Sex offenders in the correctional system.
Forty-four U.S. systems and two Canadian systems responded to the current survey. Information on the Canadian provinces is available in the individual tables but is not included in the following summary. Responses from the U.S. systems show that 182,488 individuals, or 15 percent of the 1.25 million total inmates in those systems, were incarcerated for sex offenses at reporting time. In the systems that gave exact numbers, 56 percent of the sex offenders (101,875) were incarcerated for a first-time sexual offense; 10 systems were unable to identify first-time sex offenders.
When asked to report if their numbers had increased, decreased or remained basically the same in the preceding two years, 12 systems indicated that their numbers had increased, and only Kentucky stated that its numbers had decreased. Alabama and Maine did not maintain such figures. The remaining 29 reporting systems noted that their totals for sex offenders had remained about the same. A few comments were made regarding the increases such as: additional offenses had been placed on Indiana's registry; Michigan's sex offender parole approval rate is very low; Texas sex offenders are serving a longer percentage of their sentences; and Virginia implemented enhanced screening and assessment. Legislative actions also impacted the numbers (see Table 4).
Somewhat surprisingly, 22 of the reporting systems do not provide special accommodations for sex offenders. Iowa and Michigan separate offenders who are identified as predators. Some systems provide housing for sex offenders in close proximity to their treatment program areas, while other systems provide separate housing for all sex offenders or as an option for sex offenders.
The results from Georgia, Rhode Island and Vermont are not tabulated in the following percentages, due to special circumstances. For the remaining respondents, whether on a mandatory or voluntary basis, individual counseling is provided by 80 percent of the systems, group counseling by 95 percent, inmate support programs by 60 percent, medical treatment by 45 percent, relapse prevention by 88 percent, cognitive behavioral therapy by 83 percent, offender-specific counseling by 65 percent, and therapeutic communities by 55 percent of the systems. Several other sex offender treatment plans were identified, including family and spousal counseling in Hawaii, short-term crisis intervention therapy in Nevada, and sexual reconditioning in Tennessee. Participation in programs is stipulated by the courts in some states. In other states, offenders may lose parole consideration or other privileges if they decline treatment or are unsuccessful in the program. Twenty-four of the reporting systems do not provide a victim/offender reconciliation program.
Parole Eligibility and Release Provisions
All sex offenders are eligible for parole consideration in 10 systems, whereas 27 systems reported that not all sex offenders are eligible. (Parole has been abolished for all offenses in Florida, Maine and North Carolina.) A number of the systems stipulated that because of legislative actions, certain dates were applied to parole consideration based on when the offender was sentenced. Sex offenders are denied parole in the following situations: after two strikes in Arkansas, if they have mandatory life sentences in Iowa, if they also committed first-degree murder in Michigan and when so ordered by the court in Montana.
Release provisions cited include: requirements to register with law enforcement or other agencies; restrictions on housing, employment or proximity to schools, day care centers, etc.; GPS monitoring; polygraph testing; attending community treatment programs; and other court-ordered stipulations. In addition to standard conditions of parole, North Dakota assigns 17 special conditions for sex offenders, and Wyoming has a 30-subject listing of special conditions. Twenty-eight of the systems indicated that they track recidivism in one form or another.
Legislative Actions and Policy Changes
Tables 4 and 5 specifically identify legislative actions that occurred within the past two years and the changes in policy and sentencing that resulted. For example, Maryland has established a mandatory 25-year sentence for sex offenses against children younger than 13, and Iowa established a 10-year or lifetime supervision for most sex offenders. Arkansas has changed its policy to increase the sentencing felony level for sex offenders having incorrect addresses on identification when registering. In addition, Missouri now allows probation and parole officials to search sex offenders' home computers. When considering whether the sex offender population is truly growing, one should analyze the stated legislative actions that are impacting and will impact the numbers in the years to come.
For information on surveys featured in this or past issues of Corrections Compendium, contact Cece Hill, CEGA Services Inc., P.O. Box 81826, Lincoln, NE 68501; (402)420-0602.
SEX OFFENDERS--TABLE 1: POPULATION FIRST-TIME CURRENT SEX OFFENDER SEX SYSTEM POPULATION POPULATION OFFENDERS ALABAMA 29,263 4,235 1,845 ALASKA No response ARIZONA 37,508 5,172 3,207 ARKANSAS 14,320 2,390 2,031 CALIFORNIA 172,958 23,153 16,795 COLORADO 22,310 4,791 309 CONNECTICUT 23,719 1,974 905 DELAWARE 5,937 402 Unknown FLORIDA 95,144 13,622 8,534 GEORGIA 60,817 7,221 5,887 HAWAII 6,063 657 603 IDAHO 7,376 1,413 1,142 ILLINOIS No response INDIANA 24,638 3,723 2,274 IOWA 8,712 1,292 1,046 KANSAS 8,814 2,425 Unknown KENTUCKY 22,540 1,325 1,069 LOUISIANA No response MAINE 2,125 370 Unknown MARYLAND 23,397 2,122 40%, est. MASSACHUSETTS 10,135 1,326 604 MICHIGAN 50,136 12,320 9,143 MINNESOTA 9,214 1,655 Unknown MISSISSIPPI 24,897 2,044 Unknown MISSOURI 29,945 4,519 1,785 MONTANA 2,507 590 Unknown NEBRASKA 4,410 811 581 NEVADA 13,450 2,159 1,831 NEW HAMPSHIRE 2,767 677 Unknown NEW JERSEY 27,300 2,125, est. Unknown NEW MEXICO No response NEW YORK 62,846 6,561 4,815 NORTH CAROLINA 38,568 5,126 2,995 NORTH DAKOTA 1,442 350 35 OHIO 50,000 9,465 5,968 OKLAHOMA 25,199 4,679 3,371 OREGON No response PENNSYLVANIA 45,922 6,116 5,106 RHODE ISLAND 3,944 pretrial 376 Unknown and sentenced SOUTH CAROLINA 23,434 2,113 1,324 SOUTH DAKOTA 3,378 483 (5) 344 TENNESSEE 19,510 3,517 2,991 TEXAS 152,661 26,167 7,417 UTAH No response VERMONT 2,165 426 Most, est. VIRGINIA 32,534 3,201 