Castration measure faces fight in Assembly

Larry Henry

Tuesday, May 20, 1997 | 11:59 a.m.

CARSON CITY -- A so-called "Hitler" bill requiring repeat child molesters to undergo chemical castration has passed in the Senate but is in for a fight in the Assembly, where some favor voluntary treatment.

"I'm more inclined to support (voluntary chemical castration)," said Assemblyman Bernie Anderson, D-Sparks. "We aren't certain whether it's an effective tool."

Anderson chairs the Assembly Judiciary Committee, where the Senate bill requiring chemical castration will be studied in conjunction with an Assembly measure that sets up a voluntary program to determine if it reduces the sex drive.

Senate Bill 101 requires repeat pedophiles to receive weekly testosterone-lowering shots after release from prison if a psychiatrist and District Court judge determine a threat still exits. It will be administered along with psychiatric counseling.

The drug used in the procedure, Depo-Provera, is a female birth-control substance that causes the testicles to shrink. It induces in men the same effects as women during menopause, including hot flashes, migraines, fatigue and weight gain, according to state officials. Depo-Provera also could prevent the recipient from fathering children.

The Senate approved SB 101 Monday, with Sen. Joe Neal, D-North Las Vegas, casting the only no vote.

Neal argued that chemical castration violates the constitutional prohibition against "cruel and unusual punishment." He said it is a "measure Hitler used in the '30s."

Neal also said the procedure is equivalent to secret government-approved tests on black Southerners to determine the effect of untreated syphilis and other tests to gauge the reaction to LSD and chemical warfare.

"The method is a devastating one to humankind," said Neal, who worries that it will open a "gate" allowing the state over time to apply the treatment to prisoners besides child molesters.

Neal also objected to a provision requiring molesters to undergo chemical treatment if they move to Nevada from states that don't have a similar law.

The bill's sponsor, Sen. Mark James, R-Las Vegas, said he had a two-word message for pedophiles from out-of-state who fear tough Nevada laws: "Don't come."

James said statistics show that sex offenders who receive Depo-Provera have an 18 percent repeat crime rate, compared to 52 percent who don't undergo treatment.

James said violent inmates fester in prison and can be even more uncontrollable after serving time.

"We warehouse them in prison, and we release them into society untreated," he said. "There's a good possibility that person will reoffend."

After the Senate vote, Anderson, the Assembly Judiciary chairman, said he will take the bill into consideration along with Assembly Bill 206, sponsored by Assemblywoman Gene Ohrenschall, D-Las Vegas.

That measure sets up a voluntary program with prison inmates. It includes all sex offenders -- not just pedophiles -- and gives good-time credit to those who participate.

Differences will have to worked out in a conference committee that includes members from the Senate and Assembly.

Prison Director Bob Bayer has testified in committee that treatment should be limited to parolees and not performed on those still serving time.

"I wouldn't want to feminize an inmate more than necessary in that kind of setting," he said.