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Adolescent Development

• Adolescent Development and the Regulation of Youth Crime - Authors: Elizabeth Scott and Laurence Steinberg

  The authors explore the dramatic changes in the law’s conception of young offenders between the end of the nineteenth century and the beginning of the twenty-first. They note that in early 19th C Juveniles were tried and punished as adults. Reformers argued for a more rehabilitative model. An upswing in violent crime moved public opinion once again towards the view that youth should be held to the same standard as adults. Lawmakers now appear to be rethinking their views as scientific evidence emerges adolescent development.

• Beyond Raging Hormones: The Tinderbox in the Teenage Brain

  In a 2003 article from CEREBRUM: THE DANA FORUM ON BRAIN SCIENCE, psychiatrist Ronald Dahl discusses the neuroscience of the adolescent brain as well as the confluence of the passion of the teen brain and the cognitive limitations.

• Developmental Tasks of Normal Adolescence

  Adapted from: Ingersoll, Gary M. (to be published). Normal adolescence. Bloomington, IN: Center for Adolescent Studies Professor Robert Havighurst of the University of Chicago proposed 11 adolescent tasks in developing an overall sense of self while transitioning into young adulthood.

• Facing Facts: Sexual Health for America\'s Adolescents The Report on the National Commission on Adolescent Sexual Health

  This 1995 report from the Sexuality Information and Education Council of the United States is a consensus statement, endorsed by 48 national organizations, explores: adult roles in promoting adolescent sexual health, international comparisons, readiness for mature sexual relationships, abuse, abstinence and sexual activity, various sexual activity statistics (age, number of partners, protected or not, etc.) sexual self-concepts, cognitive and physical and psychosexual development, developmental stages and tasks, etc.

• Understanding Adolescents: A Juvenile Court Training Curriculum Module I Kids Are Different: How Knowledge of Adolescent Development Theory Can Aid Decision-Making in Court

  This is the first in a series of six training modules published in 2000 by the American Bar Association Juvenile Justice Center/Youth Law Center, The goal of Module One is for participants to develop a working knowledge of key aspects of adolescent development, and to learn how to apply this knowledge to their decision-making at critical junctures in the juvenile court process. The guide explores adolescent in the cognitive, moral, social, biological and skill mastery domains.

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Civil Commitment

• Closing Pandora’s Box: Sexual Predators and the Politics of Sexual Violence by Eric s. Janus

  The author summarizes recent events in Minnesota and Wisconsin, two of the original SVP states. Their programs are now a decade or more old. "The central lesson of these stories is that the politics of sexual violence, as framed by SVP laws and popular passion, will not let us close this Pandora’s box. Ultimately, it will be both society at large and future victims of sexual violence who suffer, because the expense of SVP programs is wildly out of proportion to their benefit."

• Profile of Civil Commitment Around the Country

  This document map profiles states with civil commitment programs around the country.

• The constitutionality of civil commitment and the requirement of adequate treatment by Douglas G. Smith, Professor of Law, George Mason University , School of Law

  This article addresses the constitutional concerns and costs and benefits associated with civil commitment for sexually violent predators. In particular, it focuses on Washington's civil commitment program, the oldest such program in existence in the United States and, indeed, the only program in the nation in which the constitutional parameters of the treatment program have been fully litigated.

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Community Management and Treatment - Adolescent

• Community-Based Standards for Addressing Youth Who Have Caused Sexual Harm

  This is an excellent comprehensive guide for community based treatment. The authors recognize that:
  * Interventions with youth who have caused sexual harm are continually evolving
  * We now have some empirically based studies to guide treatment
  * The new studies are influencing a paradigm shift in service provision.
  * Research indicates that "most adolescent sex offenders pose a manageable level of risk to the community"
  * "intensive homebased treatment currently offers the most promising successful long-term outcomes for youth who have caused sexual harm"

• CSOM Standards and Guidelines for Juvenile Sex Offenders

  The Colorado Sex Offender Management Board provides comprehensive guidelines for the evaluation, assessment, treatment and supervision of juvenile sex offenders. Major topics include: pre-sentence investigations, evaluation and ongoing assessment, standards of practice for treatment providers, qualifications of providers and evaluators, responsibilities of multidisciplinary management and supervision teams, conditions of community supervision, polygraphs, and family reunification.

• Grooming Paranoia by Timothy Horton

  In this training memo, Tim Horton explores and distinguishes "grooming behavior" ( sexually explicit - with intent of abuse) from normal, healthy, adolescent pro social "flirtation"

• Reintegrating Juvenile Offenders into the Family - Mark Chafin PhD

  This article, adapted from a workshop by Dr. Chafin, briefly examines what is known or assumed to be true about adolescent abusers and family reunification

• San Diego Standards for the Treatment of Sexually Abusive Youth

  The San Diego Sex Offender Management Council presents standards for the treatment of sexually abusive youth. The guidelines cover such topics as qualifications for treatment providers, interagency collaboration needed in the containment model approach, assessment and placement, standards of practice, and dealing with special populations. Appendices include various evaluation and referral forms, as well as a CCOSO position paper for family resolution.

• The Effective Management of Juvenile Sex Offenders in the Community

  The Virginia Department of Juvenile Justice provides an overview of effective case management protocols for juvenile sex offenders in the community. The guidelines reflect best practice standards for the management and supervision of juvenile sex offenders, and seek to address issues such as appropriateness of community placement, type of supervision and services required to maintain public safety, and offender readiness for decreased or terminated services.

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Community Management and Treatment - Adult

• Interview with Supervision Agents

  DC Public Safety provides brief programs for the public on crime, criminal offenders and criminal justice. This document is a transcript of interviews with sex offender community supervisory agents discussing the challenges of providing a comprehensive system for managing sex offenders in the community: including labor intensive active supervision (ratio of 23 offenders to one agent), home visits, aligning with family members, PPG, Polygraph, GPS monitoring and treatment. The links will take you to an audio or video version of the interviews.

• Offender Supervision with Electronic Technology. 2002

  This 124-page document produced by the American Probation and Parole Association for staff education. It is divided into five sections: Developing or enhancing the use of electronic supervision tools, Obtaining and maintaining needed resources, Making technical decisions, Supervising offenders with electronic technologies, and Program Accountability.

• Sex Offenders and Communities from Hamilton County, Ohio

  Communities across the country are being challenged to address issues related to sex offenders. Recognizing local concerns, the Hamilton County Board of Commissioners requested this research study to identify ways to better protect and inform citizens, and at the same time, to consider measures to reduce the likelihood of sex offenders re-offending.

• Terms and Concepts Related to Sex Offender Specific Treatment

  This document published by the Center for Sex Offender Management contains brief definitions of number of terms and concepts referenced in their training Curriculum \"overview of Sex Offender Treatment for a Non-Clinical Audience\"

• The paraphilias, obsessive compulsive spectrum disorder and the treatment of sexually deviant behaviors

  In a 1999 article in the Psychiatric Quarterly, forensic psychiatrist J. M. W. Bradford of the University of Ottawa, Canada, suggests a comorbidity of OCD and paraphilias. Studies of SSRI’s in treating sexual deviancy suppressed deviant urges, while allowing normophilic arousal; a humane preference over chemical castration.

• Thinking for a Change: Integrated Cognitive Behavior Change Program. Authors: Jack Bush, Ph.D., Barry Glick, Ph.D., Juliana Taymans, Ph.D.

  This 331 page manual synthesizes the concepts and tools from both cognitive restructuring and cognitive skills into one \"completely integrated and seamless intervention.\"

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Community Reintegration

• BALANCING ACTS – keeping children safe in congregations

  This manual, developed by Rev. Debra W. Haffner, Director of the Religious Institute on Sexual Morality, Justice, and Healing and an ordained Unitarian Universalist Minister, offers information and procedural suggestions for leaders faced with the difficult task of helping the congregation decide if and how to include a sexual offender in their religious community.

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Developmentally Delayed Sexual Offenders

• Addressing The Needs of Developmentally Delayed Sex Offenders: A Guide, By Judy Tudiver, Shirley Broekstra, Sheena Josselyn and Howard Barbaree

  The goals of this 1998 Canadian publication by the National Clearinghouse on Family Violence are (1) to provide a conceptual framework for working with developmentally delayed individuals with problematic sexual behavior, (2)to review the research literature, describe the charactheristics, types of sexual offenses,and provide clinical practice guidelines for assessment and treatment for this popualation.

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Electronic Monitoring

• A Tagging Tale: the work of the monitoring officer, Electronically monitoring offenders in England and Wales by Adrian Jones

  This article 2005 published in the Journal of Surveillance & Society describes the work of Field Monitoring Officers (FMOs) employed by Premier Monitoring Services limited (PMS) one of the contract companies which provide the service of electronically monitoring offenders in England and Wales. It explores the officer\'s work and the difficulties which they face on a day to day basis.

• A Call for Evidence Based Policy by Matthew DeMichele, Brian Payne and Deeanna Button

  In this short paper published by the Council of State Governments (www.csg.org)in 2007 the authors highlight numerous problems accompanying electronic monitoring and suggest that public policy should originate from science not politics.

• Electronic Monitoring & Offending Behavior: Reconviction Results for the 2nd Year of Trials of Curfew Orders

  A 2001 article from London’s Home Research, Development and Statistics Directorate publication. Findings presents an overview of the effectiveness of monitoring and curfews on reoffense.

• Electronic Monitoring Should Be Better Targeted to the Most Dangerous Offenders

  A study from the Office of Program Policy Analysis & Government Accountability (Florida, 2005) based on 705 GPS-monitored offenders finds that active and radio frequency monitors are more effective than passive GPS monitors. This study also found that the monitors were not being used on the most dangerous offenders, and recommends that the State use GPS as a standard condition of supervision, and use its offender risk assessment tool to prioritize use.

• Electronic Monitoring: published by the John Howard Society of Alberta Canada

  This 2000 report published by the John Howard Society of Alberta Canada, provides a brief and apparently well documented overview of electronic monitoring purposes, history, technology, constitutional issues, costs and effectiveness. It takes a generally dim view on all aspects.

• Implementation & Early Outcomes for the San Diego High-Risk Sex Offender GPS Pilot Program

  UC Irvine Center for Evidence-Based Corrections’ November 2007 working paper presents analysis of the implementation and outcomes for the GPS monitoring of high-risk sex offenders in California. False alarms due to technological challenges of the equipment skew findings, however subsequent reports are expected to offer more accuracy of the program’s effectiveness.

