Psychiatric Gating of Sexual Offenders Under Ontario's Mental Health Act: Illegality, Charter Conflicts & Abuse of Process

2005 Canada:

Abstract:
The paper examines psychiatric gating in Canada - i.e. the practice of certifying offenders for involuntary admission into a psychiatric hospital under civil mental health legislation on their impending release from a correctional facility.

The author first argues that the psychiatric gating of sexual offenders does not com- port with the legal requisites or philosophical objectives of civil commitment under Ontario's Mental Health Act. Second, the author argues that psychiatric gating is fraught with possible violations of ss. 7 & 12 of the Charter and constitutes an abuse of process because the practice in effect achieves the same indeterminate detention as designation under the dangerous offender provisions of the Criminal Code without the procedural and substantive safeguards that the courts have deemed necessary for the indeterminate sentences to survive Charter scrutiny.

In making out the arguments the author engages in a detailed discussion of the civil commitment provisions in Ontario with reference to the parallel provisions in other provinces, and explores the limited Canadian jurisprudence on psychiatric gating. ..Source.. by Jose A Hannah-Suarez, Government of Ontario

Wyoming Recidivism Rates

Click for the full report

New York State Registry Recidivism Rates

Note Source: Research Bulletin:
Sex Offender Populations, Recidivism and Actuarial Assessment pg-3
by NYS Division of Probation and Correctional Alternatives

---

WOW, this is interesting.
In this report before the entire NYS Senate,
look how these lawmakers presented the above statistic:

Notice what they left out, actual same crime recidivism. Now what did they say in this report before other lawmakers? Read below from pg-5 of this report.

Recidivism Among Sex Offenders:
One of the primary reasons that these restrictions are in place is to limit a sex offender’s interaction with children. The alarmingly high recidivism rate among sex offenders makes it imperative that they be watched – especially those convicted of preying on children. The New York State Division of Probation and Correctional Alternatives reported in 2007 that of 19,837 sex offenders on the sex offense registry, 15 % were rearrested within one year of registration, 24% within two years, 41% within five years and 48% within eight years.

By limiting their access to schools, and other locations where children may congregate, including day care and other locations the State can also limit sex offenders’ access to children, thereby protecting the most vulnerable members of society. Because the intent of SORA and these residency restriction requirements was to protect all children and victims of sexual predators, not just those attending programs tied to a grade school, we must act to close this loophole as well as many others that have been identified.

Did they lie? Nope, did they mislead other lawmakers? Yes, no doubt!
Worse yet, there is no definition of recidivism in either of these reports. Does it mean, rearrest, reconviction, return to prison and does it include TECHNICAL violations which are not new crimes; folks on parole or probation can be arrested for technical violations.

Finally, nowhere in either report is there a single mention of WHERE the RECIDIVISM occurred, or whether where it occurred had anything to do with the place/s this law is trying to protect?

If the recidivism occurred somewhere not related to area of the place/s the law is trying to protect, then this is a misuse of known recidivism rates and such rates will not be affected (a waste of taxpayer money and resources) and no one be will protected. Think about it...

---

Wyoming Sex Offender Recidivism Rates

Average 4.4% Over 5yr Followup

Family Violence Statistics: Including Statistics on Strangers and Acquaintances

June 2005 NCJ 207846:

Compares family and nonfamily violence statistics from victimization through the different stages of the justice system. Family violence is defined as all types of violent crime committed by an offender who is related to the victim and includes spouse abuse, parental violence against a child, and violence among other family members.

Nonfamily relationships used for comparison include boyfriends and girlfriends, friends and acquaintances, and strangers. Data are drawn from victimization surveys, official police statistics, State and Federal court statistics, and surveys of inmates in State prisons and local jails.

Highlights:

• Family violence accounted for 11% of all reported and unreported violence between 1998 and 2002.
• About 22% of murders in 2002 were family murders.
• Of the nearly 500,000 men and women in State prisons for a violent crime in 1997, 15% were there for a violent crime against a family member.

