Chemical castration bill passes by 1 vote

In a close 8-7 vote Thursday, lawmakers passed legislation that would allow the Department of Corrections to begin chemically castrating convicted sex offenders who are preparing to be released on parole.

“This is a good day for the island of Guam,” said Sen. Brant McCreadie, who introduced the “Chemical Castration for Sex Offenders Act” to reduce recidivism rates of sex offenders at the island’s prison. “It’s an important message; it’s a message that we as a body will not support this type of crime any more. It’s a stern, loud-and-clear message to any offenders out there that there’s going to be consequences.”

Pending Gov. Eddie Calvo’s signature, the bill would launch a four-year pilot program at DOC in which eligible sex offenders could be selected to undergo anti-androgen treatment. Anti-androgen treatment is the use of hormone medication such as medroxyprogesterone acetate to control inappropriate sexual behavior. It essentially reduces a person’s sex drive.

Speaker Judith Won Pat, Vice Speaker Benjamin Cruz and Sens. Tom Ada, Tina Muña Barnes, Mike San Nicolas, Mary Torres and Nerissa Underwood voted against the bill.

If enacted, the Guam Parole Board could require qualifying individuals to participate in the program as a condition of parole. The parolee would also be required to foot the costs of the treatment during their parole period.

A provision in the bill would allow the individual to voluntarily opt for the permanent alternative of physical castration. The person wouldn’t be required to participate in the pilot program if he decides to undergo physical castration, according to the bill.

The legislative body debated the measure during session Wednesday, when amendments were proposed, including the provision to include the four-year time span.

Lawmakers also included a sunset provision, requiring DOC to produce an evaluation report that details “the effectiveness and financial impact” of the program. The report must be completed by the third year of the program’s implementation so the Legislature could determine whether to authorize the program’s continuation.

On Wednesday, the Guam Parole Board told McCreadie there are 53 sex offenders currently serving prison time at DOC who will be eligible for release on parole within three years.

“We think that’s a viable number that we’ll be able to get the data and start the treatments and see where it goes from there,” McCreadie said.

“The continued treatment and management of the patient’s condition on an outpatient basis has also been determined to greatly reduce incident of violence and arrests,” the 24-page bill states.

Under court order, behavioral health clients are interned to receive treatment and must be released after they’ve fulfilled the criteria of their court orders.

Other bills passed

This week, the Legislature deliberated nearly a dozen other bills, unanimously passing the majority of them Thursday morning.

Of the bills unanimously passed was “Baby Alexya Law,” which would establish an outpatient treatment service for certain individuals with a mental illness or condition. Sen. Dennis Rodriguez Jr. named the bill after 1-year old Alexya Esser, who earlier this year was reportedly struck in the face by Yu Hua Han, a former mental health patient.

The Baby Alexya Law would establish an assisted outpatient treatment service under the Guam Behavioral Health and Wellness Center. Qualified patients with treatable mental illnesses would receive court-ordered treatment on an outpatient basis.

“The continued treatment and management of the patient’s condition on an outpatient basis has also been determined to greatly reduce incident of violence and arrests,” the 24-page bill states.

Under court order, behavioral health clients are interned to receive treatment and must be released after they’ve fulfilled the criteria of their court order.

Senators in an 11-4 decision also passed the “Catastrophic Leave Pool Act,” which intends to establish a sick-leave pool for government employees who’ve been diagnosed with a “catastrophic illness.”

The measure allows an employee who has a “catastrophic illness” to receive sick leave from a pool, which would be an accumulation of donated sick leave time.

Won Pat, Cruz, Torres and Sen. Rory Respicio voted against the bill.

All 12 bills passed in Thursday’s session will be sent to Adelup. Gov. Eddie Calvo has 10 days to sign, veto or allow the measures to lapse into law.