Transcription
Blueprint for Smart JusticeTennessee
Blueprint for Smart JusticeTennessee 2018 AMERICAN CIVIL LIBERTIES UNIONCOVER PHOTO: SHUTTERSTOCK/MOPICE
ContentsExecutive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4The State of the Tennessee Prison System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6What Is Driving People Into Prison?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7The Current Prison and Jail Population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Why Do People Stay in Prison for So Long?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Who Is Imprisoned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Budget Strains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0Ending Mass Incarceration in Tennessee: A Path Forward. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1Reducing Racial Disparities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1Reducing Admissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3Taking the Lead. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5Reducing Time Served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6Reducing Disability Disparities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7Forecaster Chart. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8Total Fiscal Impact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0Methodology Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0
Executive SummaryOver the past five decades, the United States hasdramatically increased its reliance on the criminaljustice system as a way to respond to drug addiction,mental illness, poverty, and broken schools. As a result,the United States today incarcerates more people, inboth absolute numbers and per capita, than any othernation in the world. Millions of lives have been upendedand families torn apart. This mass incarceration crisishas transformed American society, damaged familiesand communities, and wasted trillions of taxpayerdollars.We all want to live in safe and healthy communities,and our criminal justice policies should be focused onthe most effective approaches to achieving that goal.But the current system has failed us. It’s time for theUnited States to dramatically reduce its reliance onincarceration, invest instead in alternatives to prisonand approaches better designed to break the cycle ofcrime and recidivism, and help people rebuild theirlives.The ACLU’s Campaign for Smart Justice is committedto transforming our nation’s criminal justice systemand building a new vision of safety and justice.The Campaign is dedicated to cutting the nation’sincarcerated population in half and combatting racialdisparities in the criminal justice system.To advance these goals, the Campaign partnered withthe Urban Institute to conduct a two-year researchproject to analyze the kinds of changes needed to cutthe number of people in prison in each state by halfand reduce racial disparities in incarceration. In everystate, Urban Institute researchers identified primarydrivers of incarceration. They then predicted the4ACLU Smart Justiceimpact of reducing prison admissions and length ofstay on state prison populations, state budgets, and theracial disparity of those imprisoned.The analysis was eye-opening.In every state, we found that reducing the prisonpopulation by itself does little to diminish racialdisparities in incarceration. In Tennessee — whereBlack men constituted 43 percent of the male prisonpopulation in 2017 despite making up only 15 percentof the overall adult male population in the state1 —reducing the number of people imprisoned will noton its own reduce racial disparities within the prisonsystem. This finding confirms for the Campaign thaturgent work remains for advocates, policymakers, andcommunities in Tennessee and across the nation tofocus on efforts that are specific to combatting thesedisparities, like reducing incarceration before trialthrough bail reform, preventing the incarceration ofpeople arrested on misdemeanor and low level felonycharges, and implementing parole reform.In Tennessee, the prison population has grown four-foldbetween 1980 and 20172, increasing by over 30 percentsince 2000 alone.3 In 2017, there were more than 30,000people in the state’s prisons, more than at any pointin history.4 Drug offenses are a major contributor tothis growth, accounting for over one-quarter of 2017admissions. In addition, property offenses have playeda key role, accounting for 33 percent of admissions thatsame year.5 Overall admissions to the state’s prisonsdeclined by 14 percent between 2007 and 2017, but agrowing proportion of people who are sentenced toserve prison time have been charged with violatingthe terms of community supervision, like probation or
