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 a licensed physician from the Department of Corrections and is contingent upon a court-appointed medical expert's determination that the offender is an appropriate candidate for surgery. The bill also stipulates that the procedure must be performed 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. If an offender does not appear for the procedure or refuses to undergo it, they can be charged with a violation of this section and face imprisonment of up to five years, with no possibility of suspension, probation, or parole. The bill 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