Bail bill would remove ability to pay from consideration; critics call it ‘unconstitutional’

MEMPHIS, Tenn. — A push to reform the bail system is making its way through the Tennessee legislature in an attempt to keep the state safe from increasing crime. But opponents of the bill say it won’t work and that it may be unconstitutional.

In the wake of the Whitehaven shooting that led to the deaths of a police officer and a suspect, many are wondering if it call could have been avoided.

During an interview last week, Senator Brent Taylor’s answer to that question was a resounding yes.

“Had we not had that ability to pay calculator, perhaps we could have had a different outcome,” Taylor said.

Which only cemented his belief that Senate Bill 2565 should pass.

This bill would “remove the defendant’s financial condition as a consideration” when setting bail.”

“In this particular case, he (the suspect) had a bond that was set at $100,000, he couldn’t pay the bail to get out. They lowered it to $10,000, he couldn’t have gotten out of jail then,” Taylor said. “And so he went to the bail hearing room where they used the ability to pay calculator and determined that he had no resources so they essentially let him out on his own recognizance.”

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Despite the grief surrounding the passing of Officer Joseph McKinney, not everyone agrees that Bill 2565 is the right response.

Josh Spickler, with Just City, opposes the bill and says it could even be deemed unconstitutional.

“People are charged with new offenses when they’re out on release, that is true,” Spickler said. “But the reality is, that happens very infrequently.”

Spickler says according to Just City’s studies, only 10 percent of defendants released on their own recognizance re-offend. That number reportedly drops to just two percent when they’re charged with a violent crime.

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However, Senator Taylor still has his doubts.

“It’s not the jaywalkers that are causing the problems here, it’s the violent offenders,” Taylor said. “The people who have rap sheets as long as King Kong’s arm are being released back into the public and we see this time and time again where these people are violent, they’re put back onto the street, and they commit violent acts.”

Senator Taylor also passed another bill in the Senate that would “require the magistrate to give first consideration to ensuring the safety of the community” when setting bail.

Spickler says that is already a top consideration, adding all this bill would do would be to pressure the judges to keep more people in jail.

“We’re tweaking constitutional guarantees and rights to try to respond to our crime problem,” Spickler said. “We’re looking in the wrong place.”

Both of Senator Taylor’s bill proposals have passed in the House and the Senate.

They could take effect as early as July 1, but Spickler believes they could face challenges.

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