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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 6332

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State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Craswell, Owen, Thorsness, Metcalf, Smitherman, Barr, McCaslin, Newhouse, Benitz, Johnson, Anderson, Saling and Hayner)

Read first time 1/22/90.

AN ACT Relating to the voluntary castration of sex offenders; adding a new section to chapter 9.94A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that sex offenders have a high probability of reoffending.  Studies have shown that offenders who are castrated are less likely to reoffend.  The legislature also finds that voluntary surgical castration is not cruel and unusual punishment.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.94A RCW to read as follows:

          (1) At any time between the conviction of a sex offense and the time of sentencing, the offender may file a motion with the court requesting a hearing on the voluntary surgical castration sentencing option provided in this section.

          (2) No castration shall be performed on any person, pursuant to this section, unless the person knowingly and voluntarily requests, in writing, that the surgery be performed.

          (3) Subsequent to receiving the motion and written request of the person convicted of a sex offense, the court shall hold a hearing to ensure that the offender has requested the surgery knowingly and voluntarily.  The court shall ensure that the offender fully understands and comprehends the legal, medical, emotional, and psychological consequences of castration.

          (4) If surgical castration is performed pursuant to this section, the court shall not impose a sentence greater than twenty-five percent of the presumptive sentence; provided that an offender who is surgically castrated must serve no less than one year in confinement.