FROM THE HOT SPRING COUNTY CIRCUIT COURT [NO. 30CV-16-148]
HONORABLE EDDY ROGER EASLEY, JUDGE
French, pro se appellant.
Rutledge, Att'y Gen., by: Kent G. Holt, Ass't
Att'y Gen., for appellee.
F. VIRDEN, Judge
Spring County Circuit Court entered an order denying
appellant Tracy French's pro se "Writ for
Sterilization" and finding that his action failed to
state a claim upon which relief could be granted and thus
constituted a strike pursuant to Ark. Code Ann. §
16-68-607. We dismiss for lack of jurisdiction.
24, 2016, French filed a "Writ for Sterilization"
with an attached affidavit stating that he was
"requesting for [the Hot Spring County Circuit Court] to
surgically sterilize me for the crime of rape that I
committed. . . . I personally feel this would be the best
remedy for my wrong doing. . . . In exchange for
sterilization I respectfully request for release upon
completion of said medical procedure."
following response was filed on June 29, 2016: "The
State could not care less whether the Petitioner is castrated
or sterilized as long as it is done by private physicians and
hospitals at no expense to the State or Federal
government." The State objected to the trial court's
having anything to do with the procedure and to any early
release of the petitioner.
reply, French asserted that voluntary sterilization is a
method for controlling a sex offender's irresistible
urges to reoffend and allows him to be released without
endangering the public. He also stated that
[t]his circuit Court has jurisdiction to grant castration of
a convicted sex offender for a reduction of sentence for a
suspended imposition of sentence, suspended sentence or
probation. Castration has been used as a plea agreement for a
sentence reduction in this state before and those same tenets
should be applied to an incarcerated convicted sex offender
pursuant to Ark. Code Ann. § 20-49-101 et seq.
and the petitioner is requesting a Hearing for Sterilization
pursuant to Ark. Code Ann. § 20-49-204.
attached as exhibits proposed legislation for the 2017
session of the General Assembly, drafted by him, entitled
"Sterilization by Orchiectomy for Certain Sex
Offenders" and "Study Rate of Recidivism of
Sterilization by Orchiectomy."
August 18, 2016, the trial court denied French's request
for relief. French had filed a notice of appeal on August 9,
appeal to this court, French does not contend that the trial
court erred in denying his request nor does he challenge the
trial court's issuance of a strike for filing the civil
action. French's only discernible argument is as follows:
Petitioner seeks relief from his (30) thirty year sentence,
through castration for release having served (10) ten years,
with remainder of sentence suspended, reinstated at (100%)
one hundred percent, for any new in state felony conviction,