2017 CSOT CONFERENCE SAN MARCOS, TX MEXIA STATE SUPPORTED LIVING CENTER DEPARTMENT OF AGING AND DISABILITY BOBBY TODD, LSOTP

• Forensic Center for Texas Dept. of Aging and Disability Services (DADS) • Persons with IDD (MR)- IQ 70 or below • Adaptive Deficits / Developmental delays • Alleged sex offenses- (and other offenses) • Not competent for trial- not adjudicated • Registered sex offenders

STARS Program Specialized Treatment and Rehabilitation Services • Anger Management • Aggression Management • Substance Abuse • Specialized Treatment of Paraphilias (STOP) • Physical Sexual Abuse Survivor

SEX OFFENDERS TREATMENT AT MEXIA STATE SUPPORTED LIVING CENTER

Sex Offender Treatment for Offenders with Intellectual and Developmental Disabilities (IDD)

1 Overview of STOP Programming at MSSLC • Initiated in February 2001 • Conducted in groups • LSOTP leads group with Registered Sex Offenders

Sex Offender Definition

• Is or has been convicted or adjudicated of a sex crime • Awarded deferred adjudication • Convicted, adjudicated, or received deferred adjudication for a sexually motivated offense

Paraphilias

• Exhibitionism • Fetishism • Frottage • Pedophilia • Voyeurism • Paraphilia, NOS – obscene phone calls, sexual activity with animals, sexual activity with feces, etc.

2 Incompetent to Stand Trial

• The term incompetency has several meanings in the law. “The lack of ability, knowledge, legal qualifications, or fitness to discharge a required duty or professional obligation.” When it is used to describe the mental condition of a person subject to legal proceedings, it means the person is neither able to comprehend the nature and consequences of the proceeding nor adequately able to help an attorney with his defense.

Incompetency to Stand Trial cont

• The legal procedure declaring a person incompetent consists of three steps: (1) a motion for a competency hearing, (2) a psychiatric or psychological evaluation, and (3) a competency hearing.

Motion to Determine Competency of Defendant • At the time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file for a hearing to determine the mental competency of the defendant.

3 Psychiatric or Psychological examination and Report. • Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court to determine competency. At MSSLC the forensic psychologists have a 120 day period to report the determination to the court. • ((The Hearing)

Follow-up to competency evaluation • 1. After the evaluation (120 days) the psychologist will offer an opinion on whether the offender is competent. • 2. It will then be up to the judge to make the final legal determination. • 3. If the defendant is deemed competent to stand trial, his legal case will proceed as usual. • 4. If he is found incompetent, he will be remanded back to MSSLC where he will undergo “restoration to competency” treatment. After 90 days, the psychologist will update the court on the individual’s progress in treatment

Follow-up to Competency evaluation cont • Every 90 days, the psychologist will update the court on the defendant’s progress in treatment. One of two things will happen at this point. Either 1) he will be restored to competency and will face his charges just like normal, or 2) he will not be restored to competency and will not face his charges but can be locked in a maximum security ward at the state hospital, which is very similar to prison, until he is restored to competency or for a maximum term of confinement that could be imposed for the offenses which he is charged.

4 Registered Sex Offender and Competency • 1. The registered sex offender was either declared incompetent and went through the restoration of competency process or, • 2. He was determined incompetent to stand trial for a different offence after the registration offense.

The Registered Sex Offender

• The following offenses are classified as reportable condition or adjudications: • Indecency with a child • Sexual Assault • Aggravated Sexual Assalt • Continuous Sexual Assault of a Child • Prohibited Sexual Conduct (Incest) • Indecent Exposure (second adjudication) • Compelling prostitution • Sexual performance by a child

The Registered Sex Offender cont

• Possession or promotion of child pornography • Online solicitation of a minor • Aggravated kidnapping if the respondent committed the offense with intent to violate or abuse the victim • Burglary of a habitation with intent to commit specific sexual offense • Unlawful restraint, Kidnapping, or Aggravated Kidnapping if the victim or intended victim was younger than 17 years of age • Any attempt, conspiracy, or solicitation to commit an aforementioned offense (except indecent exposure

5 Risk Levels

• A numeric risk level indicates the level of risk a sex offender poses to the community. A numeric risk level is assigned to each sex offender when the offender is released from a penal institution or placed on community supervision or juvenile probation. It is determined by using the sex offender screening tool adopted by the Risk Assessment Committee. There are three risk levels.

