Castarion Not Running for State Assembly Again
Topic:
SENTENCING; CRIME; CRIMINALS; Sex activity CRIMES;
Location:
Sexual practice OFFENDERS;
| February 21, 2006 | 2006-R-0183 | |
| CASTRATION OF SEX OFFENDERS | ||
| By: Sandra Norman-Eady, Chief Attorney | ||
You asked for groundwork information on states that allow or require sex offenders to exist castrated.
SUMMARY
Eight states allow chemical or surgical castration of sex offenders. They are: California, Florida, Georgia, Louisiana, Montana, Oregon, Texas, and Wisconsin. California was the first land to allow chemical castration when its governor signed into law a mensurate allowing certain sex offenders to receive medroxyprogesterone acetate (MPA) handling or its equivalent as punishment for their crime. MPA, an bogus female person hormone, is commonly sold under the name Depo-Provera and is used to treat abnormal uterine bleeding, promote menstrual cycles, and care for symptoms of menopause. When used by men, MPA has the effect of reducing their testosterone levels to pre-puberty levels.
Florida, Georgia, Louisiana, Oregon, Montana, and Wisconsin followed California ' s lead and now permit treatment as punishment for sure sexual offenses. Florida, like California, makes handling mandatory for echo offenders. In all of these states treatment is a condition of release from custody and generally starts before the offender is released. In Louisiana, handling is also a condition of sentence reduction or suspension.
Castration laws in California, Georgia, Louisiana, Montana, and Wisconsin only apply to offenders convicted of sex activity offenses against minors.
California, Florida, and Louisiana permit offenders who may or must undergo treatment to opt for surgical castration. Texas is the but land that currently allows certain repeat offenders to elect surgical castration without a treatment choice.
Proponents of castration argue that it is justified and appropriate. Specifically, they argue that using castration to control sex activity offenders ' irresistible urges to rape or molest over again allows them to be released without endangering the public. Opponents argue that the side effects of chemic castration (e.chiliad., life threatening blood clots and serious allergic reactions) are reason for avoiding it. Others take argued unsuccessfully that forced castration violates the protection against cruel and unusual penalisation guaranteed by the 8th Subpoena to the U.S. Constitution.
STATE CASTRATION LAWS
Since the mid-1990 ' s states accept immune, and in certain instances required, castration every bit a way of penalizing sexual offenders or as a condition to their release from custody. Table i shows castration laws by state.
Tabular array 1: Castration Laws by Country
| States | Laws on Castration |
| California Penal Code � 645 | Courts may order first offenders of certain sex crimes committed against children nether historic period 13 to undergo MPA treatment or its chemic equivalent earlier they are paroled. They must order repeat offenders on parole to undergo such handling before parole. Offenders may choose surgical castration instead of chemical handling. The Section of Corrections (DOC) administers the treatment, which parolees must begin ane week before their release from custody and must go on until DOC determines that it is no longer necessary. The crimes that could field of study parolees to chemical castration are: 1. sodomy; 2. oral copulation; three. lewd and lascivious acts, including sex acts committed with strength, violence, duress, or fear of immediate and unlawful bodily injury to the victim or a third person; or 4. rape by (a) force, violence, duress, or fear of firsthand and unlawful bodily injury to the victim or a third person, or (b) threat of future retaliation. |
| Florida 794.0235 | Courts may sentence start offenders convicted of sexual bombardment to MPA treatment. Courts must judgement echo offenders of this offense to treatment. "Sexual battery" means oral, anal, or vaginal penetration by, or in union with, some other person ' south sexual organ or another object. "Sexual battery" does not include an act done for a bona fide medical purpose. A judgement of treatment does not replace or reduce any other penalty the court could impose. The courtroom club must specify the elapsing of handling, up to life. In lieu of handling, a defendant may ask for and a court may club physical castration if information technology finds the defendant ' s consent to be intelligent, knowing, and voluntary. A court gild for treatment is contingent upon a court-appointed medical expert ' due south determination that the accused is an appropriate candidate. The adept must make the determination inside threescore days after sentencing. In cases where a defendant is sentenced to a period of incarceration, treatment must brainstorm at least one week before his release. The DOC administers the treatment. Any defendant who fails or refuses to appear for, or allow, treatment is guilty of a 2nd caste felony, punishable past up to 15 years in prison, a $10,000 fine, or both. |
| Georgia 16-6-iv | A sentencing court may require a person convicted of aggravated sexual set on of a kid under age 16 to undergo a psychiatric evaluation to determine whether MPA chemical handling or its equivalent would be effective in changing the offender ' south behavior. If it would, the court may require treatment every bit a status of probation. An offender who is in custody when sentenced and who is required to undergo treatment as a condition of probation must begin handling before his release. If he is not in custody at the fourth dimension of sentencing, he must exist taken into custody to begin treatment. Handling must go along subsequently the offender is released and until he demonstrates to the courtroom that treatment is no longer necessary. The offender must be brash of the treatment ' s side effects and must consent to the treatment in writing. |
