Hon. William Dressel (Ret.) Greg Brown President Chief Probation Officer

1. Hon.William Dressel(Ret.) Greg Brown President Chief Probation Officer The National Judicial College Colorado’s 20th Judicial District

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

3. Etiology of Adult Sex Offenders

4. Etiological Theories • Single Factor • Biological • Behavioral • Socio-cultural • Attachment/intimacy

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

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

7. Socio Cultural • 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

8. Attachment / Intimacy • 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

9. What is the Cause of Offending? • 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

10. Sentencing Factors

11. Sentencing Factors • The Law • State prison mandatory? • Mandatory conditions of probation? • The Crime • Extreme violence? • Weapons? • Multiple victims? • Impact on victim

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

13. 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

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

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

16. 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

17. 5 Components for 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

18. 5 Components for Psychosexual Evaluations (Cont’d.) • Collateral information • Police reports • Criminal history info • Victim statements • Clinical interview

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

20. Criteria for Incarceration

21. 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

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

23. NOT Criteria forIncarceration or Commitment • Admits offense • Extra familial offender • Admits some previous offenses • Admits other paraphilias • Admits fantasy & planning

24. Victims’ Rights

25. 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.

26. 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.

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

28. Probation Elements

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

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

31. 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

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

33. 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

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

35. 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

36. 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

37. 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

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

39. 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

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

41. 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

42. 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

43. Actuarial Risk Factors for Re-Offending

44. 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) Adapted from Hanson & Morton-Bourgon, 2004, 2005; Knight &Thornton, 2007; Doren, 2007, 2008; Thornton, Hanson & Mann, 2007

45. Risk Factors (Cont’d.) • 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

46. 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

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

48. 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

49. Comprehensive Approach • Victim Centeredness • Public Education • Monitoring and Evaluation • Specialized Knowledge and Training • Collaboration Carter, Bumby, and Talbot2004 CSOM Comprehensive Approach Publication