Transcript National Criminal Justice Association Western Regional

Administrative Office of the
Illinois Courts
December 2005
The Containment Approach
for Managing Sex
Offenders
Colorado Division of Criminal Justice
Office of Research and Statistics
Kim English, Research Director
Linda Jones, Diane Patrick, Diane Pasini-Hill, Peggy Heil
http://dcj.state.co.us/ors
The Pink Book
American Probation
and Parole Association
Lexington, KY
606-244-8207
www.cdpsweb.state.co.us
What We’ve Learned From...
• Office of Research and Statistics’ SO
Research Activities:
– 2 NIJ research grants to study the PC Polygraph
– 2 National Telephone Surveys of POs
– Field Research in 13 States and 27
Jurisdictions/Programs
– Colorado Sex Offender Actuarial Risk Assessment
Scale for Probationers and Parolees
– 2 Polygraph Studies of Colorado Prisoners
– 1 Polygraph Study of Juvenile Sos
– Evaluating the statewide implementation of the
Colorado Sex Offender Management Board’s
Standards and Guidelinies
– Working on a family reunification model
Agenda
1. Overview of Containment
Approach
2. Why use the Containment
Approach?
-Victim Surveys
-Offender Self-Reports
-Incest
-Recidivism Rates
3. A word about actuarial
scales
4. Job Impact
“Our optimism
about sex offender
management has come from the
notion that sex crimes follow a
comprehensible process. If we
understand the assault process,
then it can be controlled or
interrupted. Sex offending is a
process occurring over time.”
Hudson, Ward, McCormack,
Offense Pathways in Sexual Offenders,
Journal of Interpersonal Violence, V.1,No. 8, August 1999.
planning/chance contact
apparently irrelevant
decision(s)
high risk set ups
Hudson, Ward, McCormack,
Offense Pathways in Sexual Offenders,
Journal of Interpersonal Violence, V.1,No. 8, August 1999.
deviant
Thoughts
deviant
Feelings
deviant
Behaviors
From: English, Pullen and Jones, 1996
We’ve Learned A Lot Over the Years…
 Most sex offenders commit a wide range and
large number of sexually deviant acts during
their lives (Abel et al., 1987).
 Offenders are extremely reluctant to disclose
the full extent and frequency of their offending
history (Marshall et al., 1990).
 Sexually preferences are stable and probably
lifelong (Barbaree, 1990).
 Sex offenders tend to be highly manipulative
and secretive, and their offenses are usually
well-planned (Abel et al., 1985; Pithers, 1990).
The Containment Approach
1
VICTIM ORIENTATION
2 MULTIDISCIPLINARY COLLABORATION
3 CONTAINMENT STRATEGIES
CJS
4 INFORMED POLICY
5 QUALITY CONTROL
Treatment
Polygraph
Managing Adult Sex Offenders: A Containment
Approach (English, Pullen and Jones, 1996)
A Model Process:
1) Victim Philosophy
“What’s best for
the victim?”
From pretrial to post-conviction
through supervision
 Children need protection
 Adults need empowerment
We’ve Learned A Lot Over the
Years…
Denial Occurs on a Continuum (for
offenders and system officials!)
DENIAL!!!
…of the act
…of the fantasy and planning
…of responsibility for the acts
…of the seriousness of the acts
…of the impact on the victim
…of the difficulty in changing
abusive patterns
Anna Salter, 1988
We’ve Learned A Lot Over the
Years…
COMMON DEFENSES
• The touching wasn’t sexually
motivated (accidental, innocent)
• The child’s graphic description
is based on prior knowledge
• The alleged abuse is a fantasy;
the child wants attention
• The identification of the perp
is inaccurate.
Nanetti and Greer, 1996
Only 16% of victims
in the
Rape in America
study reported
the rape.
Kilpatrick, et al.,1992. Medical University of South
Carolina. N=4008 Rape in America: A Report to the
Nation.
