S-3487               _______________________________________________

                                                   SENATE BILL NO. 6332

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/11/90 and referred to Committee on  Law & Justice.

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.  The legislature also finds that offenders who are surgically castrated are less likely to reoffend.  The legislature further 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:

          If, at any time between a sex offense and the time of sentencing for a sex offense, an offender is voluntarily surgically castrated, the court shall not impose a sentence greater than twenty-five percent of the presumptive sentence.  No castration shall be performed on any person charged with or convicted of a sex offense unless the person knowingly and voluntarily requests in writing that he be surgically castrated.  The court shall hold a hearing to ensure that an offender fully understands the legal, medical, emotional, and psychological consequences of castration.