Tennessee Moves to Expand Preventative Detention: Voters to Decide in NOV 2026
By Michael Whitlock, Executive Vice President - Bail Division Article I, Section 15 of the Tennessee Constitution states: "That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident and the presumption great." This language has been part of Tennessee law since 1870, when the state adopted its third and current constitution. It has served the people of Tennessee for more than 150 years — but that stability could end in 2026. The Tennessee Legislature has passed SJR0025, a resolution proposing to amend Article I, Section 15 to expand the categories of offenses for which bail may be denied. The amendment will be placed before voters in the November 3, 2026, general election. If approved, individuals charged with violent offenses — including second degree…