The Concurrent Hamilton County Grand Jury is urging that a drug testing laboratory be reinstated in Chattanooga.

The panel, headed by foreman Robert Smith, also is calling for setting up a special DUI Court to speed those cases through the system.

On the drug lab, the report says, "The closing of this laboratory some years ago has resulted in criminal cases being delayed three to six months for the results to be returned from the laboratories in Knoxville and Nashville. This is unacceptable!

"Also, does requiring a defendant to wait six months for the results of a drug test not conflict with the 'right to a speedy trial', guaranteed to all citizens by the Sixth Amendment to the United States Constitution or Article I, Section 9 of the Constitution of the State of Tennessee and Tennessee General Law, TCA 40-14-101?"

The Grand Jury recommends that any revenues received from the tax on illegal drugs and property seized in illegal drug activity be utilized to reinstate the drug testing laboratory in Chattanooga.

The report said the DUI Court would function as follows: (1) On certain days each month, three petit juries would be available to hear only DUI cases for those defendants who desire to have a jury trial and (2) The cases would be rotated among the three juries so that at any time during the day at least one jury would be hearing cases, and another jury would be available to hear the next case.

Here is the full Grand Jury report:

The Honorable Rebecca Stern
Judge, Criminal Court, Division II
Hamilton County, Tennessee

Judge Stern:

The Concurrent Grand Jury for the January ¡V April, 2006 term presents the following report.

The members of the Jury appreciated the opportunity to observe first-hand and be a part of the initial stages of the criminal justice system of Hamilton County. The facility visits, combined with the testimony of the witnesses who appeared before the Jury, gave us insights that few citizens of this County, who are not associated with the criminal justice system, ever get to experience.

The testimony of the law enforcement officers made all of us realize the importance and danger of their work. We commend all of those individuals who are members of this profession.

The legal information provided by the Assistant District Attorney, Bill West, was very helpful and appreciated, whether about a matter to be considered by the Jury or a general question about criminal law.

This report reflects the opinions of the members of the Concurrent Grand Jury. We are charged with reporting on CCA-Silverdale and Community Corrections. Even though we are not reporting on the Hamilton County Jail or the Juvenile Court and Detention Center, we appreciated very much the informative tours provided by Captain Swope of the Hamilton County Sheriff¡¦s Department and Mr. Chris Albright, Administrator of the Juvenile Center.

CCA-Silverdale

The very informative tour of the Silverdale facility was led by Mr. Tommy Standifer, Superintendent of Corrections for Hamilton County Government.

(Due to inclement weather - cold, blowing rain ¡V the Grand Jury did not tour the men¡¦s dormitory at this site.)

The Grand Jury commends CCA for:
„h The very clean and well maintained facility,
„h The services - educational, religious and medical - which are available to the inmates,
„h The staff appearing to be genuinely concerned about the welfare of the inmates, while insuring the safety of staff and inmates,
„h The video visitation program,
„h Using inmates for custodial work and
„h Having a licensed drug rehabilitation counselor available to provide drug and alcohol abuse programs.

The Grand Jury recommends the following for the Silverdale facility:
„h Private or semi-private cells for female inmates, and
„h Provide activities so that more inmates would not have to spend their day lying in bed and/or watching television.

A concern was also raised about a publicly traded company managing a jail, since the company receives increased revenue as the number of inmates increases.

Community Corrections

The Grand Jury appreciated the informative presentation by Mr. Chris Jackson, Program Manager of the Felony Department for Community Corrections. This presentation included an overview of this program and an explanation of the operation of the electronic monitoring for those individuals using this system as part of their probation conditions.

The Grand Jury commends Community Corrections for:
„h This fair and effective program for non-violent offenders, and
„h Providing a reasonable alternative to jail, especially helping to reduce the overcrowding.

However, the Grand Jury does not recommend this program for convicted sex offenders.

General Recommendations

The Grand Jury strongly recommends that the County Mayor, County Commission, Local Legislative Delegation, Hamilton County Sheriff and Chattanooga City Police Chief work with all deliberate speed to reinstate the drug testing laboratory in Chattanooga. The closing of this laboratory some years ago has resulted in criminal cases being delayed three to six months for the results to be returned from the laboratories in Knoxville and Nashville. This is unacceptable! Also, does requiring a defendant to wait six months for the results of a drug test not conflict with the ¡§right to a speedy trial¡¨, guaranteed to all citizens by the Sixth Amendment to the United States Constitution or Article I, Section 9 of the Constitution of the State of Tennessee and Tennessee General Law, TCA 40-14-101?

The Grand Jury recommends that any revenues received from the tax on illegal drugs and property seized in illegal drug activity be utilized to reinstate the drug testing laboratory in Chattanooga.

The Grand Jury also recommends the following:
„h The legal procedures which permit seemingly minor criminal cases being brought to the Grand Jury be reviewed. It appears that many defendants are just attempting to delay the time for their cases to be heard.
„h Schools implement anger management programs to reduce the number of assault cases which have to be heard by the criminal justice system.
„h Distribute the video regarding methamphetamine, which was shown to the combined Grand Juries, by District Attorney, Bill Cox, to all middle and high schools in Hamilton County and also make it available to churches and other organizations which routinely work with young people.
„h On jury selection day, apprise potential jurors of the dates for the facility visits, as well as the regular jury meeting schedule.
„h Continue the Alternative Bonding Program, as a means of reducing overcrowding at the jail.
„h When the Grand Jury visits the correctional facilities, the jurors should be able to interview inmates and officers privately, without any threat of reprisal.
„h Establish, through State legislation if necessary, a ¡§DUI¡¨ Court to expedite the movement of these cases through the criminal justice system. This Court would function as follows: (1) On certain days each month, three petit juries would be available to hear only DUI cases for those defendants who desire to have a jury trial and (2) The cases would be rotated among the three juries so that at any time during the day at least one jury would be hearing cases, and another jury would be available to hear the next case.

Sincerely,

Members of the Concurrent Grand Jury:

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David DeHart Tonya Brady

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Jessica Blalock Faye Stewart

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Robert Boyer Lottie Stonecipher

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Katie Pinchak Suzanne Ridge

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Janice Gann Lynne Humble

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Nikki Harris Marmion Montgomery

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Mike Hollingsworth Robert A. Smith, Foreman
Concurrent Grand Jury