2008 Woodie Awards
State house considers emasculation
Drastic measure proposed for convicted child molesters
Reagan Williams
Issue date: 2/2/06 Section: News
A bill that mandates the surgical castration of sex offenders above the age of 21 who sexually offend minors 12 years of age or younger is currently being reviewed by the Alabama State Legislature. After the first reading before the entire House of Representatives, it was sent to the Judiciary Committee for review. Since the Judiciary Committee handles more bills than any other committee, this bill has not been discussed.
"The main goal is to make sure that the bill does not violate the constitution as being cruel and unusual," said Judiciary Committee Chair Marcel Black.
This bill, House Bill 3, was spawned from a bill last session that would have required mandatory tracking devices in certain criminals.
"With a tracking device you can see where criminals are, but not what they are doing," said Rep. Steve Hurst.
After the bill failed, Hurst said that he would sponsor this new bill to attain a more strenuous punishment for sexual misconduct. A visit from foster care representatives also affected his decision.
Every year, legislators care for life-like dolls for a week, so they can experience a small part of being a foster parent. After the dolls are returned to the foster care program, legislators are left with a picture of their doll to remind them of the importance of the government's support of foster care.
From this visit, Hurst was also left with a story about a two-year old boy who was sexually assaulted by his stepfather. The child had to have repeated surgeries and treatment to correct the damage.
"How more inhumane can you be?" said Hurst, referring to the offender.
Hurst did say that some psychologists believe that castration will not stop all occurrences of sex offenses toward small children, but it will deter them.
"Somebody needs to do something to protect them [the children]," Hurst added.
The bill states that castration would take place only when a person is convicted of "certain" sex offenses. Black said that the definition of "certain" would be clarified during committee meetings. Hurst defined "certain" as any sexual offense that is committed towards a minor 12 years of age or younger.
The bill also states that the adult sex offender must also pay for his own emasculation, occurring during incarceration. The Department of Corrections will determine the facilities and physicians to be used.
Hurst hopes that the bill will be passed so that the effectiveness can be tested. The test would require a sex offender to volunteer for castration in exchange for an early release from prison.
After the Judiciary Committee evaluates the bill, it can be sent back to the floor, amended, sent to a sub-committee or rejected.
In the past, the federal court has struck down similar bills, but Hurst wants to pursue the passage of this bill in Alabama so that it will continue to go before the federal court.
"The main goal is to make sure that the bill does not violate the constitution as being cruel and unusual," said Judiciary Committee Chair Marcel Black.
This bill, House Bill 3, was spawned from a bill last session that would have required mandatory tracking devices in certain criminals.
"With a tracking device you can see where criminals are, but not what they are doing," said Rep. Steve Hurst.
After the bill failed, Hurst said that he would sponsor this new bill to attain a more strenuous punishment for sexual misconduct. A visit from foster care representatives also affected his decision.
Every year, legislators care for life-like dolls for a week, so they can experience a small part of being a foster parent. After the dolls are returned to the foster care program, legislators are left with a picture of their doll to remind them of the importance of the government's support of foster care.
From this visit, Hurst was also left with a story about a two-year old boy who was sexually assaulted by his stepfather. The child had to have repeated surgeries and treatment to correct the damage.
"How more inhumane can you be?" said Hurst, referring to the offender.
Hurst did say that some psychologists believe that castration will not stop all occurrences of sex offenses toward small children, but it will deter them.
"Somebody needs to do something to protect them [the children]," Hurst added.
The bill states that castration would take place only when a person is convicted of "certain" sex offenses. Black said that the definition of "certain" would be clarified during committee meetings. Hurst defined "certain" as any sexual offense that is committed towards a minor 12 years of age or younger.
The bill also states that the adult sex offender must also pay for his own emasculation, occurring during incarceration. The Department of Corrections will determine the facilities and physicians to be used.
Hurst hopes that the bill will be passed so that the effectiveness can be tested. The test would require a sex offender to volunteer for castration in exchange for an early release from prison.
After the Judiciary Committee evaluates the bill, it can be sent back to the floor, amended, sent to a sub-committee or rejected.
In the past, the federal court has struck down similar bills, but Hurst wants to pursue the passage of this bill in Alabama so that it will continue to go before the federal court.