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Staring at the prospects of funding a new prison, Senate Judiciary Chairman Todd Gardenhire lobbed a bombshell this week at House Speaker Cameron Sexton over a “three-strikes” sentencing bill expected to increase Tennessee’s inmate population.

Gardenhire, a Chattanooga Republican, led an effort to defeat Senate Bill 2137, but before it failed to advance, he said Sexton should have “attached the money.”

“He sent it over to us to take the bullet. He should have had the guts to do it, but he didn’t,” Gardenhire said.

The fiscal analysis says the legislation wouldn’t impact the inmate population in the first three years but at some point would lead to the need for a new prison at a cost of $400 million plus $60 million in annual operating costs.

Sponsored by Sexton and Republican Sen. Dawn White of Murfreesboro, the bill would set up a “three-strikes” system in which people convicted of three crimes, most of them violent offenses, within a certain time frame would be sentenced to life in prison. White described the 54 offenses listed in the bill as “just horrific.”

Yet criminal defense attorney Jeff Cherry of Lebanon told the committee that in some instances, a person who never served one day in prison could find themselves sentenced to life for committing a third crime.

“That’s fundamentally unfair,” Cherry said.

Republican Sen. Paul Rose of Covington, typically a hard-liner, said he was taken aback by Cherry’s testimony and voted against the bill.

Gardenhire, Rose, Republican Sen. Kerry Roberts of Springfield and Democratic Sens. London Lamar and Sara Kyle of Memphis voted against it. Voting in favor were Republican Sens. White, Bobby Harshbarger of Kingsport, John Stevens of Huntingdon, Brent Taylor of Shelby County

Sexton has taken a hard line on crime in recent years, sponsoring a “truth-in-sentencing” measure in 2022 that requires perpetrators of most violent crimes to serve 100% of their sentences. Gov. Bill Lee allowed the bill to become law without his signature, leading Sexton to criticize him as well.

The speaker has also led Republicans’ “Immigration 2026” package to crack down on people without permanent legal documentation.

The bill that died this week doesn’t mention construction of a prison that would be operated by the state’s private-prison contractor, Brentwood-based CoreCivic. But it would probably be in the running for the job, since it gives heavily to lawmakers.

Asked about Gardenhire’s assertions Thursday, Sexton said, “I’m praying for him in this moment of crisis that he seems to be having.”

Sexton said it’s “common knowledge” Gardenhire is the “softest” member of the General Assembly on crime, so he’s not shocked that Gardenhire would side again with murderers, rapists, gang members and violent criminals.

“He only wants to talk about the criminal and how much it may cost to put someone in jail who is a threat to society and a threat to our communities,” Sexton said.

(Incidentally, Gardenhire passed a bill Thursday requiring a 30-day sentence for DUI in a school zone when the flashers are going.)

Defending the “three-strikes” bill, Sexton called it a “novel approach” that allows defendants to reduce their strikes or points if they aren’t convicted of a crime for three years. Sexton added that he would rather build a prison to protect communities “than allow violent criminals to run the streets.”

Similarly, Gardenhire caught the ire of the Tennessee Firearms Association two weeks ago when he killed a spate of gun-related bills, including one that would have eliminated the state’s “intent to go armed” law, which prohibits carrying a weapon for no designated purpose.

The gun group fired off a letter criticizing the Judiciary chairman, and he responded in kind, basically saying he isn’t going anywhere for six years. While nobody is guaranteed another day of life, we’re not betting against him in any fight.

But even if Sexton’s bill had escaped the Judiciary Committee, it likely would have hit hard times in finance where senators are taking a jaded look at bills coming before them with undetermined costs.

Some discussion focused on whether a new prison would cost $400 million or $178 million. Either way, it ain’t cheap. And neither are the lives of those who do time.

Voucher bills on collision course

House and Senate private-school voucher bills are set to slam into each other before the end of the legislative session within a couple of weeks. 

