Extended supervision or civil commitment for managing the risk of sexual offenders : public safety and individual rights

Since the early 1990&rsquo;s, there has been a proliferation of legislative initiatives in North America, the United Kingdom, and Australasia that are intended to improve public protection from high risk sexual offenders. These laws include extended supervision of sexual offenders once released from prison and indefinite involuntary civil commitment to secure treatment facilities following the expiration of a prison sentence. The enactment of these laws has sparked intense debate and numerous legal challenges on a variety of issues, including the need to strike a proper balance between public safety and the rights of individual offenders. Recent challenges to Extended Supervision Orders in New Zealand have included the assertion that this approach is inconsistent with the Bill of Rights Act. This article compares the use of Extended Supervision Orders in New Zealand to the use of civil commitment of Sexually Violent Predators in the United States, and particularly in California, which currently confines the largest number of offenders under this type of commitment. It is argued that Extended Supervision is more flexible, less intrusive, less punitive, and less costly than civil commitment. The degree to which it is effective in improving public safety remains an empirical question.<br /

Sexual and violent recidivism by offender type and actuarial risk : reoffending rates for rapists, child molesters and mixed-victim offenders

The current study examines sexual and violent reoffence rates for a sample of 2474 sexual offenders over an average of 15 years following release from prison. Reoffence rates are reported as a function of the offenders\u27 victim type and level of risk as assessed by the Automated Sexual Recidivism Scale, a computer scored measure of relevant historical risk factors. Observed sexual recidivism rates for offenders with child victims, adult victims, and mixed victims were quite similar. Results indicate that offenders with exclusively female child victims not only showed a lower rate of sexual reoffending, but that the reoffence rates were relatively low across all levels of actuarial risk. In contrast, those with male child victims and adult victims showed a pronounced escalation of reoffence rates as actuarial risk increased. Results also indicated that adult victim offenders are less consistent in the victim type of their reoffences, with 37% sexually reoffending against child victims. Finally, combined rates of sexual and violent reoffending were particularly high for those with adult victim sexual offence histories. Risk assessment and public policy implications are discussed. <br /

Short term reoffending by child victim sex offenders in New Zealand : a comparison of those with and without extended supervision

Sexual offenders with child victims in New Zealand who are considered at high risk for reoffending are subject to an Extended Supervision Order. This allows for a period of supervision of up to ten years following release to the community. The present study examined 89 offenders given Extended Supervision Orders over the 33 month period since the legislation was enacted. All types of reoffending resulting in criminal convictions by this group were included. A matched sample of sexual offenders with child victims released prior to this legislation and a sample of offenders judged to be lower risk were compared to those under extended supervision. Offenders under extended supervision reoffended faster and at a higher rate for both sexual and general offences than those deemed lower risk, but at a lower rate than pre-extended supervision high risk offenders. The relationship between specialist treatment programme attendance and completion, actuarial risk level, and recidivism in the extended supervision sample were also investigated. These variables were found not to be significant predictors of sexual recidivism.<br /

Risk assessment of child-victim sex offenders for extended supervision in New Zealand

Recently enacted legislation in New Zealand, the Parole (Extended Supervision) Amendment Act 2004, allows for the imposition of up to 10 years of supervision in the community for child-victim sex offenders following their release from prison. The Act requires reports to be written specifically assessing the risk of sexual re-offending against children. This study examined the application of actuarial measures used by the New Zealand Department of Corrections in these assessments, including a computer-scored instrument based on static factors (the Automated Sexual Recidivism Scale; ASRS) and a clinically-based judgement of dynamic risk factors (the SONAR). It was expected that a conservative approach would be taken in making recommendations for or against extended periods of supervision, such that a high score on either measure would predict a recommendation for extended supervision. It was found, however, that a more individualized approach was often taken, whereby a baseline assessment of risk as predicted by the ASRS was adjusted by clinicians based on SONAR ratings. Implications for the practice of risk assessment in sexual re-offending are discussed.<br /

Implicit theories and personality patterns in child-victim sex offenders

Research has suggested that child sex offenders hold thematically distinct cognitive distortions, which Ward and Keenan (1999) call Implicit Theories. The aim of this preliminary study was to investigate the relationship between offenders&rsquo; Implicit Theories and their personality related cognitions. The variables were measured using the Implicit Theory Questionnaire and Millon&rsquo;s (1990) MCMI-III personality scales. Subjects were 28 male sex offenders against children serving a custodial sentence in New Zealand, who elected to participate in a treatment program. A majority of participants had personality scale scores that reached the clinical threshold. Results found that dependant, depressive and schizoidal personality patterns significantly correlated with Implicit Theories. Clinical and theoretical implications are discussed.<br /

Typology of adolescent sexual offenders : millon adolescent clinical inventory profiles, developmental factors, and offence characteristics

The Millon Adolescent Clinical Inventory (MACI) profiles of 82 adolescent male sexual offenders aged 13-19 in a community-based treatment sample were analysed to identify different subtypes of offender based on personality variables. Four groups were identified by cluster analysis: a withdrawn, socially inadequate type (n = 25); an antisocial and externalising type (n = 11); a conforming type (n = 20); and a passive-aggressive type (n = 26). Between-group comparisons showed that the proportion of adolescents reporting physical abuse by their parents was significantly different across the four groups. Subgroup membership was unrelated to victim age, victim gender, and offender history of sexual victimisation. Adolescents who had been victims of sexual abuse were significantly more likely to have had a male victim than those offenders without a history of sexual victimisation. The results of this study provide evidence for the heterogeneity of adolescent sexual offenders in terms of personality characteristics and psychopathology, while also suggesting potentially different aetiological pathways and different treatment needs.<br /

Assessment and case conceptualization in sex offender treatment

The assessment of sexual offenders consists of the systematic collection of clinically relevant information in order to detect clinical phenomena or problems and to provide clear treatment targets. The result of this process is a conceptual model, or case formulation, representing the client&rsquo;s various problems, the hypothesized underlying mechanisms, and their interrelationships. The focus of this article is on the importance of psychological assessment and case formulation in the rehabilitation and management of individuals convicted of sexual offences. First, we make a number of general points about the importance of evidence based assessment and clinical reasoning in case formulation. Second, we review key elements of contemporary sexual offender theory that highlights the heterogeneity evident among sex offenders and the implications for case formulation and treatment planning. Third, we discuss the role of case formulation for risk assessment and management. Finally, we illustrate our major points with a brief case study and conclude with a brief consideration of the value of case formulations.<br /

Transitions to Better Lives: offender readiness and rehabilitation

Transitions to Better Lives aims to describe, collate, and summarize a body of recent research "both theoretical and empirical" that explores the issue of treatment readiness in offender programming. It is divided into three sections. Part one unpacks a model of treatment readiness, and explains how it has been operationalized. Part two discusses how the construct has been applied to the treatment of different offender groups. Part three discusses some of the practice approaches that have been identified as holding promise in addressing low levels of offender readiness are discussed. Included within each section are contributions from a number of authors whose work, in recent years, has stimulated discussion and helped to inform practice in offender rehabilitation. This book is an ideal resource for those who study within the field of criminology, or who work in the criminal justice system, and have an interest in the delivery of rehabilitation and reintegration programmes for offenders. This includes psychologists, social workers, probation and parole officers, and prison officers