H. B. 4012
(By Delegate Gillespie)
[Introduced January 15, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article eight-b, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nineteen, relating to providing for chemical treatment or
surgical castration of certain sex offenders; penalty for
refusal to submit to chemical treatment or surgical
castration; and medical disclosure requirement.
Be it enacted by the Legislature of West Virginia:
That article eight-b, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-19. Chemical treatment and surgical castration of sex offenders.
(a) A person convicted of a first offense under section
three, four or seven of this article may, in addition to the
sentence imposed under these sections, be sentenced to undergo
medroxyprogesterone acetate treatment or its chemical equivalent,
to be administered by the division of corrections or its agent
pursuant to subsection (d).
(b) A person convicted of a second or subsequent offense
under section three or four of this article shall, in addition to
the sentence imposed under these sections, be sentenced to
undergo medroxyprogesterone acetate treatment or its chemical
equivalent, to be administered by the division of corrections or
its agent pursuant to subsection (d). A person sentenced under
this subsection to undergo medroxyprogesterone acetate treatment
or its chemical equivalent may instead voluntarily submit to
surgical castration, to be administered by the division of
corrections or its agent.
(c) A person convicted of a first or subsequent offense
under article eight-b who is not sentenced to undergo
medroxyprogesterone acetate treatment or its chemical equivalent
may voluntarily undergo such treatment, to be administered by the
division of corrections or its agent.
(d) Treatment under subsection (a) or (b) shall begin prior to release from confinement, and unless the person voluntarily
undergoes surgical castration, shall continue until the division
of corrections determines that the treatment is no longer
necessary. Failure to continue treatment as ordered by the
division of corrections constitutes a criminal contempt of court
for failure to comply with the sentence, for which the sentencing
court shall impose a term of incarceration without possibility of
parole of not less than fifteen years or more than one hundred
years.
(e) A person who is to undergo chemical treatment or
surgical castration under this section shall receive informed
medical disclosure as to the effects of these medical procedures
prior to their undertaking.
NOTE: The purpose of this bill is to provide for "chemical
castration" or surgical castration of certain sex offenders.
This section is new; therefore, strike-throughs and
underscoring have been omitted.