2,192 WASHINGTON 16,942 3,164 2,405 WEST VIRGINIA 4,917 989 Unknown WISCONSIN 23,476 4,875 2,971 WYOMING 2,097 367 350 CANADIAN SYSTEMS NOVA SCOTIA 457 Not tracked Unknown ONTARIO 8,761 515 Unknown CHANGES FROM PREVIOUS TWO YEARS ALLOCATED SYSTEM BUDGET Increased Decreased ALABAMA Unknown N/A N/A ALASKA No response ARIZONA 2.6% of total ARKANSAS 0.0095% CALIFORNIA Unknown COLORADO 0.4% CONNECTICUT 9.6% DELAWARE <1% FLORIDA Unknown GEORGIA 0.01% HAWAII Unknown IDAHO Unknown ILLINOIS No response INDIANA 0.59% X IOWA 3% X KANSAS 0.8%, est. KENTUCKY Unknown X LOUISIANA No response MAINE 0.09% Unknown Unknown MARYLAND <1% X MASSACHUSETTS 6% MICHIGAN <1% X MINNESOTA 0.49% (3) MISSISSIPPI N/A X MISSOURI Unknown MONTANA Unknown NEBRASKA 14.5% of mental X health budget NEVADA <1% NEW HAMPSHIRE <1.09% NEW JERSEY 3.579% (4) NEW MEXICO No response NEW YORK 0.3%, excluding X staff NORTH CAROLINA Unknown NORTH DAKOTA Unknown X OHIO 0.15% OKLAHOMA $70,000 OREGON No response PENNSYLVANIA Unknown X RHODE ISLAND 0.24% SOUTH CAROLINA 0.05% SOUTH DAKOTA <1% X TENNESSEE Unknown TEXAS 0.10% X UTAH No response VERMONT <1% VIRGINIA Unknown X WASHINGTON 13%, biennial basis WEST VIRGINIA Unknown WISCONSIN Unknown WYOMING 1% CANADIAN SYSTEMS NOVA SCOTIA Unknown N/A N/A ONTARIO Unknown CHANGES FROM PREVIOUS TWO YEARS SYSTEM Same Comments ALABAMA N/A Numbers were not kept. ALASKA No response ARIZONA X ARKANSAS X CALIFORNIA X COLORADO X CONNECTICUT X DELAWARE X FLORIDA X GEORGIA X HAWAII X IDAHO X ILLINOIS No response INDIANA Additional offenses placed on registry IOWA Due to statute changes KANSAS X 2006 House Bill increased sentences for certain sex offenses involving minors. KENTUCKY LOUISIANA No response MAINE Unknown MARYLAND Increased 4% MASSACHUSETTS X MICHIGAN Sex offender parole approval rate is very low. MINNESOTA X MISSISSIPPI MISSOURI X MONTANA X NEBRASKA Increased sentences due to passage of legislative bill NEVADA X Anticipate future impact due to legislative actions NEW HAMPSHIRE X NEW JERSEY X NEW MEXICO No response NEW YORK NORTH CAROLINA X NORTH DAKOTA OHIO X OKLAHOMA X OREGON No response PENNSYLVANIA Recategorized offenses for accurate reporting RHODE ISLAND X SOUTH CAROLINA X SOUTH DAKOTA TENNESSEE X TEXAS Sex offenders are serving a higher percentage of their sentences. UTAH No response VERMONT X VIRGINIA Slight increase due to enhanced screening and assessment WASHINGTON X WEST VIRGINIA X WISCONSIN X Increases may occur due to recent legislative action. WYOMING X CANADIAN SYSTEMS NOVA SCOTIA N/A ONTARIO X SYSTEM SPECIAL HOUSING ACCOMMODATIONS ALABAMA No ALASKA No response ARIZONA Separate housing is an inmate option. ARKANSAS No CALIFORNIA No COLORADO No CONNECTICUT No, but a sex offender can request a move to protective custody. DELAWARE No FLORIDA No GEORGIA No HAWAII No IDAHO Unknown ILLINOIS No response INDIANA Males housed in one of two facilities dedicated to sex offenders; female sex offenders in one facility IOWA For offenders identified as predators KANSAS No (1) KENTUCKY No LOUISIANA No response MAINE 60-bed therapeutic community treatment unit MARYLAND No MASSACHUSETTS Various housing options (combined with mental health directives) MICHIGAN Predators are segregated while others may be concentrated to facilitate treatment MINNESOTA An exclusive unit for inmates in treatment program MISSISSIPPI No MISSOURI No MONTANA A 180-bed low-security unit NEBRASKA Dedicated beds at one facility NEVADA No NEW HAMPSHIRE Inmates participating in treatment programs are housed together. NEW JERSEY Offenders characterized under the New Jersey Sex Offender Act by a pattern of repetitive and compulsive behavior, and if willing and amenable for treatment, may be housed at an alternative center. NEW MEXICO No response NEW YORK Residential therapeutic setting NORTH CAROLINA No NORTH DAKOTA No OHIO No OKLAHOMA Two separate treatment program housing units OREGON No response PENNSYLVANIA Two modified therapeutic community facilities and six facilities that include separated residential units RHODE ISLAND An 84-bed specialized treatment unit at a medium-security facility SOUTH CAROLINA One tier of one dorm for inmates in the treatment program SOUTH DAKOTA No TENNESSEE A dedicated housing unit at one facility and a special needs facility for inmates participating in treatment program TEXAS No UTAH No response VERMONT If in treatment, high-risk inmates are housed in a separate facility from low-risks, who may remain in the general population. VIRGINIA Segregated for disciplinary purposes, if necessary; separate housing in one facility WASHINGTON Yes, but not specified WEST VIRGINIA No WISCONSIN Therapeutic community residence for long-term program participants WYOMING No CANADIAN SYSTEMS NOVA SCOTIA Possible housing with other protective custody inmates ONTARIO Possible housing in protective custody or segregation cells, if beds are available (1) KANSAS: At one facility, medium-custody inmates participating in a treatment program are housed on the same floor as the program; participants at other facilities are not separated from the general population. (2) MAINE: The figure includes adult and juvenile facilities and community corrections. (3) MINNESOTA: The percentage includes adult and juvenile incarcerations, supervision, and probation and parole services. (4) NEW JERSEY: An additional 2.52 percent is targeted for fiscal year 2008 for the civilly committed sex offender population and its treatment. (5) SOUTH DAKOTA: An additional 303 inmates who were not convicted of a sex crime but subsequently have been identified as having a sexual behavior issue are not included. SEX OFFENDERS--TABLE 2: TREATMENT PROGRAMS TYPE OF TREATMENT PROGRAMS Inmate Individual Group Support SYSTEM Counseling Counseling Programs ALABAMA V V V ALASKA No response ARIZONA V V V ARKANSAS V V V CALIFORNIA M M COLORADO V V V CONNECTICUT V V V DELAWARE V V V FLORIDA V V GEORGIA HAWAII V V IDAHO No response ILLINOIS No response INDIANA V M V IOWA M M V KANSAS M KENTUCKY V V LOUISIANA No response MAINE V V MARYLAND V V V MASSACHUSETTS V V MICHIGAN V MINNESOTA M/V M V MISSISSIPPI MISSOURI X X X MONTANA V V V NEBRASKA V V NEVADA V NEW HAMPSHIRE V V NEW JERSEY V V V NEW MEXICO No response NEW YORK V M M NORTH CAROLINA V V V NORTH DAKOTA M V OHIO V OKLAHOMA V V OREGON No response PENNSYLVANIA V V V RHODE ISLAND SOUTH CAROLINA V V SOUTH DAKOTA M M TENNESSEE V V V TEXAS