• Monitoring Tennessee’s Sex Offenders Using GPS: A Project Evaluation

  A 2007 report from the Tennessee Board of Probation and Parole found no statistical significance in the first year of supervision between treatment and control groups, regarding number of violations and new charges; however, it was found to be useful in containment of offenders. The report recommends continued use of GPS with tiered monitoring, additional staffing and funding, troubleshooting, and further training for maximizing effectiveness.

• Offender Supervision With Electronic Technology: A User\'s Guide: by Ann H. Crowe Linda Sydney; Pat Bancroft ;Beverly Lawrence

  An unpublished document prepared for the Department of Justice. It is designed to help readers understand and appreciate the process needed to incorporate and implement electronic supervision strategies within justice system programs. The document is divided into five sections, and by reading each of these sequentially, the steps for developing or enhancing electronic supervision strategies will be apparent. However, sections or chapters may be read independently if program staff need additional information about a particular topic. It is intended that after reading this document, justice system professionals will be able to: • Conduct preliminary assessment and planning tasks necessary for developing an electronic supervision program component. • Explore and acquire needed resources for electronic supervision. • Make technical decisions about the equipment and services needed and undertake the procurement process. • Design effective offender supervision strategies using electronic technologies. • Engage in program accountability tasks.

• Offender Supervision with Electronic Technology: Community Corrections Resource (2005) published by the U.S. Department of Justice

  This 234 page book offers a thorough review of electronic monitoring of offenders from the American Probation & Parole Association (APPA). It starts from a premise that technological changes and social changes go hand -in-hand and proceeds to explore how electronic monitoring is changing the field of Community Corrections. The book\\\\\\\'s stated intention is to provide community corrections agencies with the needed information to aid their decision-making process regarding implementing, adjusting, and maintaining or eliminating an electronic supervision component, but not to provide a complete assessment of each kind of monitoring technology.

• Report on New Jersey’s GPS Monitoring of Sex Offenders. Published by the N.J. State Parole Board

  A 2007 16 page report to the New Jersey Legislature reviewing results from electronic monitoring of 225 sex offenders. The report concludes that GPS monitoring appears to encourage these high-risk sex offenders to control their behavior, and avoid situations that would inspire new crimes.

• The Task Force to Study Criminal Offender Monitoring by GPS Systems: Final Report to the Governor and General Assembly (Maryland, 2005)

  Finding GPS a powerful tracking tool, this overview recommends legislative action, continuing authorization of this task force, expansion of GPS use, monitoring of pertinent federal legislation, and continued review of GPS in other jurisdictions.

• Tracking Sex Offenders with Electronic Monitoring Technology: Implications and Practical Uses for Law Enforcement (2008).

  This 16 page document: • defines electronic monitoring technology and its uses • discusses law enforcement involvement with electronic monitoring technology • provides examples of electronic monitoring technology • outlines the benefits and concerns of electronic monitoring technology • highlights key considerations for the law enforcement community. It focuses specifically on GPS monitoring systems, as these are the most common type of electronic monitoring technology used for supervising sex offenders

• Using Global Positioning Systems (GPS) for Sex Offender Management, by Niki Delson MSW

  Global Positioning System as a tool for managing sexual offenders has made its way into legislation without empirical support regarding its effectiveness. This article includes a brief description of the science behind the technology, its usefulness and challenges for supervising and managing sexual offenders, and some of the civil rights issues yet to be answered.

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General Information

• Child Molesters: A Behavioral Analysis For Law Enforcement Officers Investigating Cases of Child Sexual Exploitation by Kenneth B. Lanning 1992

  A 70 page monograph by the leading Federal law enforcement expert on the subject, this "everything you want to know about child molesters and pedophiles" is intended primarily for investigative personnel. It based on the author's extensive professional experience rather than scientific research. Because the author is a leading law enforcement authority he has usually worked on heinous and/or unusual cases and he generalizes about his subject from that perspective.

• Child Sexual Abuse: Trainers’ Guide

  California Social Workers’ standardized core competencies manual from 2002, used in training graduate students’ skills, knowledge, values, and learning objectives. Includes vignettes, role play exercises, cultural and investigation considerations, intra-familial dynamics, behavioral indicators, and more.

• Development of Sexually Abusive Behaviour in Sexually Victimised Males: A Longitudinal Study (abstract only): Salter D, McMillan D, Richards M, et al.

  Popular opinion is that there is a strong correlation between being a male victim of sexual abuse and becoming a sexual predator. This study refutes the “cycle of abuse premise”

• Facts About Adult Sex Offenders - ATSA

  The Association for the Treatment of Sexual Abusers’ 2001 concise overview summarizing general characteristics and statistics of sex offenders and victims, risk assessment, treatment effectiveness, recidivism rates, sex offender typologies, cost of treatment, community notification and residence restrictions. Emphasizes need for effective public policy, education, treatment and prevention of sexual abuse.

• Myths and Facts About Sex Offenders - CSOM

  A 2000 overview from the Center for Sex Offender Management that debunks 11 common myths about sex offenders and victims. Also includes statistics and profiles of adult and juvenile offenders. This brief was supported by a grant from the Office of Justice Programs, written predominantly by Rob Freeman-Longo.

• Sexual Abuse Decline in the 1990’s: Evidence for Possible Causes

  From the University of New Hampshire Crimes against Children Research Center, this paper chronicles the 39% decline of CPS reported child abuse cases. It is hoped that this is due to improvements in prevention, treatment, and criminal justice as a result of increased awareness, as opposed to decreased reporting or changes in CPS procedures.

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Good Lives Model

• Rehabilitation, etiology, and self-regulation: The comprehensive good lives model of treatment for sexual offenders by Tony Ward and Theresa A. Gannon

  This article draws on two sets of theoretical resources to develop a comprehensive theory of sexual offender rehabilitation named the Good Lives Model-Comprehensive (GLM-C). The original Good Lives Model (GLM-O) forms the overarching values and principles guiding clinical practice in the GLM-C. The latest sexual offender theory (i.e., the Integrated Theory of Sexual Offending; ITSO) provides a clear etiological grounding for these principles. The result is an improved rehabilitation model that conceptually links the latest etiological theory with clinical practice and has the theoretical resources to secure currently used self-regulatory treatment practice within a meaningful structure

• Criminogenic needs and human needs: A Theoretical model by Tony Ward and Claire Stewart

  The authors argue that an enriched concept of needs embedded in the notion of human well being can provide a coherent conceptual basis for rehabilitation and also avoid the problems apparent in the concept of criminogenic needs. From this perspective, criminogenic needs are construed as internal and external obstacles to leading a fulfilling life. Outlines a possible intervention framework utilising certain ("categorical") needs and discusses the clinical and policy implications of this perspective.

• Good lives and the rehabilitation of offenders: Promises and problems by Tony Ward

  The author argues that every rehabilitation program presupposes conceptions of possible good lives for offenders and, associated with this, an understanding of the necessary internal and external conditions for living such lives. Clarifies the notion of good lives and outlines necessary features.

• Good Lives, Self-Regulation, and Risk Management: An Integrated Model of Sexual Offender Assessment and Treatment. By Pamela Yates

  Reviews and integrates several sexual offender assessment and treatment models into a comprehensive case formulation approach for use in the assessment, treatment, and supervision of sexual offenders. Argues that none of these models singly is sufficient to guide the assessment and treatment of sexual offenders, and that an integrated model that draws on research and practice in the development of case formulation, is most likely to be effective in achieving the goals of reduced recidivism, risk reduction, and reduced rates of sexual victimisation.

• Reconstructing the Risk–Need–Responsivity model: A theoretical elaboration and evaluation by Tony Ward, Joseph Melser Pamela M. Yates

  This article examines theoretical strengths and weaknesses of the Risk–Need–Responsivity (RNR) model of offender rehabilitation. It briefly discusses the nature of rehabilitation theories and their core components and reviews the three source theories associated with the RNR Model. Reconstructs the RNR model in light of this analysis, essentially arguing that there are at least three components to any rehabilitation theory: primary aims, values and principles; etiological and methodological assumptions; and practice implications. Evaluates the theoretical and empirical adequacy of the RNR model in this light and conclude with comments on the policy, research, and clinical implications of this evaluation (and reconstruction) of this mportant rehabilitation model.

• The Good Lives Model of Offender Rehabilitation: Clinical implications by Tony Ward , Ruth E. Mann , Theresa A. Gannon

  This article expands the practice elements of the Good Lives Model-Comprehensive (GLM-C) of offender rehabilitation and provides a detailed examination of its assessment and treatment implications. It also discusses rehabilitation and the qualities a good theory of rehabilitation should possess, briefly describes the principles, etiological assumptions, and general treatment implications of the GLM-C and outlines in detail the application of this perspective to assessment and treatment of sexual offenders. Conclude with a summary of the major benefits envisaged from bringing the GLM-C to sexual offender rehabilitation.

• The Treatment of Offenders: Current Practice and New Developments with an Emphasis on Sex Offenders by Tony Ward, Theresa Gannon? and Pamela M. Yates

  This article Reviews offender rehabilitation approaches past and present with focus on "what works." Examines the currently most widespread and successfully used rehabilitation principles (e.g., the Risk/Need/Responsivity Model). Places special emphasis on sex offender rehabilitation.

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Help for Caregivers

• Parenting a Child Who Has Been Sexually Abused: A Guide for Foster and Adoptive Parents (2008)

  This factsheet, published by The US Department of Health and Human Services discusses how caregivers can help sexually abused children in their care. It offers information about sexual abuse, how to create family guidelines for safety and privacy, and offers advise on how to seek help when needed.

• When Teenage Girls Have Been Sexually Abused: A Guide for Teenagers

  A simple booklet published by the Public Health Agency of Canada answers is written for teenagers to answer some common questions and let them know they are not alone: For example - What is sexual abuse? what is sexual harassment? what is consent?, why should I tell? Caution: When using this guide, make sure you clarify that the section on laws - particularly age of consent, are specific to CANADA. Treatment providers may want to create an insert regarding California laws.

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Internet Crimes

• Just The Facts About Online Youth Victimization: Researchers Present the Facts and Debunk Myths

  This 34 page document is the transcript from the May 3, 2007 luncheon panel of the Advisory Committee to the Congressional Internet Caucus. The panel, made up of the nation's foremost academic researchers on child online safety (Dr. David Finkelhor, Dr. Michele Ybarra, Amanda Lenhart, danah boyd,) presented their research and answered audience questions.

• Internet Crimes Against Children: A Matrix and Summary of Major Federal and Select State Case Law Authors: Marieke Lewis, Patrick Miller, Alice R. Buchalter

  This October 2009 Report Prepared by the Federal Research Division,Library of Congress,under an Inter agency Agreement with the National Institute of Justice, provides, in chart and narrative form, a summary of the findings of major cases on this topic that have been adjudicated in federal and select state courts.

