Proposal advances to surgically castrate sex offenders in Louisiana

Louisiana's chief public defenders who run local district officers fear a large pay cut may be coming their way under Gov. Jeff Landry's new public defender plan. (Getty Images)

Louisiana is close to letting its judges sentence sex offenders to surgical castration, despite concerns that the proposal would likely face a legal challenge over its constitutionality.

Senate Bill 371 by Sen. Regina Barrow, D-Baton Rouge, was approved in the House of Representatives in a 74-24 vote. It needs only the senators’ concurrence in House floor amendments before it’s sent to Gov. Jeff Landry for consideration.

Rep. Delisha Boyd, D-New Orleans, carried Barrow’s bill in the House. She cited recent news reports of a 51-year-old Baton Rouge man arrested for the alleged rape a 12-year-old girl. The suspect was previously arrested in 2007 on a count of aggravated rape of a 5-year-old. His charge would later be reduced to indecent behavior with a juvenile, The Advocate reported.

Boyd suggested the Barrow proposal could thwart such repeat sexual offenders.   

“We have to stand and fight for children,” Boyd told House members.

One change made in the House would exclude offenders younger than 17 from castration. Another amendment would prevent sex offenders from living near a school when their victim is 14 or younger, an increase from the current age of 13.  

Boyd deflected an attempt to steer the proposal to the House Committee on Appropriation, which typically gets say-so over bills that include a cost to the state. The state Department of Corrections and Public Safety reported the cost of surgical castration ranges from $550 to $680 per offender, though the Legislature’s fiscal staff did not provide an estimate for a total cost.

Rep. Edmond Jordan, D-Baton Rouge, who tried unsuccessfully to reroute the bill, also objected to its “historical context” and what he believes is the likelihood the punishment will be handed down inordinately to Black men. Jordan, who is Black, compared the measure with what were often unwarranted lynchings and castrations of Black men during the Jim Crow era.         

“Who does this affect most?” Jordan asked lawmakers. “I know it’s race neutral. I know we say it can apply to anybody, but we all know who it affects.”

Jordan said he has spoken to organizations that have said they are likely to sue if Barrow’s bill becomes law, adding that it would cost the state at least $100,000 to defend the statute.

Barrow’s legislation would also apply to women who are convicted sex offenders. 

The procedure would take place no less than one week after the convicted person completes their prison sentence, if that is part of their punishment. If the person refuses castration or fails to show up for the procedure, they could be sent to prison for three to five years.  

Chemical castration, a reversible process administered through medication, is already approved as a criminal punishment in Louisiana. It was handed down earlier this month in the case of a Livingston Parish man who was convicted of raping three juveniles.

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