Act 651 is being headlined after a man in Vernon Parish, Thomas Allen McCartney, pleaded guilty to the first-degree attempted rape of a seven-year-old girl. McCartney agreed to both surgical and chemical castration along with a 40-year sentence, according to KPLC 7.
Act 651 became law in Louisiana in August of last year, making it the first state in the nation to authorize surgical castration. The act was passed as a means of reducing the tendency of convicted offenders, who commit sexually aggravated offenses or possess pornography of children under 13 years old, to reoffend.
Surgical castration is designed to permanently remove the sex organs of convicted offenders. The procedure does not happen until about a year before their release date.
McCartney, who was already a tier-3 sex offender, had been caught sexually abusing a seven-year-old girl back in 2023, according to KLPC 7. He was previously convicted of rape in 2011, two counts of aggravated rape in 2010, and arrested on felony carnal knowledge of a juvenile in 2007, according to KLPC 7.
Act 651 allows judges to order surgical castration for offenders like McCartney. However, the procedure itself is not a substitute for incarceration, nor does it shorten sentencing. The courts must first determine if the individual is a medically viable candidate for the procedure; this decision must be made no more than 60 days after sentencing, according to the law.
The surgical castration is not mandated, and it is a completely voluntary procedure. However, there are pre-measures set in place in case an offender chooses not to allow the procedure after agreeing to it. According to the Louisiana State Legislature, offenders may face additional prison time anywhere from three to five years for defying court orders.