• Internet Crimes Against Children: A Matrix Of Federal And Select State Laws

  This October 2009 report, Prepared by the Federal Research Division, Library of Congressunder an Interagency Agreement with the National Institute of Justice provides, in tabular format, the major provisions of federal and select state (California, Connecticut, Florida, Michigan, Missouri, New Hampshire, New Jersey, New York, North Carolina, and Pennsylvania) laws that impose civil and criminal sanctions against persons convicted of Internet crimes against children.

• Internet Crimes Against Children: An Annotated Bibliography of Major Studies. Authors: Marieke Lewis, Patrick Miller, Alice R. Buchal

  This annotated bibliography reviews the findings of major studies, surveys, and reports that evaluate research done in the past 10 years on Internet crimes against children. This research is categorized into several subtopics: unwanted solicitation for sexual contact or pictures; pornography (children as the subject); harassment and bullying; and unwanted exposure to sexually explicit material.

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Juvenile Justice

• Adolescent Legal Competence in Court. By the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

  The Network on compared the responses of youth and adults in a series of hypothetical legal situations, such as plea bargains, police interrogations, and attorney-client interactions. Responses revealed the degree to which participants understood the long-term consequences of their decisions, their ability to weigh risks, and other factors related to developmental and cognitive maturity. Findings show that a significant portion of youth, especially under age 15, are likely unable to participate competently in their own trials, either in an adult or juvenile court, owing to developmental immaturity.

• Assessing Juvenile Psychopathy: Developmental and Legal Implications By the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

  Network researchers compared PCL assessments over time for 200 juveniles versus 120 adults, divided evenly between “psychopathic” and “non-psychopathic” individuals. Adolescents and adults were recruited from secure facilities and interviewed and assessed at four different times: baseline, one month, one year, and two years. The researchers also assessed three developmental characteristics: responsibility (including resistance to peer pressure), perspective, and self-control. Preliminary results suggest that juveniles’ scores on the PCL-YV, relative to adults, declined more over time. One logical conclusion, the researchers suggest, is that the decline in scores among teens may stem from their increasing maturity.

• Community-Based Standards For Addressing Youth Who Have Caused Sexual Harm. Authors: Joann Schadale, Peter Barnett, Karen Fredricks, David E. Brown, Therese Langan, Jane Nunez, Joan Moylan-Trigiano

  The community-based standards, founded upon emerging research, are designed to integrate new and exciting findings that inform successful treatment outcomes, provide a guide for treatment that is safe for all members of a community, and are cost-effective. The standards are not designed to supplant existing residential and/or state standards, but rather to fill in gaps, inspire, and provide a reference point for a comprehensive continuum of care.

• Creating Turning Points for Serious Adolescent Offenders: Research on Pathways to Desistance. By the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

  The study, which is following 1,355 serious offenders aged 14 to 17 in two cities, finds that a majority of the adolescents report little or no involvement in antisocial activities three years after their involvement with the court. Moreover, a sizable group — about 15%—go from a very high level of involvement to almost none.

• Deviant Peer Influences in Intervention and Public Policy for Youth (FULL REPORT) by Kenneth A. Dodge, Thomas J. Dishion, and Jennifer E. Lansford

  This 2006 report published by the Society for Research in Child Development reviews the scientific evidence demonstrating how deviant behavior such as delinquency is contagious and spreads among deviant youth when they associate with each other OR are placed with each other as a result of social policies. makes the following recommendations: 1) Programs, placements, and treatments that aggregate deviant youth that are ineffective as well as costly should be terminated whenever possible; 2) Effective alternatives to deviant peer-group placement are available and should be supported; 3) Policy decision-making should take into account the system-wide impact of interventions and placements on both deviant youth and their communities; and 4) Practitioners, programs, and policymakers should document the peer context of each placement and evaluate the impact of each placement on the youth and the community.

• From Time out to Hard Time: Young Children in the Juvenile Justice System ( 2009) by Michele Deitch, Amanda Barstow, Leslie Lukens and Ryan Reyna. A Special Project Report from the Lyndon B. Johnson School of Public Affairs

  This report examines the plight of pre-adolescent children-primarily those who are 12 and under-who are caught up in the adult criminal justice system. The authors state "Whatever policy-makers may think about treating older teen offenders as adults, we hope that our research demonstrates that pre-adolescents present an entirely different set of challenges. Young children are still developing their brains and personalities and are capable of rehabilitation, yet they are often denied that redemptive possibility due to the imposition of lengthy mandatory sentences.

• Less Guilty by Reason of Adolescence. By the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

  This document reports on the Network’s Study of Juvenile Culpability which was designed to provide scientific data on whether, in what ways, and at what ages adolescents differ from adults

• Perspectives on Residential and Community-Based Treatment for Youth and Families: Magellan Health Services Children’s Services Task Force

  White Paper based on reviews of the literature on the efficacy of residential treatment and alternative treatments for youth with serious emotional disturbance . The paper concludes that while residential treatment remains an important component of a system of care, for most youth, community-based interventions represent a more appropriate and less costly alternative to residential placement

• Restructuring Juvenile Corrections in California: A Report to the State Legislature, (2005) by Sele Nadel-Hayes, MPP, and Daniel Macallair, MPA

  This report recognizes \\\"California’s failed approach to youth corrections\\\" and makes the following recommendations for reform • Create or expand county and/or regional-based treatment facilities that can absorb the youth offender populations currently housed in state-run correctionalfacilities. • Create a permanent funding stream that reallocates resources from state-run correctional institutions to county probation departments. • Establish a state-administered oversight body that provides technical assistance and body that provides technical assistance and monitoring of county and regional juvenile justice treatment and custodial programs. • Utilize private and nonprofit agencies’ evidence-based services and programs to expand the range of correctional options at the county and regional level.

• Sexting' and the First Amendment, by John A. Humbach, Pace University School of Law

  A recent study shows that about 20% of U.S. teenagers (including 11% of teen girls ages 13-16) admit to producing and distributing nude or semi-nude pictures of themselves. This article considers whether people, particularly teenagers, have a constitutional right to record and document their own legal activities, in particular, sexual conduct and nudity. Such "autopornography" may sometimes be considered legally obscene, a category that is not, of course, protected by the First Amendment. But even pictures and videos that are not obscene may still be illegal if they fall into the broad constitutional category of "child pornography.

• STILL BROKEN: California\\\'s Failing Youth Prison System, Four Years After Farrell v. Allen

  In 2003, the widely publicized youth prison crisis led to a lawsuit against DJJ alleging inhumane conditions. The lawsuit, Farrell v. Allen, was settled in 2004. \\\"But the DJJ has so dramatically failed to comply with court-ordered remedial plans that plaintiffs have sought a receiver to take over the reforms. This document is a report card and analysis from \\\"Books Not Bars, an Ella Baker Center for Human Rights campaign\\\\\\\" on the DJJ prisons.

• The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Adult Criminal Court. By the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice

  By comparing similar offenders in two settings who were arrested and charged with the same felony offenses during the same time period, the researchers were able to determine whether treating juveniles as adults in the legal system is an effective deterrent to crime. The results suggest that harsher sentences and adult punishment are ineffective deterrents to crime among the juveniles in this sample.

• The Detrimental Effects of Group Placements/Services for Youth with Behavioral Health Problems

  This Fact Sheet summarizes the report “Deviant Peer Influences in Intervention and Public Policy for Youth", published by the Society for Research in Child Development. The study concluded that at-risk adolescents’ propensity to become further unruly or delinquent is exacerbated through association with other antisocial individuals and peer groups.

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Laws and Legal Issues

• American Bar Association

  “The ABA opposed those provisions of the Adam Walsh Act (SORNA) that apply to juvenile offenders. A large percentage of “sex offenses” occur within families and do not rise to the level of sexual predation that is the target of the Act. The "Lifetime Registration" provisions of the Act are likely to have a chilling effect on the reporting of these crimes and will reduce admissions (guilty pleas) to the charges in the cases that do get reported.”

• Coalition for Juvenile Justice

  Agues why SORNA Should Not Be Applied Retroactively to Children and Youth Adjudicated within the Juvenile Court System: 1) The Attorney General “underestimates how difficult it would be for the states to apply the mandates of the Act retroactively.” 2) CJJ asserts the retroactivity runs afoul of fundamental fairness. At the time of disposition, neither the judge nor the juvenile nor the prosecuting or defending attorney were proceeding with the expectation that the child’s adjudication would trigger the additional sanction of registering for 25 years to life as a sex offender.

• Gonzales v. Duncan

  The court held that the application of the three-strikes law resulted in a constitutionally excessive penalty.

• Implications for Juveniles - APRI

  American Prosecutors Research Institute (written in 2006) provides an overview of how, state legislatures have implemented sex offender registration for those adjudicated delinquent in juvenile courts, and how appellate courts have construed those requirements. In so doing, this article aims to demonstrate the protections for juvenile offenders that are stake with the SORNA Act’s passage.

• Implications for Juveniles - NJJN

  The SORNA establishes new guidelines for placing juveniles adjudicated delinquent on both national and state sex offender registries. This fact sheet prepared by the National Juvenile Justice Network, explains the new registration requirements for juveniles adjudicated in the juvenile justice system.

• Implications of SORNA on Indian Tribes

  The Tribal Court Clearing House summarizes the implications of SORNA on Indian Tribes. “Non PL 280 tribes that do not pass a tribal resolution by July 27, 2007 will automatically delegate jurisdiction over sex offender registration to the state.”

• Kennedy v Louisiana NASW et al brief

  This Brief, filed by National Association of Social Worker and numerous victim advocacy agencies, argues on behalf of the petitioner in Kennedy v. Louisiana stating that the court should eliminate the death penalty for child rape as it harms, rather than helps abused children. They assert that permitting the death penalty : will worsen the problem of under- reporting sexual abuse Will increase the incentives that child molesters have to kill their victims Will magnify the trauma that child victims already experience in the criminal court process Would equate the severity of that crime with the most egregious murders, thus impeding victim's recovery

• Kennedy v. Louisiana

  Kennedy v Louisiana (6-25-2008). This 5-to-4 Supreme Court decision found the death penalty unconstitutional for cases of child rape. The decision overturned death penalty laws in Louisiana and five other states.

• National Association of Criminal Defense Lawyers argues

  National Association of Criminal Defense Lawyers argues “The interim rule violates the ex post facto clause; The extensive community notification provisions of SORNA publicly disgrace and humiliate the registered offender in his or her community; SORNA imposes affirmative restraints and disabilities on the offender; will cause widespread confusion and may tend to destabilize offenders who have paid their debt to society and are living productive, non-offending lifestyles.”