M M M UTAH No response VERMONT VIRGINIA V V V WASHINGTON V V V WEST VIRGINIA V V V WISCONSIN V M/V V WYOMING V V V CANADIAN SYSTEMS NOVA SCOTIA ONTARIO V V V TYPE OF TREATMENT PROGRAMS Cognitive Medical Relapse Behavioral SYSTEM Treatment Prevention Therapy ALABAMA V V V ALASKA No response ARIZONA V V V ARKANSAS V V V CALIFORNIA M COLORADO V V V CONNECTICUT V V V DELAWARE FLORIDA V V GEORGIA HAWAII V V IDAHO No response ILLINOIS No response INDIANA M M M IOWA V M M KANSAS M M KENTUCKY V LOUISIANA No response MAINE V V MARYLAND V V MASSACHUSETTS M M M MICHIGAN V V MINNESOTA M M MISSISSIPPI MISSOURI X X X MONTANA V V NEBRASKA V V NEVADA NEW HAMPSHIRE V V NEW JERSEY V V V NEW MEXICO No response NEW YORK M M NORTH CAROLINA V V V NORTH DAKOTA M M OHIO M V OKLAHOMA V V OREGON No response PENNSYLVANIA V V V RHODE ISLAND SOUTH CAROLINA V SOUTH DAKOTA M M TENNESSEE V V V TEXAS M (4) M M UTAH No response VERMONT VIRGINIA V V V WASHINGTON V V V WEST VIRGINIA V V WISCONSIN V M/V M/V WYOMING V V V CANADIAN SYSTEMS NOVA SCOTIA ONTARIO V M/V V TYPE OF TREATMENT PROGRAMS Offender- Specific Therapeutic SYSTEM Counseling Community Other ALABAMA V V ALASKA No response ARIZONA V V ARKANSAS V V Informational and education classes specific to the problems being addressed CALIFORNIA COLORADO V V CONNECTICUT V V DELAWARE FLORIDA GEORGIA HAWAII Family and spousal counseling IDAHO No response ILLINOIS No response INDIANA M Therapeutic community currently being developed IOWA M KANSAS M KENTUCKY LOUISIANA No response MAINE V V MARYLAND V MASSACHUSETTS M M MICHIGAN MINNESOTA M M MISSISSIPPI MISSOURI X X MONTANA V NEBRASKA V V NEVADA Crisis intervention (short-term therapy) and referral to medical department, if needed NEW HAMPSHIRE V V NEW JERSEY V See footnote for formal program topics (1) NEW MEXICO No response NEW YORK M M NORTH CAROLINA V V NORTH DAKOTA M Individual counseling is extremely limited in availability. OHIO V OKLAHOMA OREGON No response PENNSYLVANIA V V RHODE ISLAND See footnote (2) SOUTH CAROLINA SOUTH DAKOTA Operated by the Special Treatment of Perpetrators STOP (3) TENNESSEE V V Sexual reconditioning TEXAS M M UTAH No response VERMONT VIRGINIA V V WASHINGTON V V WEST VIRGINIA V WISCONSIN M/V V WYOMING V V CANADIAN SYSTEMS NOVA SCOTIA ONTARIO M/V V TYPE OF TREATMENT PROGRAMS VICTIM-OFFENDER RECONCILIATION SYSTEM Comments PROGRAM IN USE ALABAMA No ALASKA No response ARIZONA Yes, and designed to focus on giving victims a voice, using written exercises, videos and victim impact panels ARKANSAS Some inmates No may have participation stipulations as a condition for parole consideration but may decline treatment. CALIFORNIA No COLORADO Yes, but not stipulated CONNECTICUT A periodic A victim-offender dialogue screening that must be victim-initiated interview for classification is mandatory. DELAWARE No FLORIDA No GEORGIA All sex No offender psycho- educational programs are not considered treatment. HAWAII Medical or Offered to those incest sex psychiatric offenders who seek reunification issues are with their victimized children referred to the and only when both the offender's prison health therapist and the victim's care unit. therapist agree IDAHO No response ILLINOIS No response INDIANA No IOWA No KANSAS Offenders After screening for readiness and may decline appropriateness, recommendations treatment, with must be received from Victim consequences to Services and the offender's follow (loss of treatment therapist privileges, good time, etc.). KENTUCKY No LOUISIANA No response MAINE No MARYLAND No MASSACHUSETTS No MICHIGAN No MINNESOTA Direction and Available for most offenders, but placement for with specific procedures and treatment is preparation based on bed availability; individual counseling may be mandatory or voluntary. MISSISSIPPI Treatment or No special interventions are not available. MISSOURI Xs are used Yes, with emphasis on victim to indicate empathy that all the services are available but were not specified as M or V. MONTANA Unknown NEBRASKA No NEVADA No NEW HAMPSHIRE Coordinated by Victim Services NEW JERSEY Treatment is Yes, as indicated in the New mandatory if Jersey footnote mandated by the court; if the treatment is rejected by the offender, he/she may be transferred to an optional facility for possible treatment. NEW MEXICO No response NEW YORK Administered by the Office of Court Administration NORTH CAROLINA No NORTH DAKOTA The "mandatory" No services are defined as staff recommended or court ordered. OHIO Part of program offered through Victim Services, but not separate for sex offenders OKLAHOMA No OREGON No response PENNSYLVANIA While The Office of the Victim Advocate voluntary, if uses a mediation program offenders do not successfully complete the program they will not be eligible for parole. RHODE ISLAND Actual mediation is handled by a local community victim services office, if the victim contacts the prison or the parole board. SOUTH CAROLINA No SOUTH DAKOTA No TENNESSEE No TEXAS The victim-offender mediation/dialogue program is more a restorative justice program that can provide a form of healing. UTAH No response VERMONT The Vermont Available for the victims if Treatment they request it Program for Sexual Aggression uses a cognitive- behavioral approach in a therapeutic setting. VIRGINIA While No voluntary, offenders who opt out of the program, by Virginia Code, will lose the ability to earn good time. WASHINGTON No WEST VIRGINIA No WISCONSIN Programs are Victim-offender dialogue is not mandatory in considered a reconciliation the community program but is available for all and voluntary offenders, not restricted by type in the of crime; only the victim can institutions. request a meeting. WYOMING While Under development at the present voluntary, time failure to take a recommended program may result in a loss of privileges or lengthening of sentence. CANADIAN SYSTEMS NOVA SCOTIA All programs No are provided under community supervision. ONTARIO Mandatory in No the community and voluntary in the institution M = Mandatory V = Voluntary (1) NEW JERSEY: Specific treatment programs are provided for: anger management, arousal reconditioning, clear thinking, emotional regulation, personal victimization, relapse prevention, sex education, social skills/relationship group, stress management and victim empathy. Medical treatment is voluntary except for in cases of tuberculosis, hunger strikes (when the