..Source.. by Matthew R. Durose, Caroline Wolf Harlow, Ph.D., Patrick A. Langan, Ph.D., Mark Motivans, Ph.D., Ramona R. Rantala, Erica L. Schmitt

---

Recidivism Rates of Sexual Offenders up to 7 Years Later Does Treatment Matter?

2005 New Jersey:

Abstract
This article critically reviews the evidence on sex offender treatment and subsequently provides new estimates on short-term recidivism among sexual offenders released from prison in New Jersey.

The sample of male sex offenders is drawn from the Adult Diagnostic Treatment Center (ADTC), New Jersey’s only sex-offender-specific prison, and the general population of nine prisons within the state of New Jersey.

The ADTC sample receives treatment while incarcerated (n = 495), whereas no treatment is provided to the offenders in the general population sample (n = 223). Overall, 33% of the total sample (N = 718) commits a new offense. Of the total sample, 14% commits a new sexual offense and 24% commits a new nonsexual offense.

Significant differences exist between the ADTC and the general population samples with respect to nonsexual reoffending only. In the final analysis, treatment appears to matter in terms of a reduction in recidivism but not in conventionally expected ways. ..Source.. by Kristen M. Zgoba1 and Leonore M. J. Simon

Residential Clustering of Registered Sex Offenders

2005 Arizona:

A Study of Sex Offender Clustering in Phoenix, Arizona

In September 2005, Phoenix City Council, through the Phoenix Police Department, contracted with ASU's Center for Violence Prevention and Community Safety to conduct a multidimensional study examining potential problems associated with the clustering of sex offenders. The study involves examining four dimensions of sex offender clustering: 1) the nature and impact in time and space of sex offender clustering; 2) the offense patterns and trajectories of sex-offenders; 3) the social and psychological impact of sex offender clustering on neighborhood-residents, and 4) the impact of sex offender clusters on constituent sex offenders. ...Actual Studies... by Research Staff: Charles M. Katz, Ph.D. -and- Todd Armstrong -and- Vince Webb

Testosterone, Sexual Offense Recidivism, and Treatment Effect Among Adult Male Sex Offenders

April 2005:

Abstract:
The relationship between serum testosterone and sexual violence was examined in a sample of 501 convicted adult male sex offenders attending an intensive in-hospital group psychotherapy treatment program. It was found that men with higher testosterone tended to have committed the most invasive sexual crimes (p < .001, two-tailed). Further, a positive partial correlation (controlling for age) between testosterone and sexual offense recidivism over a lengthy follow-up period (mean = 8.9 years) was found. When the sample was separated into one group that completed treatment and one group that did not, an important ameliorating treatment effect was observed. Although controlling for age, serum testosterone remained significantly predictive of sexual recidivism for the treatment noncompleter group (p < .05, two-tailed). For those who completed treatment testosterone was no longer predictive of sexual reoffense (p > .05, two-tailed). Among convicted sex offenders, higher serum testosterone appears to be associated with greater likelihood of further sexual violence.

Effective therapy, however, appears able to intercede in the influence of testosterone on sexually deviant behavior. It is suggested that serum testosterone may be an informative static risk factor and completion of intensive treatment should be accorded significance in future actuarially based risk prediction instruments. ..Source.. by Lea H. Studer and A. Scott Aylwin and John R. Reddon (doi: 10.1177/107906320501700207 Sex Abuse April 2005 vol. 17 no. 2 171-181 )

---

See Also Testosterone in Women: Menopause, Female Hormones, and Sexuality

"Testosterone. Testosterone, which is primarily thought of as a male hormone, is also made by, and is important to, women. A woman's ovaries naturally produce testosterone, which is used to help make estrogen. Some studies have shown that higher levels of testosterone are associated with increased sexual desire and sexual behavior in women. And since testosterone levels tend to naturally decline in women after menopause, some researchers believe that low testosterone levels may contribute to the reduction of arousal and sexual response that often occurs in older women."

