Fordham Law Review Volume 65 Issue 6 Article 8 1997 California's Unconstitutional Punishment for Heinous Crimes: Chemical Castration of Sexual Offenders Raymond A. Lombardo Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Raymond A. Lombardo, California's Unconstitutional Punishment for Heinous Crimes: Chemical Castration of Sexual Offenders, 65 Fordham L. Rev. 2611 (1997). Available at: https://ir.lawnet.fordham.edu/flr/vol65/iss6/8 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. CALIFORNIA'S UNCONSTITUTIONAL PUNISHMENT FOR HEINOUS CRIMES: CHENICAL CASTRATION OF SEXUAL OFFENDERS Raymond A. Lombardo INTRODUCrION On September 17, 1996, Governor Pete Wilson signed legislation (the "California Statute") making California the first state to require that paroled recidivist sex offenders receive chemical injections that will suppress their sex drives.' This injection, of the drug known as Depo-Provera 2 is popularly called "chemical castration."13 The law that Governor Wilson signed, applicable to sex offenses such as sodomy, rape, and child molestation,4 altered section 645 of the California Penal Code by making chemical castration mandatory for repeat paroled sex offenders.5 The prior law had left it within the discretion of the judge to offer Depo-Provera as a choice of punish- ment to a paroled repeat offender.6 Under the new law, the judge retains discretion to offer the drug to first time offenders.7 1.