ACLU

Judge ends offer of reduced jail time for vasectomies, blames state Dept. of Health

White County General Sessions Court Judge Sam Benningfield has rescinded his controversial offer to reduce the jail sentences of male prisoners who get vasectomies and female prisoners who get contraceptive implants, reports WTVF-TV. He blames the state health officials for the decision.

The contraceptive procedures were offered free by the state Department of Health when the judge in May issued an order authorizing 30-days off jail times for inmates who undergo the procedures. He issued a new order rescinding the offer for new inmates, saying officials have advised him the department “will no longer offer free vasectomies… and will not provide the free Nexplanon implant” to White County inmates who get a sentence reduction.

The judge said in his order that those who had already signed up – at least 32 women and 38 men, according to an earlier report — will still get the 30-day sentence reduction without going through the procedures. The order says these inmates have “demonstrated to the court their desire to improve their situations and take serious and considered steps toward their rehabilitation.”

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TN judge reducing sentences of jail inmates who get vasectomies or anti-pregnancy implants

General Sessions Judge Sam Benningfield of Sparta has authorized 30-day sentence reductions for male inmates at the White County Jail who agree to free vasectomies in White County and women who agree to receive free Nexplanon implants, which prevent pregnancies for up to four years.

WTVF TV in Nashville, which first reported on the judge’s order, signed in May, says 32 women and 38 men have since signed up for the procedures and the accompanying sentence reduction.

“I understand it won’t be entirely successful but if you reach two or three people, maybe that’s two or three kids not being born under the influence of drugs. I see it as a win, win,” (Benningfield) added.

Inmates in the White County jail were also given two days credit toward their jail sentence if they complete a State of Tennessee, Department of Health Neonatal Syndrome Education Program. The class aimed to educate those who are incarcerated about the dangers of having children while under the influence of drugs.

Hedy Weinberg, executive director of the American Civil Liberties Union in Tennessee, says the “coerced contraception” program is unconstitutional.

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ACLU, refugee support groups seek to intervene in legislature-launched lawsuit

News release from American Civil Liberties Union

JACKSON, Tenn. — Groups serving Tennessee refugees are taking legal action against the state legislature’s efforts to block refugee resettlement.

State lawmakers who oppose refugee resettlement sued the federal government in March, contending that the federal refugee resettlement program improperly impinges on state sovereignty. The Tennessee attorney general previously declined to file the suit, concluding it would likely lose in court.

The American Civil Liberties Union and ACLU of Tennessee represent the Tennessee Immigrant and Refugee Rights Coalition, Bridge Refugee Services Inc., and the Nashville International Center for Empowerment, which are seeking to intervene in the case to defend refugee resettlement in Tennessee. The groups also filed legal arguments explaining why the General Assembly’s lawsuit should be thrown out.

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ACLU wins first round in TN juvenile jailing lawsuit

News release from American Civil Liberties Union of Tennessee

NASHVILLE, Tenn. – A federal judge today granted a preliminary injunction in an American Civil Liberties Union of Tennessee lawsuit challenging the use of solitary confinement for juveniles. The injunction prohibits the county from subjecting children in its detention facility to solitary confinement as punishment while the case proceeds.

The lawsuit was originally filed on behalf of a 15-year-old pretrial detainee who was held in solitary confinement for five days at the Rutherford County Juvenile Detention Facility. It is now a class action seeking to end the practice of solitary confinement for all juveniles in the Rutherford County Juvenile Detention Facility.

“Being locked in a concrete cell alone for 23 hours a day with nothing but a mattress and a toilet can create lasting damage for a young person’s psychological, social and physical development,” said ACLU-TN cooperating attorney Mark J. Downton of Downton Clark, PLLC. “We are pleased that the court has recognized that subjecting young people to solitary confinement for disciplinary purposes is inhumane.”

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Former Knoxville News Sentinel capitol bureau chief Tom Humphrey writes about Tennessee politics, government, and legislative news.

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