| Louisiana fifteen:538 | Commencement offenders convicted of sex crimes against minors age 12 or younger and certain echo offenders must take a mental health evaluation, including a handling programme, earlier they are eligible for probation, parole, or a sentence reduction or suspension. Serial offenders are not eligible for probation, parole, or a sentence suspension. A qualified mental wellness professional person with experience treating sexual offenders performs the evaluation. The treatment plan may include MPA handling or its chemical equivalent as a preferred method of treatment. The state administers treatment through a licensed medical practitioner. The practitioner must inform offenders of the side furnishings of treatment. Offenders may choose surgical castration instead of chemic treatment. Offenders eligible for parole or probation, or granted a suspended sentence must begin MPA or a chemically equivalent treatment equally ordered by the court or a qualified mental health professional and medical staff. Incarcerated offenders must begin treatment vi weeks before their release. They must go along treatment during incarceration and any suspended sentence, probation, or parole, unless it is determined that the treatment is no longer necessary. Failure to go on or complete handling is a basis for revocation of probation, parole, or judgement suspension. Offenders are responsible for the costs of the evaluation, the handling plan, and the treatment. The crimes that subject first offenders to the mental wellness evaluation are: i. aggravated, forcible, or unproblematic rape; 2. sexual bombardment, 2nd degree sexual battery, or oral sexual battery; 3. incest or aggravated incest; and iv. aggravated crime against nature (unnatural carnal copulation committed with force and against a minor or person of unsound mind). |
| Montana 45-5-512 | A court may judgement an offender who is convicted of sexual assault, rape, or incest involving a minor nether age 16 and who is at least three years older than the victim to undergo MPA, its chemical equivalent, or any other medically condom drug treatment that reduces sexual fantasies, sex drive, or both. Offenders who commit these crimes only are not sentenced to treatment may volunteer for it. Treatment must begin one week before release from confinement and must continue until the Doctor determines that it is no longer necessary. Offenders must be informed of the side furnishings of handling. Failure to proceed treatment constitutes criminal contempt of court for failure to comply with the judgement, punishable by 10 to 100 years in prison house without possibility of parole. |
| Oregon 144.625 | The DOC must found a airplane pilot treatment program each year for forty to fifty sex offenders who are eligible for parole or post-prison supervision. The program is to reduce the risk of reoffending by providing the offenders with hormones or antiandrogens, such every bit MPA treatment. The department must: one. screen potential participants, starting time six months before their eligibility for parole or mail-prison supervision, to determine their suitability for treatment; 2. refer those most probable to benefit from handling to a competent md for a medical evaluation; and 3. refer those who laissez passer the evaluation to a customs physician for handling upon their release on parole or post-prison supervision. The State Board of Parole and Mail service-Prison Supervision must require hormone or antiandrogen handling during all or a portion of parole or post-prison house supervision equally a condition of such release. An offender required to undergo a treatment plan violates a condition of parole or mail-prison house supervision and is field of study to sanctions if he (ane) fails to cooperate in the handling program or (2) takes any steroid or other chemical to counteract the handling . |
| Texas Gov. Lawmaking 501.061 | Echo offenders of aggravated sexual set on of a child under age fourteen, sexual attack of a child nether age 17, or indecency with a child under age 17 (i.e., touching or exposing the kid for sexual gratification) may elect for orchiectomy (i.e., surgical removal of the testicles). Withal, orchiectomy cannot exist a condition of probation or parole. And no official tin consider an offender ' s decision to get the surgery as a gene in whether he should be released on probation or parole. In addition to existence a repeat offender, the person electing the surgery must: (1) be at least historic period 21, (2) request the procedure in writing, (3) sign a argument albeit that he committed the offense for which he is currently convicted, (4) undergo psychological and psychiatric evaluations and counseling, (5) submit his informed written consent to undergo the procedure to the doctor performing it, and (half-dozen) consult with a monitor who has experience in mental wellness, police, and ethics. An inmate may change his determination to undergo the procedure at whatsoever time before it is performed; even so, he will be forever prohibited from having the procedure performed by the department. |
| Wisconsin 302.eleven | Inmates are entitled to mandatory release or parole after they have served two-3rd of their sentence; except the DOC may deny the release of a serious kid sex offender who refuses to participate in pharmacological treatment using antiandrogen or its chemical equivalent. A "serious kid sexual practice offender" is someone convicted of having intercourse with a kid under age 13 (1st caste attack) or under historic period 16 (2nd degree assault). |
SN-Eastward:ro
Source: https://www.cga.ct.gov/2006/rpt/2006-R-0183.htm
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