REPORT TITLE:
Pedophiles; Chem. Castration


DESCRIPTION:
Requires the chemical castration of all second-time sex offenders
who are convicted of molesting victims who are less than 13 years
old.  Requires medical and psychiatric evaluations and treatment
and informed consent.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2203
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to protect the
 
 2 health, safety, and welfare of the children of this State by
 
 3 requiring the chemical castration of all repeat sex offenders who
 
 4 are convicted of molesting victims who are less than thirteen
 
 5 years old, using medroxyprogesterone acetate, commonly known as
 
 6 Depo-Provera.  In addition, this Act seeks to ensure that
 
 7 chemical castration is an effective rehabilitation device and
 
 8 recidivism solution by:
 
 9      (1)  Requiring each candidate for chemical castration to
 
10           undergo a medical and psychiatric evaluation to
 
11           determine if that offender is amenable to treatment,
 
12           and providing for a physician to screen the candidate
 
13           for pre-existing medical conditions that might result
 
14           in dangerous side effects;
 
15      (2)  Providing that the treatment is only one component of a
 
16           comprehensive psychological or psychiatric treatment
 
17           program; and
 
18      (3)  Requiring the offender to voluntarily consent to the
 
19           treatment after being informed of any material risks.
 

 
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 1      SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§707-    Chemical castration of repeat child sex offenders.
 
 5 (1)  Subject to obtaining the voluntary consent of the offender
 
 6 under subsection (7) and compliance with the other requirements
 
 7 of this section, any person guilty of a second or subsequent
 
 8 conviction of any offense specified in subsection (2), where the
 
 9 victim has not attained thirteen years of age, shall undergo
 
10 medroxyprogesterone acetate treatment or its chemical equivalent,
 
11 in addition to any other punishment prescribed for that offense
 
12 or any other provision of law.
 
13      (2)  This section shall apply to the following offenses:
 
14      (a)  Section 707-730(1)(b);
 
15      (b)  Section 707-732(1)(b);
 
16      (c)  Section 707-733.5;
 
17      (d)  Section 707-741; or
 
18      (e)  An offense under the law of another state or other
 
19           jurisdiction that is equivalent to an offense specified
 
20           in paragraphs (a) to (d).
 
21      (3)  The court sentencing a person who has been convicted of
 
22 a second or subsequent offense under subsection (1), before
 
23 sentencing, shall require that the defendant undergo:
 

 
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                                     S.B. NO.           2203
                                                        
                                                        


 1      (a)  A medical evaluation to determine if the offender is
 
 2           amenable to treatment, including a medical examination
 
 3           by a physician licensed under chapter 453 or 460 to
 
 4           screen the candidate for pre-existing medical
 
 5           conditions that might result in dangerous side effects;
 
 6           and
 
 7      (b)  A psychological or psychiatric evaluation to ascertain
 
 8           whether or not medroxyprogesterone acetate chemical
 
 9           treatment or its equivalent would be effective in
 
10           changing the defendant's behavior.
 
11      (4)  If it is determined by a physician that the offender is
 
12 amenable to treatment and by a qualified mental health
 
13 professional that the treatment would be effective, the court may
 
14 require, as a condition of probation and upon provisions arranged
 
15 between the court and the defendant, the defendant to undergo
 
16 medroxyprogesterone acetate treatment or its chemical equivalent
 
17 which must be coupled with treatment by a qualified mental health
 
18 professional.
 
19      (5)  In the case of a person sentenced to probation who is
 
20 required to undergo such treatment or its chemical equivalent and
 
21 is in the custody of the department of public safety or other law
 
22 enforcement agency or confined in a state or county correctional
 
23 institution at the time of sentencing, when that person becomes
 

 
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                                     S.B. NO.           2203
                                                        
                                                        


 1 eligible for probation, that person shall begin
 
 2 medroxyprogesterone acetate treatment and counseling prior to the
 
 3 person's release from custody or confinement.  A person sentenced
 
 4 to probation who is required to undergo this treatment and who is
 
 5 not in the custody of the department of public safety or other a
 
 6 law enforcement agency or confined in a state or county
 
 7 correctional institution at the time of sentencing shall be taken
 
 8 into custody or confined until treatment can begin.  Additional
 
 9 treatment shall continue after the defendant's release from
 
10 custody or confinement until the defendant demonstrates to the
 
11 court that the treatment is no longer necessary.
 
12      (6)  The Hawaii paroling authority, in the exercise of its
 
13 discretion in considering the grant of parole to a person who has
 
14 been convicted under subsection (1), as a condition of parole,
 
15 may require that the person undergo medroxyprogesterone acetate
 
16 treatment or its chemical equivalent under the same terms and
 
17 conditions as provided in subsections (3) and (4); provided that,
 
18 while undergoing this treatment, the person must participate in
 
19 and pay for counseling currently available from a private or
 
20 public provider of outpatient mental health services.  No such
 
21 treatment shall be administered until the person has consented
 
22 thereto in writing.  A person who is required to undergo
 
23 medroxyprogesterone acetate treatment or its chemical equivalent
 

 
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                                     S.B. NO.           2203
                                                        
                                                        


 1 and counseling as a condition of parole shall begin the treatment
 
 2 at least one week prior to the person's release from confinement
 
 3 in a correctional facility, but additional treatment shall
 
 4 continue after the defendant's release on parole until the
 
 5 defendant demonstrates to the paroling authority that the
 
 6 treatment is no longer necessary.  The provision of treatment
 
 7 required as a condition of parole shall be administered by the
 
 8 Hawaii paroling authority through licensed medical personnel
 
 9 employed by the defendant and approved by the authority.  The
 
10 department of public safety shall permit access by the licensed
 
11 medical personnel for this purpose to any person required to
 
12 begin the treatment and counseling while confined in a facility
 
13 of the department.
 
14      (7)  No treatment provided for under this section shall be
 
15 administered until the person has been fully informed of the
 
16 effect of hormonal chemical treatment and any side effects and
 
17 material risks that may result from it, and has voluntarily
 
18 consented to the treatment and acknowledged the receipt of this
 
19 information in writing.
 
20      (8)  Nothing in this section shall require an employee of
 
21 the department of public safety who is a physician licensed under
 
22 chapter 453 or 460 to participate against that person's will in
 
23 the administration of this section.
 

 
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                                     S.B. NO.           2203
                                                        
                                                        


 1      (9)  Any physician or qualified mental health professional
 
 2 who acts in good faith in compliance with this section in the
 
 3 administration of treatment or provision of counseling provided
 
 4 for in this section shall be immune from civil or criminal
 
 5 liability for that person's actions in connection with the
 
 6 treatment or counseling.
 
 7      (10)  The department of public safety shall adopt rules
 
 8 pursuant to chapter 91 to provide for the effective
 
 9 administration and implementation of this section."
 
10      SECTION 3.  New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13                              INTRODUCED BY:______________________