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Supreme Court Orders Judges to Plan for Jail Reductions

A new order from the Tennessee Supreme Court directs judges to submit a plan to reduce jail populations as a way to stop the spread of coronavirus.

The new order came Wednesday as the court extended its March 20th order mandating all courts stay open but suspend most in-person proceedings through April 30th. The previous order asked judges to work with others in the judicial system to make inmate reduction when possible. The new mandate orders them to make a  plan.

“Reduction in local jail populations is a critical component in controlling the spread of COVID-19,” Chief Justice Jeff Bivins said. “There are low-risk, non-violent offenders who can safely be released and supervised by other means to reduce local jail populations. Judges, law enforcement, and attorneys must work together to identify and create an action plan to address this issue.”

The order does come with a list of exceptions. Some cases will proceed, for example, to protect constitutional rights of criminal defendants. Proceedings will also continue in matters related to child safety, emergency mental health orders, those directly related to coronavirus, and more.

The order applies to state and local Tennessee courts, including appellate, trial, general sessions, juvenile, and municipal courts. The court strongly encourages court proceedings to continue by phone, video, teleconferencing, email, and other means that do not involve human contact.

“Judges from around the state and the technology team at the Administrative Office of the Courts hit the ground running March 13th when it came to finding and utilizing technology in courtrooms to keep court proceedings moving,” Bivins said. “Through the AOC court security grants, approximately 30 video arraignment systems have been installed over the past two years and judges are also using WebEx, Zoom, Skype, and other tools to hold hearings and meetings.

Tennessee judges have proven to be innovative problem-solvers when needed. The court greatly appreciates the flexibility and accommodations shown by all in the legal system, including court clerks, attorneys, court staff, and law enforcement personnel.”

The order came after criminal justice reform advocates urged the court to release many incarcerated in Tennessee’s jails and prisons.

Read the court’s order here:
[pdf-1]

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News The Fly-By

On Camera

CREDIT: Monitor: Jose Manuel Gelpi Diaz | dreamstime.com; Inmate: Lou Oates | dreamstime.com

In the movies, prison visits often end as visitors and inmates place their palms on either side of a glass panel separating convicts from the public. But as of last month, male inmates at the Shelby County Jail are no longer able to get so close to loved ones.

These days, jail visitors talk to inmates through a computer monitor. Thirty video visitation stations have been installed in housing units at the 201 Poplar facility, and another 31 will be operational soon.

Using the old system, inmates had to be transported down several floors to the visitation area. The new stations are installed on each floor.

“As opposed to moving inmates a few floors, now they can move a few steps to talk on a computer monitor that connects them instantly to a family member or attorney,” says Steve Shular, a spokesperson for the Shelby County Sheriff’s Office.

Shular says the decision to switch to video stations was primarily a safety issue.

“Every time you take an inmate out of a cell and move him off the floor, that movement creates a potential safety issue,” Shular says.

Visitors will continue to use the old visitation area to view inmates on computer screens. But Shular says the department hopes to eventually install monitors in other public places.

“In the future, people might even be able to go to a public library and visit with an inmate through a video station,” Shular says. “That’s especially important for people with elderly family members who cannot get to the jail.”

Stations have already been installed at the Shelby County Public Defender’s Office so attorneys can have a direct link with their clients while avoiding jail security measures. And plans are in the works to have cameras installed inside courtrooms, allowing inmates to be arraigned without ever leaving the jail.

The $700,000 system was installed with money generated from inmate telephone calls. When an inmate places collect calls to friends and family, the receiver is charged $1.50 for a 15-minute block of time. That money goes into a county general fund that can be used for jail improvement projects.

Female inmates will still conduct visits the old-fashioned way, however. Their facility at Jail East, which was built in 1999, was designed in such a way that inmates can easily be moved to visitation areas.

“Other jails and prison systems around the country have used these video systems,” Shular says. “We thought it was vitally important to get up-to-speed on the new industry standard.”

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Starkville, Mississippi, Pardons Johnny Cash

Johnny Cash spent a night incarcerated in the Oktibbeha County, Mississippi, jail in 1965. That event inspired his song “Starkville City Jail.”