inmate's life is at immediate risk) and mental health treatment when on a forced medication regime. (2) RHODE ISLAND: As a long-term, open-ended program designed to identify and address the contributing factors to sexual violence, offenders are provided a variety of core groups and skill-building classes, such as personal accountability, relapse prevention, cognitive distortion, relationships and communication skills. A treatment contract is required and all who participate must admit their offenses and sign a waiver of confidentiality. (3) SOUTH DAKOTA: The STOP program consists of different steps of therapy, educational treatment and relapse prevention, including Family History, Sexual Terminology, Sexual Anatomy and Diagramming, Disclosure Assignment (History of Pornography, Observed Sexual Behaviors, Masturbation, Sexual Perpetration), and Sexual History Polygraph Booklet. (4) TEXAS: The programs are mandatory when the offender is placed in one of them. Medical treatment, however, is available for all offenders, except when directed at impacting sex-offending behavior; the only medical intervention specifically for sex offenders is surgical castration, which is voluntary for those offenders who statutorily qualify. SEX OFFENDERS--TABLE 3: RELEASE PROVISIONS ALL SEX OFFENDERS ELIGIBLE SYSTEM FOR PAROLE COMMENTS ALABAMA Yes ALASKA No response ARIZONA No For offenses prior to Jan. 1, 1994, unless sentenced to flat time, or for all sex offenders after Jan. 1, 1994 ARKANSAS No A two-strikes rule applies for certain sex offenses. CALIFORNIA Yes COLORADO No Class 1 felony offenders serve a life sentence with no parole eligibility or a death sentence. CONNECTICUT Yes DELAWARE No FLORIDA No Abolished in 1983 but an option for very old offenses GEORGIA No Determined on a case-by-case basis HAWAII Yes IDAHO Unknown ILLINOIS No response INDIANA Yes IOWA No Life sentences are mandatory. KANSAS No After July 1, 2006, aggravated habitual offenders are sentenced to life without parole if convicted of a sexually violent crime with at least two prior same convictions. KENTUCKY Yes LOUISIANA No response MAINE No Parole has been abolished. MARYLAND No Eligible if crime was committed prior to Oct. 1, 2007 MASSACHUSETTS No First-degree lifers are not eligible. MICHIGAN No Offenders who also committed first-degree murder are not eligible MINNESOTA No Sex offenders sentenced to life without parole are not eligible. MISSISSIPPI No Eligible if convicted prior to 1995 and required to serve a mandatory sentence. (1) MISSOURI Yes MONTANA No When so ordered by the sentencing judge NEBRASKA Yes NEVADA No Offenders with an additional murder conviction are not eligible NEW HAMPSHIRE Yes, but Must complete the sex offender restricted treatment program; not eligible if sentenced to life without parole NEW JERSEY No Determined by the sentence imposed by the court NEW MEXICO No response NEW YORK No Offenders sentenced to an indeterminate term are eligible for discretionary release. (2) NORTH CAROLINA No Parole was abolished for all crimes committed on or after Oct. 1, 1994; sex offenders are therefore eligible, depending on the date of their crime. NORTH DAKOTA No Gross sexual imposition with force is an 87% truth-in-sentencing case and not parole eligible. OHIO No Two types of sentences apply: those who receive flat sentences with supervision and those who appear before the parole board. OKLAHOMA Yes OREGON No response PENNSYLVANIA No Offenders given life sentences are not eligible. RHODE ISLAND No Offenders serving life sentences are not eligible. SOUTH CAROLINA No Eligible for crimes committed on or after January 1996 (4) SOUTH DAKOTA No Lifers are not eligible; a new no-parole provision may apply for certain sex offenders, if warranted. TENNESSEE No Certain serious offenses are precluded by statute. TEXAS Yes UTAH No response VERMONT No Offenders serving mandatory life sentences with no parole are not eligible. VIRGINIA No Eligible for crimes committed on or before Jan. 1, 1995, when parole was abolished WASHINGTON Yes WEST VIRGINIA Yes WISCONSIN No Eligible for crimes committed prior to Jan. 1, 2000, on a discretionary basis; others are under truth-in-sentencing guidelines WYOMING No Offenders serving life sentences are not eligible CANADIAN SYSTEMS NOVA SCOTIA Yes ONTARIO Yes SYSTEM SPECIAL RELEASE PROVISIONS ALABAMA Sex offender notification and restrictions on where they may live or areas they may be around ALASKA No response ARIZONA No residing or associating with anyone under age 18 without a parent, guardian or responsible adult present; no loitering around areas where the targeted clientele is under 18; register with the sheriff (Maricopa County) within 72 hours and report changes of address; participate in sex offender counseling; and have no contact with the victim ARKANSAS Increased supervision applies. CALIFORNIA Agreement to a 14-point listing of special conditions that identify factors of drug/alcohol abuse, treatment, contact with minors, associations, residence, travel and movement, possessions and activities COLORADO Yes, but unspecified CONNECTICUT Registration that includes physical address, e-mail addresses and instant messaging screen name; most sex offenders must attend special sex offender treatment programs; and most are GPS monitored DELAWARE None FLORIDA Florida Parole Commission special conditions apply. GEORGIA Restrictions on residence and employment and on computer use and contact with minors HAWAII Must participate in weekly group or individual sessions, be polygraphed at regular intervals, and a for behavior modification as needed for treatment IDAHO Unknown ILLINOIS No response INDIANA Yes, but unspecified IOWA No visitations with minor victims and community treatment is required KANSAS Thirteen potential restrictions are imposed, based on the individual sex offender's risks and needs and may include treatment, restricted or limited contact with minors, residence restrictions, limitations on computer use/access, etc. KENTUCKY Must enter and successfully complete treatment programs in the community LOUISIANA No response MAINE MARYLAND Offenders must complete the mandatory-minimum sentence if the victim (after Oct. 1, 2007) was under age 13; no employment involving children; no contact with victims or youth organizations; and no possession of child pornography MASSACHUSETTS Conditions rest with the parole