PRINTER'S NO. 1463
No. 1061 Session of 2006
INTRODUCED BY REGOLA, KITCHEN, SCARNATI, D. WHITE, PIPPY, EARLL, RAFFERTY, WOZNIAK AND RHOADES, JANUARY 24, 2006
REFERRED TO JUDICIARY, JANUARY 24, 2006
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 § 9718.2. 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 under 13 years of age 12 shall, prior to sentencing, be committed to the custody of the 13 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. 20060S1061B1463 - 2 -
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 20060S1061B1463 - 3 -
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 fee. 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. § 9718.2 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 9718.2(a) in which the victim is a child under 13 years of age. 14 Section 3. This act shall take effect in 60 days. A9L42MSP/20060S1061B1463 - 4 -