NCJ Number
108010
Journal
Houston Law Review Volume: 23 Issue: 3 Dated: (May 1986) Pages: 801-819
Date Published
1986
Length
19 pages
Annotation
The article examines Depo-Provera therapy as a condition of probation for a limited classification of convicted sex offenders.
Abstract
Depo-Provera is a synthetic progesterone drug. It has been found effective in reducing offensive sexual behavior, such as that found in paraphiliacs. Most paraphiliacs are pedophiles who seek children as sex objects. The drug is administered once or twice a week by intramuscular injection. When combined with psychological treatment of the deviant behavior, Depo-Provera reduces offensive behavior related to sexual fantasies and performance in 70 to 80 percent of men under treatment. Recently, three Texas courts granted convicted sex offenders probation instead of imprisonment on the condition that they submit to Depo-Provera therapy. In United States v. Consuelo-Gonzalez, the court developed a three-part test that scrutinizes the constitutionality of probation conditions. Part 1 of the test states that a probation condition can only be justified to the extent necessary to achieve the goals of probation. The goals of probation are the effective rehabilitation of the prisoner and the protection of the public. Part 2 weighs the degree to which a constitutional right enjoyed by law-abiding citizens should be accorded to probationers. Part 3 weighs the restrictions imposed on the probationer against the legitimate needs of law enforcement. The article concludes that Depo-Provera therapy as a condition of probation passes the strict scrutiny test of Consuelo-Gonzalez. 210 footnotes.