PROBLEM STATEMENTS:

(a) Juveniles should never be the target for filling jails and prisons. Being poor, unhoused, misguided, drug-afflicted, and separated from families should not be a conduit for going to jail or prison.

(b) Heavily focused on criminalization instead of diversion, therapeutic rehabilitation, and keeping youth out of state custody.

(b) To get ahead of the juvenile trend of crime, as the next Governor of the State of Tennessee, I will focus on the underline problems that drive crime such as juvenile detention, such as poverty, lack of parenting control, drug usage, gang affiliations, disinvestment in poor neighborhoods, school inequities, teacher's biases regarding black boy's behavior, lack of mentorship, feeling of hopelessness, mental illness, society bias norms, systemic racism, and disparities in criminal and judicial decisions.

(c) Juvenile court disparities refer to the disproportionately higher rates of arrest, formal court processing, and incarceration experienced by youth of color compared to their white peers, despite similar rates of misbehavior. Black youth are nearly six times as likely to be incarcerated as white youth.

(d) As the next potential Governor of the State of Tennessee, I will be the nucleus to bringing juveniles back into the fold of childhood balance of living in a progressive criminal environment that sometimes deprives them of their childhood experiences because of adult decisions made for the love of guns, money, and control.

(e) Rebuilding youth detention and new juvenile detention center: The State Building Commission’s executive subcommittee authorized the use of a construction manager/general contractor for designing and setting a guaranteed price to build new Woodland Hills and John S. Wilder youth detention centers in Nashville and Fayette County. The projects are budgeted at a total of $333.3 million. These funds could better be used for preventive and intervention approaches. Ironically, the Governor would withhold $730 million in Temporary Assistance for Needy Families (TANF) funds but allocated $333.3 million to lock up juveniles in Tennessee.

(f) Those projects are moving ahead even as the state is caught in a lawsuit filed by Disability Rights Tennessee against the state, the Department of Children’s Services and the commissioners of DCS and the Department of Education in June 2024, alleging they are illegally and unconstitutionally warehousing kids with disabilities in prison-like facilities. A separate lawsuit filed in November 2023 targets Wilder detention center over the treatment of two youths who were allegedly injured in assaults by inmates and staff.

The Cultural Funnel of Biased Actions

Disparities do not only happen in the courtroom; they build up at every stage of the justice pipeline:

• Arrest: Even though research shows few differences in offense rates across demographics, Black and Tribal youth are arrested at significantly higher rates than white youth.

• Diversion: White youth referred to juvenile courts are diverted away from formal prosecution 50% of the time, compared to a diversion rate of only 39% for Black youth and 38% for Tribal youth.

• Sentencing: White youth are more frequently offered alternatives to incarceration (such as community service or treatment programs), whereas youth of color face stiffer, formal penalties.

Systemic Drivers

• Broad Discretion: System actors, including police officers, school administrators, and juvenile probation officers, have high levels of discretion, allowing implicit biases and subjective judgments to influence who receives a warning and who is sent to court.

• School Disparities: "Zero-tolerance" policies and the presence of school resource officers disproportionately push students of color into the justice system for minor infractions (often termed the "school-to-prison pipeline").

• Socioeconomic Factors: Youth of color are more likely to live in under-resourced, heavily policed neighborhoods, where common adolescent behaviors are more likely to result in police contact.

When it comes to Black children in the juvenile justice system, most politicians in the State of Tennessee have turned a blind eye to the mental and social atrocities these children face. With the discriminatory mindset of District Attorneys across the State of Tennessee, many of these children find themselves being treated as adults in the court system.

In the State of Tennessee, we must recruit and solicit District Attorneys that possess cultural sensitivity and a sense of fairness to dispel their antiquated mindset regarding minority children.

In response to significant racial and ethnic disparities present at all stages in the juvenile justice process, our Juvenile Court Disparities Plan would implement reforms to make the system more equitable. Our modality for effective change will include:

• Forming working groups composed of juvenile justice professionals and diverse community partners to address existing racial and ethnic disparities. All stakeholders will be at the table of discussions, which will be community-driven.

• Using regular data-driven collection and analysis at each decision point in the juvenile justice process to guide future efforts at diminishing those disparities.

• Ensuring that race and ethnicity are distinguished from each other in youth surveys for accurate data analysis.

• Developing more community-based diversion pathways and alternatives to detention.

• Enhancing culturally/linguistically competent programs and services for youth at each stage of the justice process.

• Lay out a holistic plan for youth involved with the juvenile justice system who have mental health and/or substance use disorders. These typically affect their academic performance, behavior, and relationships with peers and adults.

