Community Notification, Risk Assessment, and Civil Commitment of Sex Offenders

Sexually Violent Predator Statutes Earl Shriner (1989) Earl Shriner (1989) Washington became the first state to enact the second generation of Sexually Violent Predator (SVP) statutes Washington became the first state to enact the second generation of Sexually Violent Predator (SVP) statutes Kansas v. Hendricks Kansas v. Hendricks

Kansas v. Hendricks to 4 USSC split 5 to 4 USSC split Convicted of Child Molestation five times in Kansas Convicted of Child Molestation five times in Kansas Agreed that he was a pedophile Agreed that he was a pedophile Stated that only death would prevent him from committing additional sex crimes Stated that only death would prevent him from committing additional sex crimes

Sexually Violent Predator Statutes (Cont.) Civil Commitment Civil Commitment Indeterminate Sentences Indeterminate Sentences 32 states have SVP statutes on the books or are in the process of enacting this type of commitment law 32 states have SVP statutes on the books or are in the process of enacting this type of commitment law Expensive Commitment Expensive Commitment

Sexually Violent Predator Curtis Shane Thompson Curtis Shane Thompson Was adjudicated a SVP in Washington Was adjudicated a SVP in Washington Was released by a jury Was released by a jury Committed additional crimes after release from his civil commitment Committed additional crimes after release from his civil commitment

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Jacob Wetterling

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program The Federal Government requires states to keep a list of their sex offenders or risk losing their federal crime prevention funding. The Federal Government requires states to keep a list of their sex offenders or risk losing their federal crime prevention funding. Lifelong registration in some cases. Lifelong registration in some cases. Addresses have to be verified every 90 days. Addresses have to be verified every 90 days. All states currently have registry system in place. All states currently have registry system in place. By the mid-1990s over 185,000 sex offenders were registered (Lieb et al., 1998). By the mid-1990s over 185,000 sex offenders were registered (Lieb et al., 1998). Depends on the state; however, the registry is often set up in a tiered fashion. Depends on the state; however, the registry is often set up in a tiered fashion.

Registration and Community Notification

Megan’s Law Megan’s Law States were mandated to release information from the sex offender registry to the public as deemed necessary to protect the public. States were mandated to release information from the sex offender registry to the public as deemed necessary to protect the public. Multiple ways the information can be disseminated. Multiple ways the information can be disseminated. Yard signs Yard signs Bumper stickers Bumper stickers Community meetings Community meetings Internet Internet Has withstood numerous legal challenges. Has withstood numerous legal challenges. No hard data yet exists for or against community notification. No hard data yet exists for or against community notification.

Community Notification For For Lets citizens know who is living in their neighborhood. Lets citizens know who is living in their neighborhood. Can help parents/guardians protect their children. Can help parents/guardians protect their children. Law enforcement has provided anecdotal evidence as to its effectiveness. Law enforcement has provided anecdotal evidence as to its effectiveness. Against Against Creates a false sense of community security Creates a false sense of community security Discourages offenders from seeking help Discourages offenders from seeking help Wastes funds Wastes funds Vigilantism Vigilantism Little evidence to suggest physical violence. Little evidence to suggest physical violence. Ostracism Ostracism Innocent victims (family members) Innocent victims (family members) Information may not be accurate Information may not be accurate

Registration and Community Notification

Forensic Psychologists & Sex Offenders Conduct SVP evaluations Conduct SVP evaluations Determine existence of a “mental disorder” Determine existence of a “mental disorder” Assess risk to reoffend Assess risk to reoffend Assess appropriateness for probation/parole Assess appropriateness for probation/parole Assess level of risk for degree of community notification Assess level of risk for degree of community notification Provide sex offender specific treatment in both correctional and community settings Provide sex offender specific treatment in both correctional and community settings

Risk Assessment of Sex Offenders Risk assessment is controversial Risk assessment is controversial Clinical prediction alone is inferior to other methods Clinical prediction alone is inferior to other methods Psychological maladjustment, low self-esteem, history of being sexually abused as a child, and denial of one’s offense are not related to recidivism. Psychological maladjustment, low self-esteem, history of being sexually abused as a child, and denial of one’s offense are not related to recidivism.

Risk Assessment of Sex Offenders (What appears to work…at least to some extent) History History Past behavior is the best predictor of future behavior. Past behavior is the best predictor of future behavior. Sexual Deviance Sexual Deviance Extrafamilial or complete strangers, victims much younger than the perpetrator, & male victims. Extrafamilial or complete strangers, victims much younger than the perpetrator, & male victims. Treatment Compliance Treatment Compliance

Risk Assessment of Sex Offenders Substance Abuse Substance Abuse Mixed results Mixed results Psychopathology Psychopathology Not just Antisocial Personality Disorder (APD) Not just Antisocial Personality Disorder (APD) Good predictor for future violence & future sexual violence Good predictor for future violence & future sexual violence More typical for rapists than child molesters More typical for rapists than child molesters Some indication that psychopathic offenders become “worse” with sex offender treatment Some indication that psychopathic offenders become “worse” with sex offender treatment

Instruments/Tools Used in Risk Assessment & Treatment of Sex Offenders Actuarial Instruments Actuarial Instruments Violence Risk Appraisal Guide (VRAG) Violence Risk Appraisal Guide (VRAG) Sex Offender Risk Appraisal Guide (SORAG) Sex Offender Risk Appraisal Guide (SORAG) Rapid Risk Assessment for Sex Offense Recidivism (RRASOR) Rapid Risk Assessment for Sex Offense Recidivism (RRASOR) STATIC-99 STATIC-99

Static-99 Revised Static-99 Revised

Instruments/Tools Used in Risk Assessment & Treatment of Sex Offenders (Cont.) Psychopathy Checklist-Revised PCL-R Psychopathy Checklist-Revised PCL-R Penile Plethysmograpy Penile Plethysmograpy Polygraph Polygraph Team Supervision (Approach/Collateral Information) Team Supervision (Approach/Collateral Information)

Abel Assessment for Sexual Interest