Chapter 435 Oregon Laws 1999
Session Law
AN ACT
HB 2500
Relating to criminal
sentencing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The Department of Corrections shall
establish a pilot treatment program for persons convicted of sex crimes who are
eligible for parole or post-prison supervision. The purpose of the program is
to reduce the risk of reoffending after release on parole or post-prison
supervision by providing, each year, 40 to 50 persons convicted of sex crimes
with hormone or antiandrogen, such as medroxyprogesterone acetate, treatment.
(2) Under the program the
department shall:
(a) Screen persons convicted
of sex crimes who are eligible for release within six months on parole or
post-prison supervision to determine their suitability for hormone or
antiandrogen treatment upon release;
(b) Refer persons found most
likely to benefit from hormone or antiandrogen treatment to a competent
physician for medical evaluation; and
(c) Refer those persons,
unless medically contraindicated after the evaluation by a competent physician,
to a community physician to begin hormone or antiandrogen treatment upon their
release on parole or post-prison supervision.
(3) The State Board of
Parole and Post-Prison Supervision shall require as a condition of parole or
post-prison supervision hormone or antiandrogen treatment during all or a
portion of parole or post-prison supervision of persons required to participate
in the hormone or antiandrogen treatment program described in subsection (2) of
this section.
(4) A person required to
undergo a treatment program under subsection (2) of this section violates a
condition of parole or post-prison supervision and is subject to sanctions if
the person:
(a) Fails to cooperate in
the treatment program required under subsection (2) of this section; or
(b) Takes any steroid or
other chemical to counteract the treatment required under subsection (2) of
this section.
SECTION 2. (1) The Department of Corrections shall
adopt rules to implement and enforce the program of hormone or antiandrogen,
such as medroxyprogesterone acetate, treatment under section 1 of this 1999
Act. Rules adopted under this subsection shall include, but not be limited to:
(a) A requirement that the
offender be informed of the effect of the treatment program, including any side
effects that may result from the treatment program;
(b) A requirement that the
offender acknowledge receipt of the information the department is required to
present to the offender under paragraph (a) of this subsection;
(c) Procedures to monitor
compliance with the treatment program; and
(d) Procedures to test for
attempts to counteract the treatment program that may include chemical testing
of the offender's blood and urine.
(2) A supervisory authority
defined under ORS 144.087 may contract with community physicians, laboratories
or other medical service providers to administer the program of hormone or
antiandrogen treatment under section 1 of this 1999 Act or to monitor
compliance with the treatment program.
SECTION 3. A person required to undergo a program of
hormone or antiandrogen, such as medroxyprogesterone acetate, treatment under
section 1 of this 1999 Act shall pay all costs of the program directly to the
agency or organization administering the treatment program.
SECTION 4. The Department of Corrections shall
complete a comprehensive evaluation of the pilot program described in sections
1 and 2 of this 1999 Act and shall report the results of the evaluation to the
Seventy-first Legislative Assembly.
SECTION 5. Nothing in section 1 or 2 of this 1999 Act
prohibits the State Board of Parole and Post-Prison Supervision from requiring
hormone or antiandrogen treatment for a person whom the Department of
Corrections did not screen or evaluate as described in section 1 of this 1999
Act.
Approved by the Governor
July 1, 1999
Filed in the office of
Secretary of State July 2, 1999
Effective date October 23,
1999
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