Joint Ad Hoc Committee on Juvenile Justice announces its recommendations

(NASHVILLE) January 26, 2023 – The General Assembly wrapped up its organizational session on Saturday, Jan. 20, following the inauguration of Governor Bill Lee to his second term in office. This week the Senate began its regular orders of business. Committees held their first meetings of the 113th General Assembly to hear from state departments with reports and budget requests.

On Wednesday, the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice met to announce its legislative recommendations to improve the Wilder Youth Development Center in Somerville as well as the broader juvenile justice system in Tennessee. In June 2022, Lt. Governor Randy McNally and House Speaker Cameron Sexton tasked the committee with examining all aspects of juvenile detention and probation in the state of Tennessee.

“These are issues we really dug into. We looked, we listened, and we traveled to come up with our best recommendations,” said Senate Co-Chair, Page Walley (R-Savannah). “We know there is no final solution that will solve all the challenges at DCS, but our proposals are a significant step in the right direction. I appreciate Lt. Governor McNally and Speaker Sexton for appointing this committee and look forward to working with my colleagues in the General Assembly, Governor Lee and DCS as they consider these recommendations. I am confident we will make remarkable investments and improvements in DCS and the lives of children.”

The recommendations will be implemented through both the budgetary and legislative processes during the 2023 session of the General Assembly.

Throughout 2022, the committee met seven times and conducted an exhaustive study on juvenile justice issues. The committee’s recommendations are based on months of fact finding with hearings from various state agencies, non-profits, local law enforcement, district attorneys, juvenile judges and health care professionals.

Recommendations  

• Share juvenile records among judges – One recommendation is to allow confidential juvenile records to be shared among juvenile court judges across the state, to provide a full picture of a juvenile’s record. Currently, juvenile records such as programs and services received, adjudications, and what has been successful and unsuccessful do not follow juveniles to different jurisdictions across the state. In addition, each court has its own system which makes it very difficult to combine data. This legislation is a first step towards addressing a large data sharing issue.
• Expand bed capacity – The state needs approximately 180 – 190 additional male beds and 25 additional female beds at DCS facilities. The consulting group Ernst and Young (EY) has conducted an audit of DCS facilities and will soon release their report with recommendations on the best way to increase the number of beds.
• Disincentivize escapes at youth development centers – One of the recommendations is to increase penalties for juveniles in youth development centers who try to escape. The proposed legislation would allow juvenile escapees to be charged as an adult and moved to a Tennessee Department of Corrections facility. Under the bill, the juvenile would only be charged as an adult for the crime of escaping.
• Expand incorrigible designation – Legislation is being proposed to lower the age eligible for an incorrigible designation from 18 to 17 years old. This would allow superintendents at Wilder and other youth development centers to transfer extremely uncooperative and violent 17-year-olds to Department of Corrections facilities.
• Separate violent juveniles based on age – Another measure requires children in DCS custody who are 16 years of age or older and retained in a Level III or Level IV juvenile detention facility to be separated from children under 16 years of age.
• Improve employee training and compensation – Part of the committee’s recommendations include legislation to expand employee training for youth services officers on best practices for behavior management and conflict resolution when supervising juveniles with severe behavioral issues. Additionally, to help attract and retain personnel the committee is working with DCS to support salary improvements for DCS officers in the 2023/2024 state budget.
• Create a Juvenile Justice Review Commission – To continually improve practices, the committee is proposing legislation to create a Juvenile Justice Review Commission under DCS and the Tennessee Commission on Children and Youth (TCCY). The commission would regularly review juvenile justice cases and provide an annual report with recommendations to the General Assembly. It would be modeled after the Second Look Commission which reviews severe child abuse cases.
• Expand DCS prevention grants – With the number of juveniles in DCS custody steadily increasing, it is becoming more important than ever to focus resources on preventing children from entering state custody. The committee is proposing legislation to improve prevention services by expanding DCS prevention grants that provide after school care, curfew checks, school attendance checks and mental health care. Tennessee currently has two prevention programs with over a 90% success rate. The programs serve 55 youth per year in East and West Tennessee.
• Establish a juvenile step-down pilot program – In order to incentivize good behavior among juveniles, legislation is being proposed to establish a pilot program with DCS on compliance programming. It would provide ways for juveniles to step down from secure facilities into a homelike setting with more freedom.
• Require 24/7 mental health services – The committee is recommending legislation to provide a stronger clinical presence at youth development centers by requiring 24/7 clinical mental health treatment services.
• Make available chaplain services – Part of the legislative package also includes legislation to offer chaplain services at all DCS youth development facilities.

The proposed legislation will be sponsored by members of the committee: Sen. Page Walley (R-Savannah), Sen. Ed Jackson (R-Jackson), Sen. Raumesh Akbari (D-Memphis), Rep. Mary Littleton (R-Dickson), Rep. Lowell Russell (R-Vonore), Rep. Ron Gant (R-Piperton), Rep. Andrew Farmer (R-Sevierville) and Rep. Johnny Shaw (D-Bolivar).

Tennessee airport officials request $125 million in state funding

During a Senate Transportation and Safety Committee meeting this week, Tennessee Association of Air Carrier Airport officials requested $125 million in annual state funding for the state’s five commercial and 73 general aviation airports. The 2022 allocation for Tennessee airports was $72.8 million.

Airport officials say the funding increase is needed to pay for the infrastructure needs of Tennessee’s airports and keep them competitive with those in neighboring states. Tennessee airports have seen a decline in funding from fuel taxes since the state capped annual fuel tax payments in 2015.

The funding request increase comes as Tennessee’s five commercial airports realize expansion plans. At the Nashville International Airport, the new Satellite Concourse with eight domestic gates and seven concessions locations will open in October of 2023. That project is expected to bring between 2.5 million and 3.5 million additional passengers a year through the airport.

