Chemical Castration Now Legal
The bill making chemical castration now legal was explained in an article by Mike Cowan with AL.com.
The article stated, “Governor Kay Ivey signed into law a bill to require sex offenders whose victims are younger than 13 to undergo “chemical castration treatment” as a condition of parole. The treatment consists of taking medication to suppress or block the production of testosterone.
Representative Steve Hurst, (R-Munford) sponsored the bill, and it passed on May 30, the next-to-last day of the legislative session. Governor Ivey signed the bill into law on June 10, 2019.
Hurst had sponsored similar bills for more than a decade and said his intention has always been to stop sexual abuse of children.
“I’m very serious,” Hurst said. “Not only did I want it to pass, but I also want to follow it on through to the future where we can try to improve it. One of the ultimate goals is for us to make sure what medication works for what individuals.”
Hurst said he’s heard from many victims of sexual abuse supporting the effort.
“It’s amazing how many phone calls and how many emails I’ve gotten,” Hurst said. “People not just in the state of Alabama, but all over the world, things they went through.”
Other states have passed similar laws, including California and Florida in the 1990s.
Ivey also signed into law a bill to create a commission of doctors, lawyers, and other professionals to study medical marijuana. Lawmakers passed that on the last day of the session.
It was a scaled-back version of a bill to legalize medical marijuana, which passed the Senate but ran into resistance in the House of Representatives. The study commission bill was a compromise.
The chemical castration law states that sex offenders whose victims were younger than 13 will have to take “medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person’s body.
The law requires the treatment to begin at least one month before a parolee is released. The parolee is required to pay for the treatment unless a court determines he cannot. The Alabama Department of Public Health will administer the treatments.
Randall Marshall, executive director of the ALCU of Alabama, said the chemical castration treatment had been rarely used in other states that have authorized it through law. Marshall thinks it likely violates the ban on cruel and unusual punishment.
“It’s not clear that this has any effect and whether it’s even medically proven,” Marshall said. “When the state starts experimenting on people, I think it runs afoul of the Constitution.”
Hurst said children who are victims of child abuse are affected for the rest of their lives and said those who abuse children should face lifelong consequences.
“What’s more inhumane than molesting a small, infant child?’ Hurst asked.
Hurst said the issue had haunted him since he read an account from a foster care organization about an infant child being molested. His legislation initially called for surgical castration.
Sen Cam Ward (R-Alabaster), who handled Hurst’s bill in the Senate, said the law would apply to a small number of offenders because many who molest children won’t be considered for parole. He believes the treatments will work for those who are, and he supports making chemical castration now legal.
“I think it’s a good law,” Ward said. “I think it’s a good deterrent.”