44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMINAL LAW; REQUIRING AN OFFENDER CONVICTED OF CRIMINAL SEXUAL PENETRATION IN THE FIRST DEGREE TO BE TREATED WITH MEDROXYPROGESTERONE ACETATE; PROVIDING FOR THE OFFENDER'S ELECTION OF PHYSICAL CASTRATION AS AN ALTERNATIVE PUNISHMENT; ENACTING A NEW SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Criminal Sentencing Act is enacted to read:

"[NEW MATERIAL] OFFENDERS CONVICTED OF CRIMINAL SEXUAL PENETRATION IN THE FIRST DEGREE--MANDATORY TREATMENT WITH MEDROXYPROGESTERONE ACETATE--OFFENDER MAY ELECT PHYSICAL CASTRATION AS AN ALTERNATIVE PENALTY--PENALTY FOR NONCOMPLIANCE WITH TREATMENT ORDER.--

A. In addition to all other penalties, a person convicted of criminal sexual penetration in the first degree, as provided in Section 30-9-11 NMSA 1978, shall be treated with medroxyprogesterone acetate pursuant to a schedule of administration monitored by the corrections department.

B. A court order that requires an offender to undergo treatment with medroxyprogesterone acetate shall be contingent upon a determination by a court-appointed medical expert that the offender is an appropriate candidate for the treatment. The medical expert's determination shall be made no later than sixty days following the offender's conviction. A court order that requires an offender to undergo treatment with medroxyprogesterone acetate shall specify the duration of the treatment.

C. Notwithstanding the provisions of Subsection A of this section, the court may order the offender to undergo physical castration if the offender presents the court with a written motion that sets forth the offender's intelligent, knowing and voluntary consent to physical castration as an alternative to treatment with medroxyprogesterone acetate.

D. The corrections department shall provide the services necessary to administer medroxyprogesterone acetate treatment to an offender. The provisions of this section shall not be interpreted to require the continued administration of medroxyprogesterone acetate treatment when it is not medically appropriate.

E. If an offender ordered by a court to undergo treatment with medroxyprogesterone acetate refuses to allow the administration of that treatment, the offender is guilty of a second degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.