board, a separate state agency. MICHIGAN Numerous standard and special conditions can be imposed on a case-by-case basis when deemed applicable. MINNESOTA An entire set of conditions is applied, including additional conditions specific to the offender's offense type and offense characteristics/ circumstances. MISSISSIPPI Registration with the Mississippi Department of Public Safety and must report monthly and abide by all provisions set forth by statute MISSOURI Required to register and continue treatment within the community MONTANA Special conditions, if any, may be dictated by court order. NEBRASKA Vary on a case-by-case basis but usually include electronic monitoring NEVADA Usually subjected to a program of lifetime supervision and subject to community registration, depending on the tier of their offense NEW HAMPSHIRE Standard stipulations apply and offenders are required to register. NEW JERSEY General conditions are determined by the state parole board depending on the sentencing terms, such as community supervision for life or parole supervision for life. NEW MEXICO No response NEW YORK Numerous special conditions can be applied over and above the standard conditions, and the Division of Parole is responsible for establishing the individualized conditions of release. NORTH CAROLINA Specially trained parole officers are used and parole restrictions apply; selected offenders may be placed on GPS monitoring depending on the crime dynamics and some for life. NORTH DAKOTA Seventeen special conditions have been added to standard conditions of parole that include restrictions on residence, treatment, suitable employment, loitering, purchase or possession of sexually stimulating materials, use of a 900 phone number, etc. OHIO Subject to special sex offender conditions of supervision as well as complying with parole board conditions OKLAHOMA Specific rules and conditions pertain to registration and residency restrictions, treatment and polygraph requirements OREGON No response PENNSYLVANIA Often restricted to residency locations and access to computers; when the victim(s) include minors, interaction restrictions may be applied; possession of pornography is prohibited; treatment is typically required in virtually all cases including polygraph testing RHODE ISLAND Standard parole conditions apply, as well as special conditions; treatment is mandatory and other conditions may apply, such as unsupervised contact with minors, substance abuse or mental health treatment, and no contact with victim. SOUTH CAROLINA All sex offenders must report to local law enforcement and register on the state's sex offender registry database. For crimes committed before 1996, parole supervision applies; community release offenders are subject to two years of community supervision; offenders completing their sentence for crimes committed before 1996 do not have community supervision, but must register. SOUTH DAKOTA Must comply with sex offender registry requirements, and treatment may apply to some. TENNESSEE Electronic monitoring if required by statute; proximity restrictions; or subject to certain restrictions on conduct imposed b the Board of Probation and Parole TEXAS Special conditions are imposed on most sex offenders consisting of seven mandatory components that include treatment, no victim contact, certain occupations, attendance at an institution of higher learning without board approval, viewing pornography and polygraph testing, plus three additional conditions if the crime was on a child and six other discretionary conditions. UTAH No response VERMONT Numerous conditions apply per the parole board and the department. VIRGINIA When returning to certain districts, special conditions may be imposed by the district officials. WASHINGTON Special conditions may apply as well as lifetime supervision in some cases. WEST VIRGINIA Registration and restrictions on proximity to minors, schools, etc. WISCONSIN Assigned parole agents set special conditions after release such as electronic monitoring, residency requirements, no contact requirements, etc.; mandatory GPS tracking for certain serious sex offenders is slated to take effect in the near future. WYOMING A 30-subject listing of special conditions is applicable. CANADIAN SYSTEMS NOVA SCOTIA Special conditions may be applied per the discretion of the National Parole Board. ONTARIO Special conditions may be applied on a case-by-case basis dependent on conditional sentence/probation order. SYSTEM RECIDIVISM TRACKING ALABAMA All inmates returning into the system are tracked. ALASKA No response ARIZONA Yes, including recording applicable data ARKANSAS No CALIFORNIA No COLORADO Unknown CONNECTICUT No DELAWARE No FLORIDA Yes, as with all releasees GEORGIA Statistical monitoring of those returned to prison for new offense and technical violations HAWAII Yes, for all releasees for life (the state has a 20-year record) IDAHO Unknown ILLINOIS No response INDIANA Yes, a rate for sex offenders is computed as well as for the general population. IOWA Three-year tracking KANSAS Yes, via a contracted provider for one to three years KENTUCKY No LOUISIANA No response MAINE No MARYLAND No, sex offender parolees are so few (2.2%) that the need is not considered vital. MASSACHUSETTS Yes, and broken down to first-, second- and third-year figures MICHIGAN Yes, routine analyses for each annual release cohort MINNESOTA Yes, including separation by offense type, is a part of the biennial performance report, with additional research reports specifically on sex offenders MISSISSIPPI No MISSOURI Yes, focusing on those who complete treatment or do not complete treatment and the reasons for the failure MONTANA Yes, tracked for violations and returns to prison NEBRASKA Tracked on a three-year basis for technical violations and new crimes committed NEVADA Yes, and are considered part of the department's population until the expire NEW HAMPSHIRE Yes, for those released from or returned to the state prison NEW JERSEY Requirement to study all releasees from the Adult Diagnostic and Treatment Center to measure program effectiveness to repetitive and compulsive offenders NEW MEXICO No response NEW YORK Yes, a three-year post-release follow-up NORTH CAROLINA No NORTH DAKOTA No OHIO Yes, a 10-year study by the Bureau of Research and a follow-up study OKLAHOMA No, but parole and the department have the capability OREGON