First Regular Session

Sixty-first General Assembly

LLS NO. 97­0150.01 JBB HOUSE BILL 97­1133

STATE OF COLORADO

BY REPRESENTATIVES Dean, Schwarz, Agler, Allen, Arrington, Epps, S. Johnson, Lamborn, Lawrence, May, McElhany, Musgrave, Pankey, Salaz, and Sullivant;

also SENATORS Coffman, B. Alexander, Mutzebaugh, and Powers.

ENGROSSED

STATE, VETERANS &

MILITARY AFFAIRS

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING PENALTIES FOR UNLAWFUL SEXUAL BEHAVIOR AGAINST CHILDREN.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Permits a trial court to sentence a person convicted of specified sexual offenses against children to chemical castration upon parole. Requires a person convicted of a second or subsequent specified sexual offense against children to be sentenced to chemical castration upon parole. Prohibits a person sentenced to chemical castration from taking steroids or other chemicals to counteract the treatment. Authorizes surgical castration at the option of the offender. Directs the state board of parole to establish rules to implement the punishment.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Part 4 of article 3 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

18­3­412.1.  Penalties for sex offenses against children. (1)  AS USED IN THIS SECTION, "UNLAWFUL SEXUAL OFFENSE AGAINST CHILDREN" MEANS SEXUAL ASSAULT IN THE FIRST DEGREE, AS DEFINED IN SECTION 18­3­402, WHEN THE VICTIM AT THE TIME OF THE COMMISSION OF THE ACT IS A CHILD LESS THAN FIFTEEN YEARS OF AGE; SEXUAL ASSAULT IN THE SECOND DEGREE, AS DEFINED IN SECTION 18­3­403 (1) (a), (1) (b), (1) (c), (1) (d), (1) (g), OR (1) (h), WHEN THE VICTIM AT THE TIME OF THE COMMISSION OF THE ACT IS A CHILD LESS THAN FIFTEEN YEARS OF AGE; FELONY SEXUAL ASSAULT IN THE THIRD DEGREE, AS DEFINED IN SECTION 18­3­404 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f), OR (1) (g), WHEN THE VICTIM AT THE TIME OF THE COMMISSION OF THE ACT IS A CHILD LESS THAN FIFTEEN YEARS OF AGE; SEXUAL ASSAULT ON A CHILD, AS DEFINED IN SECTION 18­3­405 THAT CONSTITUTE A CLASS 3 FELONY; SEXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST, AS DEFINED IN SECTION 18­3­405.3; AGGRAVATED INCEST, AS DEFINED IN SECTION 18­6­302; OR CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE ACTS SPECIFIED IN THIS SUBSECTION (1).

(2)  IN ADDITION TO ANY OTHER PUNISHMENT, ANY PERSON CONVICTED OF AN UNLAWFUL SEXUAL OFFENSE AGAINST CHILDREN COMMITTED ON OR AFTER JULY 1, 1997, MAY BE SENTENCED AT THE DISCRETION OF THE COURT TO UNDERGO, UPON PAROLE, WHEN CLINICALLY APPROPRIATE, SEX OFFENDER SPECIFIC TREATMENT WITH MEDROXYPROGESTERONE, SEROTONIN RE­UPTAKE INHIBITORS, THEIR CHEMICAL EQUIVALENT, OR OTHER SIMILAR MEDICATION PRESCRIBED FOLLOWING A PSYCHIATRIC EVALUATION FROM A PSYCHIATRIST SELECTED BY A SUPERVISING OFFICER.

(3)  IN ADDITION TO ANY OTHER PUNISHMENT, ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT UNLAWFUL SEXUAL OFFENSE AGAINST CHILDREN COMMITTED ON OR AFTER JULY 1, 1997, SHALL BE SENTENCED TO UNDERGO, UPON PAROLE, WHEN CLINICALLY APPROPRIATE, SEX OFFENDER SPECIFIC TREATMENT WITH MEDROXYPROGESTERONE, SEROTONIN RE­UPTAKE INHIBITORS, THEIR CHEMICAL EQUIVALENT, OR OTHER SIMILAR MEDICATION PRESCRIBED FOLLOWING A PSYCHIATRIC EVALUATION FROM A PSYCHIATRIST SELECTED BY A SUPERVISING OFFICER.

(4)  ANY PERSON SENTENCED TO UNDERGO TREATMENT PURSUANT TO SUBSECTION (2) OR (3) OF THIS SECTION SHALL NOT TAKE ANY STEROID OR OTHER CHEMICAL TO COUNTERACT THE TREATMENT UNLESS SPECIFICALLY AUTHORIZED BY THE STATE BOARD OF PAROLE.

