1. Public Policy Considerations for Sex Offender Housing Cathy Rodriguez Copyright 2009 Rodriguez

2. Presenter ► Cathy Rodriguez  Adult Standards and Community Notification Coordinator for the SOMB  Colorado Department of Public Safety, Division of Criminal Justice, Office of Sex Offender Management  303-239-4499  Cathy.Rodriguez@cdps.state.co.us

3. Reports/Literature ► http://dcj.state.co.us/odvsom/sex_offender/ index.html http://dcj.state.co.us/odvsom/sex_offender/ index.html http://dcj.state.co.us/odvsom/sex_offender/ index.html  Report on Effectiveness and Safety Issues Related to Shared Living Arrangements (SLA’s)  Use of Residence Restrictions as a Sex Offender Management Strategy  White Paper on Adult Sex Offender Housing  SLA Fact Sheet

4. Presentation Agenda ► SOMB ► Legislation and History ► Research ► Residence Restrictions in Other States ► Residence Restrictions/Local Ordinances in Colorado ► Current Practice and Policy in Colorado ► Unintended Consequences ► Resources

5. SOMB ► Philosophy and Guiding Principles  Community and victim safety  Research based policy development and “best practice” implementation  Collaborative approach  Ongoing risk based assessment, evaluation, and treatment Nationally recognized for research, policy, and practice

6. SOMB ► Focus  Continuum of Care  Risk, Need, Responsivity  Community Education

7. Housing for Sex Offenders ► Why is it important?  Directly impacts recidivism (i.e. likelihood a sex offender will reoffend) ► Who should care?  Everyone CCJJ endorsed a policy statement indicating the SOMB should conduct community education in 2012 re: the negative effects of zoning and residence restrictions.

8. Housing Restrictions ► Zoning  Prohibits more than one unrelated registered sex offender from residing in the same residence ► Residence  Prohibits registered sex offenders from residing within a certain distance from areas frequented by children (e.g. parks, schools, daycares, etc.)

9. Federal Legislation ► Wetterling Act 1994 ► Megan’s Law 1996 ► Pam Lychner Act 1996 ► Campus Crimes Act ► Adam Walsh Act 2006 (pending Statewide implementation in Colorado)

10. History & Facts re: Proximity Laws ► Delaware and Florida first to enact, 1995 ► 40% of States enacted laws from 2005 to 2007 after Jessica Lundsford and Sarah Lunde abducted and murdered in Florida ► 30 states have implemented statewide RR (Ohio State Univ. 2009, USA Today 2009) ► Nearly every state has some municipalities with local ordinances (*Kansas)

11. Premise for Proximity Laws ► NIMBY ► Sex Offenders are dangerous to children and should not be where children congregate ► Stranger based sex offenses are common ► Keep sex offenders out of the community ► Assumption that where a offender sleeps at night has a direct impact on new crime or victim selection ► Multiple sex offenders living together is a bad idea

12. Research Regarding Sexual Offending ► 65% of convicted offenders are granted community supervision at sentencing in CO ► 93 % of child sex abuse victims know their abusers (Dept of Justice, 2000) ► Most sexual offenses are committed in the offender’s home or the victim’s home (Colo. DOC; Greenfeld 1997; Smallbone and Wortley 2000) ► The younger the age of a child victim, the more likely they are to be victimized by someone they know (Snyder 2000; US Dept Just Bureau of Statistics)

13. Research Re: Sexual Offending ► Nationwide of the 60,000 to 70,000 arrests for sexual assault each year, 115 of them constitute abductions by strangers (U.S. Justice Dept.) ► Family dynamics make children more vulnerable to sexual assault than proximity to sexual offenders (California Position Paper-CCASA, 2008) ► 87% people arrested for sex offense were never previously convicted of sex crime (U.S. Dept. of Justice)

14. Research Regarding Recidivism ► Sex offenders with stable housing, employment, and social support are much less likely to commit new sex offenses (Willis & Grace 2008) ► Varies by population, type of offender, and type of crime ► Sex offenders who successfully complete treatment have lower recidivism rates than non- treated offenders (Alexander 1999; Aos et al 2001; Hal 1995; Hanson et al 2002 Losel and Schumucker 2005)

