NASHVILLE, Tenn. [October 14, 2026] – The Tennessee District Attorneys General Conference today announced its strong support of Constitutional Amendment 1, which will appear on the November 3 general election ballot.
The proposed amendment would expand the authority of Tennessee judges to deny pretrial bail in cases involving certain serious criminal offenses, including second-degree murder, terrorism, aggravated rape, aggravated rape of a child, grave torture, and other offenses subject to Tennessee’s 85-percent sentencing requirements.
Under the Tennessee Constitution’s existing provisions, the right to bail is guaranteed in all criminal cases except capital offenses when the proof is evident or the presumption great. Amendment 1 would extend that exception to additional offenses while preserving the requirement that the evidence satisfy the same constitutional standard.
Stephen Crump, Executive Director of the Tennessee District Attorneys General Conference, explained the prosecutors’ position:
“Every day, Tennessee prosecutors confront the devastating consequences of violent crime. We work with families who have lost loved ones, children who have suffered unimaginable abuse, and victims whose lives have been permanently changed by criminal violence.
“We believe that protecting the public and ensuring the safety of crime victims must be central considerations in our criminal justice system. We support Constitutional Amendment 1 because it provides judges with additional authority to address those concerns in cases involving some of the most serious offenses under Tennessee law.”
The amendment would not automatically deny bail to individuals charged with qualifying offenses. Instead, it would authorize judges to determine whether bail should be granted or denied when the required evidentiary standard is satisfied.
The proposal would also require judges and magistrates to place their reasons for granting or denying bail on the record, establishing an additional measure of transparency and accountability in these consequential decisions.
“The presumption of innocence remains a foundational principle of our justice system,” Crump said. “But the presumption of innocence and the authority of a court to make appropriate pretrial detention decisions are not mutually exclusive. Our prosecutors believe judges should have the legal tools necessary to evaluate these serious cases and make decisions that account for public safety, the rights of the accused, and the interests of victims.”
The Conference emphasized that the proposed amendment represents a significant change in Tennessee’s constitutional framework governing pretrial release. Its members believe that the additional judicial discretion and requirement for on-the-record explanations would strengthen the state’s ability to address public-safety concerns while maintaining judicial oversight.
“The Tennessee District Attorneys General Conference stands strongly in support of Amendment 1,” Crump concluded. “Our position reflects the experience of prosecutors who see firsthand the consequences of serious violent crime and who believe our courts should have the authority to make appropriate pretrial detention decisions in these cases.”
About the TNDAGC
The Tennessee District Attorneys General Conference was created by the General Assembly in 1961 to provide for a more prompt and efficient administration of justice in the courts of the state. It is composed of the elected District Attorneys General from the state’s 32 judicial districts.