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Sentencing Decision and Its Implications, Including Conditions to Impose

Sentencing Decision and Its Implications, Including Conditions to Impose. Learning Objectives. Identify sentencing factors a judge may consider; Determine what information should be in a pre-sentence report or investigation; Interpret assessment tools;

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Sentencing Decision and Its Implications, Including Conditions to Impose

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  1. Sentencing Decision and Its Implications, Including Conditions to Impose

  2. Learning Objectives • Identify sentencing factors a judge may consider; • Determine what information should be in a pre-sentence report or investigation; • Interpret assessment tools; • Examine the role of the victim at trial and at sentencing; • Examine approaches to sentencing sex offenders;

  3. Learning Objectives (cont.) • Determine potential conditions of probation; • Identify unique issues relative to female sex offenders; and • Analyze continuum of sanctions for probation violations.

  4. Sentencing Factors Risk Assessment Tools Victims’ Rights Sentencing Factors Probation Case Studies Overview

  5. Sentencing Factors

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

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

  8. 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

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

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

  11. Pre-Sentence Investigation Reports

  12. Pre-Sentence Investigation Reports What items or information need to be in a pre-sentence report or investigation? • All of the foregoing factors

  13. Risk Assessment Tools

  14. Risk Assessment Tools • Minnesota Sex Offender Screening Tool – Revised • ACUTE- and STABLE-2007 • Sex Offender Risk Appraisal Guide • Rapid Risk Assessment for Sexual Offense Recidivism • Static-99 • Vermont Assessment of Sex Offender Risk

  15. Minnesota Sex Offender Screening (MnSOST and MnSOST-R) • Designed to predict sexual recidivism in rapists and intra-familial child molesters • Uses 16 static and dynamic variables to distinguish three levels of risk

  16. ACUTE- and STABLE-2007 • Developed primarily for supervision officers • Access dynamic risk factors over acute and longer time periods

  17. Sex Offender Risk Appraisal Guide (SORAG) • Fourteen-item instrument • Modification of the VRAG • Used to assess the risk of violent and sexual recidivism of previously convicted sex offenders within a specific period of release

  18. Rapid Risk Assessment for Sexual Offense Recidivism (RRASOR) Four Factors • Number of prior sex offenses • Offender’s current age • Gender of offender’s victim(s) • Offender’s familial relationship, if any, to victim(s)

  19. Static-99 • Developed subsequent to RRASOR • Incorporates RRASOR’s four factors, adds additional factors • Uses only static (unchangeable) factors • Estimates are considered a baseline of risk for violent and sexual recidivism

  20. Static-99 • Ever Lived with an Intimate Partner • Index Non-Sexual Violence • Prior Non-Sexual Violence • Prior Sentencing Dates

  21. Static-99 (cont.) • Non-Contact Sex Offenses • Any Stranger Victims

  22. Static-99 (cont.)

  23. Vermont Assessment of Sex Offender Risk (VASOR) • Assesses risk of adult male offenders • Composed of two scales • 13-item re-offense scale • 6-item violence scale • Interaction of variables is considered important factor in determining individual’s overall risk level

  24. Victims’ Rights

  25. Victims’ Rights • Most states have a “Victims’ Rights” statute. • Defining a “victim” may be problematic. (All victims are not created equal.) • 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.

  26. Victims’ Rights (cont.) • Many states permit the victim to be present during trial and sentencing even though she/he may be a witness against the defendant.

  27. 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.

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

  29. Probation

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

  31. Treatment • Participate in and complete specialized sex offender treatment program • Sign release of information • Submit to all testing

  32. Contact with Others • No contact with minor male/females • No contact without direct supervision • Stay away from places where children congregate • No association with sex offenders

  33. Contact with Others (cont.) • Stay 100 yards from victim, residence, school, work • No contact with family of victim

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

  35. Residence • Not within one 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

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

  37. Travel/Activities • Not to enter, travel past, or loiter near adult bookstores, massage parlors, topless bars or sex shops • Maintain detailed travel log • Wear GPS system • Probation officer approves all recreation and leisure activities • Probation officer approves route of travel to work or treatment and means of travel

  38. 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

  39. Substance Abuse • May not possess or consume alcohol; may not frequent places where alcohol is chief item of sale • May not possess or use narcotics or controlled substances without medical prescription • Drug and alcohol testing

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

  41. 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

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

  43. 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

  44. Immediate Removal Assuming you place a defendant on probation, what conditions of probation would you impose which would require his/her immediate removal?

  45. Situations RequiringImmediate Removal of Offender • Possession of dangerous weapon • Contact with children initiated by offender and not reported • Substance abuse that is part of offense cycle • Offender physically harms another person

  46. Case Studies

  47. John A. Doe

  48. John A. DoeDemographics • 37-year-old male. • Currently married (nearly 10 years), 2 children. • Well-educated, obtained Master’s in Business Administration. • Stable employment – works in software development. • Stable home, stable finances.

  49. John A. DoeCurrent Offense • Indicted on two counts of Importuning (Internet solicitation) and Attempted Unlawful Sexual Conduct with a Minor. • Believed the person was a 14-year-old minor female. • Sexually explicit communications over two months’ time. • Apprehended after driving to agreed-upon meeting place.

  50. John A. DoeCurrent Offense (cont.) • Acknowledged having thoughts about having sexual contact, but claims to have changed mind. • Currently in counseling. • Pled guilty to two counts of Importuning. • Statutory penalties: • Importuning: 6-12 months of incarceration and/or up to $2500 fine.

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