Legislature(2005 - 2006)SENATE FINANCE 532
03/15/2005 09:00 AM Senate FINANCE
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MINUTES
SENATE FINANCE COMMITTEE
March 15, 2005
9:03 a.m.
CALL TO ORDER
Co-Chair Wilken convened the meeting at approximately 9:03:04 AM.
PRESENT
Senator Gary Wilken, Co-Chair
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Lyman Hoffman
Senator Donny Olson
Also Attending: MARC ANTRIM, Commissioner, Department of
Corrections; KIM ENGLISH, Consultant, Colorado Department of
Corrections; JEFF JINKS, Consultant and Owner/Operator of Amigen-
Jinks Incorporated; PEGGY HEIL, Consultant, Colorado Department of
Corrections
Attending via Teleconference: There were no teleconference
participants.
SUMMARY INFORMATION
The "Containment Model": A research-based presentation on sex
offender management presentation by the Department of Corrections.
The Committee heard a presentation from the Department of
Corrections and consultants regarding a new sex offender management
program.
Department of Corrections: The "Containment Model" A research-
based presentation on sex offender management.
Co-Chair Wilken noted that the Department of Corrections would be
presenting a research-based model pertaining to sex offender
management.
MARC ANTRIM, Commissioner, Department of Corrections, thanked the
Committee for the opportunity to introduce the Containment Model
Approach to sex offender supervision that would be undertaken by
the State of Alaska. Three consultants from a similar program
operated by the Colorado Department of Corrections would be sharing
their expertise about the Containment Model theory. Their
presentation would also incorporate information about Polygraph
testing.
KIM ENGLISH, Consultant, Colorado Department of Corrections, stated
that, on behalf of the Alaska Department of Corrections, she, Peggy
Heil, and Jeff Jenks would present information about a method of
"managing sex offenders that is growing in use nationwide". The
three of them "applaud the Department of Corrections for
considering this to be a dangerous population". A slideshow
presentation titled "Sex Offender Containment" [copy on file] was
reviewed as follows.
US Dept of Justice Study
About 45 percent of state prisoners participating in the 1991
Bureau of Justice Statistics Survey committed the crime while
they were on probation or parole.
*24% of prisoners serving time for RAPE
*19% of prisoners serving time for SEXUAL ASSAULT
L.A Greenfeld, Sex Offenses and Offenders, Feb. 1997:25
Ms. English summarized that approximately half of the prisoners who
participated in the Study, to include "one in four or one in five
known sex offenders", committed a crime while under correctional
supervision.
Agenda: The Containment Approach
* The Need for Specialized Sex Offender Management Practices
*Rape Victims Don't Report the Crime
*The Containment Approach: The Goal is INFORMATION
*What We Can Learn From Sex Offenders
*Using the Polygraph Examination
*Treatment Provides Information
*A few words about housing, quality control and cost benefit
of containment.
*Questions
Ms. English reviewed the presentation's agenda and stressed that
the sex offender population is different than other offender
populations. Because rape victims tend to not "report the crime, it
must be understood how this affects what we understand about sex
offenders and what we need to know about how to manage them". One
of the goals of the Containment Approach is to obtain information
in order to protect the public.
Ms. English stated that much of what has been learned from sex
offenders would be shared today. Mr. Jinks, who has conducted
34,000 polygraph examinations, would be discussing the benefits of
polygraph examinations, and Ms. Heil, who developed and managed the
Colorado Department of Corrections treatment program for more than
20 years, would be discussing how treatment programs allow for a
better understanding of a sex offender in addition to assisting
"them to change their life patterns". "Treatment provides an
opportunity for the offender to change".
Ms. English stated that the presentation would also address the
"big issue of prisoner housing" in regards to where a sex offender
might live when they leave the Department of Corrections. The
presentation would also address quality controls for any new method
that might be implemented. "There is a cost benefit of
containment".
Forcible Rapes in 2000
*Alaska ranked first in rapes per capita in the United States
*Alaska's reported rape is twice the national average**
** Alaska had 70.3 reported rapes per 100,000 inhabitants
compared to 32 reported rapes US average.
www.disastercenter.com/crime/akcrime.htm
2003 Reported Crime Frequency in Alaska
*One forcible rape every 15.25 hours
(This rape represents an annual average)
Alaska Dept. of Public Safety,
2004 Uniform Crime Reporting
Ms. English reviewed the data and reiterated that it is based on
information gathered from rape victims who actually reported the
crime. The fact that Alaska ranks first in rapes per capita and
that its reported number of rapes is twice the national average
could be because "victims feel more safe" in this State or perhaps
because law enforcement personnel respond differently at the local
level.
Forcible Rapes increased 21.7%
Reported rapes in Alaska increased 21.7% from 2000 to 2003
There were 521 reported forcible rapes and 54 reported
attempted rapes in 2003.
There are approximately 4300 registered sex offenders in
Alaska communities.
Alaska Dept. of Public Safety Uniform
Crime Reporting
Ms. English stressed that research indicates that one rape in 100
is actually reported. The fact that the State's 4,300 registered
sex offenders are widely disbursed would present a challenge.