No response PENNSYLVANIA No, due to staffing resources, but has the capability to do so RHODE ISLAND Yes, periodic retrospective studies are conducted. (3) SOUTH CAROLINA Tracking is completed for all releasees who return to prison but individual follow-up is not conducted by the department. SOUTH DAKOTA No TENNESSEE No TEXAS Tracked by the Texas Legislative Budget Board but not specifically rated for sex offenders UTAH No response VERMONT Yes, based on the "Outcome of a Treatment Program for Adult Sex Offenders" (Journal of Interpersonal Violence, 2003) VIRGINIA Yes, for a period of three years, with plans for a five-year study WASHINGTON Yes, for a five-year period measured as a new commitment that results in a return to prison WEST VIRGINIA Yes, periodic studies WISCONSIN Yes, baseline studies covering periods from 1980 through 2002 involving 480,000 offenders have been conducted as well as other baseline studies WYOMING Yes, for those whose crimes were committed within the state CANADIAN SYSTEMS NOVA SCOTIA No ONTARIO No (1) MISSISSIPPI: Offenders convicted after 1995 are required to serve 85 percent of their sentences; capital rape may receive death sentence by injection or a life sentence that now requires serving until age 65; if they are age 55 or older upon conviction, they must serve 12 years. (2) NEW YORK: When sentenced to determinate terms, offenders may earn good time; however, such offenders are not eligible for discretionary release. A person convicted as a second violent felony offender on or after Oct. l, 1995; as a violent felony offender on or after Sept. 1, 1998; or any felony sex offense on or after April 13, 2007, is sentenced to a determinate term of imprisonment and a period of post-release supervision. (3) RHODE ISLAND: The studies provide data for sex offenders released on parole with a specific release cohort, but the department does not aggregate recidivism statistics for any group of offenders in real-time. (4) SOUTH CAROLINA: Truth-in-sentencing legislation passed in 1995 designated most sex offenses as no-parole; therefore, sex offenders who committed crimes on or after January 1996 must serve 85% of their sentence before release and be supervised in the community for two years. SEX OFFENDERS--TABLE 4: LEGISLATIVE ACTIONS (WITHIN THE PAST TWO YEARS) SYSTEM LEGISLATIVE ACTIONS ALABAMA Amended the Sex Offender Community Notification statute ALASKA No response ARIZONA Convicted homeless sex offenders must register as transients; Motor Vehicles must update addresses annually; monitored with a GPS system if convicted of dangerous crimes against children; those who fail to register must be sentenced to either lifetime probation or imprisonment for not less than the presumptive sentences authorized by law; statements made while undergoing sex offender treatment are not admissible in a criminal proceeding unless a new violation has been determined; Level 3 sex offenders (against children) prohibited from living within 1,000 feet of a school or child care facility; and registered sex offenders must notify local county sheriff of e-mail addresses or other online identifiers ARKANSAS None CALIFORNIA Five separate legislative actions COLORADO Revisions to sex offender registration and community notification, including sexual violent predator provisions CONNECTICUT Updated registry rules; a Risk Assessment Board was established; the department must ensure registry; e-mail addresses and instant message screen names must be registered; special treatment is required as a condition of probation or conditional discharge; and a DNA test is required before release DELAWARE Provided a two-year window during which victims can bring forth a civil action; amended the existing Megan's Law to conform to recent federal legislative changes required under the Adam Walsh Act; created a Sex Offender Management Board; created explicit protections for children in civil custody matters; provided GPS tracking for tier III sex offenders; allowed for the use of digital outdoor advertising technology; expanded the definition of sexual offenses; expanded coverage of the Child Safe School Zone Act; mandated a life sentence by the Superior Court if convicted of a class A or B felony sex offense against a child; increased the visibility and content of the sex offender Web site; and required the court to make specific findings of fact prior to a visitation order where a child must be brought to a correctional facility FLORIDA Amended Jessica's Law GEORGIA Increased mandatory minimums for certain sex offenses, proximity restrictions and lifetime registration HAWAII None IDAHO Increased the maximum terms for a number of sex crimes, such as murder during perpetration; increased mandatory-minimum sentences for certain repeat offenders; the statute of limitations was eliminated for certain sex crimes against children; and proximity to schools was restricted ILLINOIS No response INDIANA Oversight of registration was moved to the department; applied more restrictions; loss of credit time if treatment is refused; and enhanced sexually violent predator statute IOWA Established either 10-ear or lifetime supervision for most sex offenders KANSAS Increased penalties for sex offenses against children (Jessica's Law); increased registration requirements; established a Sex Offender Policy Council to review key sex offender issues during the next two years, addressed registration issues in compliance with the federal Adam Walsh Act, and extended the residential restriction moratorium to June 30, 2009 KENTUCKY Required registration of e-mail, instant messaging, chat and other internet communications identities; extensive changes relative to sex offenses and punishment LOUISIANA No response MAINE Unknown MARYLAND Mandatory 25-year sentences for sex offenses against a child under 13; extended sex offender parole supervision for life; notification by local law enforcement to local communities into which a sex offender moves; and established a Sex Offender Advisory Board and sex offender management teams, staffed by the Division of Parole and Probation MASSACHUSETTS Increased the statute of limitations for sexual crimes against children; registration requirements must be completed within five days by custodial agencies, which includes anticipated future residence and anticipated secondary addresses, offense history, documentation of any