodden kids whose mother is working 70 hours a week to put food on the table. The program is slated to cost about $400 million next year and escalate to $1.1 billion in five years, Democratic Rep. John Ray Clemmons says, calling Gov. Lee's program 'a scam that will harm students, de-fund public education and expedite our state's impending budget crisis.' Lee and Republican lawmakers have continually defended the concept by saying students shouldn't be stuck in failing schools because of their ZIP code. Here's the question, though: Are the schools failing the kids or is the state failing the schools? Or are the students just failing to crack a book? The more lawmakers get involved in education, the worse it gets. House Democratic Caucus Leader Karen Camper issued a blistering rebuke of AG Skrmetti this week, accusing him of 'a breach of trust' that eroded his credibility in regard to absorbing Tennessee Human Rights Commission employees. Lawmakers voted this year to merge the commission, which is designed to protect people from discrimination, into the AG's Office. But at what cost? The commission has been in place since the early 1960s. But lawmakers said it wasn't doing what it was supposed to do, so they turned the politically independent agency over to Skrmetti, who has proven to be a bit partisan. Tennessee legislature puts state watchdog agency under attorney general Camper said in her letter that Skrmetti told her the 30 employees were to be absorbed into other state agencies to continue protecting people from discrimination. The Nashville Banner reported that they initially were told they'd be laid off July 1 but then were given a week to prep resumes and reapply for their jobs. The report led Camper to say Skrmetti could be remembered 'as the one who dismantled a vital institution and misled those trying to protect it' or one who 'corrected course and chose to stand on the side of fairness, truth and the people of this state.' The AG's Office didn't respond Thursday to a Lookout request for comment. When Republican Rep. Andrew Farmer introduced a bill on the House floor this year to ban Glock switches, Democratic lawmakers hooted at him. They'd been trying to pass a similar bill for years, and Democratic Rep. Antonio Parkinson of Memphis made the point that their legislation was getting hijacked. Regardless, Farmer moved on with the measure, enabling Republicans to take credit for a new gun control law signed by Gov. Lee. Speaker Sexton and Senate Majority Leader Jack Johnson sponsored the bill. Moms Demand Action and Everytown for Gun Safety issued a statement this week commending them for joining a bipartisan movement supported by law enforcement. Glock switches allow handguns to be converted into illegal fully automatic machine guns with after-market tools. They've been used in multiple mass shootings, including one in Memphis, according to the group. Lawmakers could have done this two years ago in the wake of the Covenant School mass shooting that claimed six lives. But for some odd reason, they waited until few people were paying attention and passed it in the waning days of this year's session when everyone was torn up about immigrant students and a Memphis school takeover. Some would call that odd. The Tennessee Journal reports that former Sen. Brian Kelsey will have his state pension renewed after President Donald Trump pardoned him for a federal campaign finance conviction. This is great news for Tennessee taxpayers, coinciding with musician John Rich's request for the president to pardon Cade Cothren, recently convicted on 19 counts in a political kickback scheme, with former House Speaker Glen Casada. Rich says in a post on X, formerly Twitter, that Cothren was persecuted by the FBI and faces 20 years in prison for a 'false, TN State, minor infraction.' Nevermind the mountain of evidence prosecutors presented showing he tried to cover up his involvement in Phoenix Solutions to tap into state funds and campaign and Republican Caucus money. Caucus Chairman Jeremy Faison joined the fray, saying the pair was found guilty by 'an impartial jury.' Faison drew a response from Cothren's girlfriend, Ava Korby, who called him everything but sliced bread and said he got his talking points from the person who makes sure he keeps his post, an apparent allusion to Speaker Cameron Sexton. Cothren had to promise the judge he would keep his nose clean and avoid text battles in order to remain free on bond until his Sept. 12 sentencing. It's not clear whether this violates his word, but it could fall into the questionable category. Likewise, the president might not have realized he set a precedent when he pardoned the people involved in the Jan. 6 insurgency at the Capitol who were responsible for the deaths of multiple police officers. If he lets them off the hook, he has little choice but to do the same with any political ally convicted of a lesser crime. But the bigger question is: Why do we have a justice system anymore if the president keeps letting felons go free on a whim? Just make him judge, jury and executioner, or have we already? 'There's a little black spot on the sun today / It's the same old thing as yesterday.' * *'King of Pain,' The Police SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
