The Hamilton County Grand Jury, in a final report, recommended that a new county jail be built in phases over a five-year time period, or that a private firm be hired to build and operate a new jail.
Another idea to deal with the over-crowded facility on Walnut Street was to add a small facility for non-violent offenders to relieve congestion at the main jail, which sometimes has as many as 700 inmates.
The Grand Jury said too many misdemeanor cases are clogging up the Criminal Courts. One suggestion is to add a misdemeanor trial court.
The report says those who leave their cars running and have them stolen should be prosecuted, saying it causes much police time in trying to round up the vehicles and the thieves.
Saying it sometimes takes up to 10 months to get evidence back from the TBI Crime Lab, it was recommended that the state add at least two regional labs.
The panel is headed by Robert Smith, who announced that he is retiring at the end of this term. He was formerly an official with the Hamilton County Schools. His replacement will be named by the Criminal Court judges.
Here is the full report:
The Honorable Rebecca Stern
Judge, Criminal Court, Division II
Hamilton County, Tennessee
Judge Stern:
This is the Report of the Regular Grand Jury for the January - April, 2015, Term.
The Jurors found that serving on the Grand Jury was very educational as it related to informing
them on (1) crimes in Hamilton County and (2) the Criminal Justice System in Tennessee.
Also, touring the County Jail, Silverdale (CCA) facility, Juvenile Detention Center and hearing a
presentation on the Community Corrections Programs were enlightening. Visiting the
Correctional Facilities showed the Jurors how the inmates and juveniles live on a day-to-day
basis.
We congratulate the overwhelming majority of our Police Officers for the frustrating and
dangerous job that they do so well. Most of the Officers were well prepared for Grand Jury and
stayed on point, giving us what we needed to establish probable cause, if justified. Also, the
Police Officers are to be commended on the excellent manner in which they do their jobs and
solve complicated crimes.
Having the three Criminal Court Judges address the Grand Jury was also beneficial to our
understanding of Tennessee Criminal Law.
We appreciated Kay Parish serving as the notetaker for this term and the legal advice from
Assistant District Attorney, Jerry Sloan.
We are only reporting on the Hamilton County Jail and Juvenile Detention Center.
Hamilton County Jail
Commendations:
(1) The Jail kitchen’s operations were very good. It appeared clean and the food, which the
Jury had for lunch, which was the same as the inmates, was acceptable. Utilizing
inmate workers saves the taxpayers significant expenses, and, hopefully, gives the
inmates work experience which can be used upon their release.
(2) The Jail Chaplain and Head Nurse of the Medical Facility appeared to be very
knowledgeable and concerned about the inmates’ religious and physical well being.
(3) Even though the Jail is understaffed, the staff appears to be competent, dedicated and
humane. They seemed to balance the need for discipline with human dignity.
Recommendations:
(1) This Grand Jury agrees with many previous Juries that a new Jail is needed. Some cells
are overcrowded and the number of inmates in the Jail is above recommended
standards.
(2) If a new Jail, utilizing currently accepted correctional facility concepts, cannot be built,
perhaps a small facility for non-violent miscreants could be built to free up more space at
the existing Jail. Consideration could be given to having a nationally recognized
consulting company recommend ways to make more living space for the inmates. Also,
a five-year fiscal plan could be developed to build a new jail in phases during that period,
with yearly financial commitments from the County Commission.
(3) Due to the danger and stress of working in a Jail, which is understaffed, the staff should
be compensated above current levels.
(4) How can the Silverdale Facility, a private company, (Corrections Corporation of
America), house prisoners and make a profit, yet the funds cannot be provided for a
new County Jail? Perhaps, a private company could build a new Jail to house prisoners,
and recoup the construction costs through the per day reimbursement for housing
prisoners.
(5) The training program for new Jail Officers, needs to be extended longer than is currently
provided. This would give new recruits more time for on-the-job training and might help
reduce the high turnover of employees.
(6) With a population of over 500 inmates, and occasionally up to 700, the Jail needs more
counselors for the large percentage of inmates with mental health issues.
(7) The Jury found the afternoon’s presentation on contraband which had been found in the
Jail and the ways individuals have tried to get contraband into the Jail, to be very
interesting. However, at times, the speaker strayed away from this topic. A one and
one-half (1 1/2) hour limit for this presentation would have been sufficient and
preferred by the Grand Jurors.
Juvenile Detention Center
Commendations:
(1) The Center is very fortunate to have a dedicated and long-serving staff, who appear to
be very caring about the juveniles.
(2) Juvenile Court Judge Robert Philyaw appeared to have a real heart for children and their
issues. The new programs which he has established will help the children who have to
appear in front of him.
(3) The facility was very clean and had received good care.
Recommendations:
(1) Consideration should be given to increasing the room temperatures as most of the
juveniles had on long-sleeved undershirts. Also, the cots and cushions appeared too
small for the juveniles who are being housed there.
(2) Additional mentors are needed for the Juveniles.
Criminal Justice System
(1) Given the time that it now takes for many cases to move through the Judicial System,
the Jury recommends that the Tennessee State Legislature revise the law which permits
those charged with misdemeanors to waive their case directly to the Grand Jury, without
a Sessions Court hearing and decision. Why should Judicial time and taxpayer dollars
be spent on a $4.00 shoplifting charge which proceeds all the way to Criminal Court?
The current law causes a backlog of cases which will never go away, and permits some
defendants to delay minor cases. Also, the first and second convictions for DUI should
be settled in Sessions Court. A Misdemeanor Trial Court, which are used in other states,
would solve most of these issues.
(2) The Police need to enforce the law prohibiting unattended vehicles which are parked in a
public place, with the engine running. If these vehicles are then stolen, it is the Grand
Jury’s understanding that these individuals are often not cited for a violation of this law.
Enforcement of this law would reduce the number of stolen vehicles, and save both the
Police and the Court, time in locating the stolen vehicle, and subsequent prosecution of
the thief.
(3) There were a number of instances of clerical errors in documents presented to the
Grand Jury. These errors need to be eliminated before being sent to the Grand Jury.
(4) The turn around time on evidence sent to the Crime Laboratory is too long and
unacceptable. In some cases, lab results were not available for eight to ten months.
The State Legislature needs to provide funding for at least two more regional
laboratories. Also, this time lag forces officers to wait for a long time to present cases
to the Grand Jury.
(5) Some jurors felt that the Tennessee Legislature should consider de-criminalizing
possession of a small amount of marijuana for non-violent offenders.
(6) While most of the Police Officers were prepared for their presentation to the Grand Jury,
some officers, however, need to be better trained to present the evidence needed for a
True Bill.
(7) More citations should be given for misdemeanors, in order to reduce the cost of keeping
people in Jail.
(8) The Tennessee State Law needs to be changed to eliminate the Grand Jury notetaker
position. The file for each case heard contains all the needed information for that case.
Also, the Grand Jury Foreman can keep notes on the docket on each case heard for that
week.
(9) When the Sergeants or Lieutenants are reading other officers reports, the reports need
to be previewed for clarity and completeness.
(10) Subpoenas for Jury Duty should not be sent to convicted felons or individuals who are
illegally in the United States.
Number of Cases Heard This Term
The January - April, 2015, term of the Regular Grand Jury heard testimony on 722 cases.