Personal and Social Costs Of Sexual Assault Are Very High
*More than half of victims have been raped more than once.
*6x more likely to develop PTSD.
*3x more likely to develop major depression.
*13x more likely to attempt suicide.
Ms. English shared that in addition to those victims of sexual
assault who develop depression or attempt suicide, victims are six
times more likely to develop the uncomfortable symptoms such as
night sweats, headaches, and nightmares associated with Post
Traumatic Stress Syndrome (PTSD). The cost to society of the affect
of sexual assault on victims "is incredibly high".
Alaska's Cost of Victimization
521 victims x $86,500*
$45,066,500 per year in costs to victims
*National Institute of Justice calculated the victim cost
of one sexual assault at $86,500
Only 16 % of victims in the Rape in America study reported the
rape.
Kilpatrick, et al., 1992. Medical
University of South Carolina. N=4008
Rape in America: A Report to the
Nation.
Ms. English stated that the total lifetime cost for the 521 victims
of a completed rape in the State would amount to $45 million each
year. Half of the 16-percent of sexual assault victims who actually
reported the crime, reported it five years after it occurred.
"Those crimes, of course, could never be prosecuted".
Who Reports?
*Younger age
*Knowing the Perpetrator ………. Delay Disclosure
Smith, Letourneau, Saunders,
Kilpatrick, Resnick, Best, 2000
*Life threat
*Physical injury
*Stranger perpetrator ……. Increase Likelihood of Disclosure
Hansen, Resnick, Saunders,
Kilpatrick, Best, 1999
Ms. English stated that those who tend to delay reporting the crime
are younger and tend to know the perpetrator. "Offenders who choose
children are choosing children who are unlikely to tell".
Ms. English noted that victims who are more likely to report a rape
are those who experienced a life threat, had physical injury, or
were sexually assaulted by a stranger. Therefore, the people who
participate in the studies she has conducted are stranger
perpetrators or those who chose a "victim who is empowered to
report" the crime.
Arrest Rates are Low
27% of reported sex crimes resulted in an arrest
NIBRS 1991-1996, Snyder, 2000
In Colorado, between 1994-98, 54% - 70% of those charged with
a felony sex crime were convicted of a sex crime.
Ms. English reported that according to a study conducted in
approximately 16 states, only 27-percent of reported sex crimes
result in an arrest. Few victims report the crime and seldom is
sufficient information available through which to make an arrest.
In Colorado, sex crimes are charged as a felony. Between 50 and 70
percent of those so charged in Colorado are convicted. Some are
pled down to misdemeanors. The recommendation is that "sex crimes
never be pled to a crime outside the family of sex crimes" as
otherwise, that information would not be included in "the record
that this was a sex offender".
Sex Offender Recidivism Rates: Artificially Low
*Incest: 4-10%
*Rapists: 7-35%
*Child Molesters with female victims: 10-29%
*Child Molesters with male victims: 13-40%
*Exhibitionists: 41-71%
Marshall and Barbaree (1990)
Ms. English noted that while sex offender recidivism rates are
generally quite low, it should be "realized that they are based on
conviction data". Victims of incest tend to be young, less likely
to report a crime; and usually know the perpetrator. Thus incest
offenders' recidivism rates tend to be lower than the others. The
recidivism rates of rape offenders increase over those of incest as
typically the victim is an adult victim, a stranger, and there
could be violence. "Overall, the official recidivism rate is going
to be artificially low because victims are not empowered to report
the crime; offenders choose victims that don't report the crime…"
Why Don't Children Report?
In one study, children ages 3-12 explained delayed disclosure
by saying they feared being disbelieved, punished, or
unprotected
Lawson & Chaffin, 1992
Ms. English stated that the children in this study were children
who were sent to the emergency room for having a sexually
transmitted disease. In the interviews, which were conducted by
trained interviewers, "only half of the children disclosed that
they had been sexually assaulted".
Age at Time of Rape
29% …. Less Than 11
32% …. 11 - 17
22% …. 18 - 24
7% …. 25 - 29
6% …. 30+
3% (unknown)
Ms. English stated that rape is typically a crime of youth, as 60
to 65-percent of victims are below the age of 18.
Adult Victims
71% concerned about family knowing.
68% concerned about others knowing.
69% concerned about being blamed by others.
Rape in America: Report to the Nation (1992)
Ms. English stated that oftentimes, the perpetrator of a rape
against an adult is a family member. The fact that 69-percent of
adult victims do not report a sexual assault due to concern about
being blamed by others underscores the fact that, "we still have a
society that blames the victim".
A goal of The Containment Approach is to obtain and share
information.
The Containment Approach Containment Policies
POLYGRAPH TX CJS
Confidentially waivers
Surveillance officers
Consistent policies
Interagency teams
Employment restriction
Internet restriction
Approved Tx providers
Polygraph examiner approval
Leisure time monitoring
Family Reunification policies
LE Registration
UA
Monitored leisure time
72 hour MH hold
Ts & Cs of supervision
Victim therapist
Victim community approval
Cross training
Victim Services
Ms. English stated that "because of the lack of information and
because the onus of obtaining any information at all has been on
the back of the victim", one of the goals "of the Containment
Approach is to obtain information from the offender and other
places". Information gleamed from the offender is shared to protect
the public and potential victims. The Containment Approach could be
compared to a triangle, whose three points are anchored by the
Polygraph Examiner, the Treatment Provider (TX), and the Criminal
Justice System (CJS).
