Senate Bill No. 31

Introduced By jenkins

A Bill for an Act entitled: An Act providing for chemical treatment of certain sex offenders; and providing applicability dates.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Chemical treatment of sex offenders. (1) A person convicted of a first offense under 45-5-502(3), 45-5-503(3), or 45-5-507(4) may, in addition to the sentence imposed under those sections, be sentenced to undergo medroxyprogesterone acetate treatment or its chemical equivalent, administered by the department of corrections or its agent pursuant to subsection (4).

(2) A person convicted of a second or subsequent offense under 45-5-502(3), 45-5-503, or 45-5-507 may, in addition to the sentence imposed under those sections, be sentenced to undergo medroxyprogesterone acetate treatment or its chemical equivalent, administered by the department of corrections or its agent pursuant to subsection (4).

(3) A person convicted of a first or subsequent offense under 45-5-502, 45-5-503, or 45-5-507 who is not sentenced to undergo medroxyprogesterone acetate treatment or its chemical equivalent may voluntarily undergo such treatment, which must be administered by the department of corrections or its agent and paid for by the department of corrections.

(4) Treatment under subsection (1) or (2) must begin 1 week before release from confinement and must continue until the department of corrections determines that the treatment is no longer necessary. Failure to continue treatment as ordered by the department 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 10 years or more than 100 years.

(5) Prior to chemical treatment under this section, the person must be fully medically informed of its effects.

(6) A state employee who is a professional medical person may not be compelled against the employee's wishes to administer chemical treatment under this section.

Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 5, part 5, and the provisions of Title 45 apply to [section 1].

Section 3.  Applicability. [Section 1] applies to offenses committed after [the effective date of this act], except that subsection (3) of [section 1] also applies to offenses committed before [the effective date of this act].

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