1. Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families, and Advance Personal and Family Recovery and Resiliency. Rick Scott, Governor Esther Jacobo, Interim Secretary The following document presents preliminary data concerning recidivism rates of sex offenders civilly committed or reviewed for civil commitment under chapter 394, part V, Florida Statutes, and later released. No part of this study has been published, submitted for publication, or in any way peer reviewed by qualified clinicians or researchers as to its methodology, conclusions, or interpretations. The Department does not consider the statistical data presented in this document to provide a basis for guiding clinical judgment in sex offender risk assessments, and does not support applying this data in such manner.

2. Groups of recommended offenders later released Offenders released from prison (most without a petition filed or with petition dropped before a probable cause finding by the court). (“prison releases”) Offenders released from FCCC while still detainees (never committed). Petitions dropped after probable cause finding but before trial, or the inmate was not committed at trial. (“detainees”) Offenders released as no longer meeting commitment criteria (including those reaching Phase IV and determined to have achieved Maximum Therapeutic Benefit). (NLM or “no longer meets”) Offenders released as detainees on Settlement (or stipulation) Agreements (conditional release). (S/A or “settlement agreements”) 2

3. Involuntary Civil Commitment of Sexually Violent Predator Act Sexually Violent Predator (statutory definition): Convicted of at least one sexually violent offense Suffers from a mental abnormality or personality disorder The abnormality makes the person likely to engage in sexual violence. The person is likely if not confined. 3

4. Release Times Offenders released from commitment (NLM) have not been released nearly as long as other groups. They are also the oldest at release and have the lowest average Static score. Proportionally, prison releases have been out the longest, were the youngest at release, and have the highest average score. 27% NLM have been released over 5 years (51% for 3 or less yrs.) Average Age = 49.7. Average 99R score = 4.5 45% settlement agreements out 5+ yrs. (21% for 3 or less years) Average Age = 46.3. Avg. 99R score = 5.0 66% detainees out 5+ yrs. (17% for 3 or less years) Average Age = 45.4. Avg. 99R score = 5.1 86% prison releases out 5+ yrs. (7% for 3 or less years) Average Age = 42. Avg. 99R score = 5.3 4

5. Comparison of released offenders Felony Sex Offense Conviction: FSC Any Felony Charge, sexually motivated offense (include conviction): FCh Any Sex Charge (w / victim): ASC Age = Average Age at Release (e.g. for detainees: release from FCCC) Average Static-99R scores computed from original Static-99 scores NLM = 100; IV = 39; S/A = 161; Detainee = 366; Prison = 83 NLM IV S/A Detainee Prison FSC: 3% 0.0% 3.1% 6.6% 10.8% FCh: 4% 2.6% 6.8% 8.7% 15.7% ASC: 7% 5.1% 6.8% 10.7% 16.9% 99R: 4.5 4.9 5.0 5.1 5.3 Age: 49.7 48.4 46.3 45.4 42.0 Max Benefit: Avg. 99R = 4.4; Avg. Age = 48.2; FC/ASC = 12.5% NLM: 27% released 5+ yrs. IV: 28% S/A: 45% Det.: 66% Pris.: 86% 5

6. Individuals never released by the referring agency (e.g. NGI, PPRD, Florida DC due to loss of gain time or new offense) Individuals who upon release were confined elsewhere –DJJ to DC –DC to jail and back to DC (e.g., pseudo-recidivism) –DC/DJJ/NGI to FCCC –DC/FCCC to federal prison/ out of the country or out of state prison and unable to determine release date Deported or Deceased at time of release from DC or FCCC One female Sample (excluded) 6

7. All males (The one female was excluded) 710 individuals –Average Age at time of release=45.8 years Range 18-93 Median age= 45.6 Sample 7

8. Other demographics: –Race 60% White 39% Black 1% Hispanic*.1% Asian/Pacific Islander *Might be an underestimate based on the coding of race Sample 8

9. Source Information To determine if an individual was released or had a new sex offense, information was gathered from the following sources: Florida Department of Corrections website Department of Corrections in other states, as appropriate Clerk of Courts Information System Sex Offender Registries - federal and state Internet SVPP records 9

10. Results 71 reoffenses consisted of: 32 Felony Sex Offense Convictions 9 Felony Sexually Motivated Convictions 5 Misdemeanor Convictions 19 Felony Charges (i.e., pending, acquitted, nolle prossed) 6Misdemeanor Charges 10