Risk Levels

• Level one (low): indicates that the person poses a low danger to the community will not likely engage in criminal sexual conduct • Level two (moderate): indicates that the person poses a moderate danger to th community will not likely engage in criminal sexual conduct. • Level three (high): indicates that the person poses a serious danger to the community and will continue to engage in criminal sexual conduct.

Risk Assessment Tools Most widely used

• Static 99: The Static-99 is a risk assessment tool designed to assist in the prediction of sexual and violent recidivism among adults male sex offenders. It is a • two page report prepared by the Probation Department prior to the sentencing of a defendant on a registrable sex crime. It is not necessary to interview the offender to score the report. It contains 10 items and produces estimates of future risk based on the number of risk present in any one individual. The risk factors are:

6 Risk Assessment Tools cont

• Presence of prior sexual offenses • Having committed a current non-sexual violent crime • Having a history of non-contact sex offenses • History of non-sexual violence • The number of prior sentencing dates on the criminal record • The age of the victims less than 28 years old • Having male victims • Having unrelated victims • Having never lived with a lover for two continuous years • ((Later versions are the 99R 2002, etc))

Risk Assessment Tools cont

• RRASOR: (Rapid Risk Assessment for Sex Offence Recidivism) The RRASOR is an actural instrument designed to measure risk of sexual recidivism. Scores range from 0 to 6, with a higher score indicating greater risk of sexual recidivism. It has four items: • Prior sexual offenses • Any unrelated victims • Any male victims, • Offender is less than 25 years of age.

Tier

A Tier is a level in which a Sex Offender is categorized based on his or her sex offense.

• Tier 1: • A “Tier 1” offense includes any sex offense for which a person has been convicted, or attempt of conspiracy to commit such an offense, this is not a “Tier2” or “Tier 3” offense.

7 Tier

• Offenses involving Minors: • A “Tier 1” offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 2.02© that involves the false imprisonment of a minor, video, voyeurism of a minor, or possession or receipt of child pornography.

Tier

• TIER 2: • A. Recidivism and Felonies. Unless otherwise covered by Section 5.4.4, any sex offense that is not the first sex offense for which a person has been convicted that is punishable by more than one year in jail is considered a “Tier 2” offense includes any sex offense against a minor for which a person has been convicted , or an attempt or conspiracy to commit such an offense that involves:

Tier

• TIER 2 cont. • 1. The use of a minor in prostitution, including solicitations • 2. Enticing a minor to engage in criminal sexual activity, • 3. A non-forcible Sexual Act with a minor 16 or 17 years old, • 4. Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body, • 5. The use of a minor in a sexual performance, or • 6. The production or distribution of child pornography.

8 Tier

• TIER 3: • A. Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a “Tier 2” sex offense, or has previously become a “Tier 2” sex offender, is a “Tier 3”. • B. General Offenses. A “Tier 3” offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that includes:

Tier

• Tier 3 • 1. Non-parental kidnapping of a minor, • 2. A sexual act with another by force or threat, • 3. A sexual act with another who was rendered unconscious or involuntarily drugged, or who is otherwise incapable or appraising the nature of the conduct or declining to participate or, • 4. Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching or contact with intimate parts of the body, either directly or through the clothing.

Notes:

• Restrictions resulting from Registration vs Restrictions that are a condition of Probation or Parole. – a. Registration does not restrict any offender from doing anything the only additional criminal liability imposed by registration is that failure to register is a felony. They must also attend a certain number of therapy groups. – b. Restrictions related to unsupervised contact with minors, polygraph examinations, residency restrictions, and employment restrictions are all conditions of parole or probation by district or state.

9 Notes cont:

Other Information: How often must a registered sex offender appear in person to update hi or her registration info? Annually for a tier 1 Every six months for a tier II Every three months for a tier III Sex offenders must carry out this schedule of personal appearance in all jurisdiction where the offender resides, is employed and attends school.

Notes cont:

What are the requirement for keeping registry information current? not later than 3 business days of all changes What is the minimum required duration of registration? Tier 1: 15 years Tier 2: 25 years Tier 3: for life (upon release from custody) What is the federal penalty for failure to register? Up to 10 years.

REGISTERED SEX OFFENDER CHARACTERISTICS • Common characteristics: – Deviant sexual arousal, interest or preferences • Engaging in sexual contact w/young children or adolescents; with others against their will or without their consent. • Inflicting pain or humiliation. • Exposing oneself in public. • Secretly watching others undress, unclothed, or engaging in sexual activity.

