Davidson County Juvenile Court Judge Sheila Calloway supports the combined sentencing concept, but maintains that a new law affecting serious juvenile offenders is unworkable and possibly unconstitutional.
“There are a lot of gaps in the statute that I think, on behalf of the judges, we’re working on and trying to figure out how we’re going to implement the statute that they passed,” Calloway said Tuesday in an interview with the Tennessee Watchdog.
Primarily, Calloway is concerned that juvenile suspects will not understand the concept of a trial, much less receive a jury trial within a year, as the new law requires, because of the amount of time it takes to obtain an indictment and prepare for a trial. criminal trial. rehearsal.
Calloway is also unsure whether the constitutional right to a “peer” jury trial is possible for a teenager, since most jurors have an average age of 50 or older.
Davidson County Juvenile Judge Sheila Calloway. (Photo: Nashville.gov)
Gov. Bill Lee signed HB430/SB624 into law last week even though he had previously been cold to similar bills fighting crime. A spokesman for Lee said he referred the measure to the General Assembly, which will take effect Jan. 1, 2025.
The law allows 14-year-olds who commit serious crimes to receive up to five years in prison or probation when their juvenile sentence ends. 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 passed a combined sentencing bill in 2023, but it failed to pass the House that year or in a special session on public safety last August, and different versions of the bill were flying fast and furious toward the end of the House. 2024 legislature. session, most without the participation of juvenile court judges. That left interested parties on the sidelines hoping the bill would not pass.
Supporters pushed a significantly amended version through the House, and the Senate passed it along party lines after leadership refused to allow it to go back through the Judiciary Committee, where Chairman Todd Gardenhire objected.
As a result, some lawmakers are hearing from judges concerned about how the law will work due to a lack of scrutiny, and want to come up with a plan to renew it when the Legislature reconvenes in January 2025.
“I obviously have concerns that I’ve already shared with the logistics of the bill,” said Republican Sen. Kerry Roberts of Springfield. “I think those conversations will lead to some changes that we will make in January. The question will be: are they substantial changes or are they minor changes?
For example, Roberts argued during the debate that the age for juveniles is being redefined to 24, because they would remain under the jurisdiction of juvenile court if they were sentenced at age 14 for a second felony.
Tennessee juvenile judges will hold a conference in August, and Roberts predicts calls about combined sentences will increase as the session approaches.
The law requires that juveniles 16 or older be detained and tried as adults for first- and second-degree murder, although state law prohibits juveniles from being imprisoned with adults. Many county governments do not have facilities to hold minors, and Davidson County holds minors for less than 30 days before their 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.
Obviously I have concerns that I’ve already shared with the logistics of the bill. I think those conversations will lead to some changes we’ll make in January. The question will be: are they substantial changes or are they minor changes?
– Sen. Kerry Roberts, R-Springfield
Jasmine Miller, an attorney with the Youth Law Center, notes that the initial version of the bill passed the Senate Judiciary Committee in 2023, but was delayed during a special fall session on public safety and then amended in 2024, in part. , to resolve constitutional issues. and the absence of a trial. An amendment reinserted adult trial into the equation, but critics were dissatisfied with the bill’s practical application.
“By making such big changes, there was obviously no opportunity to talk about the mechanics of having a jury trial or how many people it affects.” Miller said.
Some senators were “uncomfortable” with the number of changes made to the bill, along with the fact that it would not be heard again in the Judiciary Committee and went to the Senate floor “at the last minute,” he said.
Additionally, Calloway is concerned 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’s Services.
The new law also allows juvenile court judges to order probation for offenders, but there is confusion about the process and how the Department of Corrections would handle such cases. Calloway said she is not sure if the 19-year-olds in this situation would be transferred to prison or placed on probation.
Soft-on-crime individuals can say what they want, but the simple fact is that they don’t believe in holding violent youth accountable and are out of step with Tennesseans.
– Speaker of the House of Representatives, Cameron Sexton.
In addition, these young inmates must avoid committing any other crime or any conduct considered a security risk. They must also graduate from high school, enroll in college or get a job, if they are placed on probation. Otherwise, they could be sentenced to prison, which Calloway calls “problematic.”
In fact, he said he supports the idea of giving juvenile court judges jurisdiction over violent juvenile offenders up to age 24. But he noted that this law has “too many loopholes.”
However, House Speaker Cameron Sexton, a strong supporter of the legislation, said Tuesday that prosecutors, law enforcement and Tennesseans generally support the measure. He noted that prosecutors helped draft the legislation amid a debate that lasted two years.
“Soft-on-crime people can say what they want, but the simple fact is that they don’t believe in holding violent youth accountable and are out of step with Tennesseans. That is why we are working on a crime package next year that may even strengthen this law, as well as reform the bail industry for violent criminals,” Sexton said in a statement.
The bill’s sponsor, Republican Sen. Brent Taylor of Memphis, said Tuesday that he had not heard any complaints from Shelby County judges and, in fact, received support from District Attorney Steve Mulroy.
Still, he acknowledged that the Legislature often changes bills a year or two after they are passed, and said he would be willing to take another look at the mechanics of combined sentencing.
“I’m open to hearing what the concerns are, but I haven’t heard anything,” Taylor said. “The only thing I’ve heard here (in Memphis) is that everyone supports him, including the judges.”
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