Walley Wrap: Senator Walley: Part 2 of the 2023 Legislative Preview

By State Senator Page Walley

We are preparing for a busy 2023 Legislative Session in Nashville where we will address a variety of important issues facing Tennesseans. Last week, I previewed Tennessee’s strong financial position. This second part of our 2023 legislative session preview is an overview of issues expected to be considered by my colleagues and me regarding the Department of Children’s Services, juvenile justice and crime prevention.

DEPARTMENT OF CHILDREN’S SERVICES

A top issue of the 2023 legislative agenda will be improving services, facilities, and record-keeping technology at the Department of Children’s Services (DCS), which is facing considerable challenges with staffing shortages and housing facility needs. An audit by the Tennessee Comptroller found that “the safety, permanency, and well-being of Tennessee’s most vulnerable children is in jeopardy” by the department’s failure to address ongoing needs. The three main findings of the audit were issues with staffing, child placement, and repeat historical audit findings. DCS has requested a $156 million budget increase for the 2023/2024 fiscal year to increase salaries for DCS case managers; update the Tennessee Family and Child Tracking System (TFACTS); and improve foster care, residential services, prevention services, and adoption services.

JUVENILE JUSTICE

Following allegations of abuse and ongoing insufficient resources and facilities at the Wilder Youth Development Center, the Senate and House speakers formed the Joint Ad Hoc Committee on Juvenile Justice, which I am co-chairing, to examine the specific challenges at the Wilder Youth Development Center and the broader juvenile justice system in Tennessee. We met throughout the summer and fall in 2022 and heard from various state agencies and will be recommending a package of legislation to improve the Wilder Youth Development Center as well as address specific shortfalls at DCS. 

Some of the legislation we will be proposing includes the following:

Wilder Youth Development Center Improvements– In the General Assembly we will consider various improvements to the Wilder Youth Development Center including increasing pay and improving training for Youth Services Officers (YSO) and expanding hardware secure bed capacity to keep high needs youth and Wilder staff safe.

DCS Prevention Grants – With the number of juveniles in DCS custody steadily increasing, it is becoming more important than ever to focus resources on preventing children from entering state custody. We will look at various ways to improve prevention services, including funding additional evidence-based DCS prevention grants that can provide after school care, curfew checks, school attendance checks, and mental health care. Tennessee currently has two prevention programs with over a 90% success rate. The programs serve 55 youth per year in East and West Tennessee.

Juvenile Step-Down Services – In order to incentivize good behavior among juveniles, we may look into working with DCS on compliance programming as a way for juveniles to step down from secure facilities into more freedom and a homelike setting.

24/7 Mental Health Services –We will consider providing 24/7 clinical mental health treatment services at DCS youth development centers.  

Expansion of incorrigible designation – In the General Assembly we will likely review legislation that lowers the age eligible for an incorrigible designation from 18 to 17 years old. This would allow superintendents at Wilder and other youth development centers to transfer extremely uncooperative and violent 17-year-olds to Department of Corrections facilities.

Data Sharing Among Juvenile Courts – My colleagues and I may consider legislation that would allow confidential juvenile records to be shared among juvenile court judges across the state, so judges can have a full picture of a juvenile’s record. Each court has its own system making it challenging to gather data on juveniles such as which programs and services a juvenile has received, how many adjudications they have had, and what has been successful and unsuccessful.

Juvenile Justice Advisory Committee – Legislation to create a Juvenile Justice Advisory Committee with the Tennessee Commission on Children and Youth will be considered by the General Assembly. The Advisory Committee would regularly review juvenile justice cases and incidents and provide an annual report and recommendations to the General Assembly. It would be modeled after the Second Look Commission which reviews severe child abuse cases.

CRIME PREVENTION

Supporting our law enforcement and keeping dangerous criminals off the streets continue to be priorities for me and our legislature. In 2023, we will continue our efforts to be tough on crime, particularly in light of the September 2022 Memphis murders which were committed by two criminals released early from their prison sentences.

Among the topics we will address is a possible expansion of the 2022 Truth in Sentencing law, which I supported last session, that requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release. This year, we may consider strengthening that law to close loopholes and add offenses required to serve 100% of their sentences.

Next week, I will continue to preview issues upcoming in 2023 legislative session. As always, thank you for allowing me to serve you. Please contact me at sen.page.walley@capitol.tn.gov or (615) 741-2368 with any questions or concerns you might have and if our office could serve you better.

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