treatment received for a mental abnormality, official version of any sex offenses, prior incarceration history, and the projected maximum release date and earliest possible release date; and must provide all information on offender transfers to the board within 10 days MICHIGAN Changes to registration act; and revised legislative sentencing guidelines scoring for selected sex offenses and characteristics MINNESOTA Provided mandatory life sentences without parole for certain egregious first-time sex offenders and repeat offenders; placed a mandatory conditional release supervision time from five to 10 years for sex offenders, unless receiving lifetime supervision; and an amendment to include a screening committee and independent legal counsel within the screening process conducted b the department prior to release of sex offenders MISSISSIPPI Made a stalking violation by a registered sex offender a felony, criminalized eluding registration; authorized electronic monitoring; began participation in federal DNA Indexing System; and revised registration law to conform to federal Adam Walsh Act MISSOURI Created "attempted" statutory rape and sodomy child molestation with previous conviction; school proximity restrictions within 500 feet; and requirements for failure to register MONTANA Established guidelines for sex offenses against children 12 or under NEBRASKA Enhanced penalties and enacted lifetime sex offender monitoring NEVADA Enhanced sentencing; tightened parole conditions and enforcement of community registration; and required all sex offenders to be registered prior to release from custody NEW HAMPSHIRE Passed a Sexual Predatory Act that increases the length of sentence and allows for five-year civil commitment following incarceration in specifically identified circumstances NEW JERSEY Municipal not state legislation restricting residences NEW MEXICO No response NEW YORK Amended Sex Offender Management and Treatment Act providing determinate sentencing for all felony sex offenders; increased period of post-release supervision; enhanced treatment while incarcerated; provided a comprehensive system for reviewing sex offenders upon release, parole or post-release supervision; and designated agencies with jurisdiction to determine whether a detained sex offender has a mental abnormality that may lead to confinement in a secure treatment facility operated by the Office of Mental Health NORTH CAROLINA GPS monitoring for some offenders and strict registration laws in compliance to the federal Adam Walsh Law NORTH DAKOTA Restricted proximity to schools; mandatory sentencing; mandatory probation supervision; and statute involving civil commitments OHIO Two bills (unspecified) OKLAHOMA Lengthened minimum sentences for some sex crimes; requirements for longer periods of registration, risk assessment and residence restrictions; and mandatory obtainment of an annual driver's license designating them as a sex offender OREGON No response PENNSYLVANIA Increased mandatory-minimum sentences for certain offenses from 25 to 50 years, including for an offense involving a child 13 or under; registration for any resident convicted of a crime in another state; GPS monitoring for life; established an online location map accessible to the public on location of sex offenders; established a new chapter in the Crimes Code that included failure to comply with registration requirements of Megan's Law; places on the Sex Offender Assessment Board certain requirements for written description of the offense; required data inclusion of a physical description of the offender; and requires employers to perform background checks on all potential employees who would have regular contact with children RHODE ISLAND Assigns penalties for child molestation, first-degree sexual assault (Jessica's Law) SOUTH CAROLINA Unknown SOUTH DAKOTA Enhanced registration requirements; increased penalties for failure to register; created community safety zones involving loitering or residency; a mandatory requirement for state participation in the national Sex Offender Registry; created a statewide Sex Offender registry and Internet access; required risk assessments prior to sentencing; increased penalties for recidivist sex offenders with young victims; created new felony offenses for harboring sex offenders or for threats to commit another offense; enhanced the felony for out-of-state offenders failing to register their move to the state; and applying no-parole provisions for certain sex offenders if warranted, based on history and assessments TENNESSEE Toughened penalties for sex offenders; heightened scrutiny of released offenders; and laced restrictions on offenders released into the community TEXAS Six Senate and House bills were provided impacting major changes in current legislation  far too extensive to delineate in this survey, but refer to the department for detailed information UTAH No response VERMONT Numerous revisions to statutes concerning sentencing serious sex offenders, including mandatory-minimum, life maximums and higher minimums VIRGINIA Mandatory GPS monitoring for offenders failing to register; enactment of a narrow proximity law; and a prohibition for offenders convicted of certain offenses from entering school property WASHINGTON Not available at resent time WEST VIRGINIA A Child Protection Act that included a wide range of implications for sentencing and sex offender management WISCONSIN Registration requirements for sex offenders based upon a juvenile delinquency adjudication; lifetime imprisonment for certain sex offenders; provided penalties for sexual contact or intercourse involving a 16- or 17-year-old by a person who works or interacts with him/her through an occupation or volunteer position; DNA testing; mandatory confinement terms for certain child sex offenses; GPS monitoring; registry changes to include residency and Web site information; defined a sexually violent person; defined sexual contact and provided penalties; provided penalties for sexual intercourse or contact with a person under the influence of alcohol; and provided penalties for sexual assault of a child WYOMING Possible life imprisonment for sex offenders with two or more sex convictions CANADIAN SYSTEMS NOVA SCOTIA None ONTARIO None SEX OFFENDERS--TABLE 5: POLICY CHANGES (WITHIN THE PAST TWO YEARS) POLICY CHANGES IN POLICY CHANGES IN SYSTEM SENTENCING CORRECTIONS