parole.6 Some of these violations included charges fornew crimes, but others were for actions that on theirown would not be illegal, such as missing a scheduledappointment.As prison populations have swelled in Tennessee,the state’s prison and jail facilities have struggled tocope with incarcerating so many people. In June 2017,there were 29,369 people in Tennessee county jails;nearly half of those individuals hadn’t been convictedof a crime and were locked up awaiting trial.7 Sixteenpercent of those incarcerated in county jails would beheld in a state prison if there were space in a permanentfacility.Over the past decade, fewer people have been releasedannually from prison, partially as a result of a decline inthe number of people released on parole, which droppedby nearly one-third between 2007 and 2017.8 Mandatoryminimum sentences result in many people spendingadditional time in prison, requiring judges to givelonger sentences to people who have prior convictions.And the state’s “Truth in Sentencing” legislationrestricts how much time people can earn towardsparole or early release, forcing them to serve at least 85percent of their sentence before being eligible for anykind of earned release option.9Imprisonment of women has skyrocketed in Tennessee,growing at a rate over five times that of men between2007 and 2017.10 By 2017, women accounted for 11percent of the state’s prison population— the largestoverall number in its history.11 And many of the state’sprison population is rapidly aging. In 2017, one in sixpeople in Tennessee prisons was age 50 or older, agroup generally considered to pose a negligible risk topublic safety.12So, what’s the path forward?Any meaningful effort to reach a 50 percent reductionin incarceration in Tennessee will need to, at aminimum, eliminate money bail so that people do notspend weeks, months, or in some cases years waitingfor their day in court. Even one week in detention canhave massively destabilizing effects on someone’s life,increasing pressure to take a plea deal that could sendthem to prison.13In addition, the state could build on recently passedlegislation that provides drug treatment for theuninsured, increasing funding for those programsso that people can be released into probation afterbeing admitted into a residential drug treatmentfacility.14 The expansion of this program to includediversion of people from the criminal justice systeminto treatment options is vital to reducing Tennessee’sprison population while simultaneously addressing theunderlying causes of crime.Broadening the ability of judges to impose appropriatesentences without being constrained by harsh sentenceenhancements — such as those that increase penaltiesfor drug offenses committed in school-zones15 — willalso help curb mass incarceration in Tennessee. Inaddition, supporting reentry into communities throughtargeted programs that smooth people’s transitionout of prison, as well as eliminating prison time fortechnical violations committed by people on parole orprobation, will help the state prevent people from beingunnecessarily imprisoned.Tennessee should also consider expanding theavailability of earned credits against prison sentencesthrough participation in educational, vocational, andother opportunities. And the “85 percent” rule thatimposes harsh restrictions on release, disconnectedfrom any individual mitigating circumstances, shouldbe reformed. If these and other reforms outlined inthis report were adopted, Tennessee could have 14,411fewer people in prison in 2025, with a projected totalcost savings of just under 1 billion dollars.Reforming juvenile justice in the state is also crucial, asit is often the first contact people have with the criminaljustice system. Community-based alternatives that donot force juveniles into out-of-home detention centersare less costly and more effective, and they will help tocut recidivism rates by young people, as research showsthat they are less likely to re-offend if they do not spendtime in prison-like environments.16The answer is ultimately up to Tennessee’s voters,communities, activists, elected officials, policymakers,and criminal justice reform advocates as they moveforward with the urgent work of ending the state’sobsession with mass incarceration.Blueprint for Smart Justice: Tennessee5
The State of theTennessee Prison SystemIn 2017, there were more than 30,000 people inTennessee’s prisons, more than at any other point instate history.17 Tennessee’s prison population grewfour-fold between 1980 and 2016,18 and increased byover 30 percent between 2001 and 2017 alone.19The Tennessee Department of Corrections (TDOC)projects that the prison population will continue togrow, exacerbating concerns about the capacity ofstate prisons to cope with more people.20 While theoverall non-federal imprisonment rate at the nationallevel dropped by 7 percent between 2000 and 2016,Tennessee’s imprisonment rate rose by 9 percent.Between 1990 and 2016, that rate increased by 100percent — the eleventh largest increase in the nationover that time period.21AT A GLANCETENNESSEE PRISONSOver 30,000 people were locked up inTennessee prisons in 2017.Tennessee’s prison population has grownby 33 percent between 2001 and 2017.The state imprisonment rate grew by100 percent between 1990 and 2016.TENNESSEETENNESSEE PRISON 06’82’84’86ACLU Smart Justice’88’90’92’94’96’98 ’00 ’02’04’06 ’08’10’12’14’16