• Targeted trainings for juvenile correctional facility professionals regarding mental health screening and treatment referrals would point more youth toward the necessary treatment for their unique needs. Particularly, mental health diversion initiatives and Cognitive Behavioral Therapy (CBT), which help patients adjust their thinking and behavior patterns, have shown positive results in reducing delinquency and recidivism among justice-involved youth.

• JUVENILE COURT DISPARTIES PLAN (JCDP) toolkit includes evidence- and research-based practices, tools, and resources that educators, families, facilities, and community agencies can use to better support and improve the long-term outcomes for youth with disabilities in juvenile correctional facilities. The toolkit focuses on four key areas of juvenile corrections: facility-wide practices, educational practices, transition and re-entry practices, and community and interagency practices.

As the next Governor, I would develop a holistic, comprehensive plan for raising awareness of disproportionate contact of minority youth with the juvenile justice system and promote the best practices and policies to eradicate the problem of overrepresentation in the juvenile justice system.

THE INVESTIGATION THAT OPENED THE INSIGHT TO MISTREATMENT OF JUVENILES

The April 2012 Department of Justice Investigation Finding is unforgettable. That is when federal investigators determined that the Shelby County juvenile court system discriminated against African-American defendants was deplorable.

The Justice Department said the system punished Black children more harshly than whites. In the most incendiary finding, investigators said the court detained Black children and sent them to be tried in the adult system twice as often as whites.

The finding came after a three-year investigation, but not everyone in the Shelby County court system buys it. “I said I’ve been here a long time. I’ve never seen any evidence of that happening,” says Judge Curtis Person. He has led the Shelby County juvenile court in Memphis for the past eight years and steadfastly denies allegations of discrimination.

This is the problem, and that is one of the reasons that, as the next potential Governor, I would launch a political and judicial investigation across the State of Tennessee.

Historically, in Shelby County, nine thousand children face delinquency charges in the red-brick juvenile courthouse each year. Many are handled outside of court, but around 3,000 are prosecuted by the district attorney’s office. Lawyers say about 90 percent of those prosecuted are poor and black.

Former Shelby County public defender Stephen Bush said he worried about the lack of mental health services and other ways to rehabilitate children in the system. Sadly, this behavior is still going on in the Shelby County Juvenile Court System today.

Atwater's Goal and Strategies

(a) Focus on preventive and intervention measures regarding juveniles. Tennessee is planning to build a juvenile detainment facility for pre-adjudication in West Tennessee even as it spends hundreds of millions reconstructing two facilities, all while the state is mired in a lawsuit alleging mistreatment of youth offenders.

(b) As the next potential Governor of the State of Tennessee, I will focus on sustaining dignity in these young people's lives. Youth who are adjudicated delinquent and committed to state custody by the juvenile court judge are placed in a variety of settings where the department can begin to address these youths’ needs. Many of the youth have been victims of trauma, abuse, and neglect themselves.

(c) Reevaluate the notion of new construction of a detention center on a Madison County site being purchased next to Jackson’s criminal justice center where minors would be held until their cases go through juvenile courts across the western part of the state. The facility could cost $45 million to $55 million. Focus on alternative plans such as youth empowerment centers, workforce development programs, trade schools, AI educational facilities, and CDL training.

(d) Reevaluate the report by the Tennessee Advisory Commission on Intergovernmental Relations, which is expected to be finished in January 2026.

(e) Juvenile offenders should never be housed within hearing or eyesight of adult offenders in county jails or prisons.

(f) As the next potential Governor of the State of Tennessee, I would take steps to address poverty, gang affiliations, conflict resolution, drug usage, Adverse Community Experiences (ACEs), economic disparities, and raise minimum wages to keep teens from committing crimes, concentrating on mental health treatment and rehabilitating those who get into trouble.

(g) I would work with the Tennessee Legislators to change the mindset of creating criminals instead of preventing them. Tennessee needs future leaders and workers to sustain our state instead of mass housing of juveniles. Criminalizing juveniles with undeveloped brains is not the solution to building a better Tennessee. My mission is to "Make Tennessee Whole Again," and that includes misguided juveniles.

Plan of Action Protocol:

The state control and intervention plan will operate through a holistic multi-tiered framework incorporating a community-connected methodology:

1. Diversion Programs

• Purpose: Divert first-time or low-risk offenders from formal court proceedings.

• State Programs: The Tennessee Department of Mental Health and Substance Abuse Services (TDMHSAS) funds community-based interventions to prevent youth from entering DCS custody.

• Family Intervention: The Family Crisis Intervention Program (FCIP) exhausts community resources before placing unruly or neglected youth into state custody.

2. Probation & Community Supervision

• Supervision: Youth who are adjudicated delinquent may be placed on probation overseen by DCS Probation Services. A progressive system change will be implemented regarding DCS and how children are treated.

