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 in addition to any other penalties imposed and must be performed by a licensed physician from the Department of Corrections. The court's order for surgical castration is contingent upon a determination by a court-appointed medical expert that the offender is a suitable candidate for the procedure, which must occur no later than one week before the offender's release from incarceration.

Additionally, the bill stipulates that if an offender fails to comply with the court order for the procedure, they will be charged with a violation of this section and, upon conviction, face imprisonment of up to five years without the possibility of parole or probation. The bill also clarifies that surgical castration is not mandated if it is deemed medically inappropriate. The act will take effect upon approval by the Governor.

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