Hon. William Dressel (Ret.) Greg Brown PresidentChief Probation Officer The National Judicial CollegeColorado’s 20 th Judicial District

The Appropriate Evidence Based Sentence is Determined by: Applicable Law Community Safety Information Available Victim Responsiveness

Etiology of Adult Sex Offenders

Single Factor – Biological – Behavioral – Socio-cultural – Attachment/intimacy Etiological Theories

Hormones – High testosterone levels may lead to increased sex drive Predisposition – Sexual appetites or preferences Biology

Conditioning - sexual interests are strengthened through experiences or reinforcers –Ex: masturbation to deviant fantasies Learning - model aggressive and hostile attitudes/behavior –Ex: domestic violence Behavior

What role does society and cultural structures, norms, and messages have? Desensitizing messages –Television, music, video games –Advertisements, television, and film Men socialized to be aggressive or dominant Socio Cultural

Insecurely attached persons want emotional closeness but avoid it out of fear of rejection –“Romantic” relationship with a child is safer Dismissive attachment styles have no desire to be intimate with others –Negative, angry, hostile feelings Attachment / Intimacy

Critical message - one size does NOT fit all Sexual abuse is an extraordinarily complex multifaceted problem No clear explanation Management of offenders MUST consider their vulnerability What is the Cause of Offending?

Sentencing Factors

The Law –State prison mandatory? –Mandatory conditions of probation? The Crime –Extreme violence? –Weapons? –Multiple victims? –Impact on victim

Sentencing Factors (cont.) Defendant’s History –Prior record Prior sex crimes? Prior crimes of violence, weapons? –Family history and structure –Employment history –Physical health

Sentencing Factors (cont.) Defendant’s Treatment Needs –Psychological history, adjustment, and current status –Intellectual and cognitive functioning –Substance abuse history –Sexual attitudes –Response to prior treatment

Sentencing Factors (cont.) Defendant’s Risk of Re-offending –Actuarial assessment Static-99 RRASOR –Clinical –Psych/sexual evaluation –Motivation to change –Community support

Sentencing Factors (cont.) –Correctional and treatment resources Within institution Community-based Ability to pay Degree of supervision

Pre-sentence Investigation Reports What items or information need to be in a pre-sentence report or investigation?  All of the foregoing factors  Other  Psychosexual Evaluations

Risk Assessment Offense-specific validated instruments Psychological Testing General Offense specific Physiological Testing Plethysmograph Visual reaction time measure (Abel Assessment of Sexual Interest or Affinity) Polygraph 5 Components for Psychosexual Evaluations

Collateral information Police reports Criminal history info Victim statements Clinical interview 5 Components for Psychosexual Evaluations (Cont’d.)

Risk level Low High Risk for what behavior? Less serious Most serious When/How info discovered? Client offered New charges Decision Making

Criteria for Incarceration

Denial of offense Sadistic practices High degree of psychopathy measured by PCL-R Use of weapon Forcible rape Previous failure of offense-specific treatment Offenders identified as high risk on validated sex offender risk assessment instruments

High on the HARE or diagnosed as a psychopath Fixated pedophile  Deviant arousal to children  History of molesting  No appropriate arousal Criteria for Incarceration or Commitment

Admits offense Extra familial offender Admits some previous offenses Admits other paraphilias Admits fantasy & planning NOT Criteria for Incarceration or Commitment

Victims’ Rights

Most states have a “Victims’ Rights” statute. Defining a “victim” may be problematic. (All victims are not created equally.) If the victim is a minor or is deceased, a member of a victim’s family or another person may exercise the rights of the victim. Many states permit the victim to be present during trial and sentencing even though they may be a witness against the defendant.

Victims’ Rights (cont.) Typically, the victim has the right to prepare and submit a victim impact statement. Also, a victim has the right to make a statement prior to sentencing and state laws often require that “the court shall consider” a victim’s statement.

Victims’ Rights (cont.) Statement to the court or defendant? –Security concerns –Oral: Reading? Video? Allow questions by defendant? Defendant’s right to speak?

Probation Elements

Probation What Conditions of Probation or Supervision for Sex Offenders are available?

Treatment Participate in & complete treatment program Sign release of information Submit to all testing

Contact with Others No contact with minor males/females No contact without direct supervision Stay away from places where children congregate No association with sex offenders Stay 100 yards from victim and victim’s: residence, school, & workplace No contact with family of victim

Supervision Register as sex offender Carry registration certificate at all times/ present to law enforcement Search and seizure Polygraph examination

Residence Not within 1 mile of school, park, or recreation facility Not with another sex registrant Inform any person living with of status as sex offender No minors in residence

Employment No employment that requires entry into residence No employment that regularly has contact with minors Approval of all employment by probation officer

Travel/Activities Not to enter, travel past, or loiter near:  adult bookstores  massage parlors  topless bars  sex shops Maintain detailed travel log Wear GPS system Probation officer approves all recreation and leisure activities Probation officer approves means of travel and route to work or treatment

Access to Sexual Material No possession of children’s/women’s clothing (for male offenders) No possession of pornographic material, whether involving adults or minors No possession of computer/internet access No use of 800 or 900 numbers

Substance Abuse May not possess or consume alcohol; may not frequent places where alcohol is primary item of sale May not possess or use narcotics or controlled substances without medical prescription Drug and alcohol testing

Miscellaneous No possession of cameras or video equipment Non-confidential AIDS testing No possession of identity concealing items

Available Sanctions Treatment Victim Contact Driving and Travel Daily Living Social/Sexual Behavior Internet Restrictions Work Restrictions Alcohol and drugs Disclosure Polygraph, Plethysmograph, other tests Other Technology Restrictions

Limits What can a judge do to limit the risk to the community when placing a sex offender on probation?

Responses to Limit Risk Limiting access to victims Electronic monitoring or curfews No contact orders Restrictions on movement Increased monitoring, contact, treatment Pre-revocation contracts Admissions to violations

Revoking Supervision New criminal conduct Violations of treatment contract Establishing pattern of offending behavior Failure to complete or progress in treatment Violation of probation conditions If revoked because of treatment failure & reinstated, client should go to more intensive treatment program

Actuarial Risk Factors for Re-Offending

Deviant sexual preference Sexual preoccupation/compulsivity Sexualized violence (including sadistic sexual interests) Lifestyle instability/self regulation problems Poor coping / problem solving skills (e.g. sex as coping) Risk Factors for Re-Offending Adapted from Hanson & Morton-Bourgon, 2004, 2005; Knight &Thornton, 2007; Doren, 2007, 2008; Thornton, Hanson & Mann, 2007

History of previous sex offenses Non-sexual criminal history High degree of psychopathy Male target pedophilia Hostile, negative emotionality (grievance thinking) Any previous probation/parole violation Risk Factors (Cont’d.)

Emotional congruence with children High degree of impulsivity Negative social influences DSM-IV personality disorder Intimacy deficits Non-contact paraphilias Victim access Risk Factors (Cont’d.)

Pro-offending beliefs Substance abuse Lack of concern for others Stranger victim Male victim Offender young, single Risk Factors (Cont’d.)

Elements of NJC’s Model Curriculum Understanding Sexual Offenders & Sexual Victimization Assessment of Sex Offenders Treatment & Supervision of Sex Offenders Evidence Based Sentencing including Conditions to Impose Sex Offender Registration & Notification Act

Victim Centeredness Public Education Specialized Knowledge and Training Collaboration Monitoring and Evaluation Carter, Bumby, and Talbot 2004 CSOM Comprehensive Approach Publication Comprehensive Approach