'Sterilisation for freedom' judge reprimanded by state

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Judge Sam Benningfield
Image caption,
Judge Sam Benningfield told BBC News he was shocked by response to the programme

A Tennessee judge has been reprimanded by state regulators over his plan to offer reduced jail terms to prisoners who undergo birth control operations.

The plan called for inmates' prison sentences to be reduced by 30 days if they agreed to vasectomies or implants.

The Judicial Conduct board said Judge Sam Benningfield's order was "improper" and "could unduly coerce inmates into undergoing a surgical procedure".

The plan was rescinded in July after the judge was sued by ex-prisoners.

In a letter publicly released on Monday, the Tennessee Judicial Conduct board said that Judge Benningfield had violated rules requiring judges to "act at all times in a manner that promotes public confidence" in the judicial system.

Image source, AFP
Image caption,
A White County inmate sits in Judge Sam Benningfield's courtroom

"You have acknowledged that even though you were trying to accomplish a worthy goal in preventing the birth of substance addicted babies," the board wrote, "you now realise that this order could unduly coerce inmates into undergoing a surgical procedure which would cause at least a temporary sterilisation, and it was therefore improper".

The letter noted that the judge did not object to the reprimand.

The White County judge rescinded the order in July after the state Board of Health said they would not offer free procedures and the local district attorney campaigned against the scheme, saying his staff would not take part "in any way".

In rescinding the order, the judge announced that any prisoner who volunteered and took "serious and considered steps toward their rehabilitation" would still receive the 30-day credit.

A federal lawsuit filed in August accused the judge and White County Sheriff Oddie Shoupe of a "modern day eugenics scheme".

When the plan was first announced in May, Judge Benningfield described his goal as an attempt to break a "vicious cycle" of drug addicts having children they cannot afford.

"I hope to encourage them to take personal responsibility and give them a chance, when they do get out, to not to be burdened with children," he told WTVF-News.

"This gives them a chance to get on their feet and make something of themselves."

In August, he told BBC News that he was "surprised" by the negative reaction.

"My number one concern was about children," he said. "To me a lot of controversy got started when everybody used the word sterilisation. Because it was never about that - it was never forced."

Image caption,
"We were guinea pigs" says Deonna Tollison

Men who volunteered for the programme were to be given vasectomies and women who signed up were to receive implants of Nexplanon, which can prevent pregnancy for up to four years.

One woman who received the implant told BBC News that she now regrets her decision.

"I feel like we were guinea pigs," Deonna Tollison said. "People will do anything to get out of there."

Lawyers who are suing the county say that 42 men signed up, but the programme was cancelled before they were underwent operation.