The Great Smoky Mountain Journal

Staff Reports

Posted: Monday, January 01, 2018 12:29 PM

White County Judge Rescinds Order Of 30-Day Reduction In Jail Times For Inmates Agreeing To Vasectomies

A judge in White County, Tennessee, rescinded his offer of a 30-day reduction in jail time for inmates who agreed to get vasectomies or birth control implants.

The ACLU released the following statement in response:

"We are pleased that Judge Benningfield rescinded his unconstitutional standing order that offered a 30-day jail credit to inmates in exchange for getting vasectomies or birth control implants. The Constitution protects people's right to choose whether and when to procreate. The judge's initial order undermined this constitutional protection because it amounted to the government coercing people not to procreate. Though the program was technically 'voluntary,' spending even a few days in jail can lead to the loss of jobs, child custody, housing and vehicles. To the individual faced with these collateral consequences of time spent behind bars, a choice between sterilization or contraception and a reduced jail sentence is not much of a choice at all. The judge's order crossed a constitutional line and we are pleased that he rescinded it."

General Sessions Judge Sam Benningfield signed the order on May 15, 2017, that allowed inmates to obtain 30 days of credit toward jail time if they chose to undergo the birth control procedure.

Judge Benningfield said he was trying to break the cycle of repeat offenders who had previously come into the court room on drug related charges and who couldn't afford to pay child support.