UPDATE: A Tennessee judge has rescinded his controversial program that sought to encourage drug-dependent female and male inmates to cut their jail time by voluntarily agreeing to undergo birth control procedures.
White County General Sessions Court Judge Sam Benningfield of Sparta filed the order on Wednesday, a day before two state lawmakers asked Tennessee Attorney General Herbert Slatery to render a legal opinion on the controversial program’s constitutionality.
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ORIGINAL STORY: NASHVILLE – Tennessee Attorney General Herbert Slatery is being asked to render his legal opinion on the constitutionality of a White County judge’s controversial program that allows some inmates to buy their way to shorter jail terms through agreeing to temporary or even permanent sterilization.
State Senate Minority Leader Lee Harris, D-Memphis, and state Rep. G.A. Hardaway, D-Memphis, said Thursday they’ve formally requested Slatery to render an opinion on whether Tennessee judges have the power to impose, reduce or vary a defendant’s criminal sentence based on agreeing to give up their productive rights.