SENATE BILL REPORT

SB 6309

BYSenators Saling, Anderson, Lee, Johnson, Thorsness, Sellar, McCaslin, Benitz, Metcalf, Craswell and Barr

Mandating castration for sex offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 9, 1990

Senate Staff:Richard Rodger (786-7461)

AS OF JANUARY 11, 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:

Every person who is convicted of rape in the first degree or rape of a child in the first degree shall be surgically castrated.  The court may reduce the person's presumptive sentence by up to 50 percent after the surgery is completed.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested