Learning with Purpose Sex Offender Policy and Practice in the United States Andrew J. Harris University of Massachusetts Lowell

Learning with Purpose Comparing Approaches

Learning with Purpose Responses to Sexual Offending Some Common Distinctions

Learning with Purpose Sex offender management in U.S.

Learning with Purpose U.S. Intergovernmental Political Structure Multi-Layered Criminal Justice System U.S. Constitution State Constitutions State and Local Laws Federal Laws

Learning with Purpose Which of the following most closely reflects your belief about sex crimes in the United States?

Learning with Purpose Declining Rates of Sexual Violence & Abuse (Finkelhor & Jones, 2012)

Learning with Purpose Some university research studies have concluded that sex offender registration & notification laws have few or no measurable public safety benefits. How, if at all, would such research findings affect your views on sex offender registration and notification policies?

Learning with Purpose Responding to Sexual Violence & Abuse Epidemiological Framework Most sex offender management policies and practices 1.Institution-based 2.Community-based

Learning with Purpose Sex offender management in U.S. Institution-based Strategies

Learning with Purpose SEXUAL PREDATOR CIVIL COMMITMENT Based on principles of public mental hygiene law Post-release confinement based on mental abnormality & dangerousness 21 states & federal Estimated 4,000 committed as of 2015

Learning with Purpose SEXUAL PREDATOR CIVIL COMMITMENT Inconsistent commitment standards Who is “high risk? Appropriate use of public mental health system? Constitutional treatment imperative Easy in, not so easy out=growing populations=growing costs Issues and Challenges

Learning with Purpose INCARCERATION

Learning with Purpose Incarceration Rate Per 100,000

Learning with Purpose

What’s going on?

Learning with Purpose GETTING TOUGHER…………….. Longer mandatory sentences & sentencing guidelines Truth in sentencing Reduction or elimination of discretionary parole & “good time” credits” Prohibitions & restrictions on plea bargains BOTTOM LINE Reduced discretion for judges, prosecutors, and parole boards

Learning with Purpose First Prison Releases - Median Months Served (Source: NCRP) % change Rape447570% Other Sexual Assault253852% All Offenses121633% All Violent Offenses232926% STAYING LONGER…………………..

Learning with Purpose A GROWING POPULATION………..

Learning with Purpose Estimated # w/ sexual offenses % of population State prisoners161, % Federal prisoners13,5006.9% Civilly Committed SVP3,000-4,000n/a Prison releases (annual)22,0005% Parole supervision85,00010% Probation supervision117,0003% Sexual offenders under institutional & formal community supervision

Learning with Purpose Thinking about community-based sex offender management, reentry, and social integration

Learning with Purpose Sex Offender Community Reentry Varied Stakeholder Interests Agencies & Institutions Community members Person re-entering society Protection from harm Sense of safety Sense of justice Economic needs Social needs Service needs Mission fulfillment (public safety) Efficient use of (limited) resources

Learning with Purpose 1.What works to ensure safe and effective community re-entry of those with sex offense histories? 2.How do we balance the rights and needs of the individual with the needs of citizens to both be safe and feel safe? Some Questions for You

Learning with Purpose Sex Offender Management in the U.S. Community-Based Strategies

Learning with Purpose Sex Offender Reentry Multiple System and Individual Challenges Housing instability Employment challenges Diminished relationships and social supports Treatment needs Sex offender Mental health Substance abuse Supervision & monitoring needs

Learning with Purpose Identifying and Responding to Risk Interactive Risk Management Model Agencies & Institutions Community members Person re-entering society Risk management & mitigation Addressing reentry needs Facilitators and Intermediaries Public engagement and education Risk communication Social reintegration Accountability

Learning with Purpose Identifying and Responding to Risk (Dominant) Unidirectional Risk Management Model Agencies & Institutions Community members Person re-entering society Threat (Real or Perceived) Laws & Policies Manage & Mitigate Risk Formal agents of community interests

Learning with Purpose SEX OFFENDERS IN U.S. COMMUNITIES

Learning with Purpose Washington Community Protection Act (1990) First Community Notification Law 1994 Megan’s Law (NJ) Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act

Learning with Purpose 1994 Megan’s Law (NJ) Jacob Wetterling Crimes Against Children Act

Learning with Purpose Adam Walsh Child Protection & Safety Act SORNA Jacob Wetterling Crimes Against Children Act Megan’s Law (1996) Pam Lychner Act (1996) Jacob Wetterling Improvements Act (1997) Protection of Children from Sexual Predators Act (1998) Campus Sex Crimes Prevention Act (2000) PROTECT Act (2003) A GROWING FEDERAL ROLE

Learning with Purpose Some university research studies have concluded that sex offender registration & notification laws have few or no measurable public safety benefits. How, if at all, would such research findings affect your views on sex offender registration and notification policies?

Learning with Purpose 819K on nation’s sex offender registries Estimated 500K unique individuals living in community

Learning with Purpose Jessica’s Laws SEX OFFENDERS IN U.S. COMMUNITIES STATUTORY RESTRICTIONS Residence Employment Anti-Loitering (playgrounds, libraries) Internet & social media

Learning with Purpose Sex Offender Residence Restrictions

Learning with Purpose Geographic clustering of RSOs Compounded housing instability Shift to poorer, more remote areas RSOs going “off the grid” “Arms race” among neighboring jurisdictions Sex Offender Residence Restrictions Some unintended consequences

Learning with Purpose

Shifting Notions About Sexual Violence Expanded focus on institutional abuse Legal reforms related to human trafficking, emphasizing needs of victims Expansion of “Erin’s Laws” mandating K-12 sexual abuse prevention Statute of limitations reform Sex Offender Management & Policy Boards

Learning with Purpose

Learning with Purpose Department of Justice Initiatives Advancing Knowledge & Informing Practice SOTIPS Dynamic Risk Assessment Project Juvenile Risk Assessment Project Circles of Support & Accountability Comprehensive SORNA Evaluation Multiple Initiatives on: Campus sexual assault Combatting human trafficking

Learning with Purpose

Integrating the elements Offender sentencing and management Victim support Strengthening families Community dialogue Early Intervention Investigation & enforcement

Learning with Purpose Victim support Offender sentencing and management Early Intervention Strengthening families Investigation & enforcement Community engagement Community safety & well-being Integrating the elements

Learning with Purpose