LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 371 SLS 24RS 532
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 3, 2024 3:56 PM Author: BARROW
Dept./Agy.: Corrections
Subject: Surgical Castration of Certain Sex Offenders Analyst: Daniel Druilhet
CRIME/PUNISHMENT EN SEE FISC NOTE GF EX Page 1 of 2
Provides for surgical castration of persons convicted of certain crimes when the victim is under the age of thirteen. (8/1/24)
Proposed law provides for the surgical castration of certain sex offenders; upon conviction of any sex offense that is also an aggravated
offense (with the exception of sexual battery and second degree sexual battery) occurring on or after 8/01/24, when the victim is under
the age of 13 at the time of the offense, in addition to any other sentence imposed for the offense, the court may sentence the offender to
surgical castration, administered by the Department of Public Safety and Corrections (DPS&C) by a licensed physician; provides that
DPS&C shall provide services necessary to perform the surgical castration; provides that the surgical castration shall be contingent upon a
determination made no more than 60 days from the imposition of sentence by a court appointed medical expert that the defendant is an
appropriate candidate for surgery; provides that in all cases involving a sentenced of incarceration, the surgical castration procedure shall
be performed no later than one week prior to the defendant’s release from incarceration; provides that any defendant’s failure to appear
for the court-ordered procedure shall be charged with the violation and imprisoned for no less than 3 nor more than 5 years w/o benefit of
probation, parole, or suspension of sentence; provides that proposed law is inapplicable to offenders under 17; updates crime of unlawful
presence of a sex offender to denote victim age as under 15 years and add offender conduct relative to pornography involving juveniles.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety & Corrections
- Corrections Services (DPS&C-CS) and may result in an indeterminable increase in SGF expenditures in the Louisiana
Department of Justice (Office of the Attorney General).
Department of Public Safety & Corrections-Correction Services
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety & Corrections
- Corrections Services (DPS&C-CS), to the extent that the agency assumes the financial obligation for surgical castration
procedures for those convicted of sex offenses against victims under the age of 13 at the time of the offense. Proposed law
allows a judge to, within his discretion (in addition to any other penalties provided by law), subject any person convicted of
an aggravated sex offense (with the exception of sexual battery and second degree sexual battery) against a victim under
the age of 13 at the time of the offense to a surgical castration procedure. DPS&C-CS reports that the proposed legislation
would require the agency to provide the services necessary to complete the surgical procedure by a licensed physician, if
medically appropriate, and cost the State a total of $550-$680 per offender. The exact fiscal impact to expenditures is
unknown, because proposed law is effective 8/01/24, and there is no way to determine the number of offenders who will be
convicted of a sex offense of a victim under the age of 13 and thereafter be subject to a castration procedure in the future.
For informational purposes, DPS&C-CS reports that there are currently 2,224 offenders in State custody who have been
convicted of a sex offense against a victim under the age of 13 at the time of the offense, and that over the past three
years, there has been an annual average of 385 admissions for those convicted of sex offenses against victims under the
age of 13. If this trend were to continue, annual expenditures related to subjecting these offenders to a surgical castration
procedure would begin to exceed $100,000 with the admission of 147 to 181 offenders convicted of a sex offense against a
victim under the age of 13 each year.
CONTINUED ON PAGE 2
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 371 SLS 24RS 532
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 3, 2024 3:56 PM Author: BARROW
Dept./Agy.: Corrections
Subject: Surgical Castration of Certain Sex Offenders Analyst: Daniel Druilhet
CONTINUED EXPLANATION from page one: Page 2 of 2
[CONTINUED FROM PAGE 1]
Proposed law may result in an indeterminable increase in SGF expenditures in DPS&C-CS, to the extent that any sex
offender is convicted and subject to a sentence of imprisonment of no less than three nor more than five years at hard labor,
without the benefit of probation, parole, or suspension of sentence, for failure to appear for a surgical castration procedure
after being required by court order. The exact fiscal impact of the proposed law to DPS&C-CS is indeterminable, as it
creates a crime, and it is not known how many people will be convicted and subsequently sentenced nor the length of the
sentences of imprisonment assessed as a result of its enactment.
For illustrative purposes, SGF expenditures will increase by $107.60 per offender per day to the extent that an offender is
convicted, sentenced, and then subsequently housed in a state facility or $26.39 per offender per day for an offender housed
in a local facility. Corrections Services reports that impacts on offender populations are anticipated to affect the number of
offenders held in local facilities. Corrections Services reports that in managing its offender population, it seeks to fill all beds
in state facilities first, then assigns overflow offenders to local facilities.
Department of Justice
The proposed legislation may result in an indeterminable increase in Statutory Dedication expenditures out of the
Department of Justice Legal Support Fund in the Department of Justice (Attorney General) as a result of defending the State
in anticipated lawsuits that challenge the proposed legislation. Assuming there is a constitutional challenge to the proposed
law, the Attorney General anticipates that it will be required to provide a constitutional defense, which will involve incurring
no less than $150,000 in costs for outside counsel, expert witnesses, as well as costs related to general litigation. The exact
fiscal impact to the Department of Justice is indeterminable, as there is no way to determine the number of constitutional
challenges that may arise with proposed law’s enactment, or the number or duration of appeals related to any anticipated
litigation.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
SB371 Enrolled: 14:2(B)
SB371 Act 651: 14:2(B)
Conference Committee Report, #4280, House Proposed, Senate Proposed: 14:2(B)