Ms. English stated that a Polygraph examination is one tool amongst
the others. The tools listed would be implemented in addition to
established CJS tools such as employment restrictions and Internet
restrictions. The Containment Approach would include "consistent
policies that are research driven that are intended to help manage"
the population on a daily basis. This presentation would address
the three anchors.
The Criminal Justice System Provides the Hammer
*Consequences for Failed Polygraph Examinations Must Be:
- Immediate
- Linked to the Implied Risk
- Include Increased Surveillance
- Involve Obtaining Corroborative Information
- Include Informing Others of Poly Results
Ms. English reviewed the list of consequences and stressed that
offenders must understand that there would be a consequence for
failing a polygraph examination, as the absence of a consequence
would increase the likelihood that the offender would pass the
exam. "The Containment Approach requires an incredible amount of
collaboration across disciplines" to include the mental health
system, the CJS, the law enforcement system, and the polygraph
system. Information must be shared.
Sex Offenders Who Failed Supervision
*Sees self as no risk
*Diverse Victim Types
*Fewer months in the community
*Access to victims
*Sexual Entitlement
*Poor social influences
Hanson and Harris, 1998
Ms. English read the characteristics applicable to sex offenders
who failed supervision. After release from prison, sex offenders
who tend to fail "fail soon". "No matter what their conviction
crime is", sex offenders "are considered a danger to all vulnerable
people". Poor social influences means that "they have a lack of
support".
What Can We Learn From Sex Offenders
Studies with ….
*Guaranteed Confidentially
*Anonymous Survey, or
*Polygraph
Secrets Revealed
Polygraph Research at the Colorado Department of Corrections
Comparing Court Information v. Polygraph
# of victims # of offenses
Information
at sentencing 2(1) 7(1)
Sex History 83(21) 394(50)
1st Polygraph 165(24) 511(95)
2nd Polygraph 184(26) 528(95)
Alhmeyer et al.,2000, studied 35 sex offenders in treatment
and polygraph testing at the CO Dept. of Corrections. Average
admission (medium) of contact & noncontact offenses.
Ms. English stated that during their initial research study
collaborations, she and Ms. Heil utilized pre-sentencing
investigation information that was available at the court hearing.
The information regarding the number of known victims was compared
to the number of known offenses. At the time of a perpetrator's
sentencing, there was an average of two known victims and an
average of seven known offenses.
Ms. English stated that perpetrators provided more information
"about who they are" during their participation in the Colorado
Department of Corrections treatment program developed by Ms. Heil.
One component of the treatment program is that the offender must
complete an assignment in which they "write out their entire sex
history". This provides insight "regarding all of their victims and
all of their patterns of accessing the victims". These sex
histories indicated an average of 83 victims and approximately 400
offenses. "These are hands-on and hands-off offenses" to include
voyeurism and rape.
Senator Olson asked regarding the numbers depicted in the
parenthesis.
Ms. English clarified that the numbers depicted in the parenthesis
are the medium or mid-point. That number is considered by some to
present a more stable number; however, it should be noted, "that in
this study, the majority of people that were passing the polygraph
were the really high rate offenders": 30-percent of those who took
the first polygraph passed; "they were the ones who were telling
the truth and their numbers were very high". Therefore, the numbers
at the point of the first polygraph examination were skewed and
would increase as more offenders passed the polygraph. The numbers
for the second polygraph depicts this. Over time, and with the use
of additional polygraphs, more information is gleamed and more
people pass the examination. The information should be used to
inform treatment providers and develop supervision programs. She
warned that those involved in sentencing an offender without the
information provided by a polygraph examination or from a
comprehensive treatment program, "might find it difficult to obtain
past information. In other words, a treatment plan and a
supervision plan might be developed inappropriately without the
knowledge that the offender had actually committed more offenses.
Co-Chair Wilken inquired regarding the point in time that a
polygraph examination would be conducted.
Ms. English responded that the first polygraph is typically
conducted within the first six months of treatment.
Co-Chair Wilken understood therefore that it is conducted after a
person is convicted.
Ms. English concurred.
Co-Chair Wilken asked whether the people who participated in the
survey were incarcerated.
Ms. English affirmed that they were in prison. In the Containment
Approach the Polygraph is referenced to as the Post-Conviction
Polygraph.
Co-Chair Wilken asked for further information regarding the timing
of the Polygraph.
Ms. English replied that the timing of the Polygraph is determined
by how the system is established. It could be conducted while the
person is incarcerated or after they have been released.
Ms. English clarified that in the system being proposed for Alaska,
the Polygraph would be conducted when the person is released and
living in a community. The information in this study was gleamed
from offenders who were in treatment in a Colorado prison.
Co-Chair Wilken understood therefore that, in Alaska, the
conducting of a Polygraph would be a condition of release.