10 REGISTERED SEX OFFENDER CHARACTERISTICS – Cognitive distortions or pro offending attitudes: It was not harmful; more serious than stated (age, count, times, gender), the victim (as object) enjoyed or initiated it – which gives o offender permission. – Social, interpersonal and intimacy deficits: • Ineffective communication skills, social isolation, general social skill deficits, problem in intimate relationships

REGISTERED SEX OFFENDER CHARACTERISTICS • Victim empathy • Inability to feel what another person is feeling.

Poor coping or self-management skills Range and extent of deviant sexual behavior that are previously unknown or undetected until after an offender discloses during an assessment, polygraph or through the course of treatment. The offense for which apprehended may not be first or only abusive behavior.

Registered Sex Offender Treatment

• Sex Offender Treatment vs Traditional Treatment – Confrontative vs Supportive – Court Ordered Volunteered, Requested – Group Individual or (Group) – Cognitive Behavioral Individual goal/success – Legal goal or success Individual determines – LSOTP determines completion Individual determines

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11 Working with Registered Sex Offenders at Mexia State Supported Living Center • Social Skills • A large part of treatment with the Registered Sex Offender at MSSLC is social skills; how to live in a society. Most lack basic adult interpersonal interactive abilities. Low self esteem and loneliness are common traits among the clients and especially sex offenders. • Intellectually and Developmental Disabilities (IDD) Most clients are unable to read or write and are poorly educated. Living in a supervised community hardly gives the client time to function in a normal society ,to learn social skills, values, and attitudes of the larger society from which they came.

MSSLC Registered Sex Offender Group Curriculum • A . GROUP RULES • B. LAYOUT • C. DEFENSIVE THINKING/THINKING ERRORS • D. HIGH RISK FACTOR/SITUATIONS & SEEMINGLY • UNIMPORTANT DECISIONS • E. LIFE EVENTS • F. OFFENSE CYCLE • G. NO MORE VICTIMS

THE LAYOUT

• (Accepting Responsibility)

My name is ______. I am ____ years old. I am from______TX. I caused serious pain to my victim by (forcing my penis into her vagina/forcing him to suck my penis). I was (age) years old at the time and my victim was (age)years old. My goal is to have no more victims.

12 Thinking Errors

• Me First

• I want my needs • met now and I • don’t care about • anyone else and • their needs.

Thinking Error

• Right Now

• My needs must be met immediately.

Thinking Error

• Hop Over

• When I am asked questions that I don’t want to answer, I “hop over or change the subject.

13 Thinking Error

• Minimize

• My thinking error here is to try to lessen the importance of my behavior.

Thinking Error

• I Can’t

• I can’t do this and I want you to change the rules for me.

Thinking Error

• Shut Down

• I’m not going to do anything and you can’t make me.

14 Thinking Error

• Poor Me

• I’m just so pitiful that no one can help me.

Thinking Error

• Mr. Good Guy

• I’m so innocent that I couldn’t possibly have done the bad things that others say.

Thinking Error

• Big Bad Bully

• I can make you do what I want.

15 High Risk Situations(HRS) & Seemingly Unimportant Decisions(SUD) • HRF’S • Avoiding places where children gather • Watch “R” rated movies (sex content) • Social Media • SUD’S • Being around children • Trips to Wal-Mart • I just finished treatment I’ll go and have “a” beer.

LIFE EVENTS

AUTOBIOGRAPHY RSO First memory, worst/best memory, parents/brothers/sisters, childhood/grade school years, grade school to high school years, high school to present years. – LSOTP – Ask questions: how old were you then, who were your friends, did your parents work, best friend, were you in trouble often, fights, etc.

The Offense Cycle

Unmet needs Critical Situations Internal Reactions Considering Choices Preparing to Offend The Offense Avoiding Consequences

16 GOAL

• NO MORE VICTIMS

Sex Offender Terminology

Fantasy: the power or process of creating especially unrealistic or improbable mental images in response to needs; a mental image or a series of mental images (as a day dream). Grooming: to get into readiness for a specific objective; prepare.

Sex Offender Terminology cont

• High Risk Situations: Situations that one make it highly likely that one would repeat a thought, feeling or behavior, for example, as a Register Sex Offender: looking through “Playboy” magazine, watching children on a school playground or park, watching an “R” rated movie. • Incidental Contact: A contact with a child that was accidental while you were at the grocery store.

17 Sex Offender Terminology cont

• CONSENT: Compliance in or approval of what is done or proposed by another.

• Who can give consent? What is difference between manipulate and persuade, what is the age of consent.

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