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District Attorney's Response 1

District Attorney's Response 1

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Published by myfoxmemphis

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Published by: myfoxmemphis on Jan 04, 2012
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01/04/2012

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I am in receipt of your email regarding Mr. Fleming's prior criminal history and status in Fayette County. CMC stands for Corrections Management Corporation, which is a private entitythat provides intensive supervision for eligible defendants placedby the Court on "Community Corrections", or house arrest, as asentencing alternative to incarceration. This intensive form of supervised probation is a heightened form of release into thecommunity by which statutorily eligible offenders are closelymonitored by CMC officers, and includes house arrest,employment, drug testing, and fines and restitution paymentschedule requirements. As you may be aware, despite Mr.Fleming's CMC release status, he has new pending charges inFayette County, as well as those in Mississippi, and my office hasnow asked the Court to call his existing bond, revoke his CMCprobation, and has issued a new warrant for his arrest.I am just as frustrated as you at the fact that, despite beingfound guilty of multiple violent offenses, Mr. Fleming was able tobe released back into the community after serving about 1 year of a multiple year sentence on those felonies. However, pleaseknow that Tennessee law allows for the same, and in some casespresumes and requires that Judges grant such relief for eligibleoffenders, who have little or no prior criminal history at the time.Each of the felonies that Mr. Fleming was convicted of are whatwe call "30% crimes", as opposed to 100% crimes. What thatmeans is that 8 years doesn't really mean 8 years. It means thatthe sentence is 8 years, to be served at 30% before releaseeligibility, with a presumption and preference of supervisedprobation or CMC supervision on community corrections. That isthe way the law is written, and judges and prosecutors mustabide by it and enforce it as it is in the statute. We don't like it or agree with it, but the law is written that way to deal with andalleviate the problem of prison overcrowding, and limited prisonbeds and funding to incarcerate all felons for the full length of their sentence in the Department of Corrections. That is why I,along with other DAs, Chiefs of Police, and Sheriffs across thestate, are constantly lobbying our State Representatives andSenators in the General Assembly to increase sentencing ranges

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