20-05-2025
- Politics
- Yahoo
Tennessee prosecutors blast governor's veto of expanding parole board authority
A state attorney generals' conference is slamming Gov. Bill Lee's veto of a measure giving more authority to parole boards. (Photo: John Partipilo/Tennessee Lookout) The Tennessee District Attorneys General Conference is denouncing Gov. Bill Lee's first veto and urging state lawmakers to override him on a bill giving the parole board more power. Passed overwhelmingly with little fanfare by the legislature this year, HB527/SB455 expands the Board of Parole's 'authority to deny early release when the severity of the offense demands it or where it sends a critical message that serious crimes carry serious consequences,' a DAs Conference letter from early May says. 'These are not abstract concepts —- they are the bedrock of public safety, justice for victims, and confidence in the rule of law,' the letter says. The state's prosecutors, led by Executive Director Steve Crump, further say ignoring the 'gravity and specific facts of an offender's crime when determining early release eligibility is not only irresponsible, it is dangerous' because it disregards victims' suffering and erodes trust in the criminal justice system. The letter grows harsher, saying some crimes are so 'egregious' the defendant should not receive 'early' release. Lee vetoed the bill May 5, calling it a 'step backwards' from the advances of the Reentry Success Action of 2021. That measure passed with strong support and led the state to record its lowest rate of return to prison in history, Lee said when he defended his position. 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, a former Clinton Police chief, and Republican Sen. Paul Rose of Covington sponsored the measure. Scarbrough said after the veto that the bill was designed to handle 'critical gaps' in the state's parole system to make sure serious offenses aren't 'minimized.' A spokesperson for the governor did not respond to questions immediately Tuesday. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
11-04-2025
- Politics
- Yahoo
Tennessee legislature clears path to hear new evidence: 'Good news for innocent people'
More innocent people in prison will get their case before a judge after a bill passed the Tennessee legislature, according to the director of the Tennessee Innocence Project. The bill, which now heads to Gov. Bill Lee's desk to be signed into law, ensures people with new evidence of innocence can petition a court to hear that evidence. The Tennessee Senate approved the bill 24-6 with bipartisan support on April 10. Chattanooga Republican Sen. Todd Gardenhire, one of the bill's sponsors, said it fills a gap in the law for people who chose to plead guilty despite being innocent. Previously, those people could not present to a judge new, non-scientific evidence — which includes things like video footage of the actual perpetrator committing the crime — after pleading guilty. Jason Gichner, executive director of the Tennessee Innocence Project, said the bill was 'good news for innocent people in Tennessee.' 'There was not a legal pathway … to help these folks,' Gichner said. 'Now there is.' One of the compromises in the bill — a joint effort of the Tennessee Innocence Project and the Tennessee District Attorneys General Conference — is that district attorneys general must sign off on the petition to present the new evidence. 'The DAs are the gatekeepers for these petitions,' Gardenhire said. He added the bill will apply only in 'very rare situations of actual innocence.' Gichner said his organization tries to work collaboratively on innocence cases, anyway. 'If there's objective evidence that shows somebody is innocent, both sides should be able to work together to do the right thing and get that person out of prison,' he said. More: Nashville judge issues ruling, won't overturn dad's murder conviction in baby son's death Gichner said most other states do not have this gap in the law that currently exists in Tennessee. 'I'm grateful that the legislature took this up and realized that this is a gap in the law that we had to do something about,' Gichner said. Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@ This article originally appeared on Nashville Tennessean: Legislature clears path for more innocence claims to get day in court
Yahoo
18-03-2025
- Politics
- Yahoo
Tennessee Senate advances constitutional amendment to allow judges to deny bail