...

Child traffic fatalities increase on Halloween

2005:

On Halloween night, pedestrian fatalities involving children are about 4.5 times the levels of other nights of the year, say researchers at the U-M Transportation Research Institute (UMTRI).

"This increase does not occur in daylight periods and it is primarily restricted to children 15 and under," says John Sullivan, UMTRI assistant research scientist. "This is a consequence of the special vulnerability of pedestrians at night, along with the greater than usual numbers of children out on Halloween, increasing the opportunity for an accident."

The accident data for Halloween were compiled from the National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System dataset, using statistics on pedestrian fatalities from 1987-2004. The data included the number of young pedestrian fatalities (age 15 and younger) in dark and light conditions for three days before and after Oct. 31 and those occurring on Halloween.

Compared to the approximately 3,000 annual pedestrian fatalities in darkness, the increase in Halloween deaths is relatively small, amounting to about three additional deaths per year. It illustrates, however, the more general point that darkness is extremely dangerous for pedestrians of any age and on any night of the year, the researchers say.

"Our recommendation for Halloween is that children dress in light-colored clothes, which improves their visibility to drivers," Sullivan says. "We also strongly recommend using retro-reflective marking on clothes and shoes. Retro-reflectors bounce light from headlamps back in the direction of oncoming cars and they are amazingly effective."

The results for Halloween emerged from a comprehensive series of data analyses that Sullivan and UMTRI colleague Michael Flannagan, a research associate professor, conducted on how light level affects accident risk. They examined how pedestrian risk is affected by the seasonal changes in light from June to December and the abrupt transitions in light versus time of day that occur at the beginning and end of daylight saving time in the spring and fall.

Their analyses have allowed Sullivan and Flannagan to measure how safety at night is affected by light itself, separately from other factors that make driving at night more dangerous, such as fatigue and alcohol. Their research is helping to determine the best ways to improve automobile headlamps.

Sullivan and Flannagan say that drivers have difficulty seeing pedestrians in the dark and often appear to have insufficient time to avoid striking them. This is especially a problem when driving at higher speeds, where drivers' stopping distance exceeds the limits of their headlamp beams.

Darkness and speed, they say, combine to multiply the risk of a pedestrian fatality seven times on high-speed, limited-access roadways; five times on urban side streets; and three times on slower local roads.

Their research has been sponsored by grants from NHTSA and the transportation industry through the UMTRI Industry Affiliation Program for Human Factors in Transportation Safety. ..Source.. by Bernie DeGroat
News Service

WA- SEX OFFENDER SENTENCING IN WASHINGTON STATE: HAS COMMUNITY NOTIFICATION REDUCED RECIDIVISM?

December 2005:

SUMMARY
This report examines the relationship between recidivism and Washington’s passage of sex offender registration and community notification statutes.

Have these policies reduced the recidivism rates of sex offenders?

We tracked 8,359 sex offenders released from Washington prisons before passage of the statutes (1986–1989), after passage of the 1990 law (1990–1996), and after passage of the amendments in 1997.

Statistical techniques are used to determine the effect of the law by controlling for observed differences in offenders. Recidivism is defined as a conviction in Washington State for an offense committed during the five-year period after the offender leaves prison.

Three types of recidivism are measured: (1) any new felony conviction, (2) any new violent felony conviction, and (3) any new felony sex conviction.

Findings

• Felony recidivism rates remained the same before and after enactment of the statutes.

• The violent felony recidivism rate of sex offenders released after the 1997 amendments is 2 percentage points below the pre-1990 rate— equivalent to a 20 percent reduction in violent felony recidivism.

• The felony sex recidivism rate for post-1997 offenders is 5 percentage points below the pre-1990 rate— equivalent to a 70 percent reduction in felony sex recidivism.

