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:

  Section 1. The penal law is amended by adding a new section  70.11  to
read as follows:
S 70.11 CHEMICAL TREATMENT OF SEX OFFENDERS.
  1. (A) A PERSON CONVICTED OF A FIRST VIOLENT FELONY SEX OFFENSE PURSU-
ANT  TO  ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER AND WHICH OFFENSE IS
ALSO DEFINED AS A VIOLENT FELONY PURSUANT TO SECTION 70.02 OF THIS ARTI-
CLE MAY BE SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREAT-
MENT OR ITS CHEMICAL EQUIVALENT, ACCORDING TO  A  SCHEDULE  OF  ADMINIS-
TRATION MONITORED BY THE DEPARTMENT OF CORRECTIONAL SERVICES.
  (B)  A  PERSON  CONVICTED  OF  A  VIOLENT  FELONY SEX OFFENSE SHALL BE
SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR  ITS
CHEMICAL  EQUIVALENT ACCORDING TO A SCHEDULE OF ADMINISTRATION MONITORED
BY THE DEPARTMENT OF CORRECTIONAL SERVICES  WHEN  THE  DEFENDANT  HAS  A
PRIOR CONVICTION OF A VIOLENT FELONY SEX OFFENSE.
  (C)  A  PERSON  CONVICTED  OF  A FIRST OFFENSE WHO IS NOT SENTENCED TO
UNDERGO MEDROXYPROGESTERONE ACETATE  (MPA)  TREATMENT  OR  ITS  CHEMICAL
EQUIVALENT,  MAY  VOLUNTARILY UNDERGO SUCH TREATMENT UPON WRITTEN MOTION
BY  THE  DEFENDANT  PROVIDING  THE  DEFENDANT'S  KNOWING  AND  VOLUNTARY
CONSENT.  IF THE COURT SENTENCES A DEFENDANT TO BE TREATED WITH MEDROXY-
PROGESTERONE ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, THE  PENALTY  MAY
NOT  BE  ISSUED  IN  LIEU OF, OR REDUCE, ANY OTHER PENALTY.  HOWEVER, IN
LIEU OF TREATMENT WITH MEDROXYPROGESTERONE ACETATE (MPA) OR ITS CHEMICAL
EQUIVALENT, THE COURT  MAY  ORDER  THE  DEFENDANT  TO  UNDERGO  PHYSICAL
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

