PROBLEM STATEMENTS:

Tennessee’s controversial criminal responsibility and felony murder laws, historically criticized for ensnaring accomplices in severe "guilty by association" sentences, were fundamentally reformed by Senate Bill 1170 (Public Chapter 939). The bill, which passed both chambers and became law, eliminates the blanket felony murder doctrine in the state.

What is not addressed is the racial disparity and prejudices that are ingrained in the judicial system, criminal justice system, biases of judges, and incompetencies of attorneys that sometimes cause innocent victims to serve time in correctional facilities. How do we remediate these imperfections?

(a) Disproportionate Sentencing: Under prior law, accomplices could receive the same mandatory life sentences as the actual perpetrator. Critics pointed out cases where defendants received decades in prison even more than the primary killer despite being completely unaware that a murder would occur.

(b) "Guilty by Association": The previous broad doctrine allowed prosecutors to charge individuals with murder if they were merely present during the commission of an underlying offense, even if they did not solicit, direct, or intend for a death to happen.

(c) Overly Broad Facilitation Rules: Critics, civil rights advocates, and even impacted families argued that previous statutes criminalized tangentially related actions, roping in peripheral individuals without proving they intentionally planned or meant to benefit from the crime.

As the next Governor of the State of Tennessee, I will be advocating for the Criminal Responsibility Bill.

Tennessee's proposed Criminal Responsibility legislation, notably SB1170 and HB1372 for the 2025-2026 session, seeks to significantly alter how "guilty by association" is applied by eliminating legal concepts that hold individuals responsible for the actions of others. The bill aims to restrict felony murder charges and remove criminal liability for facilitating a felony, targeting a more direct attribution of crime.

Key Aspects of the Proposed Changes (SB1170/HB1372):

• Elimination of "Conduct of Another": The bill removes provisions that make a person criminally responsible for offenses committed by someone else.

• Removal of Facilitation Liability: It eliminates criminal responsibility for aiding or facilitating a felony.

• First-Degree Murder Reform: It deletes provisions allowing first-degree murder charges for killings that occur during the commission of certain felonies (felony murder rule).

• Goal: Sponsors (Sen. Akbari, Rep. Chism) aim to align punishment with the direct intent of the individual rather than penalizing someone for a crime they did not personally commit.

Background and Context:

• Current Law: Tennessee law currently allows prosecution for "criminal responsibility for the conduct of another" if someone knowingly assists in a crime, which critics argue punishes people for murders they did not intend.

• Opposition: The Tennessee District Attorneys General Conference has opposed the changes, arguing these laws are essential for securing convictions.

• Status: The bill was delayed for summer study in 2025 and is part of the legislative discussions in early 2026.

Another, separate proposal (HB1029/SB1159) previously sought to lower the age of criminal responsibility in Tennessee from 18 to 17.

The new law overhauls these issues by explicitly stating that an individual can only be held criminally responsible for another person's actions if they acted with the intent to promote, assist, or benefit from the specific offense. It removes the automatic felony murder classification.

Atwater's Goal and Strategies:

(a) A special committee will be implemented to investigate cold cases, the improper handling of cases, overlooked evidence, and the incompetency of attorneys.

(b) Across the State of Tennessee, 15,000 cases will be considered for clemency or pardons to assist in the dismantling of CoreCivic. The overcrowding of TDOC will also be addressed.

(c) As the next potential Governor of the State of Tennessee, I will cut the prison population by 45%, focusing on prevention, intervention, rehabilitation, gang recultivation, workforce development, skills training, mental health counseling, drug counseling, conflict resolution, anger management, financial literacy, housing management, and family reconnection.

"Gang recultivation" combines community outreach and rehabilitation efforts. Provide critical intervention for at-risk youth. Integrate localized support systems that focus on mental health, education, and job placement to deter gang involvement.

The "Three R's" of gang culture are Reputation, Respect, and Retaliation. This triad forms the foundational code of conduct and survival in most street gang structures.

(d) The Tennessee Department of Correction (TDOC) houses approximately 20,000 inmates across 14 state prisons. This includes 10 state-operated facilities and four managed by private contractors.

(e) CoreCivic manages approximately 7,500 inmates across four privately operated prisons in Tennessee. This accounts for about 16% to 20% of the total state penitentiary population overseen by the Tennessee Department of Correction (TDOC).

These four CoreCivic facilities include:

• Trousdale Turner Correctional Center (Hartsville): Capacity for 2,672 inmates.

• South Central Correctional Facility (Clifton): Capacity for 1,676 inmates.

• Hardeman County Correctional Facility (Whiteville): Capacity for 1,976 inmates.

• Whiteville Correctional Facility (Whiteville): Capacity for 1,536 inmates.

(f) Implement a Prison Reform Task Force Team to monitor re-entry to society holistic plans.

(g) It is time for the State of Tennessee to look at a more humane way to address our incarceration and prison population. I will be focused on preventive, intervention, and rehabilitation methods.

(h) The Tennessee Department of Correction requested a ($13 million) increase in its latest budget to raise the total CoreCivic contract to approximately ($243 million) despite the short staffing, inhumane environments, deaths, suicides, drug problems, assaults, lack of medical treatment for inmates, and gang affiliations. Undeniably, my intention as the next potential Governor of the State of Tennessee is to dismantle CoreCivic.

• Budget Share: This annual amount represents about (15 %) of the state's total Correction Department operating budget.

• Penalties: Despite the multi-million dollar payouts, the state has levied tens of millions in liquidated damages (fines for breaches of contract, primarily for staffing shortages) against CoreCivic in recent years.

(i) Operating the Tennessee Department of Correction (TDOC) costs roughly $1.42 billion annually. This reflects the most recent operating budget, which dedicates significant funding to payroll, privately operated facilities, and community supervision across the state.

• Total Operating Budget: Approximately $1.415 billion.

• Key Expenditures: Payroll is the largest single expense (over ($578) million), followed by payments to private prison operators (over ($232) million), and payments to local governments for housing overflow inmates (over ($166) million).

• Per-Inmate Cost: The weighted average cost to house a single inmate is approximately ($62.02) per day in state facilities, and ($50.51) per day in local/county facilities.

(j) Create good-paying jobs for the formerly incarcerated to have valuable jobs to sustain themselves and their families without turning to criminal activities.

(k) Ex-felon Small Business Incubation Initiative (ESBII).

(l) Reassess mandatory restoration of voting rights after time served.

(a)Tennessee does not automatically restore voting rights upon release from prison. Regaining the right to vote is a complex, non-automatic process that requires individuals to complete their full sentence (including probation or parole) and provide official proof that they have paid all court costs, restitution, and child support.

Permanent Disqualifications

Some individuals cannot regain their voting rights at all. If you were convicted of certain permanent disqualifying felonies, you are barred from voting unless you receive an official pardon. These specific, non-restorable crimes typically include:

• Murder

• Rape

• Treason

• Voter fraud