"We know from empirical research that even 24 hours in jail can cost tremendous downstream consequences. Of course that would be obvious. Someone can't be with their children, can't work, all of those carry a cost, and having overcrowded jails where people face dire circumstances is a tremendous social cost."
AUGUST 27, 2022
by Dulce Torres Guzman / Tennessee Lookout
Shelby County District Attorney-elect Steve Mulroy joined leaders from the American Civil Liberties Union-Tennessee on Thursday to announce an overhaul of Shelby County’s bail system.
On Thursday, a news conference hosted by the ACLU detailed that after extended negotiations with county officials, judges and criminal-justice advocates, Shelby County will be implementing the changes by February 2023.
“When I gave my victory speech on election night, I talked about how I wanted to create transformative reform in the criminal justice system and make Shelby County’s justice system a model for the nation,” said Mulroy, who beat incumbent Amy Weirich on Aug. 4. “I think if we make the system fairer, and we restore public confidence in the fairness of our system, then we can get the community to cooperate with law enforcement in a way that hasn’t been in recent years, that community cooperation with law enforcement is key to reducing violent crime.”
Shelby County’s current pretrial system allows an accused person to be held for weeks or longer without a bail hearing without factoring that person’s ability to afford the bail set, potentially keeping them detained indefinitely. The system also doesn’t consider whether the accused is a flight risk and the severity of charges, a system that unfairly benefits those with a higher ability to pay bail, advocates say.
“There is a tremendous cost to incarcerating too many people, especially those who don’t need to be in jail, particularly for long periods of time. It’s one of Shelby County’s highest expenditures,” said Andrea Woods, ACLU staff attorney. “We know from empirical research that even 24 hours in jail can cost tremendous downstream consequences. Of course that would be obvious. Someone can’t be with their children, can’t work, all of those carry a cost, and having overcrowded jails where people face dire circumstances is a tremendous social cost.”
Under Tennessee law enacted in 1978, judges are required to treat money bail as a last resort and to be imposed only if other less restrictive conditions are deemed insufficient to ensure someone appears for their trial. Federal law also requires courts to hold bail hearings within a reasonable time of arrest, to include counsel and to take individual circumstances into account. Under these laws, Shelby County’s existing pretrial system is unconstitutional, advocates say.
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