ALABAMA Not available No changes ALASKA No response ARIZONA No change Increased program funding for Sex Offender Education and Treatment, an evidence-based program offered to both male and female offenders. ARKANSAS Increased sentencing Pro-active policy to felony level for eliminate rape in prison incorrect address on IDs when registering; living near a victim, a school or a day care center; entering a school campus; indecent exposure; transporting a minor for prohibited sexual conduct; and sexual indecency with a child CALIFORNIA No change No change COLORADO No major change No major change CONNECTICUT No change No change DELAWARE No change No change FLORIDA Jessica Lunsford Act, Numerous local requiring use of GPS ordinances restricting monitoring for some sex residences (proximity to offenders not sentenced schools, etc.) affect to prison placement of released inmates. GEORGIA Mandatory minimums A procedure to ensure increased on most sex that all offenders are offenders but not for registered prior to first-time sex release offenders. HAWAII No change No change IDAHO No change No change ILLINOIS No response INDIANA Revisions to the Indiana Registration oversight Code that increased was moved to the registration length and Indiana Department of frequency Corrections, and all sex offenders are housed at two specific treatment facilities. IOWA No particular changes GPS monitoring has been implemented in the community. KANSAS Parole eligibility as A new parole unit was noted on Table 3 formed as a pilot project to manage and supervise a select group of higher-risk sex offenders using a GPS monitoring system. KENTUCKY Harsher penalties for Sex offenders are most felon sex offenders moved to specialized supervision officers. LOUISIANA No response MAINE No change No change MARYLAND Parole and probation No change guidelines have changed somewhat MASSACHUSETTS No change No change MICHIGAN Sentencing reform that A partnership with could affect all offense Kalamazoo County on its types still under federal Comprehensive consideration Approaches to Sex Offender Management (CASOM) grant to pilot comprehensive approaches to sex offender management MINNESOTA No change Enhancement of the department's sexual psychopathic personality/sexual dangerous person policy, a screening process by adding independent legal counsel MISSISSIPPI No change A revision of departmental policies and standard operating procedures MISSOURI Probation and parole now No change has access to search sex offenders' home computers. MONTANA No change No change NEBRASKA Enhanced penalties Based on a new category for civil commitment (dangerous sex offender), the department has the responsibility for evaluating certain sex offenders prior to their discharge and has implemented a new treatment model that includes three levels of treatment using the health lives model. NEVADA Increased enforcement Enhanced conditions for and compliance with parole community registration NEW HAMPSHIRE Increased sentences and Adopted a detailed requirement to identify Prison Rape Elimination convicted sex offenders Act policy who are eligible for a new five-year civil commitment NEW JERSEY No change No change NEW MEXICO No response NEW YORK No change Having helped negotiate new legislation, the department has significantly enhanced its capacity to provide sex offender treatment, in essence doubling the treatment capacity, and introduced a more comprehensive treatment program for moderate-and high-risk offenders. NORTH CAROLINA Unknown Reduced the numbers eligible for community-based programs such as work release NORTH DAKOTA Yes, but not specified Significant changes, including school property prohibitions, mandatory sentences, mandatory supervision on probation, civil commitment statute changes and more OHIO No change No change OKLAHOMA Lengthened minimum Requirement for longer sentences for some sex periods of registration, crimes risk assessment and stricter residency restrictions, and requiring offenders to obtain an annual drivers license designating them as a sex offender OREGON No response PENNSYLVANIA Based on legislation A policy issued in noted on Table 4 December 2005 was the first standardized change in assessment/ treatment of adult sex offenders. RHODE ISLAND No policies in effect No policies in effect for management of incarcerated sex offenders except for notifying offenders of their duty to register with law enforcement agencies and procedures for notification SOUTH CAROLINA No change No change SOUTH DAKOTA No change Registration requirement for incarcerated sex offenders TENNESSEE Unknown as these are No change determined by the courts TEXAS As noted on Table 4 No change UTAH No response VERMONT Many revisions, as noted Supervision and release on Table 4 criteria and designation of high-risk, noncompliant sex offender status VIRGINIA No change Policy decisions have revolved around new legislation noted on Table 4 WASHINGTON Additional offenses Release strategies and require registration; the need for approved new crimes have been addresses for all added as registerable, current sex offenders; such as criminal return of offenders to trespass against a the county of their child; failure to first conviction in the register now is a state of Washington; felony; and there is and reentry programming increased law available to all enforcement verification offenders of level II and level III offenders. WEST VIRGINIA No changes were No change specified WISCONSIN No change Mandatory GPS monitoring in the community for certain sex offenders is scheduled to take effect in the near future; day-to-day instruction available to probation and parole agents to incorporate new legislation due to having no written materials available; elimination of Sex Offenders Treatment Deniers program; only one opportunity to participate in treatment due to available bed space; and allowed minimum custody on a more limited basis WYOMING No change Implemented a sex offender risk assessment tool and contracted for sex offender treatment CANADIAN SYSTEMS NOVA SCOTIA No change No change ONTARIO Risk assessments must be Risk assessment reported in presentence supervision of offenders reports for the court. in the community is reported.
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|Title Annotation:||Survey Summary|
|Date:||Mar 1, 2008|
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