New bond-setting process aims to slow down revolving door

MEMPHIS, Tenn. — The Shelby County District Attorney’s Office teamed up with the Memphis Police Department and Judicial Commissioners in attempts to improve the bond-setting process.

The new comprehensive form will now include a “Law Enforcement Notes” section replacing the previous bond recommendation section. The D.A.’s office says the new section is designed to “guide judicial commissioners in making more informed decisions.”

These five factors will be considered in the new form:

1. Evidence of Flight – Indicators of whether the defendant may attempt to flee before trial.
2. Evidence of Evasion – Any known history or actions suggesting the defendant may try to evade law enforcement.
3. Evidence of Violence – Including physical acts of violence, as well as behavior exhibited on social media, which may indicate a propensity for violent behavior.
4. Evidence of Other Crimes – Information regarding any prior criminal history or related activities.
5. Other Relevant Information – Any additional factors that may be pertinent to public safety and the appropriateness of bond (Example: gang affiliation).

“Safety is our top priority. By providing more relevant info for judicial commissioners and judges to consider, bonds can better reflect the public safety risks posed by defendants,” said District Attorney Steve Mulroy. “This isn’t about fixing blame. It’s about getting decision-makers the best information available, to ensure public safety while maintaining fairness and accountability within the judicial system.”

Shelby County Commissioner Charlie Caswell said he welcomes the change.

“The crime issue is only getting worse, and we got to do something different, if we want different results,” said Caswell.

The county commission appoints members of the Judicial Commission.

“We just had a public safety ad hoc meeting about a week ago, and some of the Judicial Commission were saying that they needed more information if they were able to, you know, do a better job in processing these individuals through,” Caswell said.

He says state lawmakers must also do their part.

“Some of this got to do with the state level, the laws that have to be passed at the state level that hold greater accountability,” Caswell said.

WREG reached out to State Senator Brent Taylor of Memphis, who said, “My understanding from Chief Judicial Commissioner John Marshall is they already had this information, but I am all for getting judges and judicial commissioners as much information as needed to determine whether releasing a criminal will negatively impact public safety. Through my efforts to Make Memphis Matter, the legislature passed my law requiring safety of the community be the first consideration when setting bail. This law is already having a positive impact, and it appears my efforts to hold our DA accountable have certainly changed his narrative from being friendly with criminals to sounding tougher on crime.”

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