Ms. English affirmed. They would be required to participate in
treatment and a supervision plan that would include the use of a
Polygraph. The conditions should specify that the offender must
"cooperate, engage in treatment, and pass the Polygraph".
Senator Dyson asked whether an offender is granted immunity prior
to taking the Polygraph.
Ms. English responded that there are four approaches to managing
the issue of new disclosure. Further information in this regard
would be provided later in the presentation.
Polygraph Research at the Colorado DOC
Comparing Court Information v. Polygraph
Admissions of Hands-on Crossover Offending
223 Sex Offenders Participating in SOTMP TC at the Colorado
Department of Corrections
Type of Crossover Court Polygraph
Adult & Child Victims 7% 70%
Male & Female Victims 9% 36%
Multiple Relationships 20% 86%
Heil, Ahlmeyer, Simons(2003)
Ms. English stressed the importance of this information, as it
underscores that "we don't know very much" at the point of court
sentencing. For example, during court proceedings, it was known
that seven-percent of the 223 sex offenders had victimized both
adults and children. That number increased to 70-percent when a
Polygraph examination was conducted. She reminded that most of the
offenders at that point were not passing the Polygraph examination.
The heading "Multiple Relationships" would include such things as
incest, being in a position of trust, or an acquaintance verses
being a stranger. "Most people think that a stranger rapist is a
stranger rapist. This is not the case. This is a crime of
opportunity". Research is beginning to reflect that. People
incorrectly believe that incest perpetrators only commit that
offense with family members, and that once the child ages, that
person "is no longer at risk". Research indicates that victims of
incest have testified that their family member perpetrator also
harmed the victim's girlfriends.
180 convicted sex offenders on probation and
parole in TX, WI, OR
Current Conviction Crime: Incest
N=80
Ever assaulted…
Assaulted strangers 35%
Assaulted from position of trust 57%
Assaulted adult victims 36%
Ms. English stated that absent the sex history of these incest
offenders, and were information limited to their conviction crime,
it would "never have been known that one-third of them had a
history of assaulting strangers" or adult victims.
Average Age of Onset
Study Type of Offender Age of Onset
Freeman-Longo Rapist 18
(1985) Child Molester 15
Elliot (1984) Juvenile Rapists 16 peak
Emerick &Dutton Juvenile Child
(1993) Molesters 13 median
Ahlmeyer et al.
(2000) Inmates 12
English et al.
(2001) Supervised on Parole
or Probation 12
Average Lag Time in Detection
Study Type of Offender # of Years
Freeman-Longo Rapist 6
(1985) Child Molester 13
Elliot (1986)* Paraphiliacs 10
Ahlmeyer et al.
(2000) Rapists and
Child Molesters 16
* as cited by Abel, Wisconsin Training Tapes
Ms. English stated that while the average age of onset varies, it
occurs at a young age, "typically" age 15 or 16, but it could be as
young as 12 or 13 years of age. There "is an enormous lag in the
protection time"; usually there is a lag time of ten to 15 years
"before they come to the attention of the criminal justice system …
their coming to the criminal justice system is not a function of
who they are, but rather the victim that they choose that reported
that crime, that time".
How Does the Polygraph Work?
Fear of Detection
Fight or Flight Response
Autonomic Nervous System
Polygraph Responses
Computerized Scoring/Manual Scoring.
JEFF JINKS, Consultant and Owner/Operator of Amigen-Jinks
Incorporated, informed the Committee that he has conducted
approximately 34,000 polygraph examinations since 1978. Prior to
1989, his examinations primarily focused on pre-conviction tests on
offenders of all types of crime to include sex offenses, homicide,
theft, and arson. The states of Oregon and Washington began
conducting post-conviction sex offender testing in the early 1980s.
In 1989, his company was the first to conduct post-conviction
polygraph testing on sex offenders in Colorado.
Mr. Jinks disclosed that the first test was conducted at the
request of a local therapist who suspected his client was not
telling the complete story. Rather than the desire to test the
important question of the "accuracy or reliability" of a Polygraph
test, the therapist's primary interest was to see what kind of
information he could obtain outside of "a therapeutic setting". The
offender who was in an eight-year probationary program for sexually
assaulting one of his daughter's friends, admitted during the pre-
test Polygraph activity conducted prior to the actual Polygraph
test, to four other sexual assaults. After the Polygraph
examination was concluded, he admitted to an additional three
assaults, including both of his daughters. Their being sexually
assaulted had never been suspected before. After this, the
therapist had the entirety of his clients tested, and the
information gleamed from the Polygraph examinations turned the
therapist's program "upside down as far as what he learned".
Mr. Jinks stated that in order for a Polygraph to be effective,
there must be "a fear of detection". Absent that fear, it would not
be "a reliable and accurate tool". When the fear of detection is
present, "the fight or flight response takes control". This affects
a person's Autonomic Nervous System, which is the body's system
that is measured in a polygraph test. People are unable to exert
control of this system, which includes such things as blood
pressure, pulse rate, blood volume, and the galvanic skin response,
which is an electric current that flows through the fingertips.