• Intensive Interventions: Programs like Juvenile Community Intervention Services will require curfews, drug screenings, school reporting, and mandatory parenting courses for guardians.

3. State Custody & Residential Care

• Placements: Youth requiring out-of-home care are placed in localized therapeutic facilities, rather than large institutions, focusing on mental health, conduct disorders, and substance abuse treatment.

4. Oversight & Compliance

• Federal Mandates: Tennessee Commission on Children and Youth (TCCY) will implement the federal Juvenile Justice and Delinquency Prevention (JJDP) Act, ensuring separation from adult offenders, deinstitutionalization of status offenders, and the reduction of racial disparities.

• Standards: All detention centers and temporary holds will be governed by the strict Minimum Standards for Juvenile Detention Centers.

Alternative Juvenile Prevention Strategy:

JUVENILE COMMUNITY INTERVENTION SERVICES ASSISTANCE (J-CISA)

Intensive Holistic Probation Program for "at risk" juvenile delinquents. This program provides the court with services such as but not limited to: home visits, school visits, office visits, drug screening, counseling, parenting, curfew monitoring & community service work. All referrals must be made through the juvenile court system. This program will serve juvenile delinquents who are repeat offenders and very close to going into state custody.

(a) Eligibility Requirements

Must be between the ages of 13 through 17 years old and have one previous delinquent conviction and one current delinquent charge. A risk assessment tool (YLS/CMI) is used to establish a risk score. Most of the juvenile offenders placed on Community Intervention Services have previously been on a local county or DCS probation and were either unsuccessful or picked up new charges.

Once placed on this program by the court the "at risk" juvenile offenders are required to be in an accredited educational setting, report to scheduled meetings, complete community service hours, pass random drug screens, pay court costs & restitution if ordered by the court, and abide by a curfew. Parents or guardians are also required to complete a ten-hour parenting course.

Most "at risk" juvenile offenders will be able to complete this program in six months. However, in some cases the court will impose a determinate sentence and order the "at risk" juvenile offender to be supervised for a longer period of time. These "at risk" juvenile offenders are seen not less than once a week the entire time they are being supervised.

State of Tennessee Curfew

Tennessee’s juvenile control strategy will be anchored by strict citywide and statewide curfews and parental accountability ordinances. Minors must adhere to the following curfew hours unless accompanied by a parent, legal guardian, or authorized responsible adult:

• Ages 15 and under: 10:00 p.m. to 6:00 a.m.

• Ages 16 and 17: 11:00 p.m. to 6:00 a.m.

Enforcement of this plan involves several specific components:

• Parental Responsibility: Parents or legal guardians are held strictly accountable for their child's noncompliance. Violating the parental responsibility ordinance results in a civil infraction ticket, with fines set at ($250) for a first offense and ($500) for repeat offenses. Under consideration after a state-wide meeting with parents and community leaders.

• Juvenile Processing: Officers detain unaccompanied minors found in public spaces during curfew hours and transport them to designated precincts or youth safe zones (such as those utilized during large events) to await parental pick-up.

• Special Event Enforcement: The Police Departments across the State of Tennessee will enforce expanded powers and increased officer presence during high-traffic weekends, summer events, and downtown gatherings. During city festivals, downtown curfews for unaccompanied minors are frequently expanded to start as early as 8:00 p.m.

The Governor and Mayors will announce they will implement a new Summer Teen Safety Violence Prevention Plan, including an increased police presence, to ensure citizens and visitors have a safe summer.

The plan includes:

• Increased Curfew enforcement / Parental responsibility

• Increased illegal block party enforcement/noise ordinance

• Increased drifting/drag racing enforcement hours

• Requested ordinance change for curfew/parental responsibility

Tennessee:

Yes, Tennessee has a statewide Child Curfew Act, though it largely delegates enforcement and exact times to local counties and municipalities. However, since you are located in Memphis, you are subject to the specific city ordinances enforced locally.

Memphis Curfew Times

• Ages 16 and younger:

  • Sunday–Thursday: 10:00 p.m. until 6:00 a.m.

  • Friday–Saturday: 11:00 p.m. until 6:00 a.m.

• Ages 17:

  • Sunday–Thursday: 11:00 p.m. until 6:00 a.m.

  • Friday–Saturday: Midnight until 6:00 a.m.

Statewide Curfew Rules

While towns and cities tailor the rules, the Tennessee Code Annotated will outline general guidelines and penalties for the state:

• Parental Liability: Parents or guardians who knowingly allow their minors to violate curfew face penalties.

• State Penalties: A violation of curfew is considered a Class C misdemeanor, and parents allowing the violation can also face charges.

• Exceptions: Minors are legally permitted to be out during curfew hours if they are accompanied by a parent/guardian, traveling directly to or from a job, engaged in an emergency, or running an errand directed by a parent.