What Is Driving People Into Prison?In Tennessee, a litany of offenses drives people intoprisons.22 In 2017, the most common offenses for peopleentering Tennessee prisons were drug offenses (26percent), burglary (15 percent), larceny or theft (13percent), and aggravated assault (11 percent). Propertyoffenses, including larceny, burglary, fraud, and arson,accounted for 33 percent of admissions in 2017. 23While overall admissions to Tennessee prisonsdeclined by 11 percent between 2007 and 2017, agrowing proportion of people admitted to prison arethere for violating the conditions of their communitysupervision.24 In 2017, returns from communitysupervision (which includes violations of technicalconditions of parole, such as breaking curfew orpositive drug test results, as well as violations for newcrimes) accounted for nearly two in five (39 percent)prison admissions in the state.25In addition, Tennessee has adopted harsh laws thatincrease sentencing ranges, limit parole opportunities,and trigger mandatory prison sentences for people incertain situations. For example, a single prior class Aor B felony conviction can require a prison sentencefor someone who would otherwise be eligible for smartrelease options such as community supervision.26AT A GLANCETENNESSEE PRISON ANDCOUNTY JAIL POPULATION16 percent of the total county jailpopulation was awaiting transfer to apermanent facility in 2017.49 percent of the 2017 county jailpopulation had not been convicted of anycrime.1 in 4 people sent to prison in 2017 wereconvicted of a drug offense.There was a 44 percent increase in peopleserving time for drug offenses between2003 and 2017.The Current Prison and JailPopulationTo accommodate its growing prison population, TDOCholds some people who have been convicted of a crimeand would typically be held in a state prison in countyjails until there is space in a permanent facility. InTENNESSEE PRISON ADMISSIONS BY OFFENSE TYPE (FY BurglaryLarceny/TheftAggravatedAssaultBlueprint for Smart Justice: Tennessee7
June 2017, the TDOC “backup jail population” madeup 15 percent of the total county jail population. Inthe past decade, the total jail population has grown by14 percent, while the number of people under TDOCjurisdiction held in jails has grown by 125 percent,accounting for a growing proportion of the total jailpopulation.27In June 2017, in addition to the 16 percent of peoplewho were awaiting transfer to a TDOC facility,nearly half (49 percent) of the county jail populationin Tennessee was awaiting trial and had not beenconvicted of any crime. This means less than one-third(32 percent) of the people in Tennessee jails had beenconvicted and were serving their jail sentence. In June2017, 29,369 people were incarcerated in county jails inTennessee.As of 2017, TDOC prisons were operating at 96percent of total capacity.28 Drug offenses are the mostprevalent offense type among people in Tennesseeprisons.29 In 2017, one in five people (20 percent) inprison were serving time for a drug offense, and thepopulation of people in prison for such an offense grewby 18 percent between 2007 and 2017. The populationof people imprisoned for drug offenses has steadilyincreased over time — rising 44 percent since 2003.An additional 20 percent of the prison population isimprisoned for property offenses like burglary andtheft while less than half (48 percent) is imprisoned fora violent offense.30TENNESSEE PRISON POPULATIONBY OFFENSE TYPE (FY 2017)Other OffensePertaining to Violence (1%)Other Offense NotPertaining to ViolenceSex OffensesRobberyDrug sHomicideFor more serious offenses, this increase has been evenmore pronounced. In the past decade, the averagesentence length for individuals charged with murderhas increased by 90 percent.32 Lengthy sentencesof this kind have not been proven to deter crime orimprove victim satisfaction.33Over the past decade, fewer people have been releasedfrom prison, stemming in part from a decline in thenumber of people released on parole, which dropped by31 percent between 2007 and 2017.34AT A GLANCEWhy Do People Stay in Prison for SoLong?Despite a recent drop in prison admissions, the prisonpopulation in Tennessee has continued to grow — dueboth to a rise in the length of imprisonment and aslight drop in annual releases from prison. On average,someone released from prison in 2017 served 18percent more time in prison than someone releasedin 2007, and the average sentence length for people inTennessee prisons increased by 14 percent during thattime period. The average time served for drug offensesis also on the rise. For example, time served for cocaineoffenses has increased by 50 percent since 2007.318ACLU Smart JusticeLENGTH OF IMPRISONMENTThere was a 31 percent drop in the numberof people released on parole between 2007and 2017.There has been an 18 percent increase inthe average length of imprisonment since2007.Nearly 5,000 people serving time inTennessee prisons in 2017 were sentencedunder the 85 percent “Truth in Sentencing”law.