© 2005 Kim English, Peggy Heil
Incest Reporting Rates
2% of Incest
Victims Reported
Russell, 1982
© 2005 Kim English, Peggy Heil
Age at Time of Rape
3% (Unknown)
30+
25-29
6%
7%
22%
32%
11-17
National Women's Study (n=714)
18-24
29%
Less Than
11
A Model Process:
2) Collaboration
Interagency teams
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Law enforcement
Child protection
Rape crisis centers
Prosecuting attorney
Probation and parole
Treatment providers
Polygraph services
Prison staff
Mental Health/Civil Commitment Programs
Judges
(and in some cases) School counselors, victim
advocates, and medical staff
Managing Adult Sex Offenders: A Containment Approach (English, Pullen and Jones, 1996)
Findings from the Field:
Collaboration
 Teamwork led to greater accountability of
sex offenders
 Professionals told us they better understood
the responsibilities of their colleagues
 Professionals reported fewer conflicts among
each other
 Teamwork was more likely to influence broad
correctional policy debates
 Burnout was easier to manage!!!!!
Who Benefits if You Are NOT
Collaborating????
The Containment Approach
1
VICTIM ORIENTATION
2 MULTIDISCIPLINARY COLLABORATION
3 CONTAINMENT STRATEGIES
CJS
4 INFORMED POLICY
5 QUALITY CONTROL
Treatment
Polygraph
Managing Adult Sex Offenders: A Containment
Approach (English, Pullen and Jones, 1996)
3) The Containment Approach
Containment Strategies
POLYGRAPH
Treatment
© 2005 Kim English, Peggy Heil
CJS
The Containment Approach
3) Containment Strategies
Let’s talk about
supervision
strategies.
Supervising Officer
The role of the supervising
officer…
Read ALL case information. You won’t
have enough.
ASK about the offender’s history:
•
Elementary school history.
•
Family history.
•
Why do family members stay in
touch/why not?
•
Verify employment history. (look
for access to vulnerable people)
Keep a look out for these things:
1. Boxed juices and other “child-friendly” food
2. Clothing/T-shirts with cartoons
3. Toys
4. 900 numbers on phone bill
5. What channel the TV is/was on
6. Sears catalogue
7. Leisure time
8. Route to work (ride in the car with offender)
9. Videos of interest to children
10. Stuffed animals
11. Pets and pet items
12. Brochures, pamphlets, matches that show where
he/she has been
13. Vehicle trunk, garage, basement—rope, duct tape,
dolls
14. Computers use, computer games
© 2005 Kim English, Peggy Heil
Talk about leisure time!
• Give assignments to help the
offender build a life:
– Make a list of 10 things you
enjoy
– Help him build these things into
his life
– Discuss these every contact
Source: Karen Vigil, Colorado Probation Officer
Watch for anger—help him
deal
• “Treatment Provider really made me
mad.”
• You say: “Since you are learning to be
appropriate, you can go back to
Treatment Provider and discuss this
with her.”
• Talking to you is appropriate: it is a
SAFE thing to do with the anger.
Source: Karen Vigil, Colorado Probation Officer
Always set goals for the
next appointment
Failure to progress in treatment
is SERIOUS. It affects the
others in the treatment group.
Source: Karen Vigil, Colorado Probation Officer
The Criminal Justice System
Provides the Hammer
• Consequences for
noncompliance:
The Hammer Is
On the Back of
the CJS
– Immediate
– Linked to the Implied
Risk
– Include Increased
Surveillance
– Involve Obtaining
Corroborative
Information
– Include Informing
Others of Poly Results
COLORADO DEPARTMENT
OF CORRECTIONS
POLYGRAPH SANCTIONS
GRID FORM
(7/1998)
ADMISSIONS
PRIOR TO
PRE-TEST
ADMISSIONS
DURING
PRE-TEST
1
2
ADMISSIONS
TO NONDECPT
DURING
POST-TEST
3
ADMISSIONS
TO DECPT
DURING
POST-TEST
4
NO
ADMISSIONS
TO DECPT
5
Old Offenses &
Old High Risk Behaviors
A
Old refers to behaviors which
happened before being placed on parole,
community, or at Phase II TC.
NONE
NONE
LOW
LOW
MODERATE MODERATE
MODERATE MODERATE
MODERATE MODERATE
LOW
LOW
LOW
LOW
LOW
LOW
MODERATE
HIGH
MODERATE
HIGH
MODERATE
HIGH
HIGH
New High Risk Behaviors
& New Behavioral Lapses
B
New refers to behaviors which happened after being
placed on parole, community, or at
Phase II TC, or since the last polygraph.
New Major Violations
C
MODERATE MODERATE
HIGH
MODERATE MODERATE
HIGH
MODERATE MODERATE
HIGH
HIGH
HIGH
SEVERE
HIGH
SEVERE
HIGH
SEVERE
HIGH
SEVERE
SEVERE
New Offenses
D
© 2005 Kim English, Peggy Heil
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
SEVERE
Sex Offenders Who Failed
Supervision
• Sees self as no risk
• Diverse victim types
• Fewer months in the
community
• Access to victims
• Sexual entitlement
• Poor social influences
© 2005 Kim English, Peggy Heil
Hanson and Harris, 1998
You are in charge of the
Polygraph Exam
• All clients must complete NDI
sex history polygraph before
they can complete tx.
• Maintenance polygraphs should be
done every 6 months - more
often if results are anything
other than NDI.
The Containment Approach
3) Containment Strategies
Let’s talk
Polygraph
Examinations
TX
POLYGRAPH
CJS
A goal of containment is to
obtain information.
The Purposes of the
Post-Conviction Exams Vary
• Sex History: Obtain information on past
victims and past methods used to access
those victims. Need to know age of
onset, frequency, extent of crossover
behavior.
• Specific Issue: Offender may be in
denial about the crime….or may be facing
a new accusation….or may have failed a
recent examination….
• Maintenance: Check out assault patterns
and behaviors regarding supervision
conditions. Looking for precurser
behaviors!!!!
Sex History
Polygraph Research at the Colorado DOC
Comparing Court Information v. Polygraph
Alhmeyer et al., 2000, studied 35 sex offenders in treatment and polygraph testing at the CO Dept. of
Corrections. Average admissions (median) of contact & noncontact offenses
Information at
Sentencing
# of victims
2 (1)
# of offenses
7 (1)
Sex History
83 (21)
394 (50)
1st Polygraph
165 (24)
511 (95)
2nd Polygraph
184 (26)
528 (95)
© 2005 Kim English, Peggy Heil
Sex
History
Crossover
in Sex Offending
Comparing Court Information v. Polygraph
Admissions of Hands-on Crossover Offending
223 Sex Offenders Participating in SOTMP TC at the Colorado
Department of Corrections
Type of Crossover
Court Polygraph
Adult & Child Victims
7%
70%
Male & Female Victims
9%
36%
Multiple Relationships
20%
86%
Heil, Ahlmeyer, Simons (2003)
Sex History
Current Conviction Crime: Incest
n=80
180 convicted sex offenders on probation and parole in three states
Before and After the Polygraph/Tx Process
•Ever assaulted...
•Male victims
•Female victims
•Male and female victims
•Assaulted strangers
•Assaulted from position of trust
•Assaulted adult victims
Colorado Division of Criminal Justice, ORS, 2000.
35%
96%
31%
35%
57%
36%
Maintenance Exams:
Polygraph Detection of Recidivism
(Tanner, 1999)
Sample of 128 sex offenders supervised in the community,
participating in treatment, and taking monitoring polygraph exams
Admitting or scoring deceptive to the
following behavior while in treatment &
supervision:
•31% sexual contact with a minor
•12% forcing other to have sex
•18% masturbation in public
• 9% voyeurism
Maintenance Exams: JSOs
Violations Disclosed
116 youth who have been polygraphed in the last 24 months.
10% abused prescription medication
31% reported shoplifting
51% reported currently
masturbating to deviant fantasies
52.6% reported contact with
children 3+ years younger
English, Harrison, Lowden, DiLilio, Madden, Hagler, Nelson, in progress.
It’s not a silver bullet.
But it will
help you
see
things
you might
otherwise
have
missed.
Accuracy of the Polygraph
Test
National Academy of
Sciences (2003) set
median accuracy at 89%
with a range of 70 to
99%
Page 125
Information from Raymond Nelson & H. Lawson Hagler (2004)
Treatment/Polygraph Process
The polygraph
test does not
stand alone.