This response is measured through electrodes attached to the
fingers, that measures such things as perspiration. Respiration is
also measured. Polygraph computerized scoring technology was
developed in 1989. The polygraph testing that is typically depicted
on television with the ink pens that move up and down on a scroll
of paper is older technology that is seldom utilized anymore.
Mr. Jinks continued that initially, Polygraph test scoring was
determined by the examiner's interpretation of the lines on the
chart. New computerized technology, referred to as Polyscores, now
analyze the data through the use of a series of complicated
mathematical algorithms developed by Johns Hopkins University who
"touts" that, under "perfect" testing scenarios, it has a very high
accuracy rate. A perfect test scenario would be one that is "a
specific issue Polygraph on a specific situation": approximately
one-third of Polygraph tests are conducted under those
circumstances. Typically, the utility type of Polygraph tests "more
than one relevant area or testing on more than one issue".
Accuracy of the Polygraph Test
National Academy of Sciences (2003) set median accuracy at 89%
with a range of 70 to 99%
Page 125
Information from Raymond Nelson & H.
Lawson Hagler(2004)
Mr. Jinks communicated that the National Academy of Sciences' study
determined the median accuracy of Polygraphs at 89-percent. Studies
having an accuracy rate of 70-percent were those that were
conducted "in the worst circumstances" in that their pre-employment
Polygraph examination contained up to 20 key relevant questions.
That would result in an inaccurate test. Even though those tests
earned a 70-percent accuracy rating, Polygraph professionals
consider that rate as "unacceptable". Polygraph examinations of sex
offenders typically "test a maximum of three to four relevant
questions": this increases both the accuracy and reliability rate.
Another important consideration in Polygraph accuracy "is the
experience of the examiner himself". The goal of examiners is to
achieve an accuracy rate of 99-percent. In reality, the accuracy
rate is approximately 95-percent in regards to "this population of
individuals".
What happens during an exam?
1. Pre-Test
-Review medical conditions
-Sign release and consent forms
-Explain purpose of exam
-Review terminology
-Develop final questions
-Calibrate instrument
Mr. Jinks declared that a "polygraph is a medical recording device"
and should be administered when a person "is at their most normal";
not when a person is sick or in discomfort. It is acceptable to
test a person who, as a matter of routine, takes prescription
medicine or has had, for instance, long-term discomfort from a
lingering backache.
Only 2-4 Questions Allowed
There can be NO surprise or trick questions.
Questions must focus on BEHAVIORS.
- No mental state questions.
- No intent questions.
No emotionally laden language
"rape" "murder" "molest"
Mr. Jinks stated that a Polygraph is never conducted without the
process being explained, to include the questions that would be
asked. "There is no surprise tactic". The reason being that a
"surprise response" resembles a deceptive response. The pre-testing
component could take between half-an-hour to an hour and a-half to
conduct. Terminology is important; the definition of words must be
understood.
Mr. Jinks continued that one reason the first Polygraph is not
conducted when an offender initially enters the program is because
the treatment provided includes legal clarification of terminology
and definitions.
Mr. Jinks stressed, "this particular population rationalizes better
than any other criminal in the world". Rationalization "is used to
excuse their behavior"; they do not view their victims as victims;
instead they place the blame for the offense on the victim.
2. In-Test
-2-4 relevant questions tucked inside 10-20 comparison
questions
-Relevant questions must be specific
-Run 3 sets of charts
-Score and interpret chart markings (pen tracings)
Mr. Jinks stated that while many areas are discussed in the pre-
test interview, the Polygraph examination itself is limited to two
to four relevant questions. Unlike comparison questions, which are
board-based, relevant questions are very specific. A minimum of
three sets of charts is run in order to provide consistency of
responses.
3. Post Test
-Conducting an in-depth interview with examinee, giving
him/her an opportunity to explain deceptive findings
Mr. Jinks stated that one of the most important aspects of a
Polygraph is the post-test interview. The experience of the
examiner is an important element of this phase. A thorough job must
be conducted in the pre-test interview, as from it, questions are
developed and information is gleamed from the individual "without
an interrogative approach" being conducted. The pre-test interview
is simply a question and answer period, and an observer "would be
surprised on" how non-confrontational it is. Some might view the
pre-test interview as "boring". The post-test interview; however,
could become "more confrontational" without being argumentative.
The examiner could make statements that convey to the individual
that, "they are having problems in certain areas, or that in their
opinion, they are not telling the truth in certain areas". The
confession rate of offenders in the post-test interview who failed
the Polygraph examination is approximately 90-percent. In summary,
rather than relying solely on the Polygraph examination results,
statements made by the examiner in the post-test interview are
important.
The Purposes of the PC Exams Vary
- Sex History: Obtain information on past victims and past
methods used to access those victims. Need to know age of
onset, frequency, extent of crossover behavior.
- Specific Issue: Offender may be in denial about the crime…,
or may be facing a new accusation…, or may have failed a
recent examination… .
- Maintenance: Check out assault patterns and behaviors
regarding supervision conditions. Looking for precursor
behaviors!!!
"Fantasies are tantamount to planning sessions… ."