11. Groups The sample of recommended offenders who were released was divided into four groups: 10+ years (release dates more than 10 years prior to date of review) n=170 5+ to 10 years (release dates from over 5 up to 10 years prior to review) n=251 3+ to 5 years (release dates from over 3 up to 5 years prior to review) n=134 0 to 3 years (release dates from 2/28/13 and up to 3 years prior to review) n=155 11

12. Sexual Reoffenses by Group Sexual Reoffenses by Group ALL REOFFENSES (charges and convictions) Groupn=F SO CN F SM CN MM CN F Charge MM Charge TotalRecidivism Rate 0-3155 20130 6 4% 3-5134 201831410% 5-102511742523012% 10+1701151312112% TOTAL71032951967110% 12

13. Reoffenses by Group Reoffenses by Group CONVICTIONS ONLY Groupn=F SO CNF SM CNMM CN TotalRecidivism Rate 0-3155 201 3 2% 3-5134 201 3 2% 5-10251174223 9% 10+17011511710% TOTAL710329546 7% 13

14. Reoffenses by Group Reoffenses by Group FELONY CONVICTIONS ONLY Groupn=F SO CNF SM CNTotalRecidivism Rate 0-3155 20 2 1% 3-5134 20 2 2% 5-1025117421 8% 10+17011516 9% TOTAL71032941 6% 14

15. Comparison to Static 99/99R rates Static-99: Scores 6+ (n = 129): 39%; 45%; 52% (5,10,15 yrs.). Score 5 (n = 100): 33%; 38%; 40% (5,10,15 yrs.). Static-99R (High Risk/Need): Score 6: 31.2%; 41.9% (estimated rates; 5, 10 yrs.). Score 5: 25.2%; 35.5% (estimated rates; 5, 10 yrs.). Score 4: 20.1%; 29.6% (estimated rates; 5, 10 yrs.). 15

16. Static-99R Routine Group: Score 6: 14.7% (estimated rate for 5 years follow-up Score 5: 11.4% Preselected for Treatment Group: Score 6: 20.2%; 27.6% (5, 10 yrs.). Score 5: 15.9%; 22.6% Non-Routine Group: Score 6: 24.7%; 33.4% Score 5: 19.6%; 27.7% 16

17. Comparison of Recidivism Rates by Group Group 0-3 n=155 3-5 n=134 5-10 n=251 10+ n=170 Total Sample N=710 All Offenses 4%10%12% 10% All Convictions 2% 9%10% 7% Felony Convictions 1%2%8%9% 6% 17

18. Reoffenses by Age at Release (Total and Convictions) Age (at release) n=F SO CN F SM CN MM CN F Charge MM Charge TotalRecidivism Rate Total CN Recidivism Rate CN Only 18-29 75 30010 4 5%34% 30-391471341702517%1812% 40-492451154663213%208% 50-59149 50040 9 6%53% 60+ 94 00010 1 1%00% TOTAL 71032951967110%466% 18

19. Age at Release and Type of Reoffense (mean=45.8 years) 19

20. Main Categories of Offenses ContactRape Known Victim Stranger Victim Child Molestation Known Victim Stranger Victim Compliant Victim 20

21. Main Categories of Offenses Non-ContactExposure Child Pornography 21

22. Categories of Offenses 22

23. Categories of Offenses 23

24. Offenses with Child Victims –26 Individuals reoffended with children (37% of all reoffenses; 3.7% of recommended offenders) 18 were convicted (16 F CN and 2 MM CN) 5 were not convicted (Nolle Prossed, Acquitted, Dropped, No Info Filed) 3 of the reoffenses are Pending 24

25. Offenses with Child Victims, cont.. –Average Age (at time of offense) of individuals who reoffended with children = 44.6 Range = 22 to 63 Median = 45 25

26. Offenses with Child Victims, cont.. –Release Date: 0-3 = 2 (8%) 3-5 = 3 (16%) 5-10 = 13 (50%) 10+ = 8 (31%) –Contact Offenses: n=20 (77% of all offenses with child victims) –14 were Convicted –Non-Contact Offenses: n=6 (23% of all offenses with child victims) –4 were Convicted 26

27. Offenses with Child Victims, cont.. –Contact Offenses: 8 Offenses included penetration (11% of all reoffenses; 1.1% of recommended offenders) –0 Stranger Victims –0 Offenses with physical violence –3 Offenses with threat of physical violence –4 Offenses with coercion/intimidation –5 Offenses were convicted (1 NP, 1 Acquitted, 1 Pending) –Average Age of offender = 44.9 –Youngest victims were 6 year old male and 7 year old female 27

