Hamilton County bond practices are allegedly violating the law and in need of change, advocates say

Staff Photo / A van is received by a guard at the Silverdale Detention Center, since renamed the Hamilton County Jail, in 2020 in Chattanooga. Hamilton County residents discussed bail reform Tuesday night.

Many who are accused of crimes in Hamilton County are allegedly having their constitutional due process rights violated when bail is set — keeping more people in jail for longer stretches of time, advocates and a civil rights attorney said.

"The law as it's written is pretty great, but we all know that is not what is happening," Kiah Duggins, an attorney with Civil Rights Corps, said at a community meeting. "Even if you're found innocent, your whole life has been destabilized."

Nonprofit Chattanoogans in Action for Love, Equality and Benevolence hosted Duggins and other advocates Tuesday night at the Camp House to discuss navigating bail reform in Hamilton County.

Duggins has been speaking with General Sessions Judge Larry Ables, Chief Magistrate Lorrie Miller, the public defender's office and county Commissioner Warren Mackey, D-Lake Vista, about changing allegedly illegal bond practices, including not providing attorney representation when bail is set and long pretrial detention periods, she said.

Recently, a federal court in the Eastern District of Tennessee ruled defendants are entitled to certain protections prior to trial. Since Hamilton County falls within that district, Duggins and other advocates said they hope stakeholders will fall in line with the ruling without the threat of a lawsuit.

​Those accused of crimes are entitled to assistance of attorneys, a finding on whether bail is unaffordable and a barrier to release, a finding on whether the bail amount is necessary to ensure the defendant's appearance, disclosure of the evidence, and the ability to confront and cross-examine witnesses, according to the federal ruling.

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