CASTRATION LAWS ACROSS THE USA AS OF JUNE 2019

After 12 years, Alabama Republican Representative Steve Hurst passed a mandatory chemical castration law; he had failed to pass a mandatory surgical castration law in 11 previous attempts. Alabama’s law is unique among the states in that it is the only law that makes castration mandatory. Hurst told WFSA News, “I’d prefer it be surgical, because the way I look at it, if they’re going to mark these children for life, they need to be marked for life. My preference would be, if someone does a small infant child like that, they need to die. God’s going to deal with them one day.” Thus, the law will be challenged as punitive in intent and is expected to be challenged once the law takes effect September 1, 2019.

There are many concerns, both ethically and physically, about castration. Ethically, there are coercion concerns about exchanging body-altering chemicals in exchange for early release. From a physical standpoint, Depo-Provera is not approved by the FDA for use in “chemical castration and includes a long list of serious side effects when used by males, including increased appetite, weight gain of fifteen to twenty pounds, fatigue, mental depression, hyperglycemia, impotence, abnormal sperm, lowered ejaculatory volume, insomnia, nightmares, dyspnea (difficulty in breathing), hot and cold flashes, loss of body hair, nausea, leg cramps, irregular gall bladder function, diverticulitis, aggravation of migraine, hypogonadism, elevation of the blood pressure, hypertension, phlebitis, diabetic sequelae, thrombosis (leading to heart attack), and shrinkage of the prostate and seminal vessels. In addition, long term studies of castrated men show high levels of Gynecomastia (enlarged breasts). According to Dr. William Bremner (an endocrinologist at the University of Washington in Seattle) the drugs can “make men more like old women,” causing them to lose bone and muscle and to suffer premature osteoporosis.

John Q. LaFond argues since the courts had struck down the lesser penalty of forced vasectomies as punitive, the more intrusive act of castration should be struck down as well. Under Skinner v Oklahoma, the practice of sterilizing “only certain types of inmates” was deemed unconstitutional. Alabama’s law will most likely be challenged under the 8th Amendment ban on cruel and unusual punishment.

If you are curious as to how Alabama’s laws stack up to the rest of the nation, I have added below are the statutes currently on the books across the USA on castration laws. It should be noted that very few castrations have actually been performed even in those states where the laws have been on the books in years. As of June 2019, Alabama, California, Florida, Iowa, Louisiana, Montana, Texas, and Wisconsin have active castration on the books. Georgia and Oregon once had laws on the books but have since been repealed. 

ALABAMA

*NOTE: The bill on mandatory chemical castration was signed into law June 2019and takes effect on Sept. 1, 2019. Below is the relevant language of AL HB 379 (2019) as enrolled:

Section 1. (a) As used in this act, the following terms shall have the following meanings:

(1) CHEMICAL CASTRATION TREATMENT. The receiving of  medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person’s body.

(2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5, Code of Alabama 1975, that is committed against a person who has not attained the age of 13 years.

(b) Subject to Section 15-22-27.3, Code of Alabama 1975, as a condition of parole, a court shall order a person convicted of a sex offense involving a person under the age of 13 years to undergo chemical castration treatment, in addition to any other punishment prescribed for that offense or any other provision of law.

(c) A person required to undergo chemical castration treatment shall begin the treatment not less than one month prior to his or her release from custody of the Department of Corrections and shall continue receiving treatment until the court determines the treatment is no longer necessary. The treatment shall be administered by the Department of Public Health.

(d)(1) The parolee shall pay for all of the costs associated with the chemical castration treatment. The cost of the treatment shall be in addition to any court costs; assessments for crime victim’s compensation fund; Department of Forensic Sciences assessments; drug, alcohol, or anger management treatments required by law; restitution; or costs of supervision of the treatment. A person may not be denied parole based solely on his or her inability to pay for the costs associated with the treatment required under this act.

(2) If a person required to receive chemical castration treatment under this act, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the person proves to the reasonable satisfaction of the court that the person is not capable of paying the fees or costs within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender’s indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.

(e) In addition to any condition of parole under subsection (b), as a condition of parole, a parolee released on parole under this act shall authorize the Department of Public Health to share with the Board of Pardons and Paroles all medical records relating to the parolee’s chemical castration treatment. A parolee may elect to stop receiving the treatment at any time and may not be forced to receive the treatment; provided, such refusal shall constitute a violation of his or her parole and he or she shall be immediately remanded to the custody of the Department of Corrections for the remainder of the sentence from which he or she was paroled.

(f) Prior to the administration of any chemical castration treatment, a medical professional shall inform the parolee about the effect of the treatment and any side effects that may result from it. The parolee shall sign a written acknowledgment of receipt of the information. 

CALIFORNIA

CA Penal Code § 645 (through 2012 Leg Sess)

(a) Any person guilty of a first conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, may, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.

(b) Any person guilty of a second conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, shall, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law.

(c) This section shall apply to the following offenses:

(1) Subdivision (c) or (d) of Section 286.

(2) Paragraph (1) of subdivision (b) of Section 288.

(3) Subdivision (c) or (d) of Section 288a.

(4) Subdivision (a) or (j) of Section 289.

(d) The parolee shall begin medroxyprogesterone acetate treatment one week prior to his or her release from confinement in the state prison or other institution and shall continue treatments until the Department of Corrections demonstrates to the Board of Prison Terms that this treatment is no longer necessary.

(e) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this section.

(f) The Department of Corrections shall administer this section and implement the protocols required by this section. Nothing in the protocols shall require an employee of the Department of Corrections who is a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the Osteopathic Initiative Act to participate against his or her will in the administration of the provisions of this section. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this section shall acknowledge the receipt of this information.

(Amended by Stats. 2001, Ch. 854, Sec. 34. Effective January 1, 2002.)

FLORIDA

794.0235 Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery.—

(1) Notwithstanding any other law, the court:

(a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011.

(b) Shall sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011 and the defendant has a prior conviction of sexual battery under s. 794.011.If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed under s. 794.011. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration upon written motion by the defendant providing the defendant’s intelligent, knowing, and voluntary consent to physical castration as an alternative penalty.

(2)(a) An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment under subsection (1), shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment. Such determination is to be made not later than 60 days from the imposition of sentence. Notwithstanding the statutory maximum periods of incarceration as provided in s. 775.082, an order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

(b) In all cases involving defendants sentenced to a period of incarceration, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or other institution.

(3) The Department of Corrections shall provide the services necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing contained in this section shall be construed to require the continued administration of medroxyprogesterone acetate (MPA) treatment when it is not medically appropriate.

(4) As used in this section, the term “prior conviction” means a conviction for which sentence was imposed separately prior to the imposition of the sentence for the current offense and which was sentenced separately from any other conviction that is to be counted as a prior conviction under this section.

(5) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails or refuses to:

(a) Appear as required by the Department of Corrections for purposes of administering the medroxyprogesterone acetate (MPA); or

(b) Allow the administration of medroxyprogesterone acetate (MPA),

the defendant is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 97-184.

GEORGIA

Georgia’s castration statute, once located at Ga. Code Ann. § 16–6-4 (2002) and Ga. Code Ann. § 42–9-44.2 (2002), were repealed in 2006.

IOWA

903B.10 Hormonal intervention therapy — certain sex offenses.

1. A person who has been convicted of a serious sex offense may, upon a first conviction and in addition to any other punishment provided by law, be required to undergo medroxyprogesterone acetate treatment as part of any conditions of release imposed by the court or the board of parole. The treatment prescribed in this section may utilize an approved pharmaceutical agent other than medroxyprogesterone acetate. Upon a second or subsequent conviction, the court or the board of parole shall require the person to undergo medroxyprogesterone acetate or other approved pharmaceutical agent treatment as a condition of release, unless, after an appropriate assessment, the court or board determines that the treatment would not be effective. In determining whether a conviction is a first or second conviction under this section, a prior conviction for a criminal offense committed in another jurisdiction which would constitute a violation of section 709.3, subsection 1, paragraph “b”, if committed in this state, shall be considered a conviction under this section. This section shall not apply if the person voluntarily undergoes a permanent surgical alternative approved by the court or the board of parole.

2. If a person is placed on probation and is not in confinement at the time of sentencing, the presentence investigation shall include a plan for initiation of treatment as soon as is reasonably possible after the person is sentenced. If the person is in confinement prior to release on probation or parole, treatment shall commence prior to the release of the person from confinement. Conviction of a serious sex offense shall constitute exceptional circumstances warranting a presentence investigation under section 901.2.

