SGN S.B. 123 75(R)BILL ANALYSIS CORRECTIONS S.B. 123 By: Bivins (Gallego) 4-28-97 Committee Report (Unamended) BACKGROUND Despite counseling and therapy efforts, a significant percentage of certain sex offenders are rearrested. Testosterone, which is known to be linked to aggression and sexual impulse, cannot be produced if an orchiectomy (castration) is performed. In European countries, voluntary castration has been used as a method of treatment and some studies indicate recidivism rates for sex offenders have been measured between 2 and 11 percent. PURPOSE As proposed, S.B. 123 authorizes voluntary orchiectomy as a treatment for repeat sex offenders. 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 or retained by the department to perform an orchiectomy on an inmate only if: (1) the inmate has been convicted of an offense under Sec. 21.11, Sec. 22.011(a)(2), or Sec. 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) a psychiatrist and a psychologist, appointed by the department, who have previous experience treating sex offenders, evaluate the inmate and determine that the inmate is a suitable candidate for the procedure; and counsel the inmate before the inmate undergoes the procedure; (6) the physician obtains the inmate's informed, written consent; (7) the inmate has not previously requested that the department perform the procedure and subsequently withdrawn the request; and (8) the inmate consults with a monitor as provided by Subsection (f).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. Provides that an inmate who withdraws his request to undergo an orchiectomy is ineligible to have the procedure performed by the department. (c) Requires either the psychiatrist or psychologist appointed by the department to be a member of the staff of a medical facility under contract with the department or the institutional division to treat inmates in the division. (d) Grants the physician who performs the procedure immunity from liability for an act or omission relating to the procedure, unless the act or omission constitutes negligence. (e) Provides that the name of an inmate who requests 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 a monitor to assist an inmate in the inmate's 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: ensure 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 orchiectomy to the inmate if the monitor believes the inmate is not adequately informed; determine whether the inmate is free from coercion in his decision to have an orchiectomy; advise the inmate to withdraw his request for the procedure if the monitor determines the inmate is being coerced to have the 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 to measure the rate of recidivism among inmates who undergo the procedure. (b) Requires the department, during the study period, with respect to each inmate who undergoes an orchiectomy and who volunteers to undergo the evaluations described in this subsection, to provide for the psychiatric or psychological evaluation of the inmate, and periodic monitoring and medical evaluation of the presence of the hormone testosterone in the inmate's body. (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) Allows 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 a defendant from offering to a judge or jury, 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 (f), to prohibit a judge from requiring a defendant to undergo an orchiectomy as a condition of community supervision. SECTION 4. Amends Section 8, Article 42.18, Code of Criminal Procedure, by adding Subsection (s), to prohibit a parole panel from requiring an inmate to undergo an orchiectomy as a condition of parole or mandatory supervision. SECTION 5. Emergency clause.