A.P.D / U.T. / West Point Leadership Academy 2001 Final Project by Donald Baker

Project: Examination of the Austin Police Department’s proactive response to the State of Texas’ Sex Offender Registration Laws

 Sex offender registration laws have been around for many years  California started their program in 1947  The 72nd Texas Legislature enacted sex offender registration laws in 1991  The Federal government started enacting laws to increase sex offender registration across the nation Background Information :

Important Sex Offender Legislation  Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (H.R. 3355)  Federal version of Megan’s Law  Pam Lychner Sexual Offender Tracking and Identification Act  Texas Sex Offender Registration Laws, Code of Criminal Procedure, Chapter 62

Megan’s Law 1994 New Jersey Case 7 yr old Megan Kanka Lured into a residence with the promise of seeing a puppy Suspect was a recently released sex offender who lived with two other sex offenders The suspect sexually abused Megan and then murdered her!!

The Federal Version of Megan’s Law Requires states to have convicted sex offenders who are no longer incarcerated register their address with the local law enforcement agency. It requires the states to set up a form of community notification

Jacob Wetterling Local law enforcement were not aware that recently released sex offenders were living in a halfway house in the town until after Jacob’s abduction occurred.

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act Requires states to implement a sex offender registration program Tied compliance by the states to the possibility of losing 10% of the funds under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968

“Sex offenders victimize children by gaining their trust. We are not just telling kids to beware of the “stranger” who is moving into their community. We are denying that stranger the opportunity to befriend children so he cannot victimize them.” Patty Wetterling - Jacob’s mother and supporter of sex offender registration laws

Pam Lychner Real Estate Agent in Houston, TX Prepared to show a vacant house to a “prospective buyer” The “prospective buyer” was a 2 time convicted felon The “prospective buyer” brutally assaulted Pam until her husband interrupted the attack

Pam Lychner Sexual Offender Tracking and Identification Act Increased the responsibility of the FBI for a national sex offender database Added more stringent registration requirements

Program Objectives - Code of Criminal Procedure, Chapter 62 Deter sex offenders from committing new offenses Create a registry to assist law enforcement in investigations Offer citizens information for self protection

Summary of Registrations Intent Sex offenders pose a high risk of re-offending after release from custody Protecting the public from sex offenders is a primary governmental interest The release of information about sex offenders to public agencies & the general public will assist in protecting public safety

Register Individuals Convicted of Reportable Offenses: A) Sexual Assault, Aggravated Sexual Assault, Indecency With a Child B) Possession/Promotion of Child Pornography C) Compelling Sexual Performance by Child D) Prohibited Sexual Conduct (Incest) E) Burglary / Kidnapping (Sexual Intent) Indecent Exposure 2nd Offense Conspiracy, Solicitation, or Attempt to Commit (A, B, C, D, or E) Convictions or adjudications of any offense listed under (5) committed under federal Law, Uniform Code of Military Justice, or under the laws of another state

Additional Reportable Offenses - added in 1999 Unlawful Restraint Kidnapping Aggravated Kidnapping If the VICTIM is younger than 17 & the disposition is after

Identify Areas of Interest Accurately document the sex offender’s state mandated information Insure that the sex offenders are complying with the conditions of the state mandated registration requirements

Identify Areas of Interest Federal requirements for sex offender registration and public notification (10% of the Federal Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funds) State of Texas requirements placed on the Department per Texas Code of Criminal Procedures, Chapter 62

Identify Areas of Interest Increased number of sex offenders who are required to register since the beginning of the program. Increased number of non-compliant sex offenders

Identify Areas of Interest Fiscal Expenditures Need for an increase in personnel to complete the required registration documents Need for an increase in detectives assigned to conduct compliance checks & sex offender investigations Budgetary restraints hindering S.O.A.R. unit’s growth Fiscal cost vs. social and human benefit of reducing the number of new victims caused by convicted sex offenders

Identify Areas of Interest Data integrity and accuracy supplied by the sex offenders Information must be timely and accurate for the overall public notice program to be effective

Identify Areas of Interest Numerous agencies in the Criminal Justice system with a responsibility to the sex offender registration program Lack of communication and information systems linked to the other agencies Poor coordination of efforts between the agencies

Identify Areas of Interest Conducting physical compliance checks of the sex offender’s home address Conducting physical compliance checks of the sex offender’s current employment

Identify Areas of Interest Increase the amount of personal sense of security victims of sexual abuse have in their lives Improve the quality of life for the citizens of the City of Austin Make the City of Austin one of the safest cities in the Nation

Analyze Adult Development Theory What stage is the sex offender in? Use that information for investigative purposes Attribution Actor/Observer Bias Sex offenders try to justify their conviction(s) by putting the blame on external factor, like the children victims Equity What is the level of inequity the victims of sexual offenses feel when the convicted sex offender is released back into the community or family?