• National Association to End Sexual Violence

  National Association to End Sexual Violence’s legislative analysis states that they are “concerned that the political discussion surrounding sex offender management issues, both on the national and state level, has become greatly skewed towards efforts to increase penalties for offenders and create more restrictive offender management programs in lieu of addressing the underlying issues which lead to sex offending behavior.” The document analyzes sections of the SORNA act stating the position.

• NCSL Summary P.L. 109-248

  National Conference of State Legislature’s summary of P.L. 109-248 (AKA SORNA, AKA Adam Walsh Child Protection Act) is an easy to read, 5 page document that provides a section by section summary of the act.

• No easy Answers: Sex Offender Laws in the US (September 2007)

  This report from The Human Rights Watch illuminates research on sex offender registration, community notification, and residency restriction laws demonstrating that they are ill-considered, poorly crafted, and may cause more harm than good.

• Office of Defender Services - Part I

  Adam Walsh Act (SORNA) Part I gives a brief overview of the Adam Walsh Act and suggests some (certainly not all) legal challenges that can be raised to its provisions.

• Office of Defender Services - Part II

  Part II “describes SORNA’s complex requirements, tries to predict how the law might operate, and suggests some challenges it appears to invite.”

• Office of Defender Services - Supplement to Part II

  PART II supplement provides updated legal information after AG’s interim ruling on SORNA.

• People v. Milligan (C.A. 4th, 9/17/08, G039546) 08 C.D.O.S. 12321

  Amendments to sex offender registration laws enacted after defendant\'s duty to register began could be applied retroactively, as registration is not punishment. But residency restrictions and GPS monitoring requirements apply prospectively only.

• SEX OFFENDER REGISTRATION AND NOTIFICATION ACT- SORNA - Section by Section Analysis

  This 27 page analysis is a complete section by section analysis of the entire bill.

• SEX OFFENDER REGISTRATION AND NOTIFICATION ACT- SORNA (AKA The Adam Walsh Child Protection And Safety Act Of 2006)

  This 71 page document is the entire SORNA. Some of the features of this act: 1. Expands The National Sex Offender Registry. 2. Imposes tough mandatory minimum penalties for the most serious crimes against children. 3. Provides grants to states for civil commitment of dangerous sex offenders 4. Authorizes and funds a regional Internet Crimes Against Children Taskforce

• SMART – The National Guidelines for Sex Offender Registration and Notification

  The Sentencing, Monitoring, Apprehending Registering and Tracking office SMART Office was created to administer the national standards for sex offender registration and notification and to assist registration jurisdictions in their implementation. It is within the US Department of Justice, Office of Justice Programs. This 49 page document is their proposed guidelines

• SORNA FAQ

  The Department of Justice answers 36 questions about the SORNA

• SORNA – Impact on Immigrants

  This memorandum from the Department of Homeland Security, US Citizenship and Immigration Services, provides guidance for the initial implementation of the recently enacted Immigration Law Reforms to Prevent Sex Offenders from Abusing Children (Title IV of the Adam Walsh Child Protection and Safety Act of 2006)

• Statutory Rape: A Guide to State Laws and Reporting Requirements

  This report, published by the\" Lewin Group\" provides an overview of state statutory rape laws (criminal code that deals with the legality of sexual activities involving minors) and reporting requirements (civil code - describing mandatory reporting responsibilities). While certain sexual behaviors between in CA are illegal (age of consent is 18) not all sexual activity between minors is reportable.

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Non - Offending Partners of Sexually Abused Children

• Child Sexual Abuse: Non-Offending Parents

  This paper, written in 1993, summarizes research and theoretical concepts, and presents implications for child protection work. The crucial link between the rehabilitation of child sexual abuse victims and the support of the non-offending parent is highlighted.

• Mothers of Sexually Abused Children: Trauma and Repair in Longitudinal Perspective (1993) by Carolyn Moore Newberger, Ed.D., et al.

  This study underscores the importance of addressing a woman's psychological needs as an integral component of the treatment of her child's sexual abuse. All too often, when their children are sexually abused, mothers appear to be blamed, if not for the abuse itself, then for their responses following the abuse. Data from this study point to an alternative way of thinking about these women.

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Polygraph

• Accuracy and Utility of Post-Conviction Polygraph Testing of Sex Offenders: Grubin & Madsen

  Background: Polygraphy is used increasingly in the treatment and supervision of sex offenders, but little research has address accuracy in this setting, or linked accuracy with utility. Aims: To investigate the utility and accuracy of polygraphy in post-conviction testing of community-based sex offenders. Method A self-report measure examined the experiences of offenders with polygraphy. Results: Based on self-report, the polygraph’s accuracy was approximately 85%. False negatives and false positives were not associated with demographic characteristics, personality variables or IQ. The majority of offenders found the polygraph to be helpful in both treatment and supervision. Nine percent of offenders claimed to have made false disclosures; these individuals had higher scores on ratings of neuroticism and lower scores on ratings of conscientiousness. Conclusions: These results support the view that the polygraph is both accurate and useful in the treatment and supervision of sex offenders.

• An Exploratory Study of New Jersey’s Sex Offender Polygraph Policy: Report to the New Jersey State Parole Board 2009

  This exploratory study investigates utility of New Jersey’s sex offender polygraph policy. The findings: 􀂾 The polygraph is an essential tool in determining residency with minors but not the sole determining tool. 􀂾 There does not appear to be any definitive, comprehensive pattern to predict the selection of offenders for polygraph examination, to exam results, or to the changes made to offenders’ case plans postpolygraph 􀂾 This suggests that there is no alternative way to produce the tangible supervision and treatment effects of the polygraph policy 􀂾 The polygraph policy appears to increase the ability of parole officers to detect parolees’ failure to comply with conditions of supervision before they can escalate to behaviors warranting new arrest 􀂾 80% of treatment providers report that one individual in the treatment group being polygraphed has an effect on the rest of the group o Polygraphing one offender in a treatment group produces a “vicarious” effect; individuals who have not been referred for or polygraphed have reactions to group members’ experiences o The policy appears to encourage honesty with parole officers and treatment providers o The domino effect is the most common; if one offender comes back from exam and says he came up deceptive, others will begin admitting their behavior

• Current Role of Post Conviction Sex Offender Polygraph Testing in Sex Offender Treatment: Ron Kokish

  Polygraph testing is becoming increasingly important in sex offender treatment. Polygraph advocates cite dramatic increases in historical disclosures that presumably allow more precise targeting of treatment interventions, earlier detection of risky behaviors that often lead to new offenses, and improved treatment and supervision compliance. Based on this, they believe the procedure supports desirable behavior that continues to various degrees after treatment and supervision end. Opponents cite ethical problems related to inaccurate results, unproven accuracy rates, and risk that examinees may be coerced into making false admissions. To counter these criticisms, proponents have developed standards, best practices, examiner training and certification programs intended to reduce error rates and address ethical issues. Opponents argue that these measures have not been tested and that empirically established error rates and best practices may not be possible for a variety of reasons. This article reviews the current situation, leaving readers to decide the wisdom and ethics of using polygraph in their own practices.

• Polygraph Testing & Sexual Abuse: The Lure of the Magic Lasso: Theodore Cross & Dennis Saxe

  Authors argue that after more than 50 years of consistent use polygraphy remains unvalidated as a scientific technique. While it may have "magical" value for eliciting confessions, actual test results should not be relied on. Given its seductive promise but unproven science, the procedure is prone to mis use and outright abuse. This appears to be particularly so when it comes to the investigation of sex crimes and the treatment and monitoring of convicted sexual criminals.

• Polygraph Testing Leads to Better Understanding of Adult & Juvenile Sex Offenders: Jan Hindeman & James Peters

  Reviews two decades of data Jan Hindman collected in the 1970's, 80's and 90's. COncludes that without polygraphy examinations offenders disclose significantly fewer victims that when they know they will be tested. Also, many offenders report having been victims of sexual abuse when they were children, but these reports are only about half as frequent when offenders know their reported sexual histories are subject to verification via polygraph.

• Post Convictions Sex Offender Polygraph Examination: Client Reports Perceptions of Utility and Accuracy: Kokish, Levenson & Blasingame

  Post-conviction polygraph testing of adult sex offenders in treatment has been a somewhat controversial subject. This study (n = 95 participants who took 333 polygraph tests) explored how sexual offenders enrolled in outpatient treatment programs perceived their polygraph experiences. Participants reported a relatively low incidence of false indications of both deception (22 of 333 tests) and truthfulness (11 of 333) tests, suggesting that clients agreed with examiners’ opinions 90% of the time. The majority of clients reported that polygraph testing was a helpful part of treatment. Finally, about 5% of participants reported that they responded to allegedly inaccurate accusations of deception by admitting to things they had not done. The data offer encouragement for continued but cautious use of polygraphy by sex offender treatment programs. Implications for practice and research are identified.

• Prospective Study of the Impact of Polygraph on High Risk Behaviors in Adult Sex Offenders

  This empirical study examined whether polygraph testing would result in sex offenders engaging in fewer high-risk behaviors. It was concluded that polygraph testing resulted in offenders engaging in less high risk behavior, although the possibility that offenders fabricated reports of high-risk behaviours to satisfy examiners is also considered; similarly, offenders seemed to be more honest with their supervisors, but this only occurred after experience of the test itself. Feedback from offenders who completed the study, taken together with the high drop out rate, suggested that those motivated not to reoffend found polygraphy useful, while those less motivated sought to avoid it.

• Research Overview: Post-Conviction Sex Offender Polygraph Testing

  A 2004 publication of the New Mexico Sex Offender Management Board descripting of how Post-conviction Sex Offender (polygraph) Testing (PCSOT) was being used in various United States jurisdictions and the results it was believed were being achieved.

• Sex Offender Containment : Use of Postconviction Polygraph by Kim English, Linda Jones, Diane Patrick and Diane Pasini-Hill

  This paper describes the need to incorporate information learned from the postconviction polygraph examination into intense treatment and criminal justice supervision. The authors describe a study of data collected on disclosures made by 130 convicted sexual offenders (mostly child molesters) and presents the following crossover data: 39% had a history of sexually assaulting adults, 31% had sexually assaulted both male and female victims, 36% had engaged in bestiality and 2/3 of the incest offenders also offended outside their families.

• Sex Offender Probationers And The Fifth Amendment: Rethinking Compulsion And Exploring Preventative Measures In The Face Of Required Treatment Programs: Merrill A. Maiano

  Sex Offender Treatment Programs programs frequently require participants to divulge information about their sexual history and to admit to sexual offenses for which they may or may not have been convicted. This article considers how this aspect of conditional release may implicate the Fifth Amendment by violating the privilege against self-incrimination, as illustrated by the Ninth Circuit’s decision in United States v. Antelope. It also considers various alternatives available for achieving greater balance between the competing interests of protecting the Fifth Amendment right and promoting meaningful treatment programs. Ultimately the author concludes, the legislature is best suited to resolve the issue.

