Bill proposes chemical castration for some sex offenders in New Mexico

Some sex offenders in New Mexico could be required to undergo chemical castration as a condition of their parole, under a bill proposed by state lawmakers there.

Chemical castration involves taking medication to reduce testosterone, hormones and other chemicals that drive libido.

The bill's sponsors include freshman Republican lawmaker John Block, who told USA TODAY Thursday House Bill 128 would be a  "commonsense step" to protect children from pedophiles.

New Mexico marks the latest state to propose using drugs in an effort to reduce recidivism among child sex offenders.

More than a half-dozen other states already have similar laws in place.

What New Mexico's chemical castration bill says

The proposed legislation would require sex offenders, convicted of crimes involving children, who are eligible for parole to pay for their own chemical castration. If a person cannot afford the treatment, the fees would be waived.

Here are the details:

  • A person required to undergo the treatment would begin the process at least one month prior to their release from a correctional facility.

  • The treatment would continue until a court determines it is no longer necessary.

  • The therapy would be administered by the New Mexico Department of Health and parolees would be required to allow the Health Department to share their medical records with the state Parole Board.

  • Criminals who stop the process before a court determines it is no longer necessary will be charged with a fourth-degree felony for being in violation of their parole.

The Prison Policy Initiative found that New Mexico incarcerates 773 people per 100,000 total population, and if one imagines the state as an independent country, it would have the 19th highest per capita incarceration rate in the world.
The Prison Policy Initiative found that New Mexico incarcerates 773 people per 100,000 total population, and if one imagines the state as an independent country, it would have the 19th highest per capita incarceration rate in the world.

Who sponsored it

State Rep. Stefani Lord, who cosponsored the bill, said the proposed legislation was aimed directly at offenders who have sexually abused children.

"Since pedophiles are eligible for early release in New Mexico, for that privilege, they will need to agree to be chemically castrated as a condition of their parole," the Republican lawmaker said Thursday. "If they don't agree to these terms, they can stay in prison, away from society, and do their entire sentence."

Block added: "With clear science and support from experts in favor of chemical castration of pedophiles, this is the most commonsense legislation to ensure the threat of these criminals is dramatically reduced.”

What states is chemical castration legal in?

Several other states have already passed chemical castration laws including California, the first state to legalize the measure. The state's 1996 law applies to sex offenders who victimize children under the age of 13.

Most recently, in 2019, Alabama Gov. Kay Ivey signed the measure into law.

Also on the list:

  • Florida

  • Iowa

  • Georgia

  • Louisiana

  • Montana

  • Oregon

  • Texas

  • Wisconsin

More: Violent West Virginia prison plagued by officer shortages, pushing staffers to exhaustion

Chemical castration may violate constitutional rights, critics say

Colleen Glenn, a criminal defense attorney Florida, told USA TODAY there could be a challenge in the state under the Eighth Amendment, as the measure may be perceived as cruel and unusual punishment for someone who has served their time.

"The use of chemical castration, while seemingly effective for those with uncontrollable sexual desires, is still controversial, and is associated with harmful side effects in addition to blurring the lines between punishment and treatment," Glenn said.

Despite the  Eighth Amendment considerations, Glenn said, some defendants actually request chemical castration in exchange for reducing their sentences.

"Numerous states have passed legislation allowing chemical castration for sex offenders but the issue becomes more complicated for those defendants whose crimes were not motivated by an uncontrollable sexual desire," Glenn said.

Natalie Neysa Alund covers trending news for USA TODAY. Reach her at nalund@usatoday.com and follow her on Twitter @nataliealund.

This article originally appeared on USA TODAY: Chemical castration for sex offenders in New Mexico proposed in bill