H 3090 General Bill, By Simrill, Bailey, Moody-Lawrence, Robinson and Seithel

Similar(H 3159)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-745 SO AS TO PROVIDE THAT THE PUNISHMENT FOR CERTAIN FIRST OFFENSE SEX
 OFFENDERS RELEASED INTO A COMMUNITY SUPERVISION PROGRAM OR ON PAROLE MAY
 UNDERGO MEDROXYPROGESTERONE ACETATE TREATMENT OR ITS CHEMICAL EQUIVALENT, THAT
 THE PUNISHMENT FOR CERTAIN SECOND OFFENSE SEX OFFENDERS RELEASED INTO A
 COMMUNITY SUPERVISION PROGRAM OR ON PAROLE IS MEDROXYPROGESTERONE ACETATE
 TREATMENT OR ITS CHEMICAL EQUIVALENT, THAT CERTAIN SEX OFFENDERS RELEASED INTO
 A COMMUNITY SUPERVISION PROGRAM OR ON PAROLE ARE EXEMPT FROM THE PROVISIONS OF
 THIS SECTION, AND THAT THE DEPARTMENT OF CORRECTIONS SHALL ADMINISTER THE
 PROVISIONS OF THIS SECTION AND PROVIDE CERTAIN NOTICE TO A PERSON SUBJECT TO
 THE PROVISIONS OF THIS SECTION.

   12/18/96  House  Prefiled
   12/18/96  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-43
   01/14/97  House  Referred to Committee on Judiciary HJ-44

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-745 SO AS TO PROVIDE THAT THE PUNISHMENT FOR CERTAIN FIRST OFFENSE SEX OFFENDERS RELEASED INTO A COMMUNITY SUPERVISION PROGRAM OR ON PAROLE MAY UNDERGO MEDROXYPROGESTERONE ACETATE TREATMENT OR ITS CHEMICAL EQUIVALENT, THAT THE PUNISHMENT FOR CERTAIN SECOND OFFENSE SEX OFFENDERS RELEASED INTO A COMMUNITY SUPERVISION PROGRAM OR ON PAROLE IS MEDROXYPROGESTERONE ACETATE TREATMENT OR ITS CHEMICAL EQUIVALENT, THAT CERTAIN SEX OFFENDERS RELEASED INTO A COMMUNITY SUPERVISION PROGRAM OR ON PAROLE ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION, AND THAT THE DEPARTMENT OF CORRECTIONS SHALL ADMINISTER THE PROVISIONS OF THIS SECTION AND PROVIDE CERTAIN NOTICE TO A PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-745. (A) A male individual convicted of a first offense of a crime contained in subsection (C), in which the victim is under thirteen years of age, upon release into a community supervision program or parole, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense at the discretion of the court.

(B) A male individual convicted of a second offense of a crime contained in subsection (C), in which the victim is under thirteen years of age, upon release into a community supervision program or on parole, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense.

(C) This section applies to the following offenses:

(1) criminal sexual conduct in the first degree (Section 16-3-652);

(2) criminal sexual conduct in the second degree (Section 16-3-653);

(3) criminal sexual conduct in the third degree (Section 16-3-654);

(4) criminal sexual conduct with minors (Section 16-3-655); and

(5) assaults with intent to commit criminal sexual conduct (Section 16-3-656).

(D) A male individual subject to the provisions contained in this section shall begin medroxyprogesterone acetate treatment one week before his release into a community supervision program or on parole and shall continue treatments until the Department of Corrections demonstrates to the Board of Probation, Parole, and Pardon Services that this treatment is not necessary.

(E) If a male individual subject to the provisions contained in this section voluntarily undergoes a permanent surgical alternative to hormonal chemical treatment for sex offenders, he is not subject to the terms of this section.

(F) The Department of Corrections shall administer the provisions of this section. This section does not require a physician or surgeon employed by the department to participate against his will in the administration of the provisions of this section.

(G) A male individual subject to the provisions contained in this section must:

(1) be informed about the effect of hormonal chemical treatment and any side effects that may result from it; and

(2) acknowledge the receipt of this information."

SECTION 2. This act takes effect upon approval by the Governor.