HOUSE BILL 128
56th legislature - STATE OF NEW MEXICO - first session, 2023
Stefani Lord and John Block
RELATING TO CRIMINAL SENTENCING; PROVIDING FOR CHEMICAL CASTRATION AS A CONDITION OF PAROLE FOR CERTAIN SEX OFFENDERS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] CHEMICAL CASTRATION AS A CONDITION OF PAROLE.--
A. Subject to Section 31-21-10 NMSA 1978, as a condition of parole, a court shall order a person convicted of a sex offense pursuant to Sections 30-9-11 through 30-9-13 NMSA 1978 to undergo chemical castration treatment in addition to any other punishment prescribed for that offense or any other provision of law.
B. A person required to undergo chemical castration treatment shall begin the treatment not less than one month prior to the person's release from custody of the corrections department and shall continue receiving treatment until the court determines the treatment is no longer necessary. The treatment shall be administered by the department of health.
C. The person shall pay for all of the costs associated with the chemical castration treatment. The cost of the treatment shall be in addition to any court costs; assessments for the crime victims reparation fund; drug, alcohol or anger management treatments required by law; restitution; or costs of supervision of the treatment. A person may not be denied parole based solely on the person's inability to pay for the costs associated with the treatment required under this section.
D. If a person required to receive chemical castration treatment under this section, upon application, claims indigency, the person shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the person to be indigent, any fees or costs shall not be waived or remitted unless the person proves to the reasonable satisfaction of the court that the person is not capable of paying the fees or costs within the reasonably foreseeable future. In the event the person is determined to be indigent, a periodic review of the person's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
E. In addition to any condition of parole under Subsection A of this section, as a condition of parole, a person released on parole under this section shall authorize the department of health to share with the parole board all medical records relating to the person's chemical castration treatment. A person may elect to stop receiving the treatment at any time and may not be forced to receive the treatment; provided that the refusal shall constitute a violation of the person's parole and the person shall be immediately remanded to the custody of the corrections department for the remainder of the sentence from which the person was paroled.
F. Prior to the administration of any chemical castration treatment, the court shall inform the person about the effect of the treatment and any side effects that may result from it. The person shall sign a written acknowledgment of receipt of the information.
G. Only an employee of the department of health may administer the treatment.
H. A person who intentionally stops receiving the treatment required under this section is guilty of a fourth degree felony.
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