Lawmakers pass bill to forbid judges from sterilizing inmates in exchange for reduced jail time

Tennessee lawmakers want to bar judges from using sterilization as a bargaining chip when sentencing offenders.

Some legal advocates, including the ACLU of Tennessee, say the practice is already unconstitutional. But the Tennessee House and Senate have agreed it should be explicitly forbidden in state law.

The House voted on Tuesday to approve a bill that would forbid judges from approving a sentence "that is based in whole or in part on the defendant’s consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services."

The Senate approved the bill in March.

The issue surged into the spotlight last year after news broke that White County Judge Sam Benningfield agreed to let inmates out of jail 30 days early if they got procedures to prevent them from having children — vasectomies for men or birth control implants for women.

Benningfield was reprimanded by the Tennessee Board of Judicial Conduct after he issued his order. Multiple lawsuits have been filed challenging the deals.

Nashville attorney Daniel Horwitz said the bill would defang arguments that such deals are allowed under state law.

"This new law is very beneficial because it makes clear that it's not even conceivably permissible under state law," Horwitz said. "This provides another mechanism to get the program terminated."

► More: Lawsuit: Tennessee county operated 'eugenics scheme' on inmates

Rep. Raumesh Akbari, D-Memphis, who sponsored the bill in the House, said she was pleased that a wide margin of lawmakers agreed to keep birth control out of sentencing decisions.

"Not only is it likely unconstitutional to offer temporary or permanent sterilization as a means to reduce someone’s sentence, but it’s also immoral," she said in an email. "Because of this bipartisan legislation, a judicial officer will no longer be able to offer this option."

Sen. Brian Kelsey, R-Germantown, sponsored the bill in the Senate. Rep. Brenda Gilmore and Sen. Jeff Yarbro, both Nashville Democrats, sponsored similar bills of their own, but ultimately supported this one.

A spokeswoman for Gov. Bill Haslam said he "deferred to the will of the legislature on this bill as amended." She added that Haslam would review the bill when it was sent to his office.

Reach Adam Tamburin at atamburin@tennessean.com and 615-726-5986. Follow him on Twitter @tamburintweets.