Communication is Key!!
English and Jones, in process
The Containment Approach
3) Containment Strategies
Let’s talk about
the role of the
therapist
Treatment
Provider
Treatment Provides Tools
Motivation and skill
acquisition are
both essential
ingredients of
behavior change.
From Laws, Hudson, Ward, Eds.,
Remaking Relapse Prevention with
Sex Offenders, 2000
CONTAINMENT Requires
Team Communication
Call victim
• Call each other
• Make notes in
the file
• Reports go to all
team members
• Use email
• Obtain
corroborating
information
• Meet monthly
Containment: There is no silver bullet
but there are lots of tools
• Treatment is a public safety tool
• Polygraph monitoring
• Intense supervision
– Small Caseloads!
• HOUSING: Positive social
support/therapeutic living arrangement
• Electronic monitoring/Pager
• GPS
• UA testing
• Law enforcement notification
• DNA testing
• Lifetime supervision WITH specific
criteria describing how to work your way
off!
© 2005 Kim English, Peggy Heil
3) Containment Approach
POLYGRAPH
Confidentiality waivers
Surveillance officers
Consistent policies
Interagency teams
Employment restriction
Internet restriction
Approved Tx providers
Polygraph examiner approval
Leisure time monitoring
DNA , EHM, CPS
Family reunification policies
LE registration
UA
Monitored leisure time
72 hour MH hold
Ts & Cs of supervision
Victim therapist
Victim community approval
Cross Training
Safe Houing
TX
CJS
Managing Adult Sex Offenders: A Containment
Approach (English, Pullen and Jones, 1996)
Containment Approach:
4) Informed Policies
 The acceptance or rejection of plea agreements in cases of
sexual assault
 The use of polygraph information
 The acceptance of sex offenders in denial for community
supervision
 Decisions about the granting of limited immunity to offenders
who reveal additional sexual crimes in the process of treatment
 Selection criteria for treatment providers
 Risk focused surveillance of sex offenders
 Family reunification assessment protocols
 Confidentiality waivers
 Revocation procedures
 Third party liability / duty to warn potential victims
Managing Adult Sex Offenders: A Containment
 Failure to progress in treatment
Approach (English, Pullen and Jones, 1996)
Containment Approach:
5) Quality Control
Monitoring
Process
Outcome
PROGRAM
EVALUATION
Managing Adult Sex Offenders: A Containment
Approach (English, Pullen and Jones, 1996)
5) Quality Control
• Written Protocols
• Written Expectations of Service Delivery
by Polygraph Examiners and Treatment
Providers
• Polygraph examiners with additional training
in countermeasures
• Approved Service Provider Referral List
• Staff Qualifications
• Frequent Training of Staff
• Written Treatment Plans Based on
Comprehensive Psycho-Social Evaluations
• Staff Supervision and Clinical Consultations
Quality Control Includes Looking At How
the team functions: Burnout Results
From…
 Lack of cooperation among
team members
 Lack of information sharing
 Lack of consequences for
failed polygraph exams
 Job impact
Why Containment?
The majority of
offenders on
your caseload
are dangerous.
These crimes occur in secret
We need information to
learn each person’s
assault process
What is the difference between
rape victims who report and
those who do not report?
• Younger age
• Knowing the perpetrator
Delay
Disclosure
Smith, Letourneau, Saunders,
Kilpatrick, Resnick, Best, 2000
• Life threat
• Physical injury
• Stranger perpetrator
Hansen, Resnick, Saunders,
Kilpatrick, Best, 1999
Increase
Likelihood
of Disclosure
Arrest Rates
27% of reported
sex crimes resulted
in an arrest
NIBRS 1991-1996, Snyder, 2000
In Colorado, between 1994-98, 54%-70% of those charged with a
felony sex crime were convicted of a sex crime.
U.S. Dept. of Justice
Study
L.A. Greenfeld, Sex Offenses and Offenders, Feb. 1997:25.
Of state prisoners
participating in the 1991
Bureau of Justice
Statistics Survey, many
committed the crime while
they were on probation or
parole.
© 2005 Kim English, Peggy Heil
U.S. Dept. of Justice
Study
L.A. Greenfeld, Sex Offenses and Offenders, Feb. 1997:25.
