The bill H. 3044 proposes an amendment to the South Carolina Code of Laws by adding Section 23-3-435, which allows courts to order surgical castration for offenders aged eighteen or older who are convicted of certain Tier II and III sex offenses involving victims aged thirteen or younger. This surgical procedure would be administered by the Department of Corrections and requires a court-appointed medical expert to determine the offender's suitability for surgery within sixty days of sentencing. The bill also stipulates that the procedure must occur no later than one week before the offender's release from incarceration.
Additionally, the bill establishes penalties for offenders who fail to comply with the court order for surgical castration, including a potential imprisonment of up to five years without the possibility of parole or probation. However, it clarifies that surgical castration is not mandated if deemed medically inappropriate. The act will take effect upon approval by the Governor and includes provisions to ensure that any repealed or amended laws remain in effect for pending actions or liabilities.
Statutes affected: 12/05/2024: 23-3-435
02/04/2025: 23-3-435
Latest Version: 23-3-435
12/06/2024: 23-3-435