and are on life time community service, wore an ankle bracelet for several months, is attending after care treatment and doing so well his PO officer removed the bracelet based on information from the teacher of the after care program. My friend was called today and was told he had to put the bracelet back on him for life based on new laws is the legal
Criminal Defense Attorney
Until someone fights a law, it is legal. There is some good case law in TN that makes me believe that it would violate ex post facto protections. This is based on Community Supervision for Life being held to be punishment and not regulatory in nature.
Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.
Employment / Labor Attorney
Yes. These types of civil penalties are enforced across the country. Because they are considered civil, rather than criminal punishment, they do not violate the Constitution's protection against double jeopardy. You may be able to find a civil rights group interested in challenging the law, but so far there has been little success countering these civil penalties.
This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.