• Suggested Clinical Uses of Polygraph in Community Based Treatment Programs

  A literature review evaluating research findings about the using polygraphy to manage and treat convicted sexual offenders. Inconsistent empirical data from various studies provide a challenge to the validity and reliability of the poolygraph procedure. Nonetheless, treatment appears to be enhanced by the disclosures made during the preparation process that takes place before eachl examination. Empirically based standards for the use and interpretation of polygraph results were found to be lacking. Guidelines for the responsible use of polygraphy in community-based treatment of sexual offenders are proposed. Finally, issues needing further research are identified.

• Value of Polygraph Testing in Sex Offender Management: English Et Al

  Empirical research by Kim English and several co-authors reporting that polygraphy generates dramatic increases in sex offender admissions of numbers and types of victims prior to conviction and sexually risky behaviors while under supervision. Describes polygraphy as one side of a triangular sex offender containmnet strategy, supervision and treatment being the other two sides. Ethical and legal issues are also discussed. Reader caution: some of the legal arguments set forth in this article have since been rejected in some Federal Courts. See particularly, Anetelope v USA, 9th district, DC No. CR-00-00039-DWM

• Will Antelope Decision Kill the Polygraph? Erik Fox, Ph.D., J.D.

  This article examines the impact of full sex history polygraph testing for sex offenders in light of the United States v. Antelope (2005) ruling. It provides a review of the facts of the Antelope case, along with a general overview of the U.S. legal system. Discussion includes the appellate process, case law, and precedent and how court decisions impact lower courts in the same geographic region and beyond. The specific decision making process of the Ninth Circuit Court of Appeals in Antelope is examined as it relates to McKune v. Lile (2002). There are new laws that impact treatment and child abuse reporting that serve to complicate matters. Recommendations include legislative changes and immunity contracts within the context of their limitations.

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Pornography

• A Meta-Analysis of the Published Research on the Effects of Pornography

  A meta-analysis of 46 published studies was undertaken to determine the effects of pornography (including but not limited to child pornography) on sexual deviancy, sexual perpetration, attitudes regarding intimate relationships, and attitudes regarding the rape myth - total sample size of 12,323 The authors believe they found clear evidence confirming the link between increased risk for negative human development when exposed to pornography. The article first appeared on the National Foundation for Family Research and Education(NFFRE)web site. The organization's mission is to further "family values" and to our knowledge, the article was never submitted for peer review. However, it was subsequently published as a book chapter. [Violato, Claudio; Oddone-Paolucci, Elizabeth; Genuis, Mark (2000). The changing family and child development. (pp. 48-59). Aldershot, England: Ashgate Publishing Ltd. xxiv, 301 pp.]

• A Picture Is Worth A Thousand Words": What Do We Know About Child Pornography Offenders? Slide show presented by Michael Seto, Ph.D.

  This was originally presented as a plenary session at the 2009 ATSA conference

• A Typology of Online Child Pornography Offending

  This 2001 Federal report from the Center on Missing and Exploited Children focuses on the criminal-justice system’s responses to child pornography production, distribution, and possession within the United States and in other countries. The first section describes the nature and scope of the problem of child pornography including the effects on the child victims. The next section describes state and federal statutes, investigative approaches, and selected law-enforcement initiatives combating this form of child sexual exploitation. Finally the monograph highlights policy and best-practice issues surrounding legal and law-enforcement responses to child victims.

• Child Molesters: A Behavioral Analysis

  Ken Lanning arguably remains one of the most famous FBI agents of all time, probably THE most famous comes to investigating unusual child sexual absue cases. His experiences, intuituve understanding of deviant minds, and creative ways of thinking are worth reading. And that's what we have here. In this section of a larger work on child sexual abusers Lanning gives us his creative but scientifically unsupported opinions about the role of child-erotica collection in the lives of true pedophiles.

• Child Pornography on the Internet - by Richard Wortley and Stephen Smallbone. Published in 2006 by the Department of Justice, Office of Community Oriented Policing Services

  The guide, one of a serires developed for law enforcemnt, describes the problem of child pornography, identifies aq series of questions to assist law enforcement in analyzing the problem locally, and reviews respnses to the problem and \"what is known about these from evaluative research and police practice.\"

• Child Pornography: The Criminal Justice System Response

  This 2001 Federal report from the Center on Missing and Exploited Children focuses on the criminal-justice system’s responses to child pornography production, distribution, and possession within the United States and in other countries. The first section describes the nature and scope of the problem of child pornography including the effects on the child victims. The next section describes state and federal statutes, investigative approaches, and selected law-enforcement initiatives combating this form of child sexual exploitation. Finally the monograph highlights policy and best-practice issues surrounding legal and law-enforcement responses to child victims.

• Debate on Child Pornography's Link to Molesting

  A Newspaper article describing controversy over a Federal Bureau of Prisons study linking child pornography use to constact sex offending. The study had been accepted for publication in a peer reviewed journal but was withdrawn by the Bureau at the last minute.

• Federal Laws Concerning Child Pornography

  From National Center for Missing & Exploited Children

• Internet Pornography and Child Exploitation. US Attorneys' Bulletin, November 2006

  In this Bulletin you will find Two articles dealing with establishing federal jurisdiction, evidence gathering, and child victim issues, three articles pertaining to the topic of evidence gathering., a pair of articles about the proper handling of child victims and child witnesses and finally, one case study focusing on a successful prosecution of a defendant for violating an obscenity provision prohibiting an individual from trafficking obscene virtual representations of children, regardless of whether those children are real or not.

• Ninth Circuit Court of Appeals opinion on Pornography

  A Ninth Circuit Court of Appeals opinion that considers some technical issues regarding "possession" of child pornography on a computer. There is no question that the defendant accessed the pornographic images on the World Wide Web. This opinion discusses whether he also knew the images would remain on his computer after he surfed away from the site.

• Pornography Use and Sexual Aggression: The Impact of Frequency and Type of Pornography Use on Recidivism Among Sexual Offenders (2008 in Press) by Drew A Kingston et al

  A study examining the unique contribution of pornography consumption to the longitudinal prediction of criminal recidivism in a sample of 341 child molesters. After controlling for general and specific risk factors for sexual aggression, pornography added significantly to the prediction of recidivism. Statistical interactions indicated that frequency of pornography use was primarily a risk factor for higher-risk offenders, when compared with lower-risk offenders, and that content of pornography (i.e., pornography containing deviant content) was a risk factor for all groups.

• Pornography: Annotated Bibliography, Revised March 2008

  There is little sound empirical research on the role of pornography in the commission of sex crimes against children. This annotated bibliography represents the fruit of numerous PsychInfo, Eric, and National Library of Medicine (PubMed) searches on this topic beginning in the late 1990’s and updated through early 2008. Some articles support a connection between pornography/child pornography and hands-on sex crimes/child molestation. Others found no support for such a hypothesis. At least one article supports the notion that ready availability of pornography might, at least in some instances, reduce the likelihood of hands-on sex crimes. Michael Seto summed the data up rather nicely when he wrote, “The evidence for a causal link between pornography use and sexual offending remains equivocal. . . . . Individuals who are already predisposed to sexually offend are the most likely to show an effect of pornography exposure and are the most likely to show the strongest effects. Men who are not predisposed are unlikely to show an effect; if there actually is an effect.” (Seto, M. C., A. Maric, et al. (2001). “The role of pornography in the etiology of sexual aggression.” Aggression & Violent Behavior 6(1): 35-53.)

• Self Reported Contact Sex Offenses by Participants in the Federal Bureau of Prisons Sex Offender Treatment Program

  This study based on prisoner self-report shows a strong link between child pornography use and contact sexual offenses against children. After being presented at the 2000 Treatment and research Conference of the National Association for the Treatment of Sexual Abusers, it was widely quoted in academic and forensic settings although it was never submitted publication in a peer reviewed journal. The authors have cautioned that the population was quite unique and although the subject deserves much further study it is inappropriate to generalize from this particular study.

• Sexual Exploitation Of Children Over The Internet: The Face Of A Child, Dr. Andreas E. Hernandez

  Describes two unpublished studies of child pornography offenders the author conducted within the Federal Bureau of Prisons Sex Offender Treatment Program. In the first (n=55) he found that 80% had committed contact sex offenses against children. In the second study (n=155) he found that 85% had committed contact offenses. Both studies relied on self report encouaged through treatment and coerced via polygraph examinations. Hernandez concluses that internet based child pornography offenders may be more dangerous than previously thought but cautions that he studied highly unique samples and that his methods were not rigourously scientific. Nonetheless, the second study was submitted to and accepted for publication in 2007 in the Journal of Family Violence. However, it was withdrawn at the last minute by the Author's employer, the Federal Bureau of Prisons.

• The Criminal Histories & Later Offending of Child Pornography Offenders

  An empirical study examining the likelihood that men convicted of child pornography offenses will later be convicted of contact sex offenses.

• The Perverse Law of Child Pornography, Amy Adler, 101 Columbia Law Review 209

  In this Article, Professor Adler argues that child pornography law, intended to protect children from sexual exploitation, threatens to reinforce the very problem it attacks.

• The Relationship between Child Pornography and the Commission of Sexual Offences against Children: A Review of the Literature. Author: L. Jill Rettinger, Ph.D.

  Published by he Canadian Department of Justice in 2003, this literature review explores two questions: 1. To what extent do pedophiles consume pornography, particularly child pornography? A corollary to this question is how and where the child pornography is obtained. 2. How is pornography used by pedophiles?

• US Postal Inspection Service Child Exploitation Program Fact Sheet

  Postal Inspectors claim to have "strong evidence" (whatever that is) that many people they apprehend for possession of child pornography have also committed hands-on sex crimes against children. This brief article from their agency's newsletter describes some of what they are doing. Unfortunately, none of their material has been published in meaningful detail. The little that has been published (in newsletters and press releases) does not explain how they know that the pornographers they arrested have actually molested children. The data on which the agency's claims are based should be subjected to scientific scrutiny but in its present form it seems vastly premature to base any conclusions on it.

• What is Child Pornography

  From National Center for Missing & Exploited Children

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Recidivism

• Recidivism of Sex Offenders Released for Prison in 1994, DOJ

  An extensive analysis of the recidivism of male sex offenders (n = 9,691) over a 3 year period, who released in 1994 by the prison systems of 15 States. In addressing sex offender recidivism, this study addressed demographic characteristics, sentence length and time, criminal history, established risk assessment variables, and characteristics of the rearrest, as well as the characteristic of the victims.

