SENATE BILL REPORT

SB 6332

BYSenators Craswell, Owen, Thorsness, Metcalf, Smitherman, Barr, McCaslin, Newhouse, Benitz, Johnson, Anderson, Saling and Hayner

Permitting voluntary castration of sex offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 9, 1990; January 19, 1990

Majority Report:  That Substitute Senate Bill No. 6332 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Rasmussen, Thorsness.

Minority Report:  That it not be substituted.

      Signed by Senators Niemi, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  February 6, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 19, 1990

BACKGROUND:

At the present time there are no states that specifically provide for surgical castration of sex offenders.  Several European countries authorize the use of surgical castration as a form of treatment or punishment for male sex offenders.  Studies conducted in those countries report low rates of recidivism.

Washington State has a 1909 statute which provides for the sentencing option of "prevention of procreation" for persons adjudged guilty of carnal abuse, rape, or adjudged to be habitual criminals.  The only Washington case challenging this statute is State v. Feilen.  The Feilen case held that a life sentence and the order of a vasectomy was not cruel and unusual punishment for a person convicted of statutory rape.

In a recent South Carolina case, a judge sentenced three rapists to 30 years in prison, but gave them the option of a suspended sentence with five years probation if they agreed to be surgically castrated.  Two of the defendants appealed the sentence as being cruel and unusual punishment.  The third defendant requested the court to proceed with the sentencing option of castration.  The other two defendants then dropped their appeals and also requested the castration to be performed.  The South Carolina Supreme Court ruled that castration was a form of mutilation and therefore, cruel and unusual punishment under their state constitution.

SUMMARY:

Sex offenders may elect to be surgically castrated.  A hearing will be held to ensure that the offender understands the legal, medical, emotional, and psychological consequences of surgical castration.  An offender who is castrated is not to receive a sentence greater than 25 percent of the presumptive sentence for the offense committed.

EFFECT OF PROPOSED SUBSTITUTE:

The offender's election of the castration option is made after conviction of the sex offense.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Senator Craswell, prime sponsor; Senator Saling (support)