Tennessee also has strict mandatory minimum laws,which result in many people spending additionaltime in prison. Regardless of circumstance, the staterequires that judges give longer sentences and includesentencing enhancements for people with priorconvictions.35Lastly, Tennessee’s penal code also includes “Truthin Sentencing,” which restricts how much time peoplecan earn towards parole or early release. Someindividuals are ineligible for parole entirely. Theserestrictions require that people convicted of certaincrimes serve at least 85 percent of their sentencebefore being eligible for any kind of earned releaseoption, such as community supervision or parole.36 In2017, nearly 5,000 people were serving time for an “85percent offense,” with an average sentence length of 24years and five months.37 These requirements severelylimit the amount of time someone can earn againsttheir sentence for participating in programming andtreatment.Who Is ImprisonedBlack Tennesseans: Black men constituted 43percent of the male prison population in Tennesseeas of 2017, despite making up only 15 percent of theadult male population in the state, resulting in morethan 1 in 30 Black men being in prison.38 According tothe most recently available data (2015), Black peopleaccount for 37 percent of the jail population overall.39The disproportionate number of Black people whoare incarcerated cannot be attributed directly tocriminal activity level. Disparities in the treatment ofBlack people in the justice system contribute to theiroverrepresentation. Please see the Reducing RacialDisparities section below for more information.Disabled Tennesseans: TDOC has identified morethan 27 percent of the prison population as needingmental health care in 2016.40 But the true number islikely much higher: TDOC excludes from its mentalhealth count anyone who also has substance usedisorders. In 2016, TDOC provided substance usetreatment for approximately 9 percent of the prisonpopulation.41 Estimates of disability in jails are evenAT A GLANCEDEMOGRAPHICS1 in 33 Black men were imprisoned inTennessee in 2017.Black men make up 43 percent of theTennessee male prison population despiteonly being 15 percent of the state adult malepopulation overall in 2017.More than 26 percent of people in Tennesseeprisons had mental health needs in 2016.There was a 64 percent increase in the prisonpopulation age 50 or older since 2007.higher. The chief financial officer of TDOC estimatesthat more than 70 percent of women who arrive in jailsin Tennessee have a mental health or substance usedisorder.42 The Tennessee General Assembly has notequipped substance use initiatives with appropriatefunding,43 and people with substance use disorderswait behind bars for months until space becomesavailable in substance use treatment programs.44Female Tennesseans: Over the past 10 years, thenumber of women in Tennessee prisons has grownat a rate that is over five times that of men. In 2017,Tennessee imprisoned more women than ever before.45In 2015, according to the most recent available data,women accounted for 18 percent of the jail population(including all people held in local jails, under both stateand local jurisdiction).46Older Tennesseans: Tennessee’s prison populationis rapidly graying. Though generally considered to posea negligible risk to public safety,47 the number of peoplein prison age 50 or older increased by 64 percent since2007, accounting for one in six people (16 percent) ofthe Tennessee state prison population in 2017.48Blueprint for Smart Justice: Tennessee9
Budget StrainsAs Tennessee’s prison population has risen, so has thecost burden. Tennessee spent an estimated 1 billion oncorrections in fiscal year 2018, surpassing its approvedbudget of 975 million. For fiscal year 2019, theDepartment of Corrections budget is over 1 billion.49Between 1985 and 2016, general fund spendingon corrections grew by more than 175 percent, faroutpacing growth in spending on other state priorities,like education, which grew only 87 percent over thesame time period.5010ACLU Smart JusticeAT A GLANCEBUDGETSTennessee spent 1 billion on correctionsin fiscal year 2018 and is projected to spendeven more in 2019.General fund spending on correctionsincreased by more than 175 percentbetween 1985 and 2016.