• Residential Proximity & Sex Offense Recidivism in Minnesota, April 2007, MDOC

  Minnesota Department of Corrections analysis of sexual reoffense patterns of 224 recidivist initially released from prison between 1990 and 2002 and the current residency restrictions of that state. Results of this analysis suggest that residential proximity had very little impact on the 224 offenses for two identified reasons. First, social or relationship proximity was found to be of greater significance and, second, where direct contact was made, offenders were unlikely to do so close to their residences.

• Sex Offender Recidivism in Minnesota, April 2007, MDOC

  Minnesota Department of Corrections evaluation of sex offenders (n = 3,166) released from a Minnesota Correctional Facility between 1990 and 2002. Focus was placed on the impact of post-release supervision in recidivism reduction. However, established variables for risk assessment were evaluated as well as other variables associated with sex offender recidivism such as methods of sexual reoffending, offender characteristics, and treatment intervention.

• Six-Year Follow-Up of Released Sex Offenders Recommended for Commitment

  Under Washington's SVP Law, Where No Petition Was Filed, Milloy, December 2003, WSIPP - Washington State Institute for Public Policy evaluation of sex offenders (n = 89) released to the community between July 1990 and July 1996 who were referred by the Washington Department of Corrections as meeting the filing standards for civil commitment petitions pursuant to Washington's Sexually Violent Predator stature under the 1990 Community Protection Act. The evaluation concluded that individuals in this group have a high risk of subsequent conviction for a felony offense, particularly a new against-person offense, a category that includes sex offenses.

• The Effects of Prison Sentences and Intermediate Sanctions on Recidivism: General Effects and Individual Differences by Paula Smith et al.

  This report updates results from previous reports about the effects of sanctions for juveniles, females, and minority groups. Findings are: 1. Type of sanction is unrelated to decreases in recidivism under any of the three conditions. 2. There are no differential effects of type of sanction on any of the 3 groups examined. 3. There are tentative indications that increasing lengths of incarceration are associated with slightly greater increases in recidivism. Conclusions are: 1. Prisons and intermediate sanctions should not be used with the expectation of reducing criminal behavior. 2. Excessive use of incarceration may have substantial cost implications. 3. In order to determine who is being adversely affected by time in prison, it is incumbent upon prison officials to implement repeated, comprehensive assessments of offenders’ attitudes, values, and behaviors throughout the period of incarceration and correlate these changes with recidivism upon release into the community.

• The Impact of Surgical Castration on Sexual Recidivism Risk Among Civilly Committed Sexual Offenders by Fred S. Berlin, MD

  Dr. Berlin reviews and comments on the Weinberger et al. article " The impact of Surgical Castration on Sexual Recidivism Risk. . . " He asserts that Weinberger et al. "appear to be most concerned that the castration data reviewed not be too heavily weighted in support of a possible release into the community, this commentary is meant to balance that argument by cautioning against underestimating its possible importance."

• The Impact of Surgical Castration on Sexual Recidivism Risk Among Sexually Violent Predatory Offenders by Linda E. Weinberger et al.

  This 2005 article published in The Journal of the American Academy of Psychiatry and the Law reviews the relationship of surgical castration to sexual recidivism in a sexually violent predator/sexually dangerous person (SVP/SDP) population. A review of the literature on castrated sex offenders reveals a very low incidence of sexual recidivism. The low sexual recidivism rates reported are critiqued in light of the methodologic limitations of the studies.

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Registration

• 9th Circuit Ruling regarding Three Strikes Law - January, 2009

  The 9th Circuit Court decision ruling unconstitutional the use the 3 strikes law for failure to register. "The California Court of Appeal concluded that a Three Strikes sentence of 25 years to life imprisonment for violating the registration requirement was “grossly disproportionate to the offense” and violated the Eighth Amendment."

• California Sex offender Registration - Breakdown by County

  California Registered Sex Offenders: This spreadsheet will provide you with updated and comparative numbers for registered sex offenders in each of the CA 58 counties . If you scroll down to the end of the page you will see tabs for both July and November 2007 .Please keep in mind that these statistics present the total number of registrant\'s that are \"IN the Community\" and exclude registrant\'s that are incarcerated (INC), deported (DEP), and Out of State (OUT) We will continue to provide updated information about the number of sex offenders who register as transient (Homeless). We have that number at the bottom of the spreadsheet, or in a separate column.

• Do Sex Offender Registration and Notification Laws Affect Criminal Behavior by J.J. Prescott and Jonah Rockhoff

  This article describes how sex offender registration and notification affect the frequency and incidence of offenses and checks for change in police response to reported crimes. The evidence suggests that registration reduces the frequency of sex offenses among "local" victims" (e.g., friends, acquaintances, neighbors) but not against strangers. It also presents evidence that community notification deters first-time sex offenses but increases recidivism by registered offenders by imposing social and financial costs, making non-criminal activity relatively less attractive after an initial conviction. This is consistent with previous work by criminologists and important because the stated purpose of community notification is to reduce recidivism.

• Economic Aspects of Megan's Law

  University of Michigan Law and Economics workshop discussing information about the effect of law to assist in protecting the public and how the laws have evolved into punitive measures.

• Evaluation of the NYS Sex Offender Registry Program (SOR). December 2007

  This study used a randomly selected a sample of 200 of 23,456 registered offenders to determine whether the SOR data was complete and accurate. More than 1/3 contained certain inaccuracies or omissions. Driver’s license numbers were frequently inaccurate, and belonged to a person other than the offender in Division’s records.

• Juvenile Offenders Required to Register Under SORNA: A Fact Sheet

  Provides information about sex offender registration requirements to juvenile offenders who are adjudicated delinquent of a sex offense

• Megan’s Law and its Impact on Community Re-Entry for Sex Offenders

  This report surveyed registered offenders in Connecticut and Indiana and found that the negative consequences of community notification occurring with greatest frequency were job loss, threats and harassment, property damage, and suffering of household members. The majority experienced psychosocial distress. The article makes recommendations for community notification from empirically derived risk assessment classification systems

• Megan’s Law and the misconception of sex offender recidivism

  The paper examines the history of Megan's Laws, claims made by legislators without accounting for the variations in recidivism rates among studies, and shows how the studies to support legislation do not represent the majority of convicted sex crimes. The paper also analyzes the harm created by Megan's laws when applied to low risk offenders.

• MEGAN’S LAW: ASSESSING THE PRACTICAL AND MONETARY EFFICACY Kristen Zgoba, PhD, Phillip Witt, PhD, Melissa Dalesandro, MSW, Bonita Vesey, PhD

  This December 2008 federally-funded study by the Dept. of Justice investigated the overall effect of Megan’s Law on sexual offending over time, specific deterrence, and costs of the law. It comparatively analyzed sex offender statistics in New Jersey counties one decade before and one after Megan’s Law, data on 550 sex offenders released between 1990 and 2000, and implementation and ongoing administrative costs of the law. Highlights of the findings were that Megan’s Law has not shown a significant reduction of recidivism rates, first offenses, or in reduction of victims of sexual offenses; hence, the escalating cost may not be justified.

• One of These Laws is Not Like the Others: Why the Federal Sex Offender Registration and Notification Act Raises New Constitutional Questions (August, 01 2008). By Corey Rayburn Yung

  In 2003, the United States Supreme Court issued its only two opinions regarding the constitutionality of sex offender registration and notification statutes. Smith v. Doe ("Smith") and Connecticut Department of Public Safety v. Doe ("DPS"), upheld the Alaska and Connecticut registry and notification laws against Ex Post Facto Clause and procedural due process challenges. Three years later, the Federal Sex Offender Registration and Notification Act ("SORNA") was passed as part of the Adam Walsh Child Protection and Safety Act. The federal statute was very different from the state statutes that the Court reviewed. Most notable among the differences was the creation of the federal crime of "failure to register" which was punishable by up to ten years imprisonment. This article contends that most district courts have been severely misguided in reading the two Court opinions and the statutory provisions of SORNA. Consequently, this article concludes that either Congress should amend SORNA or courts should strike down portions of SORNA on Ex Post Facto Clause, procedural due process, and Commerce Clause grounds.

• Position Paper on the Adam Walsh Act, published by CASOMB

  The California Sex Offender Management Board offers the position that CA should elect to NOT comply with the Adam Walsh Act. In coming to this position, the CASOMB looked at the following issues: Risk Assessment, Expansion of Juvenile Registration, the addition of new registrable offense, and lack of funding

• Public Perceptions about Sex Offenders And Community Protection Policies

  This study examined public perceptions about sex offenders and community protection policies by gathering data from 193 residents in Melbourne Florida. They found that community respondents held inaccurate and punitive attitudes towards sexual offenders.

• Registered sex offenders in the United States per 100,000 population

  Data was obtained via telephone survey of Sex Offender Registries in the 50 states, DC and Five US territories. 11 States have a population of more than 300 RSO per 100,000 population. Oregon is on top with 574/100,000

• Revisiting Megan's Law and Sex Offender Registration: Prevention or Problem. Robert E. Freeman-Longo, MRC, LPC

  Both convicted sex offenders and innocent citizens have experienced serious and negative consequences resulting from the implementation registration and public notification laws. This paper reviews the predictions made by the author in 1996 regarding these laws and the negative impact documented since their implementation.

• Significant Changes to the SORNA Guidelines

  This DOJ fact sheet provides information about changes to the Sex Offender Registration and Notification ACT (SORNA) guidelines based on public comment

• Social Policies Designed to Prevent Sexual Violence

  This article reviews the history of recent sexual offender policies, suggesting that misinformation has lead to poorly developed social policy. These policies are not evidence-based in their development, their implementation or their effectiveness. The authors make recommendations for more effective legislative solutions for addressing sexual violence.

• SONRA and Sex Offender Management Policy in the States

  Published in the winter of 2010 by the Council of State Government this 6 page document provides an overview of SONRA (Sex Offender Registration and Notification) including reviewing the policy issues related to Juvenile Sex Offender Registration

• The National Guidelines for Sex Offender Registration and Notification

  Guidelines explicating the Adam Walsh Act's Sex Offender Registration and Notification provisions.

• The New Battleground for Public Law 280 Jurisdiction: Sex Offender Registration in Indian Country

  A convicted sex offender successfully challenged the states jurisdiction in the matter stating that registration was a civil, not criminal matter and therefore the state had no jurisdiction This article explores how the state of Minnesota has handled jurisdictional issues with regard to Native American sexual offenders residing on Tribal lands.

