[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6309485,"mediaKeyId","2412346-a1fcca82401804b4c059f5ee6a5b813b","parentId",2412346,"title","House Judiciary Committee advances constitutional amendment to allow judges to deny bail in some violent cases","audioSeconds",3078,"startMs",757000,"endMs",3835000,"viewUrl","/Search/View?dp=1&key=2412346-a1fcca82401804b4c059f5ee6a5b813b&start=757&end=3835","thumbnailUrl","https://assets.pipeline.soar.com/2412346-a1fcca82401804b4c059f5ee6a5b813b/thumbnail_757000.jpg","articleUrl","/articles/6309485/Tennessee/House-Judiciary-Committee-advances-constitutional-amendment-to-allow-judges-to-deny-bail-in-some-violent-cases","mediaUrl","https://secure.pipeline.soar.com/6309485-81b63bd4437a7faaa8f14b70bf7b7bf0/orig.mp4?Expires=1775864409&Signature=LBcwBNe6ZHLDz7bkhkZy8D~V4hMp4dvzI5DtwbhFGPUp6jnoEkHIhS6OAICZbUTbQQ4Z8Fri8QaiWeiGkh3OU0jMjo55-h2RDTEdLQzEv1Q~tkRPqQR7ISXiooxSiL6GnE4Sw3K0YY5X1OevmowfN1qsRiVgevSaa8JqoupUqoDSKVjJyPqVwHhlXYVeZja8FGvgKN7UHr43ak-jIVzBUzhEEpMkSl08kQYuIna1xHi14hqdhZ077m3fCvP4Tf8eAo9-oJ00Aws5dlYTIrhr7S3TcfAQpHNlaXA16x2tFclxcEbhMox5~cu1ji5YN4aEl8hufIynEZT3bb08bZP54w__&Key-Pair-Id=KUT5TJCACFTXG","author","TN State Legislature","date","2025-02-26T00:00:00Z","article","House Joint Resolution 49, a proposed amendment to the Tennessee Constitution that would give judges authority to deny bail in certain cases involving public-safety risk or flight-risk, advanced from the House Judiciary Committee to the Finance, Ways and Means Committee after extended testimony and questions.

The committee voted to send HJR 49 to Finance, Ways and Means; the clerk recorded 17 ayes, 2 nays and 2 present-not-voting. The sponsor, Chairman Howe of the House Judiciary Committee, summarized the amendment as restoring judicial discretion in pretrial detention for defendants who—based on the evidence presented—pose a continuing threat to public safety or a flight risk.

Supporters who testified urged the committee to approve the resolution so voters can decide. Rafael Manguel, identified in testimony as a senior fellow at the Manhattan Institute for Policy Research, told the committee, \"The first duty of the government is to provide for the safety and security of its citizenry,\" and argued that permitting judges to detain particularly risky defendants before trial protects the public. Manguel recounted a case from New York in which a defendant released pretrial later killed an alleged victim, using the example to illustrate his point about incapacitation during the pretrial period.

Stephen Crump, executive director of the Tennessee District Attorneys General Conference, said his office had taken an uncommon step of actively supporting the measure, and that district attorneys would work statewide if the amendment goes to the ballot. Mike Donovan, deputy executive director of the same conference and a former federal prosecutor, told the committee the amendment would bring Tennessee's approach closer to the federal Bail Reform Act of 1984 by allowing detention where statutory criteria are met and due process is observed.

Committee members questioned witnesses about legal standards, safeguards and implementation. Representative Hardaway asked about the level of proof available at the time a court would consider detention; witnesses said the current evidentiary language in the Tennessee Constitution—\"when proof is evident or the presumption is great\"—would remain part of the inquiry and judges would still be required to put findings in writing and to provide hearings with opportunities for defense evidence.

Several members pressed on how risk would be determined in practice. Witnesses described objective risk-assessment tools used in other jurisdictions—algorithmic instruments that weight prior arrests and convictions, age, employment status and similar variables—to produce scores labeled low, medium or high risk to help guide judicial decisions. Committee members also raised concerns about potential changes to the list of offenses covered between this legislative vote and any eventual public referendum; witnesses replied that statutory lists would be public law by the time the amendment appears on a ballot.

Opponents and skeptical members raised constitutional and fairness concerns. Representative Johnson observed that the current state constitutional language affords a broad right to bail, so a change would be significant. Witnesses and the sponsor replied that federal precedent does not guarantee an absolute federal right to bail (citing United States Supreme Court precedent) and that the amendment would align the state provision with the federal framework that permits pretrial detention in some circumstances while preserving due-process protections.

Committee discussion included repeated references to research on crimes committed while defendants are on pretrial release. Witnesses cited a Bureau of Justice Statistics analysis and local analyses showing a measurable share of violent offenses committed by people with open cases; they said incapacitation during the pretrial period can prevent some of those incidents. Witnesses also discussed costs of crime to victims and the state when arguing the amendment's societal benefits.

After roughly two hours of testimony and subsequent member questioning, the committee voted to advance HJR 49 to Finance, Ways and Means so the amendment can proceed through the legislative process and, if approved again by the General Assembly, go to a voter referendum.

Votes at a glance: House Joint Resolution 49 — Sent to Finance, Ways and Means; recorded vote: 17 ayes, 2 nays, 2 present-not-voting.

What happens next: Under the resolution process for constitutional amendments, HJR 49 must be passed by the General Assembly again in a subsequent session and then be placed on the ballot for voter consideration. If passed by voters, enabling statutes and lists of qualifying offenses would be public law and available for review.