Ending Mass Incarceration in Tennessee:A Path ForwardMass incarceration is a result of many systems failingto support our communities. To end it, we must developpolicies that better address inadequacies throughoutour education, health care, and economic systems, aswell as other structures within our society.But there are many potential criminal justice policychanges that can help Tennessee continue the pathtowards ending its mass incarceration crisis. It willbe up to the people and policymakers of Tennessee todecide which changes to pursue. To reach a 50 percentreduction, policy reforms will need to reduce theamount of time people serve in prisons and/or reducethe number of people entering prison in the first place.Reducing Racial DisparitiesReducing the number of people who are imprisonedin Tennessee will not on its own significantly reduceracial disparities in the prison system.People of color (especially Black, Latino, and NativeAmerican people) are at a higher risk of becominginvolved in the justice system, including living underheightened police surveillance and being at higher riskfor arrest. This disproportionality cannot be accountedfor by disparate involvement in illegal activity, andit grows at each stage in the criminal justice system,beginning with initial law enforcement contact andincreasing at subsequent stages, such as pretrialdetention, conviction, sentencing, and post-releaseopportunity.51 Focusing on only one of the factors thatdrives racial disparity does not address issues acrossthe whole system.“Merely reducing sentence lengths,by itself, does not disturb the basicarchitecture of the New Jim Crow. So longas large numbers of African Americanscontinue to be arrested and labeleddrug criminals, they will continue to berelegated to a permanent second-classstatus upon their release, no matter howmuch (or how little) time they spend behindbars. The system of mass incarcerationis based on the prison label, not prisontime.”52—From The New Jim Crow, Michelle AlexanderOne of the factors that disproportionately affectscommunities of color is the school-to-prison pipeline.While African-American students, for instance,made up 23 percent of the student body in Tennessee(according to most recently available data, 2010), 58percent of the students that schools decide to suspendand 71 percent of students who were expelled wereBlack.53 During the 2017–2018 school year, 91 percentof the 113 students age 12 and under arrested in MetroNashville Public Schools were African Americans.54Instead of addressing students’ behavior throughin-house resources like counseling, schools often callthe police. This is how many young people then endup involved in the criminal justice system at an earlyage. To make matters worse, a 2017 Blue Ribbon TaskBlueprint for Smart Justice: Tennessee11
Force on Juvenile Justice found discrepancies injuvenile court outcomes from county to county, withBlack children being disproportionately representedat every stage of the system.55 Statistics suggest that asignificant number of these children will later end up inprison.56Income inequality also drives racial disparitiesin the Tennessean criminal justice system. Forexample, Nashville’s controversial Operation SaferStreets program often targets low-income minorityneighborhoods, including those with public housingdevelopments, by placing more police in areas wherethe department believes crime is more likely.57 Thistypically correlates with less affluent locations.58In addition, a recent report demonstrated that inNashville, Black people are much more likely to bestopped and searched by police than white people invirtually every police patrol zone in the city.59 Thegreater police presence in areas that heavily populatedby people of color, as well as racial profiling that takesplace in all areas, results in people of color beingarrested at higher rates for common crimes, despitethe fact that all races commit those crimes at the samerate.60By addressing socio-economic issues such as poverty,addiction, mental health, and school disciplinethrough the criminal system, Tennessee is placinglaw enforcement at odds with the communities theyare assigned to protect, and worsens the risks facedby troubled youths. This drives racial disparities inboth charging decisions and sentence