Tennessee Governor Signs Bill Preventing Judges from Using ‘Ability to Pay’ Bail System

Bill Lee Bill Signing

Tennessee Governor Bill Lee signed a bill this week that bans judges in the state from using “ability to pay” bail systems.

“Ability to pay” bail systems are bail calculators that determine a defendant’s bail based on the amount of money immediately available to them. The system was recently implemented in Memphis.

The bill, SB 2565/HB 1719, was sponsored by State Senator Brent Taylor (R-Memphis) and State Representative John Gillespie (R-Memphis).

“Restorative Justice Schemers were using Ability to Pay when setting bail to lower bail for violent and routine offenders. In essence, bail was by how much money a defendant had in his pocket,” Taylor said in a statement on Monday.

Lee also recently signed another bill sponsored by Taylor focused on combating crime, specifically through transforming the bail system.

That bill, SB 2562/HB 1642, elevates the Safety of the Community as the first consideration when a judge sets bail for a defendant so that a defendant deemed a threat to the public would be denied bail.

Taylor said both bills signed by the governor will have a “major impact on our community’s safety and remove violent and routine offenders off our streets.”

“When I ran for the Senate, I promised that tackling violent crime would be my top priority. Upon arriving in the Senate, it became very clear how bail was set in Shelby County was a major contributor to our crime epidemic,” Taylor said.

“I won’t stop fighting to Make Memphis Matter and pass crime-fighting legislation, but I can’t do it alone…Together, we will make sure Memphis can seize its fullest potential! After all, Tennessee cannot be successful if its most famous city is not successful,” Taylor added.


Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Gov. Bill Lee” by Gov. Bill Lee.