The House slapped a new amendment on HB2532 this week, putting an increase in the governor’s expansion plan at 35,000 students for next year, up 15,000 from this year. The Senate plan doubles the number of vouchers at 40,000.

Tennessee House panel alters private-school voucher bill

Either way, it’s an increase.

The House claims to be taking the financially responsible road on this trip that some say will run the state off a fiscal cliff.

In addition to reducing the increase in vouchers, the House bill changes the “hold harmless” provision for school districts, which could cause some heartburn for local officials. School districts would receive funding only for students who take the vouchers, rather than for the loss of students for any reason. That provision was added last year to sweeten the pot for education officials who opposed the program.

It also drops a provision requiring school districts to report the number of undocumented students in their schools. Democrats say Republicans inserted that provision to blackmail GOP members into voting for the bill so they don’t look soft on immigration.

The House version contains more requirements for “transparency” that could give the public a better view into who is receiving the money, although the large majority of recipients were already attending private schools when they got the money.

House Democratic Caucus Chairman John Ray Clemmons said Thursday he doesn’t believe Republicans have enough votes to pass expansion to 35,000 or 40,000.

“We’re adamantly opposed to both,” he said.

But if House leaders can garner enough votes to pass their bill, the Senate probably won’t balk to the point of killing Lee’s number one initiative.

Officer’s death avoidable

Sen. Tom Hatcher, chairman of a Senate corrections subcommittee, reiterated this week that the killing of a prison officer at Morgan County Correctional Complex could have been averted if prison officials had heeded warning signs. 

Officer Dustin Pedigo, 35, was stabbed to death Feb. 24 at the prison by an inmate.

Hatcher, a Maryville Republican, said the Department of Correction was notified about problems with door locks at the prison and that the inmate made statements to several people that he was going to kill someone “so he could be heard.” The inmate might have written letters, as well, tipping off a problem.

Giving families a voice: Lawmakers push family advisory board for Tennessee inmates

An internal investigation is being conducted into the death.

“We’re discussing some issues and hope to make some changes,” said Hatcher, who sponsored legislation this session creating a family advisory board for prisons. It was sent back to the Senate Calendar Committee, which is not a good sign for passage this late in the session.

Channel 2 News reported that Republican Sen. Ken Yager of Kingston previously said the murder could have been prevented. He told the TV station that Pedigo was checking a door lock when the inmate stabbed him in the neck multiple times.

Correction Commissioner Frank Strada said in a committee hearing he was unaware of the death threats until the officer was killed.

The Department of Correction and legislature are quibbling about who’s responsible for the failed locks. 

It seems those would have been a priority.

Making the ballot?

Veteran Democratic Rep. G.A. Hardaway of Memphis failed to turn in enough signatures to qualify for reelection this year. The shortfall came about the time he sustained an injury this session and missed an extended period of time.

Hardaway, though, said this week he will be the Tennessee Democratic Party’s nominee for the District 93 seat in Shelby County.

The question is whether his name will find its way onto the ballot.

Secretary of State Tre Hargett said this week that Hardaway will have to get enough write-in votes in the Democratic primary, 5% of the total number of registered voters in the district, to reach the threshold to be on the November ballot. That number shifts, but it could be around 1,075, meaning he has a long row to hoe.

Immigrant student bill still on hold

Sen. Bo Watson is still weighing options on his bill that would restrict the enrollment of undocumented students, enabling school districts to charge tuition, which could put the state in violation of federal discrimination laws.

The House amended its version of the bill this year, turning it into a measure requiring school districts to report the number of students without permanent legal documentation. 

Hamilton County educators have been hammering Watson over the bill, telling him they oppose both versions, but especially his. 

For the last two or three weeks, Watson has said he’s negotiating with House and Senate colleagues to decide whether to concur with the House or stick with the Senate version. He could just hold on to the Senate bill, use it as leverage, proclaim victory and go home for the year, leaving no victims in his wake.

“And the time has finally come for me to pack my bags and walk away.”*

*“Take the Highway,” The Marshal Tucker Band

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