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.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to protect the health, safety, and welfare of the children of this State by requiring the chemical castration of all repeat sex offenders who are convicted of molesting victims who are less than thirteen years old, using medroxyprogesterone acetate, commonly known as Depo-Provera. In addition, this Act seeks to ensure that chemical castration is an effective rehabilitation device and recidivism solution by:

SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§707- Chemical castration of repeat child sex offenders. (1) Subject to obtaining the voluntary consent of the offender under subsection (7) and compliance with the other requirements of this section, any person guilty of a second or subsequent conviction of any offense specified in subsection (2), where the victim has not attained thirteen years of age, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law.

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

(3) The court sentencing a person who has been convicted of a second or subsequent offense under subsection (1), before sentencing, shall require that the defendant undergo:

(4) If it is determined by a physician that the offender is amenable to treatment and by a qualified mental health professional that the treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which shall be coupled with treatment by a qualified mental health professional.

(5) In the case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of the department of public safety or other law enforcement agency or confined in a state or county correctional institution at the time of sentencing, when that person becomes eligible for probation, that person shall begin medroxyprogesterone acetate treatment and counseling prior to the person's release from custody or confinement. A person sentenced to probation who is required to undergo this treatment and who is not in the custody of the department of public safety or other a law enforcement agency or confined in a state or county correctional institution at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment shall continue after the defendant's release from custody or confinement until the defendant demonstrates to the court that the treatment is no longer necessary.

(6) The Hawaii paroling authority, in the exercise of its discretion in considering the grant of parole to a person who has been convicted under subsection (1), as a condition of parole, may require that the person undergo medroxyprogesterone acetate treatment or its chemical equivalent under the same terms and conditions as provided in subsections (3) and (4); provided that while undergoing this treatment, the person shall participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until the person has consented to it in writing. A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin the treatment at least one week prior to the person's release from confinement in a correctional facility, but additional treatment shall continue after the defendant's release on parole until the defendant demonstrates to the paroling authority that the treatment is no longer necessary. The provision of treatment required as a condition of parole shall be administered by the Hawaii paroling authority through licensed medical personnel employed by the defendant and approved by the authority. The department of public safety shall permit access by the licensed medical personnel for this purpose to any person required to begin the treatment and counseling while confined in a facility of the department.

(7) No treatment provided for under this section shall be administered until the person has been fully informed of the effect of hormonal chemical treatment and any side effects and material risks that may result from it, and has voluntarily consented to the treatment and acknowledged the receipt of this information in writing.

(8) Nothing in this section shall require an employee of the department of public safety who is a physician licensed under chapter 453 or 460 to participate against that person's will in the administration of this section.

(9) Any physician or qualified mental health professional who acts in good faith in compliance with this section in the administration of treatment or provision of counseling provided for in this section shall be immune from civil or criminal liability for that person's actions in connection with the treatment or counseling.

(10) The department of public safety shall adopt rules pursuant to chapter 91 to provide for the effective administration and implementation of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.