William Pithers, 1990
Mr. Jinks stated there are primarily four different types of
Polygraph examinations. The sex history Polygraph is administered
three to six months into the treatment program after the offender
has written their sex history. In response to the question
regarding how the information gleamed might be used against the
individual, he shared that detailed information on past victims is
not typically sought. The primary goal is to garner information
such as the name, age, and access they had to the victim. The
information is vague to the point that it could not be used against
the individual. However, it should be noted that the administrators
of the treatment program could utilize the information. The fact
that offenders know that a thorough sex history of their victims is
a component of their therapy has proven to be valuable to the
Colorado treatment program. He reiterated that it is common that
offenders are in denial of their crime. "Many of them have pled
without admitting to the crime itself". If the offender continues
to be in denial, the Polygraph would be the first test conducted,
as for treatment to be effective, the individual must admit the
situation. "The Polygraph is extremely successful in accomplishing
this". A Polygraph is also administered as the result of failing a
previous examination or as the result of a recent allegation
against them. These would be the most accurate examinations, as it
would address a specific point in time, a very specific allegation.
The maintenance polygraph, which is conducted approximately every
three to six months, is conducted when the individual is under
supervised conditions, such as being on probation.
Sex History Exam
*Types of past victims (gender, age, relationship)
*Frequency of assaults
*Types of behaviors (voyeurism, rape, child molesting,
internet)
*Modus Operandi !!!!
- Did they get friendly with parent?
- Go to church to find single, exhausted moms?
- Always engaged in obscene phone calls before rape?
- Lured child with puppy?
Mr. Jinks reviewed the components of the sex history examination.
He noted that the use of pets is a common modus operandi as pets
attract children. "While a vast majority of such people are just
fine and are doing it for sheer enjoyment of teaching kids", he is
always suspicious of a youth sports coach, a Sunday school teacher,
a boy scout leader and others who have no children. Unfortunately,
"some of these people do this type of thing for the wrong reasons …
they prey on children and take those positions so they can be
around children".
Specific Issue Exam
* Used when offender is denying offense or significant aspects
of the offense
* Used when there is an allegation
* Used to clear up a past deceptive test
Mr. Jinks stated that while an offender might admit to a sexual
assault they commonly deny that force was used. The specific issue
examination could be used to address this issue. Oftentimes,
offenders "will throw a bone" in the hope that efforts would
concentrate on that. When such maneuvers are identified in the
examination process, therapy would be used to address it, and a
follow-up Polygraph is conducted.
Monitoring Polygraph
* To monitor problem behavior…
* Since entering treatment
- While on probation/parole
- Since the last polygraph exam
- Conducted every 3-6 months
Mr. Jinks stated that the Monitoring Polygraph is conducted to
evaluate a person's behavior while on probation as well as to
evaluate whether the treatment program developed for the individual
is working.
Monitoring Testing
* Provided information on whether the offender is changing his
lifestyle and applying what they are learning in treatment
* Provides information on whether he is continuing to engage
in high-risk behaviors
Mr. Jinks reviewed the Monitoring Testing component and reiterated
that, initially for him, the amount of crossover behavior that was
exposed in the post-conviction testing was surprising. "These guys
are very busy, they are sexually motivated to a lot of different
things and they are committing a lot of different sex crimes". He
shared that he originally "had a preconceived notion in my business
that a rapist… that was primarily his crime and he was just going
to go after adult women". He has "found just the opposite to be
true, they prey on everyone and anything at any time if given the
opportunity".
Specific-Issue Tests Are Used to Clarify Risk Concerns
A specific-issue exam should be scheduled when concerns
persist even after increasing surveillance.
Mr. Jinks warned that once the program is begun, even were an
offender to pass the Polygraph, it is not the time to relax and
think that the treatment has worked. "That is not the case many
times". Oftentimes, an offender who passes a Polygraph test has the
false impression that he has "free reign to do what he did before …
because everyone now trusts him…"
Polygraph as a Deterrent
Abrams and Ogard, 1986
Studied the deterrent effect of polygraph on offenders on
probation:
* Supervision with polygraph - 69% successful compliance
with probation
* Supervision without polygraph - 26% successful
compliance with probation
Mr. Jinks read the information. The polygraph is a 24-hour leash as
the possibility of undergoing another examination is on offenders'
minds. People have been quoted as saying that they were "tempted to
do" something decided against it because they knew a polygraph test
was scheduled.
Examiner Qualifications
*Graduated from APA accredited polygraph school
*Colorado Standards: Minimum of 150 criminal issue exams.
*Minimum of 50 clinical exams in 12-month period.
*40 hours of specialized training every 3 years.
Mr. Jinks stated that the tests with the 70-percent examination
success rates were conducted by less experienced examiners. In
addition to the scientific aspect of a Polygraph, "there is also
the artistic approach". This is the area in which the Polygraph
examiner's credentials are important. He reviewed the Colorado
examiner qualifications. Post-conviction sex offender Polygraph
examinations are "trickier" to conduct than other types of exams,
due to the offenders' tendency to rationalize. Personally, he would
require that an examiner conduct a minimum of four to five tests
per week to retain qualifications. He shared that after not
conducting an examination for a period of approximately ten days,
the interviewing and interrogation technique process must be
refreshed.