lengths. Racialdisparity is so ingrained in the system that it cannotbe mitigated by solely reducing the scale of massincarceration. Shrinking the prison population acrossthe board will likely result in lowering imprisonmentrates for all racial and ethnic populations, but it willnot address comparative disproportionality acrosspopulations. For example, focusing on reductionsto prison admissions and length of stay in prison iscritically important, but those reforms do not addressthe policies and practices among police, prosecutors,and judges that contribute greatly to the racialdisparities that plague the prison system.New Jersey, for example, is often heralded as oneof the most successful examples of reversing mass12ACLU Smart Justiceincarceration, passing justice reforms that led toa 26 percent decline in the state prison populationbetween 1999 and 2012.61 However, the state did notintentionally target racial disparities in incarcerationand, in 2016, Black people in New Jersey were stillmore than 12 times as likely to be imprisoned as whitepeople — the highest disparity of any state in thenation.62Ending mass incarceration is critical to eliminatingracial disparity, but insufficient without companionefforts that take aim at other drivers of racial inequitiesoutside of the criminal justice system. Reductions indisparate imprisonment rates require implementingexplicit racial justice strategies.Some examples include: Ending overpolicing in communities of color Evaluating prosecutors’ charging and pleabargaining practices to identify and eliminatebias Investing in diversion/alternatives to detentionin communities of color Reducing the use of pretrial detention andeliminating wealth-based incarceration Ending sentencing enhancements based onlocation (drug-free school zones) Reducing exposure to re-incarceration due torevocations from supervision Requiring racial impact statements before anynew criminal law or regulation is passed andrequiring legislation proactively rectify anypotential disparities that may result with newlaws or rules Fighting discriminatory gang sentencingenhancements that disproportionately targetpeople of color Addressing any potential racial bias in riskassessment instruments used to assist decisionmaking in the criminal justice system
Shifting funding from law enforcement andcorrections to community organizations, jobcreation, schools, drug and mental healthtreatment, and other social service providers Limiting the circumstances in which schools usepolice or school resource officers to intervene ina child’s behavior.Reducing AdmissionsTo end mass incarceration, Tennessee must breakits overreliance on prisons as a response to socialproblems. Evidence indicates that prisons seldomoffer adequate solutions to wrongful behavior. In fact,imprisonment can be counterproductive, failing to endcycles of harm and violence, as well as failing to providerehabilitation for incarcerated people or adequateaccountability to the survivors of crime.63 Here aresome strategies: Eliminate money bail: Far too often, peoplewho are eligible for release but cannot affordtheir bail will end up in jail for weeks, months,or in some cases years as they wait for theirday in court. When this happens, the criminaljustice system frequently leaves them witha difficult choice: take a plea deal or fight thecase from behind bars. This is challengingfor a number of reasons. Pre-trial detentionlimits how often a defense attorney can meetwith her client, preventing her from buildinga strong case.64 Moreover, even one week ofdetention can have massively destabilizingeffects on someone’s life, including potentialjob or housing loss, education disruption, andinability to parent. After even a short stay injail, taking a plea deal sounds less burdensomethan losing everything.65 Ultimately, thosedetained pretrial are four times more likelyto end up in prison.66 The General Assemblyshould eliminate money bail in order to requireits criminal justice system to treat people withfai
6 ACLU Smart Justice The State of the Tennessee Prison System In 2017, there were more than 30,000 people in Tennessee's prisons, more than at any other point in state history. 17 Tennessee's prison population grew four-fold between 1980 and 2016, 18 and increased by over 30 percent between 2001 and 2017 alone. 19