• There Goes the Neighborhood? Estimates of the Impact of Crime Risk on Property Values From Megan's Laws by Leigh Linden and Jonah E. Rockhoff

  This article examines housing market and sex offender registration data in North Carolina to estimate the effects of registrant proximity on housing values. The authors find that houses within 1/10 of a mile of known registrants sell for about 4% less than comparable homes not in close proximity to a registrant. Similarly, the authors find that property values fall significantly when sex offenders actually victimize neighbors.

• Washington State - Failure to Register

  In 2004, the Washington State Institute for Public Policy evaluated effectiveness of sex offender sentencing. It found nearly that 20% of those required to register, failed to do so, and this percentage is steadily rising since the requirement’s inception in 1990. This study found that those sex offenders who are convicted of failure to register have a 50% higher recidivism rate than those who register.

• What will it cost states to comply with the Sex Offender Registration and Notification Act

  A justice Policy Institute examination of the issue

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Residency Restrictions

• "Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders", Yung, Corey Rayburn, Washington University Law Review, Vol. 85, 2007

  Nineteen states and hundreds, if not thousands, of local communities have adopted statutes which severely limit the places where a sex offender may legally live. In this article, the author traces new laws to historical practices of banishment in Western societies. He argues that the establishment of exclusion zones by states and localities is a form of banishment creating unique legal, policy, and ethical problems for America. He contends that residency restrictions could fundamentally alter basic principles of the American criminal justice system and while those supporting these laws have the interests of children at heart, the policies they are promoting will be worse for children and society.

• Amicus Brief in Support of Petition For Writ of Habeas Corpus, Supreme Court State of California, filed by CCOSO and ATSA, 2008

  This case has been filed on behalf of four parolees, from different counties (San Francisco, Santa Clara, and San Diego), who face parole violations if they do not change their residences as required by the enforcement of Penal Code Section 3003.5, better known as "Jessica’s Law" or Proposition 83. While passed in November 2006, the recent enforcement prohibited residency by any person required to register as a sex offender within 2000 feet of any public or private school, park or other place so designated by a municipality. The Writ of Habeas Corpus challenges the constitutionality of this statute in a number of ways, including its retroactivity, the applicability of the statute to these type of offenders, due process issues, and the unreasonableness of the parole condition. The Amicus Brief filed jointly by CCOSO and ATSA supports the argument concerning the unreasonableness of this parole requirement. The brief outlines how enforcement of residency restrictions such as this are not reasonably related to the government’s goals of enhancing public safety, reintegrating the paroled offender into society and promoting positive citizenship. The authors argue that such restrictions are detrimental to public safety by increasing the risk factors for recidivism and therefore are not reasonably related to the deterrence of future criminality. Specifically, amici provides data showing that residence restrictions hinder the governmental goals and are in fact counterproductive, creating an atmosphere that is harmful to children and other potential victims, rather than beneficial to them.

• Amicus Brief: Doe v. Miller

  An Amicus (“Friend of the Court”) brief submitted to the United States Supreme Court (in Doe v Miller, 2005) by ATSA (The Association for the Treatment of Sexual Abusers) arguing that sex offender residency restriction laws are generally counter-productive to protecting children from sexual abuse.

• Banishment or Facilitated Re-Entry: A Human Rights Perspective

  30 slides that formed the basis for a presentation by a Human Rights Watch attorney to the 2005 International Research and Treatment Conference of The Association for the Treatment of Sexual Abusers (ATSA). Discusses how children’s rights delineated in international agreements may conflict with delineated rights of adults to enjoys privacy, employment, family integrity, freedom of movement, etc.

• Collateral Consequences of Sex Offender Residency Restrictions: Levinson, Jill S.

  This study investigated unintended consequences of policies that restrict where sex offenders can live. Results indicted decreased housing availability, increased homelessness and transience, and financial hardship. Residence restrictions forced registrants to live farther away from employment opportunities, treatment services, and public transportation. Younger registrants were particularly impacted. Low risk and high risk registrants were equally affected. Implications of these and other findings are discussed, including potential for these laws to create psychosocial stressors that increase rather than lower recidivism, and potential to interfere with effective monitoring and supervision of sex offenders. Alternative community protection strategies are recommended.

• Colorado Report on Sex Offender Living Arrangements

  A report from the Colorado Division of Criminal Justice, Office of Domestic Violence and Sex Offender Management examining safety issues raised by sex offenders’ community living arrangements with particular focus on: (1) Do the living arrangements of sex offenders, including shared living arrangements, have an impact on community safety? (2) Do the location of sex offender residences, specifically in proximity to schools and childcare centers, have an impact on community safety? Concluded that reoffense rates were significantly lower for men in shared living arrangements and that family and community support were important factors contributing to lowered recidivism. Found no evidence that restricting offenders from living near schools, playgrounds, etc. made a positive contribution to lowered recidivism. In fact, the opposite may be true insofar as such restrictions may deprive offenders of the supportive shared living arrangements that do in fact contribute to lowered recidivism.

• Constitutional Collectivism and Ex-Offender Residence Exclusion Zones. Wayne A. Logan 2007

  This Essay addresses how such subnational efforts at social control undermine American constitutional collectivism. Part II provides an overview of the current wave of residence exclusion laws, examining the broad range of constraints the laws impose on individuals. The discussion then situates the laws in the context of other governmental strategies to use geographic limits to achieve social control goals. Part III examines the state and federal judicial decisions that have thus far addressed residence exclusion laws. Part IV discusses how residence exclusion laws defy the collectivist traditions on which the nation was founded and threaten the destructive interstate discord the federal union was designed to avoid.

• Eliminate Residency Restrictions for Sex Offenders, by Jeffery T. Walker

  Eliminate Residency Restrictions for Sex Offenders (2007) Jeffrey T. Walker This article addresses a particular type of sex offender law: residency restrictions. It examines the research that shows problems with residency restrictions. It discusses efforts to repeal sex offender residency restrictions and the rationale behind doing so. It ends with a call to modify residency restriction laws and to create more effective ways of controlling sexual reoffending.

• Expert Witness Testimony, Ohio Case

  A Summary of facts and plaintiff’s expert testimony in an Ohio case where-in an offender argues against Ohio’s residency restrictions on the basis that they are unrelated to established risk factors and therefore unrelated to recidivism prevention. Plaintiff’s expert also states that the restrictions may actually contribute to increased recidivism because they negatively impact known protective factors like stable living arrangements and family support.

• FAILURE TO REGISTER: An Empirical Analysis of Sexual Recidivism, by Jill Levenson, PhD; Elizabeth Letourneau; Kevin Armstrong; Kristen Zgoba

  This 2009 study investigated the relationship between sex offenders’ failure to register (FTR) and recidivism, their similarity of risk factors with compliant registrants, as well as predictive factors of FTR. Based on a sample of 2,970 offenders from the South Carolina registry records, and from both the SC adult and juvenile criminal records, the findings do not support the premise that FTRs are more likely to reoffend than compliant sex offenders (2% differential). Public safety would be better served if funds were invested in determining other risk factors for sexual reoffenses.

• Final Report: Sexual Offender & Sexual Predator Residence Task Force

  This 2009 report to the Board of Commissioners of Broward County Florida, reviewed available research about the effectiveness of residence restrictions and found no empirical evidence to indicate that these laws achieve their intended goals of preventing abuse, protecting children, or reducing reoffending.

• Georgia Class Action: HB1059: Complaint and Decision

  Complete text of a complaint seeking relief for Georgia sex offenders adversely affected by a law prohibiting registrants from residing within 1000 feet of school bus stops. Complete text of the court’s decision, including certifying affected individuals as a class qualified to seek injunctive relief and granting temporary relief pending further hearings.

• Georgia Supreme Court finds residency restriction unconstitutional

  Georgia Supreme Court Presiding Justice Carol Hunsteint, speaking for the majority, ruled the Georgia sex offender Residency restriction unconstitutional." It is apparent that there is no place in Georgia where a registered sex offender can live without being continually at risk of being ejected."

• Impact of Residency Restrictions: A Literature Review: Marcus Nieto and David Jung

  This 2006 literature review summarizing the impacts of residency restrictions on sex offenders and on correctional management processes was prepared at the request of Mark Leno, then chair of the California State Assembly Public Safety Committee. It discusses Sex Offender Registration, Community Notification, Civil Commitment, Residency Restrictions, Risk Assessment, GPS Monitoring, and Constitutional Issues and compares laws and practices in Iowa, Texas, Colorado and California.

• In re E. J. on Habeas Corpus February 1, 2010

  This is the CA Supreme Court decision finding that the residency restriction of Jessica\'s Law applying to prisoners prosecuted before but paroled after passage of Jessica\'s Law IS CONSTITUTIONAL \" The majority concludes that enforcing this 2,000-foot residency restriction against petitioners as a parole condition does not constitute an impermissible retroactive application of the law nor violate their right to be free of an ex post facto application of the law.\"

• In The Zone: Sex Offenders and the Ten Percent Solution: Asmara Tekla Johnson

  This is a lengthy document written for the Social Science Research Working Paper Series. It provides in depth analysis of the legal arguments surrounding sex offender residency restrictions and proposes an innovative “positive” zoning scheme, the Sex Offender Containment Zone, that zones high-risk convicted sex offenders back into the city and that is effective, humane, and constitutional.

• Irregular Passion: The unconstitutionality and inefficacy of sex offender residency laws, by Agudo, Sarah E., (2008)

  The goal of this three part article is to “promote a cogent dialogue regarding the upper bounds of their effectiveness and constitutionality in order to provide a framework for future legislation" Part I examines existing and potential constitutional challenges to various state residency laws. Part II discusses the policy concerns and considerations of creating or expanding sex offender residency laws. Part III examines the political causes and ramifications of the residency laws and explains the need for a Supreme Court decision establishing the constitutional limit of residency laws.

• Level 3 Sex Offenders: Residential Placement Issues

  This 2003 report to the Minn. Legislature by the state’s Dept. of Corrections regarding community placement of high-risk sex offenders discusses a number of issues, including housing these men. It concludes (among other things) that residential proximity to potential (child) victims is unrelated to recidivism risk and that imposing such restrictions unnecessarily complicates the work of corrections staff attempting to reintegrate these men into communities. It recommends against imposing such restrictions.

• Maps of buffer zones

  This document is a series of maps for the state and selected cities showing the 2000 foot buffer zones created by Proposition 83.

• Off to Elba: The Legitimacy of Sex Offender Residence and Employment Restrictions by Joseph L. Lester

  This article looks at: 1) Why sex offenders are subject to sanctions and prohibitions above and beyond what other criminal offenders must face, 2) some of the residence and employment restrictions placed on sex offenders (along with charts comparing states) to determine if they are rationally related to any legitimate government interest without overbearing the sex offender’s constitutional rights. 3) An alternate means of sex offense prevention that encourages sex offender assimilation back into society instead of further exclusion.