28. Offenses with Child Victims, cont.. –Contact Offenses: 12 Offenses included contact without penetration [i.e., fondling] (17% of all reoffenses; 1.6% of recommended offenders who were released) –4 Stranger Victims (0.6% of recommended offenders) –1 Offense included possible physical violence (this charge was No Info Filed) –0 Offenses with threat of physical violence –2 Offenses with restraint of victim –2 Offenses with coercion/intimidation –9 Offenses were convicted (1 Dropped, 1 No Info Filed, 1 Pending) –Average Age of offender = 47.5 –Youngest victim was 3 year old male 28

29. Offenses with Child Victims, cont.. –Non-Contact Offenses: 6 Offenses included no contact or intent for contact (8% of all reoffenses) –5 offenses were exposures –1 offense was stalking –4 Stranger Victims –0 Offenses included physical violence/threat of physical violence/restraint –1 Offense included coercion/intimidation –4 Offenses were convicted (1 NP, 1 Pending) –Average Age of offender = 35.8 (median 37) –Youngest victim was 5 year old female 29

30. Offenses with Adult Victims –40 Individuals reoffended with adults (56% of all reoffenses; 5.6% of recommended offenders who were released) 24 were convicted (22 F CN and 2 MM CN) 11 were not convicted (Nolle Prossed, Acquitted, Dropped, No Info Filed) 5 of the reoffenses are Pending 30

31. Offenses with Adult Victims, cont.. –Average Age (at time of offense) of individuals who reoffended with adults = 43.2 Range = 30 to 66 Median = 43 31

32. Offenses with Adult Victims, cont.. –Release Date: 0-3 = 4 (10%) 3-5 = 11 (28%) 5-10 = 12 (30%) 10+ = 13 (33%) –Contact Offenses: n=33 (83% of all offenses with adult victims; 4.6% of recommended offenders who were released) –22 were Convicted –Non-Contact Offenses: n=7 (17% of all offenses with child victims) –2 were Convicted 32

33. Offenses with Adult Victims, cont.. –Contact Offenses: 16 Offenses included rape or attempted rape of a stranger victim (23% of total reoffenses; 2.3% of recommended offenders) –12 Offenses with physical violence* –4 Offenses with threat of physical violence –13 Offenses were convicted (3 Pending) –Average Age of offender = 42 (median 41) –5 Offenses with teenage victims (age 15-17) *One offense included murder of victim 33

34. Offenses with Adult Victims, cont.. –Contact Offenses, cont..: 10 Offenses included rape or attempted rape of a known victim (14% of total reoffenses; 1.4% of recommended offenders) –4 Offenses were Domestic Violence (1 convicted) –9 Offenses with physical violence* –1 Offense with possible threat of physical violence and restraint –6 Offenses were convicted (2 Dropped, 1 NP, 1 Pending) –Average Age of offender = 42.2 (median 40) –2 Offenses with teenage victims (age 14 and 17) *One offense included murder of victim 34

35. Offenses with Adult Victims, cont.. –Contact Offenses, cont..: 7 Offenses were contact offenses without penetration(10% of total reoffenses) –3 Offenses involved stranger victims –2 Offenses with physical violence –3 Offenses were convicted (2 NP, 1 Dropped, 1 Pending) –Average Age of offender = 47 (median 48) –3 Offenses with teenage victims (age 15-16) 35

36. Offenses with Adult Victims, cont.. –Non-Contact Offenses: 7 Offenses included no contact or intent for contact (10% of all reoffenses) –6 offenses were exposures –1 offense was stalking –2 Stranger victims, 2 possible stranger victims –0 Offenses included physical violence/threat of physical violence/restraint/coercion/intimidation –2 Offenses were convicted (2 NP, 2 Acquitted, 1 Not Filed) –Average Age of offender = 42.8 (median 44) –1 Offense with teenage victim (age 14), and 3 offenses with possible teenage or adult victims (ages unknown) 36

37. Reoffenses by Type of Offense and Age at Release (charges and convictions) Age (at release) n=CONTACT OFFENSE RateRAPERateCONTACT OFFENSE AGAINST CHILD Rate 18-29 75 23% 2 0 0% 30-391472014%128% 53% 40-49245229%114%104% 50-59149 85% 11% 4 3% 60+ 94 11% 00% 0 TOTAL 710537%264%193% 37