A Republican effort to amend the Tennessee Constitution to allow judges to deny bail to some criminal defendants continues to advance through the General Assembly. Senate Republicans on Monday gave final sign off to add the constitutional amendment to the 2026 gubernatorial ballot for a full public vote, though the measure still faces several hurdles in the House. The constitutional amendment would give Tennessee judges the ability to deny pre-trial bail release to defendants charged with certain serious crimes like terrorism, second degree murder and rape. The amendment would apply to dozens of criminal offenses. The bail reform effort has picked up both bipartisan support and opposition, though Republican leadership in both chambers are pushing hard to get the amendment through this session and on to a full state vote. Opponents of the effort have argued there is a slippery constitutional slope in keeping a defendant in jail if they haven't yet been found guilty, and others have warned an increase in pre-trial detention could harm already overburdened local jail systems with skyrocketing costs. "We should think long and hard before we push forward on curtailing the rights of the people we represent," Sen. Jeff Yarbro, D-Nashville, said Monday. Senate Majority Leader Jack Johnson, R-Franklin, said state courts are currently "hamstrung" by the state Constitution, which currently only allows pre-trial detention for capital offenses. With a U.S. Supreme Court precedent determining only murder can be considered a capital offense, Johnson said judges' hands are tied if they think defendants charged with a crime like rape would be danger to the community before they go to trial. "Our No. 1 job up here is public safety," Johnson said. "It's public safety, and to equip our court systems with the tools they need to keep our communities safe." Sen. London Lamar, D-Memphis, warned Tennesseans could likely see increases in local taxes to pay for the jail space needed. Unlike other bills, there is no clear financial analysis tied to the constitutional amendment. With more defendants held in jail awaiting trial, local communities could bear additional costs. Sen. Todd Gardenhire, R-Chattanooga, warned his colleagues about the potential for ballooning costs on local governments. "I've heard nothing from anybody about how we're going to pay for this when it hits the fan. Nothing. Crickets," Gardenhire said, calling hidden costs the "unintended consequence of a good idea." Gardenhire was the sole Republican to vote against the amendment. Johnson said local authorities like sheriffs and district attorneys have supported the amendment despite potential costs. "They believe the juice is worth the squeeze," Johnson said. The Tennessee District Attorneys General Conference last week passed a resolution endorsing the constitutional measure. "The Tennessee District Attorneys General Conference believes this change to the constitution will enhance public safety, reduce the revolving door of offenders charged with violent and sexual crimes, and will promote greater public confidence in the criminal justice system and the rule of law in this state," the conference said in a statement. Legal experts have raised concerns about the amendment's vague language, as the amendment voters would see on a state ballot does not list every crime that could be eligible for pre-trial detention. Instead, it references "any other offense" under which a convicted person could not be released before serving at least 85% of a sentence. Notably, the amendment as written would also allow the legislature to change which offenses qualify in the "any other offense" clause until Nov. 3, 2026. With early voting, this means Tennessee voters could cast a vote for or against the amendment before Nov. 3 and its very definition could be changed by the time polls close. Jeff Clayton, executive director of the American Bail Coalition, said his organization lobbied House Speaker Cameron Sexton, R-Crossville, last year to eliminate the "85%" offenses or make the language more clear in the amendment. The push to change the wording ultimately did not advance in 2024 and the language was not changed when it was filed this year. Clayton has been among the most outspoken opponents of the measure, arguing it contradicts an expected presumption of innocence and similar measures have led to skyrocketing costs in states like New Jersey. "It's not going to fix the crime problem in Tennessee, period," Clayton said. "I don't think anyone has presented any evidence of that. I think throwing in 83 charges is what the Supreme Court would call a scattershot attempt at crime control versus a targeted approach, which is what we support." The amendment has been a particular interest of Sexton, who has repeatedly pushed for the amendment and unusually sat in on a House Judiciary Committee this session to cast a vote. The speaker rarely openly participates in the committee process, but Sexton directed multiple questions to witnesses in favor of the amendment. He has also openly admonished the bail industry, which has lobbied against the resolution, in addition to any lawmakers who might be considering opposing the effort. "If this doesn't pass, the individuals who decide this isn't something they want to vote for are allowing a serial rapist to go free on bail," Sexton said. "You're taking away the ability of the judges to keep the public safe and not giving them the tools to look at that criminal and say it is better to incapacitate them than to have another victim." Sexton has stressed the amendment wouldn't be a "mandate" on judges, but rather give judges the discretion to restrict pre-trial bail when they deem it prudent. The