MEMPHIS, Tenn. —
Shelby County Commissioners signed off on a resolution that would allow only judges to set bail for those accused of "Class A" and "Class B" felonies as well as some aggravated assault charges.
The resolution passed unanimously Monday. Its effort, some on the commission say, is targeted at stemming the tide of what they call a "crime wave."
“The system that is being implemented more broadly where there is a hearing room,” Andrea Woods, an attorney with the Tennessee chapter of the ACLU, said. “There are attorneys, a prosecutor is there to make recommendations, the judge has to make individualized finding that the promising step, that I really think we should be celebrating.”
Currently in the state of Tennessee, not only judges but in some counties, judicial commissioners can set bail for defendants.
A judicial commissioner, unlike judges, isn’t elected.
“It takes a little bit of time, I think, for everyone to understand what the new process looks like. There’s a lot of different players. There's a lot of different judges; different courtrooms, different judicial commissioners,” Woods said.
This resolution that passed the county commission Monday is already a state law that will take effect July 1 across the entirety of the state.
It’s less than two months away but commissioner Mick Wright who drafted the resolution says due to the ongoing violent crime and consistent repeat offenders, it needs to start sooner than later in Shelby County.
It’s a move some Shelby County residents say on the one hand holds elected judges accountable to the public and can prevent the release of some violent criminals but on the other hand, could indirectly lead to overcharging.
“The cause and effect will be, 'well let’s make higher charges every time to meet this legislation so that we could deny and increase bail,'” Shelby County resident Vahisha Hasan said.
Hasan says it’s a "band-aid for a deeper wound."
“You cannot bail reform your way out of a crime wave, so if bail is the response to a crime wave, then we’ve already failed,” Hasan said. “I would go first to what needs are being met and unmet in communities. That’s first and, so even looking at the fact that this is slated for July 1, and there’s a desire to rush this through to come first, where's the rush for gun reform, where’s the rush for gun reform? Where’s the needs to have social needs met?”
Shelby County Mayor Lee Harris has said he will sign the resolution, saying “I support what commissioner Wright is trying to do on public safety.”
Memphis Mayor Jim Strickland in his weekly update once again called out what he calls the "revolving door". He said, in part, "The message is clear to the criminals—it’s ok to shoot at police officers and civilians. It’s ok to steal as many cars as you can because there is very little punishment or consequence for your actions."