1:4
of prisoners serving
time for RAPE…
and
1:5
of prisoners serving
time for SEXUAL
ASSAULT,,,
…Committed the crime they
were doing time for WHILE
they were under supervision.
© 2005 Kim English, Peggy Heil
2003 U.S. Recidivism Study
U.S. Bureau of Justice Statistics, November 2003 NCJ 198281
• Studied 9,691 violent (used or
threatened force) sex
offenders from 15 states who
were released from prison in
1994 (Two thirds of all SOs
in US prisons)
• Rearrest, reconviction and reincarceration over a 3 year
period.
2003 U.S. Recidivism Study
U.S. Bureau of Justice Statistics, November 2003 NCJ 198281
Compared to non-sex
offenders released
from State prisons,
released sex
offenders were 4
times more likely to
be rearrested for a
sex crime.
The people on your caseload are high risk
Let’s talk about
sex offender
risk assessment
Risk Assessments Rely on
Official Record Data
On average, only 1%
to 3% of offenders’
self admitted sex
offenses are
identified in official
records
Risk Assessment
Instruments
• Is low risk really
UNKNOWN risk?
• Risk 2 or 5 or 10 years
from now is not risk in 45
minutes.
Sex Offender Risk Assessment
Is ongoing
Again and again and again and again and again
The criminology literature is clear
that risk is related to…
• Early onset
• Duration
• Frequency
• Variety
Job Impact!
Practitioners who manage sex
offenders expose themselves
to a world of unthinkable
acts. They enter an
environment where abuse is
the norm.
Working with sex offenders carries
emotional and psychological risks for
which none of us are completely
prepared.
Pullen and Pullen, 1996
You carry the burden of public
safety, and of victims who can’t
speak for themselves
English, Pullen and Jones, 1996
You have to understand both the
TRAUMA experienced by the victim
and
the insidious MANIPULATION
used by the offender to abuse
the victim(s).
Pullen and Pullen, 1996
What distinguishes temporary
professional stress from intrusive and
disruptive job impacts is that
professionals begin to
organize their lives around
the traumatic material
VanderKolk, McFarlane,and Weisaeth, 1996
Compassion Fatigue
Police, fire fighters, EMTs
and other emergency workers
felt most vulnerable to
compassion fatigue when they
faced the pain of children.
Beaton, R. and Murphy, S.A.(1995). “Working people in crisis:
ResearchImplications” in C.R. Figley (Ed.) Compassion fatigue: Coping with
secondary PTSD among those who treat the traumatized. Bruner Mazel,
New York.
The Personal Impact of
Working with Sex Offenders
“Recognize the inevitability of
being affected by the work.”
---Rosenbloom et al, 1995
Rosenbloom, Pratt and Pearlman in Stamm (1995)
It is natural for people to become
overwhelmed when they are
unable to integrate difficult and
traumatic information.
Herman (1992) describes this, in
part, as the result of repeated
exposure to extraordinary harm.
1. The effects of repeated exposure to
traumatic material are cumulative, gradually
changing beliefs about the world (“Are people
basically good?” “Am I abusive?”).
2. The effects are permanent, that is, resulting
in lasting changes about how we view the world
and ourselves.
3. The effects are emotionally intrusive and
painful, for certain images and feelings may
remain with the professional long after contact
with a particular client has ended.
Rosenbloom, Pratt, and Pearlman (1995:68)
“I believe this is a task
too difficult to be done
entirely alone; that it can
only be done, not by the
community, but in the
context of community.”
Stamm (1995:xii)
“Sharing the traumatic
experience with others is
a precondition for the
restitution of a sense of a
meaningful world.”
Judith Herman, 1992
Sooooo…….
Take care of yourself!
And take care of each other.
Personal and Social Costs
Of Sexual Assault Are
Very High
• More than half of victims have been raped
more than once.
• 6x more likely to develop PTSD.
• 3x more likely to develop major
depression.
• 13x more likely to attempt suicide.
Rape in American: Report to the Nation, 1992
You must remember this:
If you prevent the
abuse of one child or one
adult, you will have
accomplished an
immeasurable good.