Analyze Expectancy The S.O.A.R. unit was formed on a high level of personal expectancy Motivation Through Consequences Criminal punishments for those sex offenders that do not comply with the registration requirements Job Redesign Creation of a brand new unit with new job tasks.

Analyze Organizations as Open Systems Using the department’s goals, values, and mission statement as the S.O.A.R. units foundation. Primary efforts of the S.O.A.R. unit concentrate on trying to make sure the residents and visitors of Austin feel safe and are safe. Social Capital Increased coordination between various agencies who deal with convicted sex offenders Overcoming Resistance to Change Relatively new approach for law enforcement to combat violent crimes committed by sexual predators

Take Action Increase the number of personnel assigned to the S.O.A.R. unit. Increase the awareness of S.O.A.R.’s goal’s and objectives to the command staff and city council members Educate the community on the benefits of a pro-active S.O.A.R. unit

Take Action Compare the fiscal cost of increasing personnel with the cost to a child and their family when a convicted sex offender commits a new offense Compare the fiscal cost of increasing personnel to the cost the department and city are willing to commit to solving a child abduction case, serial rapist or homicide

Estimated cost per detective

Failure to Comply with Registration Requirement Cases Total for the years:

Gary Dale Cox

Recent article in the Austin American Statesman

Take Action Compare S.O.A.R’s impact on the assistance or reduction of cases worked by other A.P.D.units. Coordinate efforts with A.P.D.’s research & planning division to locate and apply for state or federal grants to assist the funding of the S.O.A.R. program

Take Action S.O.A.R. unit personnel must monitor federal and state legislation that impacts the sex offender registration program Continue to enter sex offender data into the S.O.A.R. database until the department implements the new report management system

Take Action Provide timely and accurate sex offender database queries for other units or agencies to be used for investigative purposes Establish a network between agencies to address the growing responsibilities of the registration program Meet on a quarterly basis with the probation, parole, district attorney’s office, sex offender therapist and other surrounding law enforcement agencies

Take Action Recidivism rates for sex crimes are higher among sex offenders The Bureau of Justice (BJS) published figures that approximately 43% of those serving time for rape or sexual assault had been on probation or parole at the time of their new offense

Take Action Decrease the number of non-compliant sex offenders by conducting actual physical address compliance checks Issuing arrest warrants for criminal violations of the sex offender laws Conduct investigations to locate sex offenders who have absconded As of May 1, 2001 the 299 th District Court, Travis County had 32 indicted fail to comply cases. Out of those 32 cases, 20 of them have turned into Capias for the suspect. Approximately 67.5% of the indicted suspects are currently absconders. These figures are only for one of the District Courts in our jurisdiction.

Take Action Conduct surveillance measures on those identified as sexual predators who are more likely to commit another sexually violent offense Establish a common unit goal to become the premier Sex Offender Apprehension & Registration Unit in the Country

Take Action Conduct a Beta test of the D.P.S. secure Internet web site to complete sex offender updates online Ensure data integrity and accuracy in the information published on the department’s sex offender web site Conduct educational training for in-service, academy, out side law enforcement, citizens police academy, grand juries and the general community

Assess Measure the number of new staff assigned to the S.O.A.R. unit Compare the number of non-compliant sex offenders with previous years data Compare the amount of time it took to discover that a sex offender was not in compliance Review training class lesson plans to insure current and accurate information is being taught Meet with D.P.S. to review sex offender data to evaluate the rate of errors in our data

Assess Review City of Austin’s Information Services data regarding number of active hits to the department’s sex offender web site Meet on a quarterly basis with probation, parole, other law enforcement agencies and the district attorney’s office to review a team approach toward reducing violent crime committed by convicted sexual predators