With additional funding, BNA also plans to add 15 new domestic gates in FY 2024-2025. A future runway extension is also being planned to enable nonstop service to Asia.

The Memphis International Airport is planning to modernize and make seismic upgrades to its terminals. The airport is also planning to rehab and later expand its runways to bring additional long-haul flights from Europe and Asia.

The Metropolitan Knoxville Airport is planning a concourse gate expansion that would bring six additional airline gates, expand the airline ramp to accommodate the demand for larger aircraft and more flights, allow new airlines to add flights with larger aircrafts to more cities, and provide additional terminal hold room capacity needed to meet demand for larger aircraft with more seats.

The Chattanooga Metropolitan Airport is currently constructing more than 40,000 square feet of hangar space and is planning to construct a new 1,300-space parking garage as well as expand the terminal building to add three passenger boarding gates with capacity to process an additional 492,000 passengers annually.   

In Brief…

Small business support — The Senate Finance, Ways and Means Committee this week signed off on a budget expansion request for a program that provides loans to small businesses and entrepreneurs throughout Tennessee. Dubbed Fund Tennessee, the program will see $117 million in federal funds that will be dispersed to the Volunteer State in three tranches. To receive the federal funds, the Tennessee Department of Economic & Community Development is requesting a budget expansion of $120.7 million.

The federal funding is from the second installment of the State Small Business Credit Initiative (SSBCI), a program that will be offered for 10 years. The 2021 American Rescue Plan Act reauthorized and funded SSBCI with a combined $10 billion to states.

The funding is intended for businesses owned or controlled by socially and economically disadvantaged individuals who have historically lacked access to capital. In Tennessee, those living in about 55% of census tracts, including rural and metropolitan areas, would qualify for the program. Technical assistance grants are also being offered through the program to assist businesses applying for these loans.

School Turnaround Pilot Program has fast success – The Senate Education Committee met this week to hear an update on the School Turnaround Pilot Program, which was created from legislation passed by the General Assembly in 2021 to improve student progress in struggling schools in each grand division on the state’s priority list, which is the bottom five percent of schools in Tennessee. Officials from the Department of Education and Shelby County Schools as well as the approved vendor working with the schools, Cognia, touted the fast success of the program at Hawkins Hill Elementary School and Trezevant High School, both in Shelby County. For the first time in a decade, these two schools have come off the priority list as a result of the turnaround program.

Cognia is a global nonprofit organization that works with other states on school turnaround. Some of Cognia’s programs and development include teacher mentorships, instructional leadership and ways to combat chronic absenteeism. Chronic absenteeism is a big problem in the two Shelby County schools highlighted, so Cognia has partnered with the Tennessee Home Builders Association to provide incentives to parents whose children meet attendance milestones.

The other three schools involved in the program are also making progress. With two years left of the pilot program, the goal is for all five schools to come off and stay off the priority list.

Grow Your Own Teacher Apprenticeships Strengthen Tennessee’s Educator Pipeline – The Grow Your Own initiative aims to set a new path for the educator profession and for Tennessee to be the top state in which to become and remain a teacher and leader.  This week, the Tennessee Department of Education announced that two additional educator preparation providers (EPPs) – the University of Memphis and Arete Memphis Public Montessori – have been approved to offer teacher apprenticeships, bringing additional educator talent to the state to increase high-quality academic opportunities for Tennessee students. Tennessee was the first state to be approved by the U.S. Department of Labor (USDOL) to have Teacher Apprenticeship programs between school districts and EPPs. In addition to the previously approved 7 EPP programs, Tennessee now has 9 total approved EPP programs, offering registered teacher apprenticeships to 30+ districts and serving 200+ candidates. This builds on the nearly 650 candidates served through the initial 65 district/EPP partnerships that started in 2020. These two new models will bring additional opportunities and innovative programs.

Gov. Lee delivers second inaugural speech — Tennessee Governor Bill Lee addressed Tennesseans during his second inauguration at War Memorial Plaza on Jan. 21. During his speech, Lee applauded Tennessee’s strong economy, noting the state’s finances have been “stewarded in such a way that affords us the lowest tax rate per capita in the nation, the lowest debt rate per capita in the nation, and the fastest growing economy of all 50 states.” Lee praised Tennessee’s education investments as well, remarking that while rural America has been in decline for decades, rural Tennessee is “proving to be the exception, thanks to historic investments in vocations, technical and agricultural education that are shaping Tennessee’s future workforce.” Lee’s speech also included musings on faith, personal hardships and civility. “We can disagree and stand firm for our beliefs and our principles, but we should never forget the dignity of the other human being,” Lee said. “Civility is not a weakness. In fact, it has been and it should always be the American Way. And I know it can be the way in Tennessee.”

Gov. Lee to present State of the State address Feb. 6 – Gov. Lee’s office announced this week that he will deliver the annual State of the State address on Monday, Feb. 6 at 6 p.m. The address will take place in a joint session of the General Assembly in the House Chamber. Gov. In the speech, Gov. Lee will announce his budget and legislative priorities for the 2023 session.

Introducing the new Health Department head — Dr. Ralph Alvarado, the new commissioner of the Tennessee Department of Health, introduced himself to the Senate Health and Welfare Committee this week. Alvarado brings decades of diverse professional experience to Tennessee, including hospital management and nearly 30 years of service as an attending physician. Alvarado earned his undergraduate and medical degrees from Loma Linda University and completed his residency in internal medicine and pediatrics at the University of Kentucky. Alvarado also served in the Kentucky State Senate where he led the Senate Health and Welfare Committee as chairman.

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