Tex. Gov't Code Section 501.061
Orchiectomy for Certain Sex Offenders


(a)

A physician employed or retained by the department may perform an orchiectomy on an inmate only if:

(1)

the inmate has been convicted of an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child), 22.011 (Sexual Assault)(a)(2), or 22.021 (Aggravated Sexual Assault)(a)(2)(B), Penal Code, and has previously been convicted under one or more of those sections;

(2)

the inmate is 21 years of age or older;

(3)

the inmate requests the procedure in writing;

(4)

the inmate signs a statement admitting the inmate committed the offense described by Subsection (a)(1) for which the inmate has been convicted;

(5)

a psychiatrist and a psychologist who are appointed by the department and have experience in the treatment of sex offenders:

(A)

evaluate the inmate and determine that the inmate is a suitable candidate for the procedure; and

(B)

counsel the inmate before the inmate undergoes the procedure;

(6)

the physician obtains the inmate’s informed, written consent to undergo the procedure;

(7)

the inmate has not previously requested that the department perform the procedure and subsequently withdrawn the request; and

(8)

the inmate consults with a monitor as provided by Subsection (f).

(b)

The inmate may change his decision to undergo an orchiectomy at any time before the physician performs the procedure. An inmate who withdraws his request to undergo an orchiectomy is ineligible to have the procedure performed by the department.

(c)

Either the psychiatrist or psychologist appointed by the department under this section must be a member of the staff of a medical facility under contract with the department or the institutional division to treat inmates in the division.

(d)

A physician who performs an orchiectomy on an inmate under this section is not liable for an act or omission relating to the procedure unless the act or omission constitutes negligence.

(e)

The name of an inmate who requests an orchiectomy under this section is confidential, and the department may use the inmate’s name only for purposes of notifying and providing information to the inmate’s spouse if the inmate is married.

(f)

The executive director of the Texas State Board of Medical Examiners shall appoint, in consultation with two or more executive directors of college or university institutes or centers for the study of medical ethics or medical humanities, a monitor to assist an inmate in his decision to have an orchiectomy. The monitor must have experience in the mental health field, in law, and in ethics. The monitor shall consult with the inmate to:

(1)

ensure adequate information regarding the orchiectomy has been provided to the inmate by medical professionals providing treatment or advice to the inmate;

(2)

provide information regarding the orchiectomy to the inmate if the monitor believes the inmate is not adequately informed about the orchiectomy;

(3)

determine whether the inmate is free from coercion in his decision regarding the orchiectomy; and

(4)

advise the inmate to withdraw his request for an orchiectomy if the monitor determines the inmate is being coerced to have an orchiectomy.

(g)

A monitor appointed under Subsection (f) is not liable for damages arising from an act or omission under Subsection (f) unless the act or omission was intentional or grossly negligent.
Added by Acts 1997, 75th Leg., ch. 144, Sec. 1, eff. May 20, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.37, eff. September 1, 2007.

Source: Section 501.061 — Orchiectomy for Certain Sex Offenders, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­501.­htm#501.­061 (accessed Jun. 5, 2024).

