PRINTER'S NO. 1680
No. 1235 Session of 2008
INTRODUCED BY REGOLA, WASHINGTON, SCARNATI, EARLL, PICCOLA,
KITCHEN, D. WHITE, ROBBINS, EICHELBERGER, RHOADES AND
WOZNIAK, JANUARY 14, 2008
REFERRED TO JUDICIARY, JANUARY 14, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 chemical treatment of certain sex offenders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 9718.4. Chemical treatment of certain sex offenders.
9 (a) Determination.--A person convicted of any of the
10 following offenses under 18 Pa.C.S. (relating to crimes and
11 offenses) in which the victim is a child 16 years of age and
12 under shall, prior to sentencing, be committed to the custody of
13 the Department of Corrections to undergo an evaluation by a
14 qualified, licensed psychiatrist who shall notify the court
15 whether that person is an appropriate candidate to undergo
16 medically safe medroxyprogesterone acetate treatment or its
17 chemical equivalent or other appropriate, medically safe drug
18 treatment that reduces sexual fantasies, sex drive or both:
1 (1) Section 3121 (relating to rape).
2 (2) Section 3123 (relating to involuntary deviate sexual
3 intercourse).
4 (3) Section 3124.1 (relating to sexual assault).
5 (4) Section 3124.2 (relating to institutional sexual
6 assault).
7 (5) Section 3125 (relating to aggravated indecent
8 assault).
9 (6) Section 3126 (relating to indecent assault).
10 (7) Section 4302 (relating to incest).
11 (b) Order.--If a person is determined to be an appropriate
12 candidate under subsection (a), the court:
13 (1) For a first or subsequent offense, shall order
14 treatment if the person was convicted of one of the offenses
15 under subsection (a)(1), (2) or (5).
16 (2) For a first offense, may order treatment if the
17 person was convicted of one of the offenses under subsection
18 (a)(3), (4), (6) or (7).
19 (3) For a second or subsequent offense, shall order
20 treatment if the person was convicted of one of the offenses
21 under subsection (a)(3), (4), (6) or (7).
22 (c) Administration.--Treatment under this section shall
23 occur under the supervision of the entity charged with
24 supervision of the person. Treatment shall be administered by
25 the Department of Corrections or one of its agents and shall be
26 paid for, to the extent possible, by the person receiving the
27 treatment. The Department of Corrections, at the expense of the
28 Commonwealth, may provide for the reduction, deferral or waiver
29 of payment if the person is financially unable to pay for the
30 treatment.
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1 (d) Initiation.--Treatment under this section must begin at
2 least two months prior to the person being released or released
3 on parole from a State or county correctional institution or
4 immediately upon the commencement of a sentence of intermediate
5 punishment or probation.
6 (e) Notice.--Prior to beginning treatment under this
7 section, a person must be fully, medically informed of the
8 effects, including known side effects, of the treatment. The
9 person subject to treatment shall acknowledge receipt of this
10 information in writing.
11 (f) Testing.--A person subject to treatment under this
12 section shall undergo random testing at least three times during
13 each 12-month period as directed by the supervising entity under
14 subsection (c), in order to assist in determining the
15 effectiveness of the treatment and to enforce the conditions of
16 the sentence. Failure to report for testing as directed shall be
17 considered a violation of the terms and conditions of the
18 person's sentence, and the person shall be sentenced to a term
19 of imprisonment of not less than ten years.
20 (g) Duration.--Treatment under this section shall continue
21 until the court determines, by clear and convincing evidence,
22 that treatment is no longer necessary or appropriate for the
23 affected person.
24 (h) Continuation.--Failure to continue treatment as ordered
25 by the court shall constitute a violation of the terms and
26 conditions of the sentence and the person shall be sentenced to
27 a term of imprisonment of not less than ten years.
28 (i) Alternative treatment.--A person determined to be an
29 appropriate candidate under subsection (a) may voluntarily
30 choose to undergo surgical castration as an alternative to
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1 chemical treatment. The costs for the surgery shall be borne, to
2 the extent possible, by the person choosing to undergo the
3 surgery. The Department of Corrections, at the expense of the
4 Commonwealth, may provide for the reduction, deferral or waiver
5 of payment if the person choosing the surgery is financially
6 unable to pay the costs.
7 (j) State employee.--A State employee who is a professional
8 medical person may not be compelled against the State employee's
9 wishes to administer treatment under this section.
10 Section 2. The addition of 42 Pa.C.S. § 9718.4 shall apply
11 to persons convicted, on or after the effective date of this
12 section, of any of the offenses enumerated in 42 Pa.C.S. §
13 9718.4(a) in which the victim is a child 16 years of age and
14 under.
15 Section 3. This act shall take effect in 60 days.
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