• Ohio Court Challenge

  Ohio Court Challenge: A brief as amici curiae in support of a registered sex offender. The brief points to and utilizes the findings of many substantial research articles. The request is to allow the appellant to maintain his residency pointing out that registration requirements 1) have not proven to protect children and may even cause more harm, and 2) have been imposed due to public fear, not facts.

• Ohio Supreme Court: Complaint on Implementation of SB10: June 2007

  This complaint alleges unconstitutionality of Ohio’s June 2007 sex offender registration law because it classifies risk solely on the basis of conviction offense. The complainants argue that this makes the law punitive rather than civil and remedial and therefore it cannot be applied to individuals convicted before its implementation date.

• Prop. 83: 9th Circuit Decision, Feb. 2007

  A decision from the Federal 9th District Court ruling that California’s (2006) voter-enacted legislation restricting sex offenders’ residences and mandating GPS monitoring should not be retroactively applied to individuals sentenced prior to enactment. States that it is a well established principle that laws are never applied retroactively unless there is specific instruct to do so in the legislation itself, because any retroactive application is necessarily raises Constitutional issues and the California legislation contains no such specific instruction.

• Residential Proximity & Sex Offense Recidivism in Minnesota: April 2007

  A study examining the potential deterrent effect of residency restrictions by analyzing the sexual re-offense patterns of the 224 recidivists released between 1990 and 2002 who were re-incarcerated for a sex crime prior to 2006. Findings -Not one of the 224 sex offenses would likely have been deterred by a residency restrictions law.

• RESIDENTIAL PROXIMITY TO SCHOOLS & DAY CARE CENTERS: Influence on Sex Offense Recidivism, by Jill Levenson, PhD; Paul Zandbergen, PhD; Timothy Hart, PhD

  This December 2008 empirical analysis was based on a sample of 330 sex offenders, (165 recidivists and 165 non-recidivists) with matched relevant risk factors. Based on distances of 1,000, 1,500, and 2,500 feet from offenders’ homes to schools and/or day care centers, this study found virtually no correlation of proximity and reoffense.

• Sex Offender Residency Restrictions: A Report to the Florida Legislature: Jill Levenson, Ph.D.

  A 2005 expert report to the Florida State Legislature regarding the effectiveness of residency restrictions as a means of sexual abuse prevention; concludes that such restrictions do not serve their espoused purpose. (Note: A modified version of this paper was also published in the Sex Offender Law Report, a periodical published by the Civic Research Institute.)

• Sex Offender Residency Restrictions: Unintended Consequences & Community Reentry, Levinson, Jill S. & Hern, Andrea L.

  This study investigates positive and negative, intended and unintended consequences of residence restrictions on registered sex offenders. Results pointed to increased housing instability for many, along with more limited accessibility to employment opportunities, social services, and social support. Young adult offenders were especially impacted because residence restrictions often limited affordable housing options and prevented them from living with family members. Implications for policy development and implementation are discussed.

• Sex offender residency statutes and the culture of Fear: The case for more meaningful rational basis review of fear-driven public safety laws., by David A. Singleton 2006

  This article, published in the University of St. Thomas Law Journal argues that sex offender residency restrictions are driven primarily by fear and dislike of sex offenders, not reasoned analysis of what is necessary to protect children.

• Statement on Sex Offender Residency Restrictions in Iowa : January 2006

  A statement letter from the Iowa County Attorneys Association against Iowa's 2,000 foot residency restriction for sex offenders. This letter both points out the apparent flaws in the current law and makes suggestions for new legislation that this organization would support.

• Temporary Restraining Order - Prop. 83 - 9th Circuit November 2006

  Text of a temporary restraining order issued by the United States (9th) District Court prohibiting implementation of California’s voter-enacted residency restrictions (2006) because they are on their face, punitive and therefore cannot be retroactively applied to individuals convicted before the law was enacted. States that a temporary order is necessary because allowing enactment pending full hearings would cause irreparable harm to affected individuals. (Note: In a separate ruling, the same court denied a TRO petition in relation to GPS monitoring, on the basis than implementation pending hearings would not cause plaintiffs irreparable harm.)

• The Impact of Residency Restrictions: 1,000 Feet From Danger or One Step from Absurb? Levinson, Jill S., & Cotter, Leo P.

  This exploratory study describes the impact of residence restrictions on sex offender reintegration and informs about sex offenders’ perceptions of these laws. Most indicated that housing restrictions increased isolation, created financial and emotional stress, and led to decreased stability. Respondents also indicated that they did not perceive residence restrictions as helpful in risk management and reported that such restrictions may even inadvertently increase risk by increasing their exposure to stressor than have been shown to trigger reoffenses. Implications for policy and practice are discussed.

• Will Tough New SO Laws Do More Harm Than Good?

  The September 06 issue of the CQ (Congressional Quarterly) Researcher newsletter in its entirety; devoted to examining whether tough new sex offenders laws might not in fact be increasing rather than decreasing risk for potential victims, this newsletter offers a very nice summary of facts about child sexual abuse and related safety issues.

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Risk Assessment

• The Accuracy of Recidivism Risk Assessments for Sexual Offenders: Karl Hanson and Kelly E. Morton-Bourgon

  Reviewing accuracy of risk assessment methods of 577 findings from 79 samples, this paper found that actuarial methods were the best predictors vs. professional judgment. It found great consistency in the predictive accuracy of both empirically and conceptually derived actuarial measures, which means psychologically informed risk assessments may have strong predictive accuracy and clinical use for specific cases (general, sexual, violent, etc.)

• Assessing the Risk of Sexual Offenders on Community Supervision: The Dynamic Supervision Project , Karl Hanson, et al Public Safety Canada

  This project was conducted by 156 parole and probation officers on 997 sexual offenders in 16 jurisdictions in Canada and 2 American states (Iowa and Alaska) for risk assessment methodologies. It found that trained community supervision officers can reliably predict sex offense recidivism, specifically with STATIC-2007, STABLE-2007 and ACUTE-2007 assessments.

• Clinical and Structured Assessment of Sex Offenders

  This research bulletin builds upon the first by introducing concepts related to structured assessment and instruments that foster collaboration among probation officers, clinicians and treatment providers

• Sex Offender Populations, Recidivism and Actuarial Assessment

  This research bulletin the first in a series published by the New York State Division of Probation and Correctional Alternatives bringing together issues in managing sex offenders on probation.

• Sex Offenders and Communities: Community Compass Special Research Report Hamilton County Ohio Regional Planning Commission, April 2008

  Addresses the myths and unintended consequences of recent residency restrictions on registered sexual offenders. Includes facts, best practices, and recommendations from professionals in law enforcement, criminal justice, social services, mental health, etc.

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Victim Issues

• "Better dead than R(ap)ed? The patriarchal rhetoric driving capital rape statutes." by Corey Rayburn Young published in St. John's Law review

  This four part article argues that the source of this movement in the United States and around the globe is a revival of Victorian notions that someone is better off dead than raped. Section I examines the history of the death penalty’s application in rape cases with emphasis on Western legal systems. Section II discusses the rhetoric underlying the legislative and judicial moves toward reviving the death penalty for rape. Section III analyzes the policy and legal effects caused by the new statutes and the language supporting them. Section IV offers some conclusions and a few observations about the direction rape law is taking under these new statutory regimes.

• Amicus Brief: US Supreme Court arguing against capitol punishment for child rape

  Amici brief filed in US Supreme Court by victim advocacy groups, ((in case Patrick Kennedy Vs. State of Louisiana) arguing that capital punishment for child rape would do more harm than good.

• Child Physical and Sexual Abuse: Guidelines for Treatment

  This document is the 2004 revision to the comprehensive 2003 report by National Crime Victims Research Center funded by US Department of Justice’s Office of Victims of Crime. The report provides practitioners with tools for assessing effectiveness of intervention protocols, as well as information and direction for proper treatment of physical and sexual abuse for victims, as well as their families.

• Child Sexual Abuse: A review of the literature compiled by John Jay College Research Team- Terry, Karen J, Tallon, Jennifer

  Two parts Part 1 the literature review includes estimates of child sexual abuse, theories and etiology of child sexual abuse, typologies of child sexual abusers (including clergy), Evaluation of sex offenders, and models of treatment. Part II is an annotated bibliography

• Commercial Sexual Exploitation of Children: What do we know and what do we do about it, by Jay Albanese.

  Department of Justice report examining the sexual abuse of children for economic gain.

• Guidelines for child sexual abuse investigation protocols

  1999 guidelines developed by work group (law enforcement, Child Protective Services, mental health experts, etc.) for Washington State Institute for Public Policy in response to State legislation SB 5127 regarding protocol for investigations of alleged child abuse.

• Monitored Visitation Guidelines from the California Professional Society on the Abuse of Children (CAPSAC)

  Concise document from 2003 CAPSAC task force covering monitored visits, decision to order therapeutic contacts, information required from mental health professionals/family court/CPS. Includes charts for decision-making process in ordering visitation in cases of child sexual abuse.

• Nonfamily abducted children: National estimates and characteristics

  October 2002 Bulletin from the National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children (NISMART) of the US Department of Justice profiles the demographics and circumstances of their disappearance. Study spans data from 1997-1999.

• Sexual assault of young children as reported to law enforcement: victim, incident, and offender characteristics

  A January 2000 statistical report from the National Center for Juvenile Justice. Juvenile victims comprise 67% of sexual assaults handled by law enforcement, 1/3 of these victims are under age 12. Adults are the offenders in 60% of these incidents. Statistics profile gender, age, location, weapon, and time of day.

• Speaking with children: Advice from investigative interviewers - by Thomas B. Lyon

  Overview of developmentally appropriate interview strategies to avoid false allegations during investigations with children, and ten tips for interviewing children. This research paper from University of Southern California Law School is part of a 2001 Handbook for the Treatment of Abused and Neglected Children.

• The California Child Abuse and Neglect Reporting Law: Issues and Answers for Mandated Reporters

  The official guide from the California office of Child Abuse Prevention

• Trauma and Memory by Victoria L. Banyard, Ph.D.

  In this 2000 quarterly PTSD newsletter from the National Center for Post Traumatic Stress Disorder, Dr. Victoria Banyard of the University of New Hampshire’s Psychology Department provide overview of complexities in the field of traumatic memories. Includes comprehensive list of abstracts available for specifics issues: how error-prone memory can affect therapy, physiology of memories, false memory syndrome, dissociation, etc.

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