(5)  A PERSON SENTENCED PURSUANT TO SUBSECTION (2) OR (3) OF THIS SECTION SHALL BEGIN THE TREATMENT UPON THE PERSON'S RELEASE FROM CONFINEMENT IN A STATE CORRECTIONAL FACILITY AND SHALL CONTINUE TREATMENTS UNTIL THE STATE BOARD OF PAROLE DETERMINES THAT SUCH TREATMENT IS NO LONGER NECESSARY OR THE PERSON IS RELEASED FROM PAROLE, WHICHEVER IS EARLIER. ANY PERSON WHO REFUSES TO BEGIN THE TREATMENT SHALL BE DENIED RELEASE ON PAROLE UNTIL THE PERSON BEGINS THE TREATMENT OR SERVES THE ENTIRE LENGTH OF THE PERSON'S SENTENCE.

(6)  IF A PERSON VOLUNTARILY UNDERGOES A PERMANENT, SURGICAL ALTERNATIVE TO THE TREATMENTS DESCRIBED IN SUBSECTIONS (2) OR (3) OF THIS SECTION, THE PERSON SHALL NOT BE SUBJECT TO THIS SECTION.

SECTION 2.  17­2­201 (5), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

17­2­201.  State board of parole.  (5) (h) (I)  AS A CONDITION OF PAROLE, UNLESS THE OFFENDER HAS UNDERGONE A PERMANENT SURGICAL ALTERNATIVE, THE BOARD SHALL REQUIRE ANY OFFENDER SENTENCED TO UNDERGO TREATMENT UNDER SECTION 18­3­412.1, C.R.S., TO UNDERGO SUCH TREATMENT AND TO REFRAIN FROM TAKING ANY STEROID OR OTHER CHEMICAL TO COUNTERACT THE TREATMENT UNLESS SPECIFICALLY AUTHORIZED BY THE BOARD.

(II)  THE BOARD SHALL BE RESPONSIBLE FOR ADMINISTERING THE PROVISIONS OF SECTION 18­3­412.1, C.R.S., AND SHALL ADOPT RULES TO IMPLEMENT AND ENFORCE THEM WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:

(A)  A REQUIREMENT THAT THE PERSON BE INFORMED OF THE OPTION TO UNDERGO A PERMANENT, SURGICAL ALTERNATIVE TO THE TREATMENT;

(B)  A REQUIREMENT THAT THE PERSON BE INFORMED OF THE EFFECT OF THE HORMONAL CHEMICAL TREATMENT AND ANY SIDE EFFECTS THAT MAY RESULT FROM IT AND ACKNOWLEDGE RECEIPT OF SUCH INFORMATION;

(C)  METHODS TO MONITOR COMPLIANCE WITH THE REQUIRED TREATMENT AND ANY ATTEMPT TO COUNTERACT THE TREATMENT WHICH MAY INCLUDE CHEMICAL DRUG TESTING OF THE OFFENDER'S BLOOD OR URINE; AND

(D)  A PROVISION THAT NO EMPLOYEE OF THE DEPARTMENT OF CORRECTIONS OR THE BOARD WHO IS A MEDICAL PRACTITIONER LICENSED UNDER ARTICLES 29.5 TO 43 OF TITLE 12, C.R.S., SHALL BE REQUIRED TO PARTICIPATE IN THE ADMINISTRATION OF THE PROVISIONS OF THIS SECTION.

(III)  A PERSON SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH (h) FOUND NOT TO HAVE TAKEN THE REQUIRED TREATMENT OR TO HAVE TAKEN UNAUTHORIZED STEROIDS OR OTHER CHEMICALS TO COUNTERACT THE TREATMENT OR REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS TAKING THE REQUIRED TREATMENT OR ATTEMPTING TO COUNTERACT THE TREATMENT SHALL BE ARRESTED AND REVOCATION PROCEEDINGS SHALL BE INITIATED PURSUANT TO SECTION 17­2­103.

(IV)  THE BOARD MAY ENTER INTO ONE OR MORE CONTRACTS WITH PRIVATE LABORATORIES OR OTHER MEDICAL SERVICE PROVIDERS TO ADMINISTER OR MONITOR COMPLIANCE WITH THIS PARAGRAPH (h).

(V)  TO THE EXTENT POSSIBLE, THE COSTS ASSOCIATED WITH THIS PARAGRAPH (h) SHALL BE PAID BY THE OFFENDER.

SECTION 3.  18­1­105, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

18­1­105.  Felonies classified ­ presumptive penalties. (9.8)  ANY PERSON CONVICTED OF AN UNLAWFUL SEXUAL OFFENSE AGAINST CHILDREN AS DEFINED IN SECTION 18­3­412.1 (1), IN ADDITION TO THE PENALTIES DESCRIBED IN THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 18­3­412.1.

SECTION 4.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  This act shall apply to offenses committed on or after the effective date specified in subsection (1) of this section.