15. Research re: Out of State Residence Restrictions ► Minnesota (Minnesota DOC 2003)  NONE of them would have been deterred by a residence restriction ordinance  Limiting offenders to residences in rural, suburban, or industrial areas  Fewer supervising agents and less available services/resources

16. Research re: Out of State Residence Restrictions ► Minnesota DOC 2007  N=224 Sexual recidivists released between 1990 and 2002 ► 85% of offenses occurred in a residential location ► 79% of victims knew the offender prior to offense ► 50% established victim contact through collateral contact ► 9% made direct victim contact within 1 mile of the offender’s home (none in park, school, playground) NONE OF SEXUAL RECIDIVISTS RETURNING TO PRISON IN 16 YEARS CONTACTED JUVENILE VICTIMS NEAR A SCHOOL, PARK, OR DAYCARE

17. Colorado Research ► Child molesters in CO who re-offended sexually did not live closer to schools or daycare centers than those who did not re- offend (Colo. Dept. of Public Safety, 2004) ► Sex offenders receiving positive support had significantly lower numbers of probation violations and recidivism than those lacking support or with negative support (Colo. Dept. of Public Safety, 2004)

18. Colorado Research ► SLA’s (Shared Living Arrangement) ► A separately contained living unit in which more than one adult sex offender in treatment resides for the purpose of increased public safety, increased accountability, intensive containment, and consistent treatment intervention. ► Moderate to High Risk Sex Offenders ► Positive Informed Support

19. Colorado Research ► Colorado Dept. of Public Safety 2008  N=28 law enforcement jurisdictions  6 had residence restrictions ► Higher number of registered sex offenders and sex crime arrests ► Number of offenders who failed to register increased after ordinances were enacted

20. Residence Restrictions in Colorado ► Castle Rock  SVP Restriction ► Englewood  62 Registered Offenders/Population 31,727 ► Greenwood Village  3 Registered Offenders/Population 12,817 ► Commerce City  77 Registered Offenders/Population 34,189  Also has Loitering Restriction ► Greeley  240 Registered Offenders/Population 76,930 (Applies to Juvenile and Adult offenders)  Also has Loitering Restriction ► Lonetree  2 Registered Offenders/Population 7,354

21. Zoning Restrictions ► Most Denver Metro Cities except DENVER ► Limits the use of SLA’s ► Limits Community Corrections, Group Homes, and other therapeutic options ► Limits housing options overall ► *Remember, stable housing is the number 1 factor in recidivism with sex offenders

22. Current Colorado Policy & Practice ► Registration (Juvenile and Adult) ► Community Notification (SVP) ► Supervision  Probation, SOISP  Parole  Community Corrections ► Treatment  Outpatient  SLA’s ► Incarceration/Imprisonment

23. Unintended Consequences ► Registration & Tracking / CN  Purpose: Know offender location ► Underground ► Abscond/Disappear ► Register False or Inaccurate Addresses ► Homelessness/Transience

24. Unintended Consequences ► Supervision  Purpose: Monitor offender, provide accountability, and ensure safe in community ► Limits housing options, available support, employment (if transportation is issue), and resources ► Concentration of offenders in rural areas making monitoring more challenging ► Prohibits community corrections programs from accepting sex offenders due to proximity or zoning

25. Unintended Consequences ► Treatment  Purpose: Change offender’s thoughts and behaviors/choices ► Zoning and Proximity Laws prohibit SLA’s (Shared Living Arrangements) ► If offender is forced to reside in isolated area, may not have treatment available or may have to commute long distance

26. Difficulties ► Counterproductive to public safety ► Enforcement and Prosecution Issues ► Ineffective and exhaustive use of resources ► Promote false sense of security and safety ► Lawsuits re: civil rights and civil liberties ► Juvenile offenders ► Banishment

27. Resources/Alternatives ► Shared Living Arrangements ► Community Education ► Utilization of Community Corrections and ISP Programs ► Collaboration among Agencies ► Ordinance: No Loitering for Sex Offenders or Child Safety Zone ► Research utilized in policy making and enacting of laws ► Continue using risk based classification