amendment has had some bipartisan support. In committee, Rep. G.A. Hardaway, D-Memphis, said he felt the resolution properly balanced the rights of defendants and public safety. Meanwhile, two Senate Republicans on Monday announced they had changed their mind on the measure. Sen. Rusty Crowe, R-Johnson City, said he felt voters deserved a vote on the issue despite his personal issues with the amendment. To amend the state Constitution, proposed amendments must be approved by two separate General Assemblies: first by simple majority, and then again after an election year by two-thirds vote. The Senate approved the measure Monday in a 23-6 vote, enough to secure the two-thirds threshold. The amendment on bail initially passed last year, meaning lawmakers must pass it again this year or in 2026 before it could appear on the November 2026 gubernatorial ballot. This article originally appeared on Nashville Tennessean: TN Senate advances constitutional amendment to let judges to deny bail
USA Today
05-02-2025
- USA Today
Undocumented Tennesseans mainly charged with traffic, procedural violations, few homicides
Undocumented Tennesseans mainly charged with traffic, procedural violations, few homicides Show Caption Hide Caption Demonstrators removed from Tennessee House committee Immigration Committee Chair Rep. Chris Todd, R- Madison County, asked the Tennessee Highway Patrol to remove three people from a hearing. Most of the 3,854 charges were for driving infractions, such as driving under the influence or driving without a license. Violent crimes accounted for about 11% of the charges, including eleven homicides. Davidson County had the highest number of reported offenses at 796, or 20% of the total. As the Trump administration leads a nationwide crackdown on immigration — and Tennessee lawmakers pass bills to assist — a statewide report sheds new light on the frequency, location, and type of crimes allegedly committed by people residing in Tennessee unlawfully. New research released last week by the Tennessee District Attorneys General Conference reported 3,854 criminal charges were made statewide against people who at the time of the charge could not provide evidence of their citizenship or legal resident status. The report compiles three months of data from October through December 2024. Of Tennessee's 95 counties, 73 submitted data for the report, including counties surrounding all major metropolitan areas. Overwhelmingly, the charges were for traffic infractions, vehicle licensing violations such as driving without a license, or driving under the influence. About 11% were violent crimes. Eleven were homicides. The district attorneys conference, a group of district attorneys from all of Tennessee's judicial districts, compiled the report in compliance with a new state law passed last year, requiring executive agencies to 'review policies and spending related to illegal immigration.' What crimes were reported? The majority of offenses were driving infractions, the most common being DUI (654), driving without a license (549), traffic violations (533), or driving on a suspended or revoked license (243). DUI arrests of undocumented residents account for just over 13% of DUI arrests statewide. Law enforcement made 4,834 total DUI arrests during the same period, according to the Tennessee Bureau of Investigation's crime statistics. Of the 3,854 offenses for which undocumented residents were charged, 447 were violent offenses, including 182 assault and 107 aggravated assault offenses. Undocumented people were charged in 11 homicides statewide during the three-month period, including first degree murder (3), second degree murder (1), and vehicular homicide (7). Other more frequent charges included public intoxication (147), failure to appear (150), violation of probation (91), and open container infractions (83). Less frequent offenses included rape of a child (3), aggravated rape (6), statutory rape (9), aggravated robbery (6), child abuse, neglect or endangerment (21), and assaults on law enforcement, first responders, or healthcare providers (10). Where are the crimes reported? Criminal charges focused on Middle Tennessee, and around the Chattanooga and Knoxville metro areas. Davidson County saw the most offenses by far, with 20% ― 796 ― were reported in the county. Other counties with higher numbers include Knox (242), Sumner (212), Rutherford (189), Maury (153), Hamilton (114), Robertson (98), Williamson (92), and Wilson (83). Just 59 reported offenses occurred in Shelby, Tennessee's most populous county. How many of the charges were dropped? Because the court process takes time, case dispositions for charges made in November and December are not included in the report. Of the 657 cases reported in October, 85 had been dismissed and 128 led to guilty verdicts, as of Jan. 24, according to the report. What were offenders' country of origin? The report found more than 92 unique countries of origin. About half of the alleged offenders came from Mexico, Guatemala, Honduras, or Venezuela. Countries of origin were not available for 128 cases. Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@