Violent and sexual felony recidivism by sex offenders in Washington has decreased since passage of the 1997 statute. The causal link to notification laws is not proven by this research. Other conditions may be contributing to this reduction, such as the national and state drop in crime rates and the state’s increased incarceration (incapacitation) of sex offenders.

However, the drop in recidivism rates by sex offenders is clear, and the influence of community notification laws cannot be ruled out.


Introduction:
The 2004 Legislature directed the Washington State Institute for Public Policy (Institute) to evaluate the effectiveness of sex offender sentencing policies in Washington State.1

A previous report covered recidivism rates of sex offenders in Washington State.2 This report examines the influence of sex offender registration and community notification statutes on recidivism.

The 1990 Community Protection Act and subsequent amendments to the law require sex offenders to register with the sheriff in their county of residence.3 The Act authorizes law enforcement to release information to the public regarding dangerous sex offenders (“community notification”).4

Decision-making by government officials related to community notification has evolved over time. In the early 1990s, a multi-disciplinary committee in the Department of Corrections (DOC), the End of Sentence Review Committee (ESRC), issued three types of notifications to law enforcement: Special Bulletins (highest risk), Law Enforcement Alerts, and Teletype.5

In 1997, the notification law was significantly modified to establish a more consistent statewide approach; the ESRC was directed to set the offender’s risk level (I, II, or III).6 Local law enforcement is allowed to modify the level of sex offenders living in their jurisdictions. The Washington Association of Sheriffs and Police Chiefs created model policy for release of information.7 This study examines recidivism rates of sex offenders during three periods: before passage of the 1990 Community Protection Act, after 1990 but before passage of the 1997 legislation, and after the 1997 amendments.

Measuring recidivism requires a five-year period of time in the community (and one additional year for processing in the courts). As a result, only offenders released from prison before October 1999 are included in the analyses.8 We measure three types of recidivism: a conviction in Washington State for (1) any new felony offense, (2) any new violent felony offense, and (3) any new felony sex offense.9 This follows legislative definition of recidivism.10

For the remainder of this study: by Washington State Institute for Public Policy

WA- Sex Offender Sentencing in Washington State: Recidivism Rates

August 2005:

SUMMARY
This report describes the recidivism rates of Washington State sex offenders.

Findings

• Compared with the full population of felony offenders, sex offenders have the lowest recidivism rates for felony offenses (13 percent) and violent felony offenses (6.7 percent) but the highest recidivism rates for felony sex offenses (2.7 percent).

• Sex offenders who victimize children have the lowest felony recidivism rates as well as the lowest sex (2.3 percent) and violent felony (5.7 percent) recidivism rates. Rapists have the highest sex (3.9 percent) and violent felony (9.5 percent) recidivism rates. Some select populations of sex offenders in the state have been found to have much higher recidivism rates.3

• Sex offenders who complete SSOSA,4 an outpatient treatment sentence, have the lowest recidivism rates in all categories. In contrast, sex offenders sentenced to prison have the highest rates. Those sentenced to jail or community supervision have rates similar to, but slightly below, the recidivism rates of those sentenced to prison.

The relatively low “base rate” of recidivism makes it challenging to predict reoffending. Subsequent reports will cover this topic in detail.



Introduction:
The 2004 Legislature directed the Washington State Institute for Public Policy to analyze the impact and effectiveness of current sex offender sentencing policies.1 Because the topic is extensive, we are publishing a series of reports.

This report describes the recidivism rates of Washington State sex offenders. It examines the 4,091 sex offenders placed in the community from 1994 to 1998 after release from prison or jail or a community supervision sentence. Typically, news articles report sex offender recidivism with one number. This study examines recidivism from multiple perspectives, looking at the type of sex offender (child victim, rapist, sex offender with priors) and the categories of crimes after release (sex, violent, non-violent, misdemeanor).

