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Prison reform advocates push to reverse length of life-sentence in Tennessee

The life sentence with the opportunity for parole is 51 years in Tennessee. That was doubled from 25 years in 1995.

KNOXVILLE, Tenn. — There are nearly 1,300 people serving life sentences in Tennessee. 

According to records from the Tennessee Department of Corrections, over half of those offenders were 25 years old or younger when they were charged. Of these people, 72% are Black. Only 17% of the state's population is Black.

Life sentences are a little different than what most people think of them as. It doesn't always mean inmates will be incarcerated until they die. There are a few forms of life sentences in Tennessee.

The first is called 'imprisonment for life.' This type of sentence can be given to offenders who, after much intervention and years of programming, could someday reform their lives. After the time of their sentence is up, they can go before a judge and be considered for parole, depending on their behavior and development within the correctional facility.

The second form is called 'imprisonment for life without the possibility of parole.' Meaning, the individual will not leave prison.

Tennessee is also a Capital Punishment state, allowing the death sentence for some people convicted of severe crimes. However, there is a group of prison reform advocates that are drawing attention to some of those sentencing laws.

Jeannie Alexander is the executive director of No Exceptions Prison Collective. She said her group has been trying to bring attention to problems for several years.

"The vast majority of these people were young when they went in. Most are under 25," Alexander said. " At this point, many people are in their 40s, and they say they're definitely not the same person that committed that horrible crime. Just like you, or me, or anyone else — hopefully, we change and we evolve, and we grow."

Alexander served as the Head Chaplain at Riverbend Maximum Security Institution for around 3 years until September 2014. She learned about many of these incarcerated individuals on a personal level.

"The majority of these people that I was working with, I wouldn't hesitate to have them as a neighbor," Alexander said.

A life sentence is 51 years. After 51 years, the person is eligible to appeal in front of a judge for parole. However, due to Tennessee's Truth in Sentencing Laws, many won't see a judge until after a full 51 years, even on their best behavior.

They did not always need to spend so much time in prison. The length of a life sentence doubled in 1995. It used to be 25 years, and then inmates could have the opportunity for parole.

"If you committed your crime on June the 28th 1995, you received one sentence, and if you committed a crime on July 2nd 1995, then it was doubled," Alexander said.

She believes that people should pay time for their crimes.

"Of course, people have to be held accountable. There's no doubt about that. But there is a restorative way to do that," Alexander said.

Alexander advocates for reversing the life sentencing back to 25 years. She's not alone.

A bill, SB0561, was introduced in the Tennessee Senate by Senator Janice Bowling. Then, it was sponsored by Rep. Dan Howell in the Tennessee House of Representatives.

This bill would change the portion of a person's sentence for first-degree murder that must be served prior to becoming eligible for parole to 60 percent of 60 years if they are sentenced to imprisonment for life for something committed during certain dates or 100 percent of 60 years if sentenced to imprisonment for life without the possibility of parole.

However, it hasn't been all smooth sailing for this bill. 

"Our conversations with legislators behind closed doors, let us know that the majority of folks that we're talking to believe in this as a policy, they understand it's the right thing to do," Alexander said.

However, getting it to go through an official policy change has been difficult, and may not happen. HB1532 has been taken off notice in the House. 

Howell, the representative who presented the bill said it was "in light of other reform bills currently moving forward in the legislature."

Howell believes the Tennessee justice system needs reform; however, he wasn't confident this bill was the best way to achieve it.

"After careful consideration and counsel with district attorneys, judges, victims and other stakeholders across our state, I have decided not to move forward with House Bill 1532. I don’t think the victims of violent crimes will be best served by this legislation," he said in a statement.

Howell continued to say he is encouraged by other proposals that could rewrite and reform existing ranges in our criminal sentencing code.

Representative Michael Curcio signed onto HB1532 as a co-sponsor. His reason behind doing so was to adjust the way Tennessee prosecutes people moving forward.

"By reforming this piece of our criminal justice system, I contend that more people who deserve a sentence of imprisonment for life without the possibility of parole or even a death sentence will get one, and only those who show signs of redemption will be allowed a shot at what should be reserved only for them," he said.

Curcio also made an argument for the length of the imprisonment compared with the average lifespan of a person who is incarcerated.

According to data obtained by TDOC, there is a relationship between incarceration and life expectancy. The average age of death for a TDOC inmate is 24 years less than for other Tennesseans. Moreover, the life expectancy of an inmate serving a life sentence in prison is only 59 years.

"I don't highlight this to elicit sympathy for those that commit violent acts," Curcio said.

He said he just wants to bring attention to the opportunity for reformative justice. As Howell mentioned, there was pushback from victims' families about the bill. However, not every victim's family feels that way.

Rafiah McCormick is an example. She is the mother of Rodney Armstrong. He was shot and killed in his own backyard, during a pool party.

"I woke up to the gunshots," McCormick said. "One of his guests had a gun and he used it to solve an argument."

Rodney was 29 years old when he died.

"He was my firstborn son and his legacy lives on in all of us," McCormick said.

It has been 18 months since his death. In that time, McCormick has started her journey toward healing. Part of that process has been giving grace, she said.

"Forgiveness is not for the person. Forgiveness is for yourself," McCormick said. "To be able to say that you forgive the person that took your child's life is a very tall mountain to climb ... But you can try to understand and be able to look at these young people that have got into situations that they should not have gotten into."

McCormick said she has given a lot of grace to the man who shot her son. She even hopes he can be released someday and share his experience to discourage violence among youth.

"If the young man that killed my son, once he's released in society, can save even five or ten other people from committing a crime, or being a victim, then that was worth my sacrifice," McCormick said.

Even though the bill has been taken off notice, she is still advocating for reform.

"These young adults are not going to get out until they're 70 years old. I'm 50 years old. Am I the same person I was when I was 25? No. I'm not even the same person I was when I was 30. And I think most of us can say that," McCormick said.

However, she does understand why some people may not support the bill — justice looks different to everyone.

"The victims who are still in in the space of pain — and they're warranted to have that pain — but in the end, we need to look at our feelings of justice," McCormick said. "What does justice look like? Is it sentencing out of anger and revenge? Or is it actually out of correction, which is supposed to be why they're in a corrective facility? "

McCormick said it's all about balance.

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