Bill Text: NY S02540 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the chemical treatment of violent felony sex offenders with medroxyprogesterone acetate (MPA) treatment according to a schedule of administration monitored by the department of correctional services; provides that treatment may be directed by the court sentence or may be voluntary; makes such a treatment sentence contingent on approval by a court appointed medical examiner.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S02540 Detail]
Download: New_York-2009-S02540-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2540 2009-2010 Regular Sessions I N S E N A T E February 23, 2009 ___________ Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to chemical treatment of sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding a new section 70.11 to 2 read as follows: 3 S 70.11 CHEMICAL TREATMENT OF SEX OFFENDERS. 4 1. (A) A PERSON CONVICTED OF A FIRST VIOLENT FELONY SEX OFFENSE PURSU- 5 ANT TO ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER AND WHICH OFFENSE IS 6 ALSO DEFINED AS A VIOLENT FELONY PURSUANT TO SECTION 70.02 OF THIS ARTI- 7 CLE MAY BE SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREAT- 8 MENT OR ITS CHEMICAL EQUIVALENT, ACCORDING TO A SCHEDULE OF ADMINIS- 9 TRATION MONITORED BY THE DEPARTMENT OF CORRECTIONAL SERVICES. 10 (B) A PERSON CONVICTED OF A VIOLENT FELONY SEX OFFENSE SHALL BE 11 SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR ITS 12 CHEMICAL EQUIVALENT ACCORDING TO A SCHEDULE OF ADMINISTRATION MONITORED 13 BY THE DEPARTMENT OF CORRECTIONAL SERVICES WHEN THE DEFENDANT HAS A 14 PRIOR CONVICTION OF A VIOLENT FELONY SEX OFFENSE. 15 (C) A PERSON CONVICTED OF A FIRST OFFENSE WHO IS NOT SENTENCED TO 16 UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL 17 EQUIVALENT, MAY VOLUNTARILY UNDERGO SUCH TREATMENT UPON WRITTEN MOTION 18 BY THE DEFENDANT PROVIDING THE DEFENDANT'S KNOWING AND VOLUNTARY 19 CONSENT. IF THE COURT SENTENCES A DEFENDANT TO BE TREATED WITH MEDROXY- 20 PROGESTERONE ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, THE PENALTY MAY 21 NOT BE ISSUED IN LIEU OF, OR REDUCE, ANY OTHER PENALTY. HOWEVER, IN 22 LIEU OF TREATMENT WITH MEDROXYPROGESTERONE ACETATE (MPA) OR ITS CHEMICAL 23 EQUIVALENT, THE COURT MAY ORDER THE DEFENDANT TO UNDERGO PHYSICAL 24 CASTRATION UPON WRITTEN MOTION BY THE DEFENDANT PROVIDING THE DEFEND- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08881-01-9 S. 2540 2 1 ANT'S KNOWING AND VOLUNTARY CONSENT TO PHYSICAL CASTRATION AS AN ALTER- 2 NATIVE PENALTY. 3 2. (A) AN ORDER OF THE COURT SENTENCING A DEFENDANT TO MEDROXYPROGEST- 4 ERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT, UNDER SUBDIVI- 5 SION ONE OF THIS SECTION SHALL BE CONTINGENT UPON A DETERMINATION BY A 6 COURT APPOINTED MEDICAL EXPERT THAT THE DEFENDANT IS AN APPROPRIATE 7 CANDIDATE FOR TREATMENT, AND TO PROVIDE THAT A DEFENDANT SENTENCED TO 8 PROBATION WHO IS NOT IN CUSTODY SHALL BE RETURNED TO CUSTODY FOR SUCH 9 TREATMENT, TO PROVIDE THAT NO SUCH TREATMENT SHALL BE ADMINISTERED UNTIL 10 SUCH PERSON HAS BEEN FULLY INFORMED OF THE SIDE EFFECTS OF MEDROXYPRO- 11 GESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT AND HAS 12 CONSENTED THERETO IN WRITING. SUCH DETERMINATION IS TO BE MADE NO LATER 13 THAN SIXTY DAYS FROM THE IMPOSITION OF THE SENTENCE. THE ORDER OF THE 14 COURT SENTENCING A DEFENDANT TO MEDROXYPROGESTERONE ACETATE (MPA) TREAT- 15 MENT OR ITS CHEMICAL EQUIVALENT SHALL SPECIFY THE DURATION OF TREATMENT 16 FOR A SPECIFIC TERM OF YEARS, OR UNTIL SUCH PERSON DEMONSTRATES TO THE 17 BOARD OF PAROLE THAT THIS TREATMENT IS NO LONGER NECESSARY. 