This study defines recidivism as a conviction occurring during the first five years after release to the community. In addition, the time between the date of a recidivism offense and the conviction for that offense—the adjudication period—is taken into account. Our previous work indicates that a one-year adjudication period captures nearly all convictions.2

For the remainder of this study: by Washington State Institute for Public Policy

Suicide and Homicide in State Prisons and Local Jails

August 2005, NCJ 210036

Data from new Bureau of Justice Statistics (BJS) data collections offer the first opportunity to analyze the personal characteristics, current offenses, and environmental factors surrounding inmate deaths in local jails and State prisons nationwide.

To implement the Death in Custody Reporting Act of 2000 (PL 106-297), BJS began collecting inmate death records from all local jails in 2000 and expanded reporting to include State prisons in 2001. In this first report from the Deaths in Custody Reporting Program, data from 2000 to 2002 highlight inmate and facility characteristics related to high risks of suicide and homicide.

Jail suicide rates declined steadily from 129 per 100,000 inmates in 1983 to 47 per 100,000 in 2002. In 1983 suicide accounted for the majority of jail deaths (56%), but by 2002, the most common cause of jail deaths was natural causes (including AIDS) (52%), well ahead of suicides (32%). Suicide rates in State prison fell from 34 per 100,000 in 1980 to 16 per 100,000 in 1990, and have since stabilized.

State prison homicide rates dipped sharply from 1980 (54 per 100,000) to 1990 (8 per 100,000). By 2002 prison homicide rates had declined further, down to 4 per 100,000. Homicide rates in local jails were more stable, declining slightly from 5 per 100,000 in 1983 to 3 per 100,000 in 2002.

For the remainder of this report: by Christopher J. Mumola, BJS Policy Analyst

---

Collateral Consequences of Sex Offender Registration

2005:

Abstract:

Sex offender registrationwas widely implemented in the 1990s as a means of enhancingcommunity awareness of sex offenders to promote community safety. This study is one of the first examinations of the collateral consequences of sex offender registration from the perspective of the offender. Drawing on data from 121 registered sex offenders in Kentucky, this research shows that social stigmatization, loss of relationships, employment, and housing, and both verbal and physical assaults are experienced by a significant minority of registered sex offenders.

This paper is available from: by Richard Tewksbury, University of Louisville

eAdvocate note:

1) The sample (121 RSOs from the Kentucky registry) is the exact same sample used in Tewksbury's "Sex Offender Registries as a Tool for Public Safety: Views from Registered Offenders" as verified by Table-1 of both studies;

2) Reviewing this study was interesting but there were two charts which caught my eye, they follow:

---

The Effect of Megan’s Law on Sex Offender Reintegration

2005:

Abstract:
The purpose of this study is to better understand the positive and negative, intended and unintended, consequences of community notification on sex offenders’ rehabilitation and reintegration. A sample of 183 convicted male sex offenders from Florida completed the survey. Overall, about one third of participants had experienced dire events, such as the loss of a job or home, threats or harassment, or property damage. Physical assaultwas a relatively rare occurrence. The majority identified negative effects, such as stress, isolation, loss of relationships, fear, shame, embarrassment, and hopelessness. Some participants noted positive effects of Megan’s Law, including motivation to prevent reoffense and increased honesty with friends and family. Few sex offenders believed that communities are safer because of Megan’s Law, and more than half reported that the information posted about them on Florida’s Internet registry was incorrect. Implications for practice and policy are discussed.

..Source.. by Jill S. Levenson, Lynn University and Leo P. Cotter, The S.H.A.R.E. Program

Levenson, J.S. & Cotter, L.P. (2005). The impact of Megan’s Law on sex offender reintegration. Journal of Contemporary Criminal Justice. 21(1), 49-66.

The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?