ANT'S KNOWING AND VOLUNTARY CONSENT TO PHYSICAL CASTRATION AS AN  ALTER-
NATIVE PENALTY.
  2. (A) AN ORDER OF THE COURT SENTENCING A DEFENDANT TO MEDROXYPROGEST-
ERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT, UNDER SUBDIVI-
SION  ONE  OF THIS SECTION SHALL BE CONTINGENT UPON A DETERMINATION BY A
COURT APPOINTED MEDICAL EXPERT THAT  THE  DEFENDANT  IS  AN  APPROPRIATE
CANDIDATE  FOR  TREATMENT,  AND TO PROVIDE THAT A DEFENDANT SENTENCED TO
PROBATION WHO IS NOT IN CUSTODY SHALL BE RETURNED TO  CUSTODY  FOR  SUCH
TREATMENT, TO PROVIDE THAT NO SUCH TREATMENT SHALL BE ADMINISTERED UNTIL
SUCH  PERSON  HAS BEEN FULLY INFORMED OF THE SIDE EFFECTS OF MEDROXYPRO-
GESTERONE ACETATE (MPA) TREATMENT OR ITS  CHEMICAL  EQUIVALENT  AND  HAS
CONSENTED  THERETO IN WRITING. SUCH DETERMINATION IS TO BE MADE NO LATER
THAN SIXTY DAYS FROM THE IMPOSITION OF THE SENTENCE.  THE ORDER  OF  THE
COURT SENTENCING A DEFENDANT TO MEDROXYPROGESTERONE ACETATE (MPA) TREAT-
MENT  OR ITS CHEMICAL EQUIVALENT SHALL SPECIFY THE DURATION OF TREATMENT
FOR A SPECIFIC TERM OF YEARS, OR UNTIL SUCH PERSON DEMONSTRATES  TO  THE
BOARD OF PAROLE THAT THIS TREATMENT IS NO LONGER NECESSARY.
  (B)  THE  PHYSICIAN ADMINISTERING MEDROXYPROGESTERONE ACETATE (MPA) OR
ITS CHEMICAL EQUIVALENT SHALL PROVIDE A REPORT AND RECOMMENDATION TO THE
BOARD OF PAROLE REGARDING THE APPROPRIATENESS OF  CONTINUED  MEDROXYPRO-
GESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT ON AN ANNU-
AL BASIS.
  (C)  IN ALL CASES INVOLVING DEFENDANTS SENTENCED TO A PERIOD OF INCAR-
CERATION,  THE  ADMINISTRATION  OF  TREATMENT  WITH  MEDROXYPROGESTERONE
ACETATE  (MPA)  OR ITS CHEMICAL EQUIVALENT SHALL COMMENCE NOT LATER THAN
ONE WEEK PRIOR TO THE DEFENDANT'S RELEASE FROM PRISON OR OTHER  INSTITU-
TION.
  3.  THE DEPARTMENT OF CORRECTIONAL SERVICES SHALL PROVIDE THE SERVICES
NECESSARY TO ADMINISTER MEDROXYPROGESTERONE ACETATE (MPA)  TREATMENT  OR
ITS  CHEMICAL  EQUIVALENT.  A PHYSICAL OR MENTAL HEALTH PROFESSIONAL MAY
REFUSE TO ADMINISTER SUCH TREATMENT AND ANY PHYSICAL  OR  MENTAL  HEALTH
PROFESSIONAL  THAT  ACTS IN GOOD FAITH IN COMPLIANCE WITH THE PROVISIONS
OF THIS SECTION SHALL BE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR HIS
OR HER ACTIONS IN COMPLIANCE WITH THIS TREATMENT.  NOTHING CONTAINED  IN
THIS  SECTION SHALL BE CONSTRUED TO REQUIRE THE CONTINUED ADMINISTRATION
OF MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR  ITS  CHEMICAL  EQUIV-
ALENT WHEN IT IS NOT MEDICALLY APPROPRIATE.
  IF  MEDROXYPROGESTERONE  ACETATE  (MPA)  OR ITS CHEMICAL EQUIVALENT IS
REQUIRED, THE COST OF SUCH TREATMENT SHALL  BE  BORNE  BY  THE  OFFENDER
BASED UPON SUCH OFFENDER'S ABILITY TO PAY.
  4.  AS  USED  IN  THIS  SECTION  THE  TERM  "PRIOR CONVICTION" MEANS A
CONVICTION FOR WHICH SENTENCE WAS IMPOSED SEPARATELY PRIOR TO THE  IMPO-
SITION  OF  THE SENTENCE FOR THE CURRENT OFFENSE AND WHICH WAS SENTENCED
SEPARATELY FROM ANY OTHER CONVICTION THAT IS TO BE COUNTED  AS  A  PRIOR
CONVICTION UNDER THIS SECTION.
  5.  IF A DEFENDANT WHOM THE COURT HAS SENTENCED TO MEDROXYPROGESTERONE
ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, FAILS OR REFUSES TO:
  (A) APPEAR AS REQUIRED BY THE DEPARTMENT OF CORRECTIONAL SERVICES  FOR
THE  PURPOSE  OF  ADMINISTERING THE MEDROXYPROGESTERONE ACETATE (MPA) OR
ITS CHEMICAL EQUIVALENT; OR
  (B) ALLOW THE ADMINISTRATION OF MEDROXYPROGESTERONE ACETATE  (MPA)  OR
ITS CHEMICAL EQUIVALENT;
  THE DEFENDANT SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall  not  affect,

S. 2540                             3

impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  part  thereof  directly  involved  in  the controversy in which such
judgement  shall  have  been  rendered.  It is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.