3. For purposes of this section, a “serious sex offense” means any of the following offenses in which the victim was a child who was, at the time the offense was committed, twelve years of age or younger:

a. Sexual abuse in the first degree, in violation of section 709.2.

b. Sexual abuse in the second degree, in violation of section 709.3.

c. Sexual abuse in the third degree, in violation of section 709.4.

d. Lascivious acts with a child, in violation of section 709.8.

e. Assault with intent, in violation of section 709.11.

f. Indecent contact with a minor, in violation of section 709.12.

g. Lascivious conduct with a minor, in violation of section 709.14.

h. Sexual exploitation in violation of section 709.15.

i. Sexual exploitation of a minor, in violation of section 728.12, subsections 1 and 2.

4. The department of corrections, in consultation with the board of parole, shall adopt rules which provide for the initiation of medroxyprogesterone acetate or other approved pharmaceutical agent treatment prior to the parole or work release of a person who has been convicted of a serious sex offense and who is required to undergo treatment as a condition of release by the board of parole. The department’s rules shall also establish standards for the supervision of the treatment by the judicial district department of correctional services during the period of release. Each district department of correctional services shall adopt policies and procedures which provide for the initiation or continuation of medroxyprogesterone acetate or other approved pharmaceutical agent treatment as a condition of release for each person who is required to undergo the treatment by the court or the board of parole. The board of parole shall, in consultation with the department of corrections, adopt rules which relate to initiation or continuation of medroxyprogesterone acetate or other approved pharmaceutical agent treatment as a condition of any parole or work release. Any rules, standards, and policies and procedures adopted shall provide for the continuation of the treatment until the agency in charge of supervising the treatment determines that the treatment is no longer necessary.

5. A person who is required to undergo medroxyprogesterone acetate treatment, or treatment utilizing another approved pharmaceutical agent, pursuant to this section, shall be required to pay a reasonable fee to pay for the costs of providing the treatment. A requirement that a person pay a fee shall include provision for reduction, deferral, or waiver of payment if the person is financially unable to pay the fee.

6. A person who administers medroxyprogesterone acetate or any other pharmaceutical agent shall not be liable for civil damages for administering such pharmaceutical agents pursuant to this chapter.

98 Acts, ch 1171, §21

C99, §903B.1

2003 Acts, ch 180, §67; 2005 Acts, ch 158, §33, 41 CS2005, §903B.10

2013 Acts, ch 90, §256

LOUISIANA

LA Rev Stat § 14:43.6: Administration of medroxyprogesterone acetate (MPA) to certain sex offenders

A. Notwithstanding any other provision of law to the contrary, upon a first conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1 (aggravated incest), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court may sentence the offender to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Public Safety and Corrections.

B.(1) Notwithstanding any other provision of law to the contrary, upon a second or subsequent conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1 (aggravated incest), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.

(2) If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed by law. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration provided the defendant file a written motion with the court stating that he intelligently and knowingly, gives his voluntary consent to physical castration as an alternative to the treatment.

C.(1) An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment under this Section, shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment. This determination shall be made not later than sixty days from the imposition of sentence. An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

(2) In all cases involving defendants sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or such institution.

(3) The Department of Public Safety and Corrections shall provide the services necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing in this Section shall be construed to require the continued administration of medroxyprogesterone acetate (MPA) treatment when it is not medically appropriate.

(4) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA), then the defendant shall be charged with a violation of the provisions of this Section. Upon conviction, the offender shall be imprisoned, with or without hard labor, for not less than three years nor more than five years without benefit of probation, parole, or suspension of sentence.

(5) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug or other substance to reverse the effects of the treatment, he shall be held in contempt of court.

Acts 2008, No. 441, §1, eff. June 25, 2008; Acts 2011, No. 67, §1.

MONTANA

MT Code Ann. Sec. 45-5-512. Chemical treatment of sex offenders. 

(1) A person convicted of a first offense under 45-5-502(3), 45-5-503(3), or 45-5-507(4) or (5) may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section. 

(2) A person convicted of a second or subsequent offense under 45-5-502(3), 45-5-503, or 45-5-507 may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section. 

(3) A person convicted of a first or subsequent offense under 45-5-502, 45-5-503, or 45-5-507 who is not sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, may voluntarily undergo such treatment, which must be administered by the department of corrections or its agent and paid for by the department of corrections. 

(4) Treatment under subsection (1) or (2) must begin 1 week before release from confinement and must continue until the department of corrections determines that the treatment is no longer necessary. Failure to continue treatment as ordered by the department of corrections constitutes a criminal contempt of court for failure to comply with the sentence, for which the sentencing court shall impose a term of incarceration without possibility of parole of not less than 10 years or more than 100 years. 

