CRIMES AND OFFENSES Sexual Offenses: Provide that Under Certain Conditions Chemical Treatment and Treatment by a Qualified Mental Health Professional May be Required as a Condition of Probation by a Court Sentencing a First Time Offender of Child Molestation; Provide for Treatment Prior to Release from Custody; Provide that No Treatment be Administered Until Person has been Fully Informed of Side Effects of Hormonal Chemical Treatment and has Consented in Writing; Provide for Administration of Treatment by State Board of Pardons and Paroles; Provide that Physician of Qualified Mental Health Professional Who Acts in Good Faith Compliance in Administration of Treatment or Counseling be Immune from Civil or Criminal Liability; Provide that Person Undergoing Treatment Participate in and Pay for Counseling

Authors

Lisa M. Gable

Document Type

Peach Sheet

Abstract

The Act allows a court to require that a first time offender of aggravated child molestation, before sentencing, undergo a psychiatric evaluation to determine whether medroxyprogesterone acetate treatment would be effecting in changing the person's behavior. The Act provides that chemical treatment and treatment by a qualified medical health professional may be required as a condition of probation, and allows such treatment to begin before the person is released from custody. The Act specifies that such treatment shall not be administered until the person has been fully informed of the side effects of the chemical treatment and consents to the treatment in writing. The Act authorizes the Board of Pardons and Paroles to administer the treatment. The Act provides that any physician or qualified mental health professional who administers such treatment in good faith be immune from civil or criminal liability. The Act requires that a person participating in treatment must pay for and participate in counseling from a private or public provider of outpatient mental health services.

Recommended Citation

Lisa M. Gable, CRIMES AND OFFENSES Sexual Offenses: Provide that Under Certain Conditions Chemical Treatment and Treatment by a Qualified Mental Health Professional May be Required as a Condition of Probation by a Court Sentencing a First Time Offender of Child Molestation; Provide for Treatment Prior to Release from Custody; Provide that No Treatment be Administered Until Person has been Fully Informed of Side Effects of Hormonal Chemical Treatment and has Consented in Writing; Provide for Administration of Treatment by State Board of Pardons and Paroles; Provide that Physician of Qualified Mental Health Professional Who Acts in Good Faith Compliance in Administration of Treatment or Counseling be Immune from Civil or Criminal Liability; Provide that Person Undergoing Treatment Participate in and Pay for Counseling, 14 Ga. St. U. L. Rev. (1997).
Available at: https://readingroom.law.gsu.edu/gsulr/vol14/iss1/25