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.
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.
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