OPINION: Amendment 1 modernizes the justice system, puts public safety first

When families choose where to call home, they look for a place where their children can safely ride their bikes, where they can pump gas or shop for groceries without constantly looking over their shoulders, and where they trust elected leaders to do everything in their power to protect the community. 

Achieving that level of public safety requires accountability and efficiency at every level of the criminal justice system, from the officers who make arrests to the judges who make difficult decisions. 

Conversations with police officers in Madison County and across our state have given me a deeper appreciation for their work and the challenges they face. It's a demanding job, and these men and women put on the uniform each day knowing they will have to confront dangerous criminals to protect the public. Their work is essential, but public safety also depends on what happens after an arrest. 

Time and again, members of law enforcement have described the destructive cycle of officers arresting people accused of dangerous offenses, only for them to be released on bail to commit more crimes. 

The system undermines itself when repeat offenders cycle back into communities and reoffend, creating more victims. But it doesn't have to be this way. 

Our state constitution grants defendants the right to bail before trial for nearly every crime, with a narrow exception for capital cases when certain legal standards are met. 

The capital offense exception dates back to Tennessee's founding, and in the state's early decades, the category included a broader range of crimes that might seem unusual by today's standards, such as horse stealing. Today, in practice, the only crime for which a judge can deny bail is first-degree murder. 

This outdated approach is proving dangerous. A judge is legally required to grant bail to a person charged with attempted murder according to our current constitutional framework. The same would apply to a serial rapist or someone who commits an act of terrorism. 

If Tennessee voters approve Amendment 1 in November, judges will finally have the authority to deny bail to people charged with clearly defined violent crimes like this, as well as second-degree murder, grave torture, and any serious offense that requires offenders to serve at least 85% of the sentence. 

Amendment 1 does not require judges to deny bail. Instead, it would give judges greater discretion to determine whether pretrial detention is warranted to protect the community. It would also increase transparency by requiring judges to state their reasons for granting or denying bail on the record, giving Tennesseans a clear explanation of how these important decisions are reached. 

This is not about locking up people accused of minor offenses. It's about giving judges another tool to address the risks posed by people charged with the most serious crimes under Tennessee law.

Some claim without evidence that Amendment 1 will drive incarceration costs up. But they aren't considering the price of crime to the folks who will inevitably be victimized by a career criminal who shouldn't be out on the streets. They don't think of the struggling small business owner forced to buy an expensive security system because of a string of nearby burglaries, or the children who fall asleep in fear because of gunshots ringing outside their bedroom windows. 

Amendment 1 is straightforward: It gives judges the authority to hold violent offenders in custody before trial when necessary, keeping families out of harm's way. Passing it will strengthen accountability, prioritize safe streets and create a justice system that better serves all Tennessee residents. 

Everyone deserves a safe place to live, work and raise a family. On Nov. 3, voters can help make that a reality. 

I encourage every eligible Tennessean to vote yes on Amendment 1.  

State Rep. Chris Todd represents District 73 in the Tennessee House of Representatives, which includes most of Madison County.