Commentary: A review of state legislative action

NASHVILLE — This month’s review of legislation passed during the 2024 legislative session includes laws about blended sentencing for juvenile offenders, criminals incompetent to stand trial being committed to the appropriate facility, bail being determined by a defendant’s ability to pay, and improved access to maternity care.

Blended sentencing for juvenile offenders

Lawmakers passed important legislation this year to prevent violent juveniles from avoiding the consequences of their crimes, while also incentivizing convicted juveniles who have worked to turn their lives around. The new law allows for a juvenile convicted in criminal court to receive a ‘blended sentence’, so the juvenile would serve both a juvenile and adult sentence – keeping them in prison up to age 24.

Previously, if a juvenile is convicted of a violent offense, there were only two options. One option was to handle the case in the juvenile court system where the juvenile offender will be released at age 19 with their record expunged. The other option was to try that juvenile in adult court if the offense is violent enough. Then, if convicted under the previous law, the juvenile would be incarcerated in adult prison.

This new blended sentencing law offers a third option for the offender to be treated as a juvenile delinquent until age 19 and then be given an adult sentence until age 24. It closes loopholes that enabled juveniles to commit serious, violent offenses shortly before becoming a legal adult and then be released just a little over a year later.

In order for juveniles to fall under the new law, the court must designate them as a “Serious Youthful Offender” for a first offense of first- or second-degree murder; or for a second offense of a Class A, B and C felonies. The new law also incentivizes good behavior and allows juveniles convicted under blended sentencing to avoid the additional, adult sentence if they meet certain criteria such as staying out of trouble, attending school regularly, obtaining employment or being involved in activities that benefit the community. Senate Bill 624 is now Public Chapter 1007 and will become effective January 1, 2025.

Jillian's Law

As part of a large effort to improve public safety and crack down on crime, lawmakers approved a new law to require criminal defendants deemed incompetent to stand trial to be committed to an appropriate treatment facility. The law also requires individuals deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System which serves as a database of people prohibited from buying or owning firearms.

The legislation is a result of the tragic murder of Jillian Ludwig, an 18-year-old Belmont University freshman who was fatally shot while walking in a Nashville park on Nov. 7, 2023. Her killer, Shaquille Taylor, was a repeat violent offender who was deemed incompetent to stand trial for committing aggravated assault with a deadly weapon in April 2023. Because of this finding, Taylor was released from custody and went on to murder Jillian Ludwig later that year. Senate Bill 1769 took effect July 1 and is Public Chapter 784.

Prohibiting ‘Ability to Pay’ to determine bail

A new law ensures that a defendant’s ability to pay is not used as a determining factor when setting bail. This law is in response to Shelby County’s new Bail Hearing Room and intended to prevent them from recklessly releasing criminals without bond based on an “Ability to Pay Calculator” to set bail. Senate Bill 2565 was effective upon becoming law and is Public Chapter 869.

Access to maternity care

This new law ensures that pregnant women can receive essential prenatal care without having to travel long distances. It also allows TennCare to reimburse patients for remote ultrasound and fetal nonstress tests conducted in residences and off-site locations. By enabling remote testing options, pregnant women can undergo necessary checkups without the inconvenience and expense of traveling to healthcare facilities, especially if they live in rural or underserved areas where access to such services may be limited. Senate Bill 1674 was effective upon becoming law and is now Public Chapter 674.

It is an honor to serve as your state senator. Next month, I look forward to sharing more with you about news and updates in the General Assembly. In the meantime, please continue to reach out to my office on issues of interest and importance at 615-741-1946 or sen.adam.lowe@capitol.tn.gov.