BILL ANALYSIS S.B. 40 By: Bivins (Gallego) 05-02-95 Committee Report (Unamended) BACKGROUND Orchiectomy (castration) inhibits the production of testosterone, which has been linked to both aggression and sexual impulse. Currently, in the United States, where incarcerations, therapy, and counseling are used, about 50 percent of all sex offenders are rearrested, although the actual rate may be different because non-reported crimes cannot be accounted for. In European countries, voluntary castration has been used as method of treatment, and some studies say recidivism rates for sex offenders have been measured between 2 and 11 percent. PURPOSE The purpose of Senate Bill 40 is to authorize a repeat offender to voluntarily choose an orchiectomy as a rehabilitative measure. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 501, Government Code, by adding Sections 501.061 and 501.062, as follows: Sec. 501.061. ORCHIECTOMY FOR CERTAIN SEX OFFENDERS. (a) Authorizes a physician employed by the Department of Criminal Justice to perform an orchiectomy on an inmate only if: (1) the inmate had been convicted of an offense under Section 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal Code, and has previously been convicted of one or more of those sections; (2) the inmate is 21 years of age or older; (3) the inmate requests the procedure in writing; (4) the inmate signs a statement admitting guilt regarding the offenses described in Subsection (a)(1); (5) the inmate is evaluated and counselled preceding the procedure by a physiatrist and a psychologist who have previous experience treating sex offenders; (6) the physician receives the inmates's informed, written consent; (7) the inmate consults with a monitor as provided by Subsection (f). (b) Allows the inmate to reverse his decision at any time before the procedure is performed. (c) Requires either the psychiatrist or psychologist appointed by the department to be a member of the department medical staff or under contract to treat inmates. (d) Grants the physician who performs the procedure immunity from liability for an act or omission unless the act or omission constitutes negligence. (e) Provides that the name of an inmate who request this procedure is confidential, and the department may use the inmate's name only to notify and provide information to the inmate's spouse if the inmate is married. (f) Requires the executive director of the Texas State Board of Medical Examiners to appoint, in consultation with two or more executive directors of college or university institutes or centers for the study of medical ethics or medical humanities, a monitor to assist an inmate in his decision to have an orchiectomy. Provides that the monitor must have experience in the mental health field, in law, and in ethics. Requires the monitor to consult with the inmate to determine whether adequate information regarding the procedure has been provided to the inmate by medical professionals providing treatment or advice to the inmate; provide information regarding the procedure to the inmate if the monitor believes the inmate is not adequately informed about the procedure; determine whether the inmate is free from coercion in his decision regarding the orchiectomy; and advise the inmate to withdraw his request for an orchiectomy if the monitor determines the inmate is being coerced to have an orchiectomy. (g) Provides that a monitor appointed under Subsection (f) is not liable for damages arising from an act or omission unless the act or omission was intentional or grossly negligent. Sec. 501.062. STUDY OF RATE OF RECIDIVISM AMONG SEX OFFENDERS. (a) Requires the department to conduct a long-term study for at least 10 years after the date that an orchiectomy is performed, that measures the rate of recidivism, for inmates who undergo the procedure. (b) Requires the department, as part of the study, to provide for the psychiatric or psychological evaluation of an inmate who has undergone the procedure and who volunteers to undergo the evaluation. (c) Requires the department to submit to each legislature a report that compares the rate of recidivism of released sex offenders who have undergone the procedure to the rate of offenders who have not. (d) Authorizes the department to contract with a public or private entity to conduct the study. SECTION 2. Amends Section 3. Article 37.07, Code of Criminal Procedure, by adding Subsection (h), to prohibit the state or the defendant from offering before sentencing evidence that the defendant plans to undergo an orchiectomy. SECTION 3. Amends Section 11, Article 42.12, Code of Criminal Procedure, by adding Subsection (e), to prohibit a judge from requiring a defendant to undergo the procedure as a condition of community supervision. SECTION 4. Amends Section 8, Article 42.18, Code of Criminal Procedure, by adding Subsection (r) to prohibit a parole panel from requiring an inmate to undergo the procedure as a condition of parole or release to mandatory supervision. SECTION 5. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 40 was considered by the Committee on Corrections in a public hearing on May 2, 1995. The Chair recognized Representative Gallego to explain the bill. The Chair recognized the following person to testify in favor of the bill: Dr. William J. Winslade, representing himself. The Chair recognized the following person to testify neutrally on the bill: Carl Reynolds, representing the Texas Board of Criminal Justice. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 2 nays, 0 pnv, and 2 absent.