38. Reoffenses by Type of Offense and Age at Release (convictions only) Age (at release) n=CONTACT OFFENSE RateRAPERateCONTACT OFFENSE AGAINST CHILD Rate 18-29 75 11%1 0 0% 30-391471510%107% 32% 40-49245167%83%7 50-59149 43%00% 4 3% 60+ 94 00%0 0 TOTAL 710365%193%142% 38

39. Rates for Contact Offenses and Non-Contact Offenses by Offender Age Age n=C.O. (all) RateC.O. (cn) RateN.C. (all)RateN.C. (cn)Rate 18-29 75 23% 11%1 1 30-39147 2014%1510%43%32% 40-49245 229%167%94%31% 50-59149 85% 43% 11%1 60+ 94 11% 00% 0 0 TOTAL710 537%365%152%81% 39 C.O. = Contact Offense N.C. = Non-Contact Offense

40. Rates for Rapes and Contact Offenses against Children by Offender Age Agen=Rape (all) RateRape (cn) RateC.O. Child (all) RateC.O. Child (cn) Rate 18-29 75 23%11% 0 0% 0 30-39147128%107% 53% 32% 40-49245114%83%104%73% 50-59149 11%00% 4 3% 4 60+ 94 00%0 0 0 TOTAL710264%193%193%142% 40 C.O. Child = Contact Offense against Child

41. Paraphilia NOS Paraphilia NOS (qualifiers not recorded; whole sample): 0-3 year group: 3/75 (4%) have a new rape charge 3+ - 5 year group: 2/73 (2.7%) have a new rape charge 5+ -10 year group: 7/122 (5.7%) have a new rape charge 10+ year group: 6/45 (13.3%) have a new rape charge Paraphilia NOS: 0-3 yr.: 5 / 75 (6.7%) have any new sex charge (sex motivation) 3+ - 5 yr.: 7 / 73 (9.6%) have any new charge (sex mot.) 5+ - 10 yr.: 18 / 122 (14.8%) have any new charge (sex mot.) 10+ yr.: 9 / 45 (20%) have any new charge (sex motivation) 10+ group: 2 offenders 50-59 with new rape charge 1 offender age 40-49 with new rape charge 0 offenders age 60 or more. [Others (3) in their 30s.] 41

42. Pedophilia Pedophilia (or Pedophilia + Paraphilia NOS) (whole sample): 0-3 year: 2/61 (3.3%) with new child contact charge 3+ - 5 year: 0/46 (0%) with new child contact charge 5+ - 10 year: 3/56 (5.4%) with new child contact charge 10+ year: 1/37 (2.7%) with new child contact charge Pedophilia: 0-3 yr.: 2/61 (3.3%) any new sex charge (sexual motivation) 3+ - 5 yr.: 3/46 (6.5%) any new charge (sex mot.) 5+ - 10 yr.: 5/56 (8.9%) any new charge (sex mot.) 10+ yr.: 3/37 (8.1%) any new charge (sex mot.) 42

43. Breakdown into Categories of Recommended Offenders Later Released Offenders Recommended but Released as FCCC detainees without commitment (no Settlement Agreement): N = 366 Offenders Recommended but Released from Prison: N = 83 (no commitment; never went to FCCC) 4 had Settlement Agreements but were included here. Offenders Recommended and Committed but later released as no longer meeting criteria: N = 100 Offenders Recommended but released per Settlement Agreements (from FCCC): N = 161 (Two S/A offenders are also No Longer Meets and included in that category only.) 43

44. Recommended Offenders Released Without Commitment 7.3% (total) obtained a new conviction related to a sexually motivated felony offense (33 / 449) 10% obtained a new charge for anything sexual (45 / 449) 5.3% of released FCCC detainees obtained a new conviction (24 / 366). 8.7% of detainees obtained a new felony charge (32 / 366) 10.7% of detainees obtained any new sex charge (39 / 366) [10+: 110; 5-10: 130; 3-5: 62; 0-3: 64.] 10.8% of recommended offenders released from prison obtained a new conviction for a sexually motivated felony (9 / 83) 15.7% have a new felony charge (13 / 83) 16.9% have any new sex charge (14 / 83) [10+: 37; 5-10: 34; 3-5: 6; 0-3: 6. Only 12 have been out 5 years or less 44

