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Community Notification, Risk Assessment, and Civil Commitment of Sex Offenders. Sexually Violent Predator Statutes. Earl Shriner (1989) Washington became the first state to enact the second generation of Sexually Violent Predator (SVP) statutes Kansas v. Hendricks. Kansas v. Hendricks.
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Community Notification, Risk Assessment, and Civil Commitment of Sex Offenders
Sexually Violent Predator Statutes • Earl Shriner (1989) • Washington became the first state to enact the second generation of Sexually Violent Predator (SVP) statutes • Kansas v. Hendricks
Kansas v. Hendricks • 1997 • 5 to 4 USSC split • Convicted of Child Molestation five times in Kansas • Agreed that he was a pedophile • Stated that only death would prevent him from committing additional sex crimes
Sexually Violent Predator Statutes (Cont.) • Civil Commitment • Indeterminate Sentences • 32 states have SVP statutes on the books or are in the process of enacting this type of commitment law • Expensive Commitment
Sexually Violent Predator • Curtis Shane Thompson • Was adjudicated a SVP in Washington • Was released by a jury • Committed additional crimes after release from his civil commitment
Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration ProgramJacob 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. • Lifelong registration in some cases. • Addresses have to be verified every 90 days. • All states currently have registry system in place. • 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.
Registration and Community Notification • Megan’s Law • 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. • Yard signs • Bumper stickers • Community meetings • Internet • Has withstood numerous legal challenges. • No hard data yet exists for or against community notification.
Community Notification • For • Lets citizens know who is living in their neighborhood. • Can help parents/guardians protect their children. • Law enforcement has provided anecdotal evidence as to its effectiveness. • Against • Creates a false sense of community security • Discourages offenders from seeking help • Wastes funds • Vigilantism • Little evidence to suggest physical violence. • Ostracism • Innocent victims (family members) • Information may not be accurate
Forensic Psychologists & Sex Offenders • Conduct SVP evaluations • Determine existence of a “mental disorder” • Assess risk to reoffend • Assess appropriateness for probation/parole • Assess level of risk for degree of community notification • Provide sex offender specific treatment in both correctional and community settings
Risk Assessment of Sex Offenders • Risk assessment is controversial • 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.
Risk Assessment of Sex Offenders (What appears to work…at least to some extent) • History • Past behavior is the best predictor of future behavior. • Sexual Deviance • Extrafamilial or complete strangers, victims much younger than the perpetrator, & male victims. • Treatment Compliance
Risk Assessment of Sex Offenders • Substance Abuse • Mixed results • Psychopathology • Not just Antisocial Personality Disorder (APD) • Good predictor for future violence & future sexual violence • More typical for rapists than child molesters • Some indication that psychopathic offenders become “worse” with sex offender treatment
Instruments/Tools Used in Risk Assessment & Treatment of Sex Offenders • Actuarial Instruments • Violence Risk Appraisal Guide (VRAG) • Sex Offender Risk Appraisal Guide (SORAG) • Rapid Risk Assessment for Sex Offense Recidivism (RRASOR) • STATIC-99
Instruments/Tools Used in Risk Assessment & Treatment of Sex Offenders(Cont.) • Psychopathy Checklist-Revised PCL-R • Penile Plethysmograpy • Polygraph • Team Supervision (Approach/Collateral Information)