501.001
Discrimination Against Inmates Prohibited
501.002
Assault by Employee on Inmate
501.003
Food
501.004
Clothing
501.005
Literacy Programs
501.006
Emergency Absence
501.007
Inmate Claims for Lost or Damaged Property
501.008
Inmate Grievance System
501.009
Volunteer and Faith-based Organizations
501.010
Visitors
501.011
Zero-tolerance Policy
501.012
Family Liaison Officer
501.013
Materials Used for Arts and Crafts
501.014
Inmate Money
501.015
Providing Discharged or Released Inmate with Clothing and Money
501.016
Discharge or Release Papers
501.017
Cost of Confinement as Claim
501.019
Cost of Confinement as Claim
501.021
Use of Inmates in Training Prohibited
501.022
Infant Care and Parenting
501.023
Information Concerning Foster Care History
501.024
Verification of Inmate Veteran Status
501.025
Veterans Services Coordinator
501.026
Limitation on Certain Searches
501.027
Access to Programs by Female Inmates
501.0051
Receipt of Books by Mail
501.051
Medical Facilities at University of Texas Medical Branch
501.052
Medical Residencies
501.053
Reports of Physician Misconduct
501.054
Aids and Hiv Education
501.055
Report of Inmate Death
501.056
Contract for Care of Inmates with Mental Illness or Intellectual Disability
501.057
Civil Commitment Before Parole
501.058
Compensation of Psychiatrists
501.059
Screening for and Education Concerning Fetal Alcohol Exposure During Pregnancy
501.060
Tuberculosis Screening
501.061
Orchiectomy for Certain Sex Offenders
501.062
Study of Rate of Recidivism Among Sex Offenders
501.063
Inmate Fee for Health Care
501.064
Availability of Correctional Health Care Information to Inmates
501.065
Consent to Medical, Dental, Psychological, and Surgical Treatment
501.066
Restraint of Pregnant Inmate or Defendant
501.067
Availability of Certain Medication
501.068
Mental Health Assessment for Certain Inmates
501.069
Developmentally Disabled Offender Program
501.070
Trauma History Screening
501.071
Access to Telemedicine and Telehealth Services and On-site Medical Care
501.0081
Dispute Resolution: Time-served Credits
501.091
Definitions
501.092
Comprehensive Reentry and Reintegration Plan for Offenders
501.093
Inmates Suffering from Drug or Alcohol Abuse
501.095
Inmates with History of Chronic Unemployment
501.096
Reentry Program for Long-term Inmates
501.097
Reintegration Services
501.098
Reentry Task Force
501.099
Family Unity and Participation
501.101
Programs and Services for Wrongfully Imprisoned Persons Who Are Discharged
501.102
Reentry and Reintegration Services for Wrongfully Imprisoned Persons
501.103
Annual Report
501.111
Temporary Housing
501.112
Mixing Classifications Prohibited
501.113
Triple-celling Prohibited
501.114
Housing Requirements Applicable to Pregnant Inmates
501.131
Definitions
501.132
Application of Sunset Act
501.133
Committee Membership
501.134
Public Member Eligibility
501.135
Membership and Employee Restrictions
501.136
Appointment
501.137
Presiding Officer
501.138
Grounds for Removal
501.139
Meetings
501.140
Training
501.141
Compensation
501.142
Administration
501.143
Division of Responsibilities
501.144
Qualifications and Standards of Conduct Information
501.145
Equal Employment Opportunity Policy
501.146
Managed Health Care Plan
501.147
Powers and Duties of Department
501.148
General Powers and Duties of Committee
501.149
Disease Management Services
501.150
Quality of Care Monitoring by the Department and Health Care Providers
501.151
Complaints
501.152
Public Participation
501.153
Alternative Dispute Resolution
501.154
Use of Technology
501.155
Availability of Correctional Health Care Information to the Public
501.0155
Providing Discharged or Released Inmate with Documentation for Employment
501.156
Student Loan Repayment Assistance
501.0165
State-issued Identification
501.0166
Providing Discharged or Released Inmate with Birth Certificate and Social Security Card
501.171
Definitions
501.172
Appointment of Ombudsperson
501.173
Powers and Duties of Ombudsperson
501.174
Department to Adopt Policy
501.175
Ombudsperson to Make Available to Public Certain Information
501.176
Annual Report
501.177
State Auditor Audits, Investigations, and Access to Information Not Impaired
501.178
Authority of State Auditor to Conduct Timely Audits Not Impaired
501.0215
Educational Programming for Pregnant Inmates
501.0515
Procedures for Transportation of Female Inmates for Medical Care
501.0551
Anatomical Gifts
501.0665
Certain Invasive Searches Prohibited
501.0666
Nutrition Requirements for Pregnant Inmates
501.0667
Inmate Postpartum Recovery Requirements
501.0668
Duties Following Miscarriage or Physical or Sexual Assault of Pregnant Inmate
501.0675
Provision of Feminine Hygiene Products
501.0921
Risk and Needs Assessment Instrument
501.0931
In-prison Therapeutic Communities
501.0971
Provision of Reentry and Reintegration Information to Inmates
501.1471
Report
501.1485
Corrections Medication Aides

Accessed:
Jun. 5, 2024

§ 501.061’s source at texas​.gov