{
 "citation": "14:43.6",
 "heading": "Administration of medroxyprogesterone acetate (MPA) to certain sex offenders",
 "doc_id": "508441",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=508441",
 "classification": "F",
 "enacted_year": "2008",
 "last_amended_year": "2019",
 "penalties": [
  {
   "subsection": "C(4)",
   "text": "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.",
   "los_min": "3Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:42",
  "14:42.1",
  "14:43.1",
  "14:43.2",
  "14:81.2",
  "14:89.1"
 ],
 "text": "RS 14:43.6\n\n\u00a743.6. Administration of medroxyprogesterone acetate (MPA) to certain sex offenders\n\nA. Notwithstanding any other provision of law to the contrary, upon a first\nconviction of R.S. 14:42 (aggravated or first degree rape), R.S. 14:42.1 (forcible or second\ndegree rape), R.S. 14:43.1(C)(2) (sexual battery when the victim is under the age of thirteen),\nR.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1) (molestation of a juvenile\nwhen the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against\nnature), the court may sentence the offender to be treated with medroxyprogesterone acetate\n(MPA), according to a schedule of administration monitored by the Department of Public\nSafety and Corrections.\n\nB.(1) Notwithstanding any other provision of law to the contrary, upon a second or\nsubsequent conviction of R.S. 14:42 (aggravated or first degree rape) , R.S. 14:42.1 (forcible\nor second degree rape), R.S. 14:43.1(C)(2) (sexual battery when the victim is under the age\nof thirteen), R.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1) (molestation of\na juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime\nagainst nature), the court shall sentence the offender to be treated with medroxyprogesterone\nacetate (MPA) according to a schedule of administration monitored by the Department of\nPublic Safety and Corrections.\n\n(2) If the court sentences a defendant to be treated with medroxyprogesterone acetate\n(MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed\nby law. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court\nmay order the defendant to undergo physical castration provided the defendant file a written\nmotion with the court stating that he intelligently and knowingly, gives his voluntary consent\nto physical castration as an alternative to the treatment.\n\nC.(1) An order of the court sentencing a defendant to medroxyprogesterone acetate\n(MPA) treatment under this Section shall be contingent upon a determination by a court\nappointed medical expert that the defendant is an appropriate candidate for treatment. \nExcept as provided in Subparagraph (2)(b) of this Subsection, this determination shall be\nmade not later than sixty days from the imposition of sentence. An order of the court\nsentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the\nduration of treatment for a specific term of years, or in the discretion of the court, up to the\nlife of the defendant.\n\n(2)(a) In all cases involving defendants sentenced to a period of incarceration or\nconfinement in an institution, the administration of treatment with medroxyprogesterone\nacetate (MPA) shall commence not later than one week prior to the defendant's release from\nprison or such institution.\n\n(b) When the provisions of this Paragraph apply, if the defendant is sentenced to\nincarceration or confinement for a period of time that is ten years or more, the\ncommencement of the administration of treatment with medroxyprogesterone acetate (MPA)\nshall be contingent upon a medical evaluation to determine whether the defendant is an\nappropriate candidate for treatment. This evaluation shall be conducted not sooner than\nthirty days prior to the commencement of the administration of the treatment.\n\n(3) The Department of Public Safety and Corrections shall provide the services\nnecessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing in this\nSection shall be construed to require the continued administration of medroxyprogesterone\nacetate (MPA) treatment when it is not medically appropriate.\n\n(4) If a defendant whom the court has sentenced to be treated with\nmedroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public\nSafety and Corrections for purposes of administering the medroxyprogesterone acetate\n(MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA),\nthen the defendant shall be charged with a violation of the provisions of this Section. Upon\nconviction, the offender shall be imprisoned, with or without hard labor, for not less than\nthree years nor more than five years without benefit of probation, parole, or suspension of\nsentence.\n\n(5) If a defendant whom the court has sentenced to be treated with\nmedroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug\nor other substance to reverse the effects of the treatment, he shall be held in contempt of\ncourt.\n\nActs 2008, No. 441, \u00a71, eff. June 25, 2008; Acts 2011, No. 67, \u00a71; Acts 2014, No.\n602, \u00a74, eff. June 12, 2014; Acts 2015, No. 184, \u00a71; Acts 2019, No. 296, \u00a71."
}