(5) Prior to chemical treatment under this section, the person must be fully medically informed of its effects. 

(6) A state employee who is a professional medical person may not be compelled against the employee’s wishes to administer chemical treatment under this section.

History: En. Sec. 1, Ch. 334, L. 1997; amd. Sec. 2, Ch. 341, L. 1997; amd. Sec. 7, Ch. 483, L. 2007.

OREGON

It has been reported that Oregon’s castration laws were repealed around 2001. Statutes once associated with Oregon’s laws were Ore. Rev. Stat. § 144.625 (2001),  Ore. Rev. Stat. § 144.627 (2001), Ore. Rev. Stat. § 144.629 (2001), Ore. Rev. Stat. § 144.631 (2001). Based on the Charles and Scott 2003 report (See Reference Note 2), it appears the Oregon statutes were in regards a “pilot  program of 40-50 sex offenders per year”.

TEXAS

Texas Government Code – GOV’T § 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 , 21.11 , 22.011(a)(2) , or 22.021(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.

WISCONSIN

Wisconsin Statutes, Section 302.11(1)(b)2

302.11  Mandatory release.

(1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), and (7), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate’s favor to a whole day.

(b) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

Protection of the public.
Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate’s refusal to participate in a rehabilitation program under s. 301.047.

 

Derek W. Logue of OnceFallen.com

4 comments for “CASTRATION LAWS ACROSS THE USA AS OF JUNE 2019

  1. Scott
    June 13, 2019 at 9:34 pm

    This is one of those things where i dont know what to say or think except PRAY for this to be struck down by the supreme court. They would have to kill me first before i did that. Certainly not without a fight. I say the same thing about the RFID chips coming soon. This is getting ridiculous.

    You cant force people against their will like that and not expect repurcussions in some Way, Shape or Form.

  2. June 14, 2019 at 6:36 am

    Addendum: Guam also has a chemical castration law on the books under Title 9, Chapter 80, Article 7 of the Guam Code Annotated. There is currently a bill (GU Bill No. 137-35 (2019)) to make chemical castration MANDATORY, introduced by Republican Senator James Moylan.

    ARTICLE 7 HORMONE OR ANTI-ANDROGEN PILOT TREATMENT PROGRAM FOR CONVICTED SEX OFFENDERS COL9192018 9 GCA CRIMES AND CORRECTIONS

    SOURCE: Article added by P.L. 33-067:2 (Sept. 7, 2015). 2015

    NOTE: Pursuant to authority granted by 1 GCA § 1606, section numbers were altered to reflect the existing codification scheme.

    P.L. 33-067:1 stated that this act shall be known and may be cited as the “Chemical Castration For Sex Offenders Act.”

    § 80.101. Definitions.
    § 80.102. Hormone or Anti-Androgen Pilot Treatment Program – Establishment, Eligibility.
    § 80.103. Rules.
    § 80.104. Costs.
    § 80.105. Use of Hormone or Anti-Androgen Treatment Program with Persons not Included in Pilot Program; Referrals to the Program.
    § 80.106. Sunset Provision.

    § 80.101. Definitions. As used in this Article:

    (a) Sex crime means an offense under 9 GCA §§ 25.15, 25.20, or 25.25.

    (b) Parole Board means the Guam Parole Board established pursuant to 9 GCA, Chapter 85. § 80.102.

    Hormone or Anti-Androgen Pilot Treatment Program – Establishment, Eligibility.

    (a) The Department of Corrections shall establish a pilot treatment program for persons convicted of a sex crime who are eligible for, or sentenced to, parole or post-prison supervision. Evaluation of this pilot treatment program will be completed no later than three (3) years after the date of implementation of the program, and an evaluation report shall be transmitted to the Parole Board upon completion. The purpose of the program is to reduce the risk of reoffending after release on parole or post-prison supervision by providing certain persons, convicted of sex crimes who are deemed medically appropriate for the treatment program, with hormone or anti-androgen, such as medroxyprogesterone acetate, each year.

    (b)Under the program, the Department of Corrections shall: (1) screen persons convicted of sex crimes who are eligible for release within six (6) months on parole or postprison supervision to determine their suitability for hormone or anti-androgen treatment upon release; (2) refer persons found most likely to benefit from hormone or anti-androgen treatment to a competent physician for medical evaluation, and a competent psychologist for psychological evaluation; and (3) refer those persons, unless medically contraindicated after the evaluation by a competent physician, to a community physician to begin hormone or anti-androgen treatment one (1) week prior to release on parole or post-prison supervision.