Implementation Considerations
* Develop procedures
* Educate therapists
* Develop sex history questionnaires
* Set examiner qualifications and requirements
Videotape exams
* Develop system to track and use results
* Educate stakeholders
* Develop consequences
Simons, Heil, Ahlmeyer, 2003
Mr. Jinks reviewed the process and voiced that the State of
Colorado is willing to share the questionnaires it has developed.
The State of Alaska has, to date, already developed very thorough
Polygraph qualifications and requirement guidelines. Videotaping of
the examinations "is a must", as, in Colorado's experience,
offenders would say one thing during the Polygraph examination and
then communicate something else to the therapist or deny that they
had said something. Sex offenders have been "secretive and
manipulative their entire lives...".
Summary: Value of Polygraph Testing in Risk Assessment
- Increase information on past offenses
- Evaluate treatment effectiveness/compliance
- Evaluate risk of child contact
Without the poly we're operating blind
Mr. Jinks stated that the increased amount of information retrieved
from the Polygraph examination was recognized by correctional staff
as having the most value. Polygraphs provided more complete and
honest information that correctional staff had been able to obtain
otherwise, and the acceptance of that fact led to "team" efforts in
developing effective treatment programs.
Caution
* Polygraph testing should never be used in isolation
* Multiple methods should always be used
* Polygraph = treatment = more information than Polygraph or
treatment alone
* Admissions made in the process of polygraph testing should
be confirmed through collateral sources or retesting.
Heil, 2004
PEGGY HEIL, Consultant, Colorado Department of Corrections, shared
that during the first ten of her twenty years experience in
administering sex offender treatment programs, the benefit of
Polygraph testing was unavailable. She would never desire to
develop treatment programs again without it, as it would be akin to
being "blind to what's going on". However, she warned that a
Polygraph should not be used in isolation, as it would provide
incomplete information. Under normal circumstances, only three
questions could be asked during the Polygraph test and any
additional information about the reason for an offender's deceptive
might not be difficult to acquire. Someone would be required "to
monitor their behavior" … looking at what they are saying in
treatment. What is needed is a collection of information from a
variety of information sources, "including collateral information
from family members, employers, etc". She stressed that "Polygraph
plus treatment produces more information about the offender than
Polygraph or treatment alone".
Options for Processing Information on Past Crimes
No Immunity
Specific information (i.e., date, place, name of victim) would
not be collected on past crimes
Information on the range, type, and pattern of sex offenses
would be collected
Information on the range and type of past crimes would be
reported in an M.O. database that could be queried by law
enforcement
Sentencing limitations
Specific information on past crimes would be obtained and
reported to the appropriate law enforcement agency
If District Attorneys decide to prosecute they would utilize
sentences, which increase the length of supervision but still
allow for the possibility of community supervision when the
offender is complying with treatment and monitoring
requirements
Sentence options could include: lifetime probation, sex
offender's act (1 day to life) or deferred sentence
Limited Immunity
Specific information on past crimes would be obtained and
reported to the appropriate law enforcement agency
Offenders would sign a limited immunity agreement, which would
include provisions that they would not be prosecuted on the
offense as long as they complied with recommended treatment
and did not reoffend
Full Immunity
Specific information on past crimes would be obtained and
reported to the appropriate law enforcement agency
Offenders would not be prosecuted for past crimes
Heil, 2000
Ms. Heil stated that the Member's question pertaining to how the
information gained from an offender's Polygraph would be treated
could be addressed through a variety of options to include: no
immunity; sentencing limitations; limited immunity; or full
immunity. Colorado opted not to ask an offender for actual dates,
locations, or names of victims; but rather choose to seek
information relating to patterns of behavior. These questions could
include such things as the age and gender of the victim and the
relationship category. A profile could be developed from such
general information.
Ms. Heil stated that "other jurisdictions have worked with district
attorneys to grant Limited Immunities" in that were an offender "to
continue to participate in treatment, comply with supervision, then
they would not be prosecuted for the crimes". Actual names,
locations and other specific information would be collected, and
were the offender to become noncompliant with the terms of their
treatment, the information would be used for prosecution purposes.
One of the positive results of limited immunity is that being able
to identify a victim could allow assistance to be provided to them.
Ms. Heil stressed that the State of Alaska should decide how to
address this issue prior to incorporating Polygraph testing.
Value of Treatment: Public Safety
Goal of Treatment is Public Safety
Recidivism Information Prevention &
Reduction for Supervision General Detection
And Detection
Teach offenders Determine Contribute to
lifestyle change offending General
Patterns of Knowledge
Specific offenders of
Sex Offenses
Ms. Heil stressed that sex offender treatment is different than
traditional mental health treatment. Contrary to the common belief
that sex offenders could not be cured and that treating them is a
"waste of resources … there are several benefits to treating sex
offenders". Teaching skills about how to manage their behavior and
not re-offend is important. Similar to an alcoholic who might
choose to drink again, they might "choose to re-offend";
particularly if they were under stress, as "they enjoy the
behavior".
