OKLAHOMA CITY, OK – Registered child sex offenders in Oklahoma would have to be “chemically castrated” in order to be released on parole under a bill that easily cleared the House floor Monday.

House Bill 2422, authored by Rep. Scott Fetgatter, R-Okmulgee, would require offenders who commit sex crimes against children age 13 and younger to be chemically castrated as a condition of supervised release. Reoffending, ending treatment or seeking reversal of the treatment, which “use chemicals or drugs to stop sex hormone production,” would result in returning to prison for life without the possibility of parole.

Opponents of castrating offenders, both physically and chemically, have argued this type of legislation is “cruel and unusual punishment” and is a violation of the U.S. Constitution.

Speaking on the House floor, Fetgatter said this was his third time trying to pass legislation aimed at strengthening the punishment of convicted child sex offenders. He said he wanted a more extreme option, but it wasn’t palatable to the Oklahoma Senate. Last year, he unsuccessfully ran legislation that sought to legalize death sentences for some repeat offenders.

“I mean, if I’m just brutally honest with you, this is the third freaking year I’ve run this bill in some form or fashion, trying to fix these problems, to keep our kids safe,” he said. “And for whatever reason, this legislative body in the Senate over here, they’ve killed the bill all three years. So I’m trying to get something with some traction going forward so that we can fix this issue and keep our kids safe. Because what happens daily all across the state is unacceptable. And if it were up to me, I’d take them down on the town square in Okmulgee, and you know what I might do with a pair of snips.”

Fetgatter’s legislation in 2024 also could have given child sex offenders life in prison without the possibility of parole. It died in the Senate, but Fetgatter Monday said it was”fiscally sabotaged.”

While castration is technically optional under the bill, refusing the treatment would mean the offender is no longer eligible for parole and remains behind bars. Rep. John Waldron, D-Tulsa, who voted against the measure, pointed out this made castration an “optional requirement.”

“So to be clear, I’m not allowing anybody to go on parole. Okay?” Fetgatter said. “Because they currently could become eligible for parole as a part of their sentencing, what I’m saying is you can’t get out on parole unless you are mentally evaluated and chemically castrated. You’re not even eligible to be paroled.”

When questioned about the cost of the treatments, Fetgatter said the Oklahoma Department of Corrections would incur the cost but said it would be “minimal.”

While the Senate reviews the bill, Fetgatter said he’ll work with colleagues in the other legislative chamber to ensure the treatments for chemical castration in the bill will be effective for both male and female anatomy.

Fetgatter referenced other states that had advanced similar legislation, including Louisiana which he said passed a similar law last year.

The National Association for Rational Sexual Offense Laws, or NARSOL, opposed Louisiana’s legislation and said it would not be a viable or effective and did not properly address the issue of child abuse.

“NARSOL totally opposes forced chemical amd physical castration for those who have committed sexual crime,” said Sandy Rozek, NARSOL communications director in a statement for the organization. “The positive benefits are far below what might conceivable justify its usage, and the negative effects are medically serious. … The moral and constitutional objections are universal and compelling.”

The group has previously argued that the rate of recidivism by convicted sex offenders is low.

A study cited by the U.S. Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking found that the average adult recidivism rate is about 10% for sex offenders who underwent forms of treatment other than castration.

Fetgatter referenced a 2023 incident in Okmulgee County where a convicted sex offender who was released early from prison shot six people, and then himself, as part of his reasoning for running this legislation.

He called child molestation one of the “six most heinous acts” and said he’d prefer to see this bill return to what it was last year: life without parole.

“I mean, I think we should lock them up for the rest of their life,” Fetgatter said. “From the time they are sentenced until the day they meet their maker. That’s what we should do.”

With a 81-12 vote, the bill heads to the Senate for consideration.

Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com.