    (c) The Parole Board may require, as a condition of parole or post-prison supervision, hormone or anti-androgen treatment during all or a portion of parole or post-prison supervision of persons required to participate in the hormone or anti-androgen treatment program described in Subsection (b) of this Section.

    (d) A person required to undergo a treatment program under Subsection (b) of this Section violates a condition of parole or postprison supervision, and is subject to sanctions, if the person: (1) fails to cooperate in the treatment program required under Subsection (b) of this Section; or (2) takes any steroid or other chemical to counteract the treatment required under Subsection (b) of this Section.

    (e) If a person voluntarily undergoes a permanent surgical alternative to treatment under Subsection (b) of this Section, he or she shall not be subject to hormone or anti-androgen treatment under this Section. All costs of such permanent surgical alternative shall be paid by the person undergoing such procedure.

    (f) Any physician who acts in good faith under this Section in the administration of hormone or anti-androgen treatment, or the evaluation of persons for hormone or anti-androgen treatment, shall be immune from civil or criminal liability in connection with such treatment or evaluation.

    § 80.103. Rules.

    (a) The Department of Corrections shall adopt rules, pursuant to the Administrative Adjudication Law, to implement and enforce the treatment program of hormone or anti-androgen, such as medroxyprogesterone acetate, under § 80.102 of this Article. Rules adopted under this Subsection shall include, but not be limited to: (1) a requirement that the offender be informed of the effect of the treatment program, including any side effects that may result from the treatment program; (2) a requirement that the offender acknowledge receipt of the information the Department is required to present to the offender under Paragraph (1) of this Subsection; (3) procedures to monitor compliance with the treatment program; (4) procedures to test for attempts to counteract the treatment program, that may include chemical testing of the offender’s blood and urine; and (5) a requirement that the Department of Corrections develop evaluation criteria and evaluate this pilot treatment program no later than three (3) years after the date of implementation of the treatment program, and that an evaluation report be transmitted to the Parole Board upon completion.

    (b) The Department of Corrections may contract, pursuant to the requirements of Guam law, with community physicians, laboratories, or other medical service providers, to administer the program of hormone or anti-androgen treatment under § 80.102 of this Article, or to monitor compliance with the treatment program.

    § 80.104. Costs. A person required to undergo a treatment program of hormone or anti-androgen, such as medoxyprogesterone acetate, under § 80.102 of this Article shall pay or reimburse all costs of the treatment program directly to the department, agency, or organization administering the treatment program.

    § 80.105. Use of Hormone or Anti-Androgen Treatment Program with Persons not Included in Pilot Program; Referrals to the Program. Nothing in § 80.102 or § 80.103 of this Article prohibits the Parole Board from requiring hormone or anti-androgen treatment for a person whom the Department of Corrections did not screen or evaluate as described in § 80.102 of this Article, or from referring to the Department of Corrections for screening, evaluation or treatment, as provided for under § 80.102 of this Article, persons convicted of sex crimes.

    § 80.106. Sunset Provision. The pilot treatment program shall come to an end forty-eight (48) months after the date of implementation of this treatment program. A detailed evaluation report, which addresses the effectiveness and financial impact of the pilot treatment program shall be provided by the Director of Department of Corrections to I Liheslaturan Guahan by the thirty-sixth (36th) month of the implementation of this treatment program to determine if new legislation should be passed authorizing its continuation.

  3. KayT
    June 14, 2019 at 9:05 am

    Sad, sad state of affairs.

    • Tim
      June 17, 2019 at 10:30 am

      Exactly why the founders demanded substantive separations between FED & STATES. While each state individually determine their own constitutional dispositions in law and policy making( to snip or not to snip), the influence of federal money tends to overrun those individual state choices. Their reasons for keeping the federalist out of lives of citizens had mostly to do with larger states dominating the Fed’s influence thereby imposing tyranny not founded in consent. Lawfully compelled castration is a form of tyranny, what’s more implicates corruption of the blood.

      No doubt Alabama’s law will be challenged but the result may be a more widespread use of chemical castration. We’ve already seen and experienced the result of SCOTUS’s ruling on constitutional USES of the database in SOR. Upon the courts opinion in 03 that supported state’s ex post application the demands expanded and so we may see the same outcome here.

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