December 2005 Florida:

Abstract:
Several states have enacted public policies that prohibit sex offenders who have abused children from living within close proximity to a school, park, day care center, or school bus stop. The purpose of this exploratory study was to describe the impact of residence restrictions on sex offender reintegration and to better understand sex offenders’perceptions of these laws. A survey of 135 sex offenders in Florida was conducted. Most of the molesters who responded to the survey 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, in fact, reported that such restrictions may inadvertently increase triggers for reoffense. Implications for policy and practice are discussed. ..more.. : by Jill S. Levenson and Leo P. Cotter

Levenson, J.S. & Cotter, L.P. (2005). The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd? International Journal of Offender Therapy and Comparative Criminology, 49(2), 168-168.

Sex offender residence restrictions: A REPORT TO THE FLORIDA LEGISLATURE

October 2005 Florida:

Sexual violence is a serious social problem and policy-makers continue to wrestle with how to best address the public’s concerns about sex offenders. Recent initiatives have included social policies that are designed to prevent sexual abuse by restricting where convicted sex offenders can live. As these social policies become more popular, lawmakers and citizens should question whether such policies are evidence-based in their development and implementation, and whether such policies are cost-efficient and effective in reaching their stated goals. ..more.. : by Jill S. Levenson, Ph.D.

TX- Treatment of Sex Offenders - Effectiveness of Treatment

2005 Texas (Fact Sheet):

Incarceration in a penal institution does not deter repeat sexually violent predators or the proliferation of sexual violence. Decades of research across a broad spectrum of issues show that punishment merely suppresses deviant behavior and does not eradicate it (Cole, Cory, McKenzie, and Meyer, 1997). With this in mind, over the past 30 years an enormous amount of research has shown relevant information regarding the assessment, treatment, and containment of sex offenders, which in turn has enhanced public safety. There have been considerable advances in our knowledge about the characteristics of effective treatment programs (Bonta, 2001). The purpose of treatment is to modify both cognitive distortions and deviant sexual behavior to reduce the risk of re-offending. Research and clinical reports have begun to demonstrate that a number of treatment methods are effective in modifying some forms of sexual deviance. The following are studies that show the effectiveness of treatment:

--In a 2004 study of 31,216 sex offenders, Hanson observed on average that the sexual recidivism rate was 13%, violent non-sexual recidivism at 14%, and general recidivism at 36.9%

--In 2000 Hanson found that the overall effect of treatment demonstrated reductions in both sexual recidivism (10% of the treated subjects to 17% of untreated) and general recidivism (32% for treated subjects to 51% of untreated subjects).

--In the December 2002 publication of Psychiatry News, an article titled “Sex Offender Recidivism Rates Below Expectations: A 15 Year Prospective Study” concluded that more than eighty percent (80%) of sex offenders who have undergone treatment do not re-offend within fifteen (15) years. The study of 626 individuals was reported at the American Academy of Psychiatry and Law. The study found that sex offenders who were compliant with treatment were less likely to re-offend. Approximately forty percent (40%) of these individuals received anti-androgenic drugs in order to lessen their sex drive.

--Child molesters who participated in a cognitive behavioral treatment program had fewer sexual re-arrests than the sex offenders who did not receive any treatment (13.2% vs. 57.1%, respectively). Both groups were followed for 11 years. The recidivism data was obtained by official sources and self-reports. Treated exhibitionist were reconvicted or charged with a sexual offense less than the untreated exhibitionist (23.6% v. 57.1%, respectively) (Lane, Council, 2003).

--Recidivism rates for sex offenders do decrease with proper treatment. A meta-analytic study showed that treated sex offenders recidivated at a rate of 19% (Hall, 1995).

--Treated offenders are more likely to make emotional and psychological restitution for the offender's deviant behavior and be available to contribute to the victim's treatment process.

--When treatment programs are compared with criminal justice sanctions, the findings show treatment is more likely to reduce recidivism. Even detailed analyses of types of sanctions show no one particular sanction as significantly effective in reducing recidivism. If we are to enhance community safety, offender rehabilitation programs that follow the principles of effective treatment are most likely to meet with success (Bonta, 1997-2001).

For remainder of Fact Sheet: by Council on Sex Offender Treatment