The Senate Judiciary Committee passed criminal justice reform initiatives this week as part of Governor Bill Lee’s legislative package. This includes legislation streamlining and appropriately leveraging alternatives to incarceration, namely Recovery Courts and felony probation. The bill is sponsored by Senate Republican Leader Jack Johnson (R-Franklin), Senate Republican Caucus Chairman Ken Yager (R-Kingston), and Senator Steven Dickerson (R-Nashville).
“There are currently 30,000 people incarcerated for felonies in state prisons and jails, with our corrections budget now costing taxpayers in excess of $1 billion annually,” said Senator Yager. “Fifty percent will return, making Tennessee’s recidivism rate the highest in the Southeast. This legislation addresses this problem by helping these individuals with a pathway to a productive life beyond crime, with the ultimate goal of making Tennessee a safer state.”
Senator Yager said Tennessee’s high incarceration rates are fueled by non-violent drug and property offenses which have increased the state’s custody population growth by more than 50 percent since 2009. Senate Bill 2195 expands Tennessee’s Recovery Court System, which is a specialized diversion program focused on comprehensive supervision, treatment services and immediate sanctions and incentives for substance abuse offenders. The proposal broadens eligibility for Recovery Courts to include misdemeanors, except domestic assault offenders, and encourages judges to consider available sentencing alternatives.
With $1.7 million in additional funding proposed in the budget, Recovery Courts will expand capacity by 20 percent and serve an additional 500 Tennesseans each year. Individuals who are successfully diverted through this programming are estimated to save the state an average of more than $20,000 per individual in recovered correction costs each year, said officials.
“I am very pleased that this important legislation is advancing through our Senate committees,” said Leader Johnson. “These bills take a holistic approach with evidence-based alternatives to incarceration to reduce recidivism and ensure that state resources are squarely focused on public safety in Tennessee.”
The legislation also addresses the high mental health caseload in Tennessee Department of Correction facilities and requires courts to consider use of available sentencing alternatives for defendants with a documented history of behavioral health problems. Prisoners treated for mental illness have increased 26 percent from 2016 to 2019, with nearly 8,000 individuals currently being treated. In addition, the number of inmates diagnosed with serious persistent mental illness has nearly tripled over the past 10 years.
Day Reporting Centers are also highlighted in the legislation as an alternative for judges to use instead of incarceration. These centers serve as alternatives to incarceration by placing eligible participants in structured and intensive outpatient programs. The programs provide resources and services to offenders to assist them as they work towards becoming productive citizens in their communities. There are currently six centers across the state, with two additional centers and extended hours funded in the governor’s proposed budget. Approximately 74 percent of admissions are for non-violent offenses, with property offenses as the most common reason for admission.
Finally, the legislation clarifies criteria for revoking community supervision status, updates the permitted amount of time that an individual can be sentenced to probation or have their supervision extended, and limits the ability to revoke supervision for non-criminal violations of conditions, also known as technical violations.
Re-Entry Stabilization Act seeks to improve public safety through a multi-pronged approach
The second bill, called the Re-Entry Stabilization Act of 2020, is a multi-pronged approach to help improve public safety and facilitate positive outcomes for those leaving incarceration. Nearly 40 percent of the felony population expire their sentence, returning to the community without oversight. Senate Bill 2194, sponsored by Johnson, Senator John Stevens (R-Huntingdon) and Dickerson, establishes mandatory re-entry supervision, so that all individuals exiting state custody will have a minimum of one year supervised re-entry integration. The mandatory supervision does not create parole eligibility for those who are not eligible, including those convicted to life without parole or to the death penalty.
“Our State prison population is swelling, but violent crime rates are not dropping,” said Senator Stevens. “Too few low-risk inmates are being paroled and too many inmates who have served their full sentence are returning to prison for technical, non-violent violations of the conditions of their parole. Far too many individuals released back in our communities fail re-entry because of a deficit of resources to assist individuals overcoming barriers faced.”
The proposal establishes the Office of Re-Entry Services, which will act as a clearinghouse of existing resources, primarily focusing on providing services to those whose sentences are expiring and are reentering the community. Similarly, it addresses the parole process, incorporating the findings of a validated risk-and-needs assessment into the review process. In doing this, the Board of Parole is better supported in making data driven decisions regarding parole and protecting public safety, while also improving transparency for both victims and perpetrators, said officials.
To facilitate a successful reentry for prisoners into communities, the Re-Entry Stabilization Act seeks to advance employment outcomes by improving the certificate of employability process, clarifying occupational licensing for those with a criminal history, and granting limited employer liability to businesses who make good faith hires within certain criteria.
In addition, the proposal standardizes parole revocation practices for technical violations. Approximately 40 percent of those prisoners rearrested land back in prison because they broke their parole on technical violations, not for committing new crimes.
"Tennessee ranks number one in violent crime rate when compared to our neighbors in ten surrounding states,” added Senator Stevens. “This legislation focuses on improving our parole processes, improving oversight for those leaving jail and prison, and expanding opportunities for better outcomes for prisoners once they return to the community.”