Ending: Committee members closed the HJR 49 portion of the hearing after the vote and moved on to other bills on the calendar.","mediaType","Video","parentTitle","Judiciary Committee\tFeb 26, 2025","oneSentenceSummary","House Joint Resolution 49, a proposed amendment to the Tennessee Constitution that would give judges authority to deny bail in certain cases involving public-safety risk or flight-risk, advanced from the House Judiciary Committee to the Finance, Ways and Means Committee after extended testimony and questions.","taxTitle","Judiciary, House of Representatives, Committees, Legislative, Tennessee","taxId",79849,"location","Tennessee","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6309480,"Judiciary committee advances multiple bills and hears GPS-monitoring vendors; vote totals recorded",698,4998000,5696000,"/Search/View?dp=1&key=2412346-a1fcca82401804b4c059f5ee6a5b813b&start=4998&end=5696","https://assets.pipeline.soar.com/2412346-a1fcca82401804b4c059f5ee6a5b813b/thumbnail_4998000.jpg","/articles/6309480/Tennessee/Judiciary-committee-advances-multiple-bills-and-hears-GPS-monitoring-vendors-vote-totals-recorded","https://secure.pipeline.soar.com/6309480-b53746ef1a49a4274d1b5eeb97ada0e1/orig.mp4?Expires=1775864409&Signature=HUDhfXWfoGk4nh3AduiaW8vJvQe1TqgL-ujHOF5Q4hDGZKOcm0Z-MMnFGohDg3GZs9z9P035~T2QWJne7NtIdTcRWpdU7AMQXOjdrjFeFbwRPGi3UJFVzqQEuLmJn48bWVmH4YQ~a6vqqeoMXaTB8J2ASsduilnnsuiibRaoM8Fb2aWh5Y4ov2EVpgq2c3wjBZa2nBlpEa3UzNKdCFOfS7PUZCDmZ6sfeFgV40bmbKxHx-FBsZZj5OZzMx9BPwbfQk0G5HIU6184w-ELNMGl1Re6uZ57poHpwHaz0OY8NXzdL3~PutBCozK9Row4LCOZe199EJ6LGhqi0KT2GynT5g__&Key-Pair-Id=KUT5TJCACFTXG","The Tennessee House Judiciary Committee completed its calendar and advanced multiple measures to follow-up committees, and heard a presentation from providers of GPS and electronic-monitoring systems.

Votes and committee movement
- House Bill 40 (study of juvenile detention and treatment capacity): advanced to Finance, Ways and Means as amended; recorded vote 19 ayes, 0 nays.
- House Bill 501 (creates a \"second look\" review process for juvenile delinquents): advanced to Government Operations; recorded vote 15 ayes, 0 nays, 1 present-not-voting.
- House Bill 1020 (civil immunity for law enforcement officers in specified resisting-arrest cases): advanced to Calendar and Rules; recorded vote 14 ayes, 5 nays.
- House Bill 96 (technical cleanup to TCA 8-6-112): advanced to Calendar and Rules (vote recorded in session; clerk announced passage).
- House Bill 1169 (reinstatement of the Council on Children's Mental Health and annual report): advanced to Calendar and Rules; recorded vote 17 ayes, 0 nays, 2 present-not-voting.

The committee chair called the votes after routine consideration or brief explanations from sponsors. Where recorded tallies were read aloud, the clerk announced the results before the panel moved on to the next agenda item.

GPS and electronic monitoring presentation
The committee heard a vendor presentation on GPS and electronic-monitoring technology from industry representatives. Cody Page, chief operating officer of PranaTract, outlined standard device features including minute-by-minute location tracking with periodic updates, geofencing (virtual boundaries), tamper detection, battery monitoring and victim-notification functionality. Mr. Page said newer devices can switch among cellular networks and use Wi-Fi to preserve connectivity in low-coverage or rural areas.

Jill Schroeder, representing Buddy (an original equipment manufacturer of monitoring hardware), said equipment may be leased either directly to agencies or to third-party vendors. Schroeder noted that electronic monitoring can be less costly than jail incarceration — she cited typical jail costs as about $70 per day compared with monitoring that can run around $10–$12 per day — and can help offenders remain employed or attend treatment while under supervision.

Leonard Balmoris, president of Tennessee Alcohol Monitoring Systems, described the monitoring tools' role enforcing court orders and providing immediate alerts to victims and law enforcement when a defendant enters a specified proximity. Vendors and witnesses urged the General Assembly to consider stronger, standardized guidelines or oversight for electronic monitoring programs because regulation and practices vary across jurisdictions.

What committee members asked and noted
Members asked whether workplace exposures (for example, handling yeast in a pizza kitchen) can trigger alcohol-monitoring alerts; a vendor representative said such work can generate an alert but that devices require diagnostic confirmation (absorption/ elimination patterns and device diagnostics) before a violation is confirmed. Members also asked about device malfunctions and how jurisdictions handle temporary outages; vendors said devices and connectivity sometimes fail and local procedures govern responses, with remedies and diagnostics used before treating an event as a violation.

No committee action was taken on policy regulating monitoring devices during this hearing; members were encouraged to follow up directly with presenters for demonstrations and technical questions.

Ending: The panel adjourned after business concluded and the GPS presenters were thanked for their time.","The House Judiciary Committee moved several bills to later committees and heard a brief presentation from GPS/electronic-monitoring vendors on device features and victim notification. Votes recorded include advancement of House Bill 40, House Bill 501, House Bill 1020, House Bill 96 and House Bill 1169.","actionData","errors"]

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House Judiciary Committee advances constitutional amendment to allow judges to deny bail in some violent cases

Judiciary committee advances multiple bills and hears GPS-monitoring vendors; vote totals recorded