In Starkville to perform at Mississippi State University, Cash was picked up for being drunk in public, though the song claims he was only pickin’ flowers. He later performed the song for long-term inmates of a correctional facility at his famous concert at San Quentin prison in California.

Robbie Ward circulated a petition among his fellow Starkville residents, and collected 500 signatures endorsing a pardon for Cash. (If your publicity stunt-o-meter is going off, you’ll feel vindicated when you learn that Ward is the executive director of the Flower Pickin’ Festival, scheduled November 2-4 in Starkville.)

Mississippian, and occasional wearer of black Marty Stuart has agreed to headline the festival.

Read more about the festival.

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News The Fly-By

Q&A:

Andy Warhol once said everyone will be world-famous for 15 minutes. Most people are still waiting, but 25-year-old Anna Clifford-Fletcher got her 15 minutes earlier this month when her mug shot appeared on national newscasts and Web sites.

The photo, which featured her bleached-blonde Mohawk, was taken at Jail East after her arrest on March 12th. She was pulled over in her Chevy Cavalier shortly after leaving a Midtown bar. Then she blew a .10 in a Breathalyzer test (.02 above the legal limit). — by Bianca Phillips


Flyer: Were you upset that everybody saw your mug shot?

Clifford-Fletcher: Not really. I guess it’s kind of cool. It’s just weird. Everybody in the world knows now that I have a Mohawk and I got a DUI. They don’t know that I wander around the city homeless. I worked out in Bartlett [at the time of my arrest] but now I don’t have a car, so I lost my job. My kids live out in Collierville with my ex-husband’s parents, so I can’t go see them.


Where do you stay?

Right now, I sleep at [a bar on the Highland strip], and I live with different friends. I stay with my mom sometimes.


What happened March 11th?

I was staying with a friend who lives two turns away from Murphy’s. He left the bar early and I thought, I’m not that drunk. Sure enough, I got pulled over. I probably could have walked.


Were you swerving?

I didn’t think I was driving crazy or anything. I guess it could have been my hair.


It was reportedly sticking through the sunroof.

I don’t have a sunroof, but for some reason, the cop said my hair was sticking through a sunroof. I drive with my head turned to one side.


What was jail like?

Well, it was jail. I still had my hair up but no one really messed with me about it. They were just like, “How do you do that?”


Have you measured the Mohawk?

It’s around 12 inches. I’m 5’2″ so it makes me over six feet tall. I like it at this length, but I’m thinking about cutting it a couple of inches. When the wind blows or people mess with it, it pulls on my head.

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News The Fly-By

Jail Break

For many prisoners in Shelby County, jail can be like drugs. Once they’ve been locked up, it’s a hard habit to kick.

About 85 percent of the people processed through the Shelby County Jail are arrested again within three years of their release.

But the county’s hoping to reduce those figures through a pilot program projected to begin in December. By providing mandatory incentives to prisoners, such as employment services, addiction counseling, and literacy training, county officials hope to reduce the recidivism rate.

“We’re doing a good job of locking people up, but they have a discouraging profile,” said Sheriff Mark Lutrell. “The majority of prisoners are young black men, aged 18 to 26. Many aren’t above a fifth-grade reading level, and many are illiterate.”

Currently, services such as basic education, drug-abuse programs, and anger management are offered, but attendance is voluntary.

The test program will break selected medium-security-level inmates into three groups. The first group will serve as the control group, and though services won’t be mandatory, they will be marketed more heavily.

Inmates in the second group will receive a case manager who will assess their individual needs and assign them to applicable services.

“The case manager will even work with inmates post-release to prevent them from reverting back to old behavior,” said Sybille Noble, the current project manager.

The third group will mirror the second group, but they will receive additional services in literacy training provided by faculty from the University of Memphis.

“We’re hopeful we’ll know in a year after release how stable their situation is,” said Noble. “If they’re working and going to church, that should be able to help us determine if they’ll be back [behind bars].”

Test-group members will also have some post-release incentives, such as housing and employment assistance.

“There’s a lot of factors [affecting recidivism], but it comes down to the negative environment some of these inmates face after release,” said Noble. “Some don’t have a good home life. Some don’t even have a home life.”

The $1.5 million program is part of Operation Safe Community, a countywide initiative to reduce crime by 2010.