18 (B) THE PHYSICIAN ADMINISTERING MEDROXYPROGESTERONE ACETATE (MPA) OR 19 ITS CHEMICAL EQUIVALENT SHALL PROVIDE A REPORT AND RECOMMENDATION TO THE 20 BOARD OF PAROLE REGARDING THE APPROPRIATENESS OF CONTINUED MEDROXYPRO- 21 GESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT ON AN ANNU- 22 AL BASIS. 23 (C) IN ALL CASES INVOLVING DEFENDANTS SENTENCED TO A PERIOD OF INCAR- 24 CERATION, THE ADMINISTRATION OF TREATMENT WITH MEDROXYPROGESTERONE 25 ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT SHALL COMMENCE NOT LATER THAN 26 ONE WEEK PRIOR TO THE DEFENDANT'S RELEASE FROM PRISON OR OTHER INSTITU- 27 TION. 28 3. THE DEPARTMENT OF CORRECTIONAL SERVICES SHALL PROVIDE THE SERVICES 29 NECESSARY TO ADMINISTER MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR 30 ITS CHEMICAL EQUIVALENT. A PHYSICAL OR MENTAL HEALTH PROFESSIONAL MAY 31 REFUSE TO ADMINISTER SUCH TREATMENT AND ANY PHYSICAL OR MENTAL HEALTH 32 PROFESSIONAL THAT ACTS IN GOOD FAITH IN COMPLIANCE WITH THE PROVISIONS 33 OF THIS SECTION SHALL BE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR HIS 34 OR HER ACTIONS IN COMPLIANCE WITH THIS TREATMENT. NOTHING CONTAINED IN 35 THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE CONTINUED ADMINISTRATION 36 OF MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIV- 37 ALENT WHEN IT IS NOT MEDICALLY APPROPRIATE. 38 IF MEDROXYPROGESTERONE ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT IS 39 REQUIRED, THE COST OF SUCH TREATMENT SHALL BE BORNE BY THE OFFENDER 40 BASED UPON SUCH OFFENDER'S ABILITY TO PAY. 41 4. AS USED IN THIS SECTION THE TERM "PRIOR CONVICTION" MEANS A 42 CONVICTION FOR WHICH SENTENCE WAS IMPOSED SEPARATELY PRIOR TO THE IMPO- 43 SITION OF THE SENTENCE FOR THE CURRENT OFFENSE AND WHICH WAS SENTENCED 44 SEPARATELY FROM ANY OTHER CONVICTION THAT IS TO BE COUNTED AS A PRIOR 45 CONVICTION UNDER THIS SECTION. 46 5. IF A DEFENDANT WHOM THE COURT HAS SENTENCED TO MEDROXYPROGESTERONE 47 ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, FAILS OR REFUSES TO: 48 (A) APPEAR AS REQUIRED BY THE DEPARTMENT OF CORRECTIONAL SERVICES FOR 49 THE PURPOSE OF ADMINISTERING THE MEDROXYPROGESTERONE ACETATE (MPA) OR 50 ITS CHEMICAL EQUIVALENT; OR 51 (B) ALLOW THE ADMINISTRATION OF MEDROXYPROGESTERONE ACETATE (MPA) OR 52 ITS CHEMICAL EQUIVALENT; 53 THE DEFENDANT SHALL BE GUILTY OF A CLASS A MISDEMEANOR. 54 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 55 sion, section or part of this act shall be adjudged by any court of 56 competent jurisdiction to be invalid, such judgement shall not affect, S. 2540 3 1 impair, or invalidate the remainder thereof, but shall be confined in 2 its operation to the clause, sentence, paragraph, subdivision, section 3 or part thereof directly involved in the controversy in which such 4 judgement shall have been rendered. It is hereby declared to be the 5 intent of the legislature that this act would have been enacted even if 6 such invalid provisions had not been included herein. 7 S 3. This act shall take effect on the first of November next succeed- 8 ing the date on which it shall have become a law.