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Rs 14:43.6 Administration Of Medroxyprogesterone Acetate (Mpa) To Certain Sex Offenders

§43.6. Administration of medroxyprogesterone acetate (MPA) to certain sex offenders

A. Notwithstanding any other provision of law to the contrary, upon a first

conviction of R.S. 14:42 (aggravated or first degree rape), R.S. 14:42.1 (forcible or second

degree rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1) (molestation

of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated

crime against nature), the court may sentence the offender to be treated with

medroxyprogesterone acetate (MPA), according to a schedule of administration monitored

by the Department of Public Safety and Corrections.

B.(1) Notwithstanding any other provision of law to the contrary, upon a second or

subsequent conviction of R.S. 14:42 (aggravated or first degree rape) , R.S. 14:42.1 (forcible

or second degree rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1)

(molestation of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1

(aggravated crime against nature), the court shall sentence the offender to be treated with

medroxyprogesterone acetate (MPA) according to a schedule of administration monitored

by the Department of Public Safety and Corrections.

(2) If the court sentences a defendant to be treated with medroxyprogesterone acetate

(MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed

by law. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court

may order the defendant to undergo physical castration provided the defendant file a written

motion with the court stating that he intelligently and knowingly, gives his voluntary consent

to physical castration as an alternative to the treatment.

C.(1) An order of the court sentencing a defendant to medroxyprogesterone acetate

(MPA) treatment under this Section, shall be contingent upon a determination by a court

appointed medical expert, that the defendant is an appropriate candidate for treatment. This

determination shall be made not later than sixty days from the imposition of sentence. An

order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment

shall specify the duration of treatment for a specific term of years, or in the discretion of the

court, up to the life of the defendant.

(2) In all cases involving defendants sentenced to a period of incarceration or

confinement in an institution, the administration of treatment with medroxyprogesterone

acetate (MPA) shall commence not later than one week prior to the defendant's release from

prison or such institution.

(3) The Department of Public Safety and Corrections shall provide the services

necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing in this

Section shall be construed to require the continued administration of medroxyprogesterone

acetate (MPA) treatment when it is not medically appropriate.

(4) If a defendant whom the court has sentenced to be treated with

medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public

Safety and Corrections for purposes of administering the medroxyprogesterone acetate

(MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA),

then the defendant shall be charged with a violation of the provisions of this Section. Upon

conviction, the offender shall be imprisoned, with or without hard labor, for not less than

three years nor more than five years without benefit of probation, parole, or suspension of

sentence.

(5) If a defendant whom the court has sentenced to be treated with

medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug

or other substance to reverse the effects of the treatment, he shall be held in contempt of

court.

Acts 2008, No. 441, §1, eff. June 25, 2008; Acts 2011, No. 67, §1; Acts 2014, No.

602, §4, eff. June 12, 2014; Acts 2015, No. 184, §1.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
acetate
medroxyprogesterone
defendant
treatment
administration
safety
corrections
physical
castration
mpa