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California Sex Offender Manage

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California Sex Offender Manage 1 PREFACE Sexual assault continues to bring tremendous and long-lasting suffering into the lives of its victims, and the communities in which they live. The mandate of the California Sex Offender Management Board (CASOMB) is to play a key role in reducing sexual victimization in our state, particularly that perpetrated by individuals who have already been identified as sexual offenders. Consequently, every effort of CASOMB must be informed by a clear perspective on the experiences of victims – viewed individually as well as collectively. California is an exceptional state. Its size, diversity, distribution of resources and variations in practices, make any assessment of public safety strategies a complex and expansive challenge. The legislation that created the CASOMB in statute acknowledged this reality by requiring the board to focus the first phase of our work, and thus this report, on current practice and existing research. When passing and signing AB 1015 (Chu) in 2006, California’s legislature and Governor wisely recognized that in order to truly, and effectively, improve sex offender accountability and management strategies it was necessary to understand the current state of practice. The safety of the public, victims and those who could be potentially victimized depends on the deployment of public safety strategies that are effective and achievable. By studying evidence-based sex offender management practices and gathering information with regard to what California is currently doing to either conform to evidence-based practice or to diverge from such practice, the CASOMB is taking a first major step toward its mandated goal: “…address any issues, concerns, and problems related to the community management of adult sex offenders...to achieve safer communities by reducing victimization.” The CASOMB, in preparing this Report, has been primarily interested in assembling the “currently available” information about sex offender management in California. The reader of this Report will, it can be assumed, share with its authors an awareness that there is much information that is desirable but not provided. It is not provided because it is not readily available at a statewide level. Noteworthy “gaps” in the ready availability of information needed to develop recommendations for improved policies and practices are pointed out throughout the document. The strengths, gaps, research recommendations and policy analysis included in this document should be considered an initial assessment of California’s practice – one of the first of its kind ever produced in this state. It should be noted that, as most readers of this Report are already aware, the reality of having so many jurisdictions, laws, systems, agencies and perspectives directly involved in the management of California’s sex offenders results in a very complex web of policies and practices that defy ready 2 simplification. It is precisely this complexity – at least in part – that has created the need for instituting a Sex Offender Management Board as a locus of cohesive information and integrated expertise. This report represents the CASOMB’s first step towards the board’s vision to decrease sexual victimization and increase community safety. BACKGROUND The CASOMB is a state Board functioning under California Penal Code 9000 and composed of seventeen members, fifteen of whom had been appointed at the time of this writing. Each member represents a constituency with a central role in the promotion of public safety and the management of California’s sex offenders. Each member brings a specific subject-matter expertise and experience that informs the agenda and work of the CASOMB. Since the first CASOMB meeting in July of 2007, members have worked with board staff to produce this assessment of California’s sex offender management practices. In accord with its mandate, however, the Board’s intent is not to rely solely on Member’s opinions but to develop broad, solid, information-based expertise with respect to best practices and effective policies. To that end, in the last seven months the CASOMB has conducted the following activities: • The Board took testimony from state policy makers, public safety officials and content experts at most of its monthly scheduled public meetings. • Board members solicited input, attended hearings, and polled constituents related to specific sex offender management practices. • The CASOMB held three public hearings in San Francisco, Bakersfield, and San Bernardino to solicit feedback from community members, local elected officials, victim service providers, law enforcement agencies, and supervision agencies such as probation and parole. • Board members worked in collaboration with the Criminal Justice Division (CJD) at Sacramento State (CSUS) to survey existing research and policy documents that would help define and establish which practices could be considered promising and evidence–based. It is additionally important to note that on November 7, 2006 California voters overwhelmingly approved Proposition 83, titled “The Sexual Predator Punishment and Control Act: Jessica’s Law” which made significant and sweeping changes to the sentencing, supervision and permitted residential locations of offenders convicted of 3 specified crimes. Proposition 83 also made substantial changes related to the screening and treatment of Sexually Violent Predators. The majority of the elements of Proposition 83, particularly those related to sentencing, have been codified and implemented without difficulty since its passage. What remains, however, are a few significant sections of the initiative which pose implementation and enforcement challenges that will likely require clarification from the courts or thorough legislation. The issues, questions and concerns raised to the CASOMB during its information collection process related to Proposition 83 have been identified in most sections of this report It is the hope of the CASOMB that by identifying these areas of challenge policymakers will have a framework to begin to address these issues and promote solutions. OVERVIEW OF THE SECTIONS OF THE REPORT There are many domains of sex offender management and, for effective functioning, each must interface productively with some or all of the other components of the total system. Although, for purposes of clarity and ease of understanding, each of the following sections is addressed somewhat separately, important interactions with other elements of the overall system will be regularly noted. SECTION One – Prevalence of Sexual Assault and Services for Victims SECTION Two - Numbers and Distribution of Offenders, SECTION Three – Sex Offender Recidivism, SECTION Four - Investigation and Prosecution,! SECTION Five - Housing, SECTION Six - Supervision, SECTION Seven - Treatment, SECTION Eight – Registration, Notification and Post-Superversion Management Section 1: PREVALENCE OF SEXUAL ASSAULT AND SERVICES FOR VICTIMS Data at a Glance: • One of six U.S. women and one of thirty-three U.S. men have been victims of a completed or attempted sexual assault. • Nine out of ten sexual assault victimizations involved a single offender with whom the victim had a prior relationship as a family member, intimate, or acquaintance • 67% of reported crimes to law enforcement were related to assaults against juveniles 4 • 77% percent of sexual assaults with juvenile victims occurred in a residence compared with 55% of adult victimizations. • It is estimated that persons with mental and/or developmental disabilities have 4 to 10 times higher risk of being crime victims In the studies of sexual assault to date, the effects on the victims have been described as profound. When the sexual assault occurs during childhood, the consequences on both the physical and mental health of the victim can be lifelong. Victims are more likely than non-victims to experience a major depressive episode. Victims are more likely than non- victims to have contemplated suicide. The significance and scope of sexual assault is a major criminal justice issue with an impact on wider society. In light of the potentially deep and lasting impacts of a sexual assault, supportive services and resources for victims are essential. Victim service providers, such as rape crisis centers and victim witness programs, work directly with crime victims to provide resources and supportive services. Victim service providers can assist with the development of offender supervision practices, community education plans, and other victim-responsive practices that can improve the effectiveness of public safety and management practices. Summary of California’s Strengths in Victim Assistance • Statutorily mandated training for victim advocates and rape crisis counselors. • Statutorily defined services for California Victim/Witness Assistance Programs and Rape Crisis Centers. • Team approaches through Vertical Prosecution programs that include a victim advocate. • Collaborative team approaches through SARTs, MDICs, FJCs and SAFE Task Forces. • Nation’s largest victim compensation program Summary of California’s Gaps in Victim Assistance • Lack of a statewide strategic plan for victim assistance resulting in inadequate planning for victim services and fragmented funding. • Lack of funding for a victim advocate as part of Vertical Prosecution team. • Lack of coordination among government agencies resulting in conflicting and duplicative policies. 5 • Uncertainty in funding from year-to-year. • Lack of communication with and among service providers
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