45. Paraphilia NOS vs. Pedophilia in Never Committed Offenders Paraphilia NOS (with or without Sexual Sadism) 202 Never Committed offenders with Paraphilia NOS and/or Sexual Sadism (196 NOS; 6 Sexual Sadism only.) Rates of New Charges for Rape related offenses: 10+ year group: 3.4% with at least a new charge for a rape related offense (5 / 147) 4.8% any sex charge. 5+ - 10 year group: 3.0% (5 / 164) 9.8% any sex charge. 3+ - 5 year group: 2.9% (2 / 68) 5.9% any sex charge. 0 – 3 year group: 0% 2.9% any charge (2 / 70) 45

46. Pedophilia in Never Committed Offenders 119 never committed offenders have a Pedophilia diagnosis (with or without Paraphilia NOS too). 10+ year group: 2.9% have a new charge related to child molestation (1 / 34). 8.8% have any charge (3 / 34) 5+ - 10 group: 2.6% new child molestation charge (1/38) 5.3% have any sex charge (2 / 38) 3+ - 5 group: 0% with new molestation charge 11% have any new sex charge (2 / 18) 0 – 3 group: 6.9% with new molestation charge or any new sex charge (2 / 29) 46

47. Committed Offenders Released as No Longer Meeting Criteria 100 offenders released from commitment status as no longer meeting criteria. (Two have Settlement Agreements.) 3% have a new felony conviction related to a sexually motivated offense (3/100) 4% have at least a new felony charge related to a sexually motivated felony (4/100) 7% have any new sex charge (w / victim) (7/100) 47

48. Time since release Offenders released from commitment (NLM) have not been released as long as offenders with settlement agreements, released detainees, or offenders released from prison. Their percentages might rise somewhat by the time they match the release periods of the other groups. Proportionally, prison releases have been out the longest 27% NLM have been released over 5 years (51% for 3 or less yrs.) 45% settlement agreements (21% for 3 or less years) 66% detainees (17% for 3 or less years) 86% prison releases (7% for 3 or less years) NLM Settlement Agree. Detainees Prison 10+: 7 16 110 37 5-10: 20 67 130 34 3-5: 22 44 62 6 0-3: 51 34 64 6 48

49. No Longer Meets Releases 10+ group: 0% felony sex convictions (0 / 0) 5+ - 10 group: 5% felony sex convictions (1 / 20) 3+ - 5 group: 4.5% felony sex convictions (1 / 22) 0 – 3 group: 2% felony sex convictions (1 / 51) 49

50. Phase IV releases Phase IV releases: 2.6% with new felony charges (2 / 39) Phase IV (no max benefit): 0% (0 / 23) Phase IV Maximum Benefit: 12.5% (same 2 as above / 16) For the Max Benefit group: One offender with a misdemeanor battery charge pending (child contact). A second offender with a felony charge related to an alleged rape of known victim; domestic violence (nolle prossed) Phase IV group breakdown: 10+ group: 0 5+ - 10 group: 11 (Max. Benefit = 4) 3+ - 5 group: 19 (Max. Benefit = 13) 0 – 3 group: 9 (in our study) 4 on FCCC release list that we have yet to examine. (Max. Benefit = 6) 22.8% released more than 5 years 50

51. Settlement Agreements 3.1% of S/A offenders have a new felony sex offense conviction (5 / 161) [8 more were just found; no felony sex offense convictions. 3.0% if these are included. One of these was for child pornography possession. 6.8% have a new felony charge related to a sexually motivated offense (11 / 161) 6.8% have any new sex charge (w / victim) (11 / 161) S/A offenders with Paraphilia NOS: 5.3% have a new charge for a rape related offense (4 / 75) 9.3% have any new sex charge (7 / 75) S/A offenders with Pedophilia: 2.2% have a new child molestation charge (1 / 45) 2.2% have any new sex charge (1 / 45) 51

52. Static-99R & Age Entire sample: Average Age (710) = 45.8 (Median: 45.6) Range: 18-93 Avg. Age for Reoffenders (71) = 41.6 (Median: 42.1) Avg. Age for the others (396) = 46.3 (Median: 46.2) Average Static-99R (415) = 5.1 (Median: 5.0) Avg. 99R for Reoffenders (51) = 5.7 (Median: 6.0) Avg. 99R for others (364) = 5.0 (Median: 5.0) 52