BILL ANALYSIS S.B. 40 By: Bivins Health and Human Services 03-01-95 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 incarceration, 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 a method of treatment, and some studies say recidivism rates for sex offenders have been measured between 2 and 11 percent. PURPOSE As Proposed, S.B. 40 authorizes a repeat sex offender to voluntarily choose an orchiectomy as a rehabilitative measure. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 501B, 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 (department) to perform an orchiectomy on an inmate only if: (1) the inmate has 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 offenses described in Subsection (a)(1); (5) the spouse provides written consent, if the inmate is married; (6) the inmate is evaluated and counselled preceding the procedure by a psychiatrist and a psychologist who have previous experience treating sex offenders; (7) the physician receives the inmate's informed, written consent. (b) Authorizes the inmate to reverse the 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) Prohibits the department from releasing the inmate's name other than to notify the inmate's spouse if the inmate is married. 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 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 and psychological evaluation of inmates who undergo the procedure. (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.