General Assembly passes ‘truth in sentencing,’ but Lee won’t share his position
Rep. William Lamberth (center), the House majority leader, speaks at a press conference in January with House Speaker Cameron Sexton (right). Doug Kufner, Sexton’s spokesman, stands at left. (Ian Round/The Daily Memphian file)
The state House and Senate passed a “truth in sentencing” bill Thursday, April 21, that would eliminate early release for a handful of crimes and would cost the state, according to the Tennessee Department of Correction, nearly $96 million over 10 years.
The bill covers a handful of violent crimes, including aggravated assault and aggravated burglary, as well as some repeated drug crimes.
TDOC estimates most of the cost increase would come from the offenses of aggravated burglary and aggravated assault. It estimates $77 million of the cost would be borne by the state, the rest by local governments.
Supporters say convicted people should serve 100% of the sentence a judge or jury gives them. They also say crime victims deserve to know exactly when a perpetrator will be released. Opponents, including the former TDOC commissioner, say excessive incarceration is ineffective and a waste of money.
“I hope more than anything it becomes a deterrent before anyone goes into our prison system,” state Sen. Jon Lundberg (R-Bristol) said on the Senate floor.
“I hope more than anything it becomes a deterrent before anyone goes into our prison system,” said state Sen. Jon Lundberg (R-Bristol), seen here in 2020. (Mark Humphrey/AP file)
At the end of a long debate in the House of Representatives, Speaker Cameron Sexton (R-Crossville) invoked the names of Memphis rapper Young Dolph and Rhodes College student Drew Rainier, both of whom were shot and killed last year.
Sexton argued both would still be alive if their alleged killers had been locked up longer for previous offenses.
“This legislation attempts to put a line in place to tell violent criminals in our state: Do not cross that line,” Sexton said. “Because for far too long, we have had lines that are made in chalk.”
“Our system does not honor the victims, especially of violent crime,” he said. “You have to send a message that certain crimes are not acceptable in our state.”
The House passed it by an 86-9 vote.
A majority of the 25-member House Democratic Caucus supported it, but eight voted against it.
State Rep. Michael Curcio of Dickson was the only Republican to vote “no.” Two Republicans and one Democrat abstained.
A makeshift memorial is seen on Nov. 18, 2021, for Young Dolph, who was shot outside of Makeda's Homemade Cookies the day before. (Patrick Lantrip/Daily Memphian file)
On the Senate side, the bill passed 20-6. No Democrats voted for it, and they were joined by Republican state Sens. Mike Bell (R-Riceville) and Mark Pody (R-Lebanon). Three Republican Senators voted present and two of each party were absent or did not vote.
Bell and Curcio chair the Senate Judiciary Committee and the House Criminal Justice Committee.
“‘Truth in sentencing’ has kind of become an outdated model for the criminal justice system,” said state Rep. John Ray Clemmons (D-Nashville), referencing mass incarceration as a result of the federal crime bill of 1994. “I’m curious why we are going back in time (because this has) pretty much proved to be a failure.”
Gov. Bill Lee’s position is unclear. He has refused to make his opinion public.
Rumors abound in the State Capitol that Republican lawmakers will only pass Lee’s signature school-funding proposal, the Tennessee Investment in Student Achievement, if he signs “truth in sentencing.”
“We’re monitoring at this time,” Lee spokeswoman Casey Black wrote in a Thursday email. “As with any bill, we will review final legislation when it reaches the Governor’s desk.”
Former TDOC Commissioner Tony Parker, who retired late last year, spoke against the bill in March in an interview with Nashville’s NPR station. The Daily Memphian asked Black on March 31 about Parker’s opposition, and whether Lee would share his position.
“First, I’d underscore that private citizens can speak for themselves,” Black wrote in an email.
“Our focus continues to be on the Governor’s proven crime prevention plan, which includes providing 20 additional troopers for the Memphis area and creation of a Violent Crime Prevention Fund to support law enforcement agencies across the state,” she continued. “The Governor announced his plan in Memphis earlier this month after a ride-along with Memphis Police Chief (Cerelyn ‘C.J.’) Davis.”
Curcio isn’t the only conservative who openly opposes “truth in sentencing.”
The American Conservative Union, which organizes the annual Conservative Political Action Conference, said it’s too expensive and doesn’t align with conservative values.
“(The legislation) costs too much, does too little to make Tennessee communities safer and endangers correctional staff along the way,” the ACU wrote in a tweet. “There are better, conservative, data-driven solutions.”
In an April 18 letter to Tennessee lawmakers, Patrick Plein of the ACU noted that Tennessee’s prisons are already operating at over 90% of their capacity, and that data show longer sentences don’t deter crime.
“Of course, no one is arguing that people should be given a pass for wrongdoing,” Plein wrote. “Those who break the law must be held accountable for their actions. The counter is that if we fail to provide incentives, prisons will remain mere warehouses of humanity. Those returning will be no better than when they went in.”
State Rep. John Gillespie (R-Memphis) said in a statement he was pleased the legislation passed.
“Tennesseans expect violent criminals to serve their full sentence. They believe someone sentenced to 10 years should serve 10 years. As the old saying goes, ‘If you’re going to do the crime, you better be prepared to do the time.'
Violent crime is the most serious issue facing Memphians. One of the reasons voters elected me to serve in the legislature was to reduce the crime problem in our community. I’m proud to have co-sponsored the ‘Truth in Sentencing’ bill. It will be a deterrent to criminals, and it will keep those who commit violent crimes locked up for the full length of their sentence.”
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Tennessee General Assembly Gov. Bill Lee truth in sentencingIan Round
Ian Round is The Daily Memphian’s state government reporter based in Nashville. He came to Tennessee from Maryland, where he reported on local politics for Baltimore Brew. He earned a master’s degree in journalism from the University of Maryland in December 2019.
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