Critics say Tennessee blended sentencing law needs changing after fast-track passage

Davidson County Juvenile Court Judge Sheila Calloway supports the concept of blended sentencing, but argues that a new law affecting serious juvenile offenders is unworkable and possibly unconstitutional.

“There are a lot of gaps in the law that I think, on behalf of the judges, we're working on and trying to figure out how we're going to implement the law that they passed,” Calloway said Tuesday in an interview with the Tennessee Lookout.

Calloway's primary concern is that juvenile suspects may not understand the concept of a trial, much less benefit from a jury trial within a year of being informed of their right to a trial, as required. the new law, because of the time it takes. to obtain an indictment and prepare for a criminal trial.

Calloway is also unsure whether a constitutional right to a jury trial “by one's peers” is possible for a young teenager, since most juries average 50 years and older.

Gov. Bill Lee signed Senate Bill 430/624 into law on May 28, even though he had previously been reluctant about similar bills aimed at fighting crime. A spokesperson for Lee said he would defer to the General Assembly on the measure, which takes effect Jan. 1.

(READ MORE: Tough-on-crime bill imposing adult sentences on juveniles hits Gov. Bill Lee's desk)

The law allows 14-year-olds who commit serious crimes to be sentenced to five years in prison or probation at the end of their juvenile sentence. It also allows juvenile judges to transfer 16- and 17-year-olds to adult court in cases of first- and second-degree murder, as well as attempted murder.

The Senate approved a blended sentencing bill in 2023. But it did not pass the House that year or in a special session last August on public safety. Different versions of the bill were circulating fast and furious toward the end of the 2024 legislative session, most without input from juvenile court judges. This left interested parties on the sidelines, hoping the bill would not pass.

Supporters pushed a significantly amended version through the House, and the Senate approved it along party lines after leaders refused to let it pass through the Judiciary Committee, where Chairman Sen. Todd Gardenhire, R-Chattanooga, opposed it.

So some lawmakers are hearing from judges who are concerned about how the law will work due to the lack of oversight, and they want to come up with a plan to revamp it when the Legislature resumes in January 2025.

“I obviously have concerns that I've already shared about the logistics of the bill,” said Republican Sen. Kerry Roberts of Springfield. “I think those conversations are going to result in some changes that we make in January. The question will be: Are these substantive changes or minor changes?”

For example, Roberts argued during the debate that youths' ages were redefined to 24, because they would remain under the jurisdiction of juvenile court if they were sentenced to 14 years for a second serious offense.

Tennessee's juvenile judges are scheduled to hold a conference in August, and Roberts predicts appeals regarding blended sentencing will increase as the session approaches.

The law requires juveniles 16 and older to be detained and tried as adults for first- and second-degree murder, even though state law prohibits juveniles from being incarcerated with adults. Many county governments do not have facilities to house juveniles, and Davidson County detains juveniles for less than 30 days before the court date.

Such a provision complicates the measure and could cost the state more than $4.3 million if at least 30 minors are housed separately, documents show.

(READ MORE: Juvenile sentencing bill in Tennessee House raises constitutional questions)

Jasmine Miller, an attorney with the Youth Law Center, noted that the initial version of the bill passed the Senate Judiciary Committee in 2023, but was delayed during a fall special session on public safety and then amended in 2024, in part, to resolve constitutional issues. and the absence of trials. An amendment reinserted adult trial into the equation, but critics remained dissatisfied with the bill's practical application.

“In making such significant changes, we obviously haven't had a chance to talk about the mechanics of a jury trial or how many people are affected?” » Miller said.

Some senators were “uncomfortable” with the number of changes made to the bill, as well as the fact that it would no longer be heard by the Judiciary Committee, and were sent back to the Senate “at the 11th hour,” she declared.

Additionally, Calloway worries that juvenile judges will lose discretion over what happens to offenders once they turn 19 and are released from the custody of the Department of Children Services.

The new law also allows juvenile court judges to order probation for offenders, but confusion surrounds the process and how the Department of Correction should handle these cases. Calloway said she wasn't sure if 19-year-olds in this situation would be transferred to prison or placed on probation.

In addition, these young detainees must avoid committing any other offense or conduct considered to present a security risk. They must also obtain a high school diploma, enroll in college, or find a job if placed on probation. Otherwise, they could be sentenced to prison, which Calloway calls “problematic.”

In fact, she said she supports the idea of ​​giving juvenile court judges jurisdiction over violent young offenders up to the age of 24. But she stressed that this law has “too many loopholes”.

Nonetheless, House Speaker Cameron Sexton, R-Crossville, a strong supporter of the legislation, said Tuesday that prosecutors, law enforcement and Tennesseans as a whole support the measure. He noted that prosecutors helped draft the bill during a two-year debate.

“Soft on crime individuals can say whatever they want, but the simple fact is that they do not believe in holding violent youth accountable and are out of step with Tennesseans,” said Sexton in a statement. “That’s why we’re working on a criminal package next year that could even strengthen this law and reform the bail industry for violent criminals.”

(READ MORE: Tennessee Bond Laws Strengthen as Hamilton County Advocates Push to Increase Pretrial Jail Releases)

The bill's sponsor, Republican Sen. Brent Taylor of Memphis, said Tuesday that he had not heard any complaints from Shelby County judges and had in fact received support from the district attorney District Steve Mulroy.

Still, he acknowledged that lawmakers often amend bills a year or two after they're passed, and he said he would be open to revisiting the mechanics of combining sentences.

“I’m willing to listen to what the concerns are, but I haven’t heard anything,” Taylor said. “The only thing I've heard here (in Memphis) is that everyone is in favor of it, including the judges.”

Taylor said the law does not change the structure of detention of offenders, with juveniles being housed in Department of Child Services facilities until their 19th birthday, then with other adults if a judge requires incarceration additional.

Learn more at TennesseeLookout.com.