Ms. Heil stressed that efforts must be made within "the criminal
justice system to create a culture that makes the choice to manage
their problem more desirable than" re-offending. Polygraph is one
incentive in that regard, as the offender knows that it would
increase the likelihood of their being caught. There must be
consequences for an offender not choosing to manage their behavior.
Valuable information is discovered in treatment: "Why do they do
what they do; the patterns" that occur prior to re-offending so
that intervention might prevent the occurrence of a new victim.
Information that is provided could be used to develop new treatment
plans; determine the appropriate housing for an offender after
release; and increase the chance that someone who re-offends might
"be caught sooner rather than later".
Ms. Heil shared that in Colorado, information about offenders'
"crime dynamics" was shared with law enforcement, so that, were any
unsolved crime to fit a known offender's pattern, action could be
taken.
Ms. Heil stated that the final component learned in treatment is
knowledge about how this behavior "develops in people"; how they
"groom victims, or set up their offenses". This information is also
shared with law enforcement, victim treatment providers, and
others.
Ms. Heil distributed a statement written by a sex offender in
treatment titled "Grooming Families and Children" [copy on file]
that reads as follows.
GROOMING FAMILIES AND CHILDREN
Accountability Statement
The simple fact was, all of my victims were kids or had the
mind of a child. And it's hard for someone to believe a child,
or that I could do this, because I was the type of person who
would help out when someone needed something, such as a ride,
money, something fixed on the car or in the house. I would
also make sure people knew that I was doing this. That way, if
one of my victims did say something, I would tell them, "I
couldn't do something like that. Look at what I've done. No.
How could I do something like that? For some reason, the kid
is lying." Then, I would bring up incidents where that child
had lied.
I also set this up by giving the kid a toy or money, and when
he told his parents about it, I would tell the parents, "No,
it wasn't me. Hell, I can't afford to give my own kid money or
toys like that," and just simple things like that. So, after a
long time of making the child out to be a liar, that's when I
would assault him. Then, if he did tell, no one would believe
him. Most of the family was dysfunctional anyway, and all of
my victims were either physically abused or mentally abused.
So, communication in the family wasn't that good, and I know
this from the story. And the parent didn't have time for the
kids, or they just annoyed them.
Admitted # of Sex Crime Victims
Mean (Median)
Source Inmates (n=35) Parolees(n=25)
PSIR 2(1) 2(1)
Sexual History 83(21) 4(2)
1st Poly 165(24) 6(3)
2nd Poly 184(26) 7(3)
Includes victims of contact and non-contact sex offenses
Ahlmeyer, Heil, McKee, English, 2000
Ms. Heil shared that the inmates included in this polygraph study
were in the advanced portion of treatment. Their treatment would
have consisted of approximately nine months of four-times a week
meetings. The parolee comparison group had not received any
treatment in prison, had recently been released into the community,
and had not started treatment at the point of Polygraph testing.
While the deception rate was similar, the inmates, after initially
being deceptive, provided accurate information during treatment.
The parolees who were not in treatment, did not. This supports the
fact that the combination of Polygraph and treatment would provide
"the most information".
Sex Offender Treatment
*Offense Specific *Traditional Therapy
- Non-trust basis/external - Accept client statements
verification of statements as truth
- Verify changes in behavior -Client has choice to
-Client's responsibility to change
change -Non=judgment and
-Client has choices supportive of client
-CONSEQUENCES if choices
directives are not followed -No consequences for
-Focus on present choices
-Limited confidentiality -Focus on insight regarding
-Behavior change reg'd the past
-Complete confidentiality
-No change required
Ms. Heil stressed that the sex offender treatment program, which is
an accountability-based approach, is "very different from
traditional mental health treatment". She reviewed both treatment
program approaches. The sex offender program should include
consequences for an offender's buying of such things as pornography
as it "creates that interest and moves them closer to re-
offending". Sex offender information is shared with the law
enforcement community, as this is important in promoting safety.
Does Sex Offender Treatment Work?
Washington State Institute for Public Policy
Recidivism Rate
Type of Treatment Without With
Cognitive-Behavioral 6.4% 3.5%
Psychotherapy 6.4% 11.2%
Behavioral 6.4% 5.5%
Ms. Heil stated that different types of treatment were surveyed to
address the question of whether the money spent on sex offender
treatment "is a wise" expenditure of tax dollars. The findings
indicate that traditional psychotherapy treatment increased the
recidivism rate of sex offenders while the use of cognitive-
behavioral treatment, "which is what sex offense treatment is",
decreased the recidivism rate by half.
Intensity and length of treatment had a
measurable effect on outcome
English, 2003
This finding is similar to drug and alcohol research findings
Ms. Heil stated that an intense and lengthy treatment program is
required in order for an offender to manage their behavior.
Parole Outcomes 1993-2002
N=1585
"Phase 2" is the Therapeutic Community
*No treatment: 52.3% Completed; 47.7% Revoked
*Phase 1: 70.0% Completed; 30.0% Revoked
*Phase 1 & 2: 84.3% Completed; 15.7% Revoked
Differences are significant
Colorado Division of Criminal Justice, ORS
Ms. Heil stated that the sex offender treatment programs utilized
by the Colorado Department of Corrections consists of two phases:
treatment and polygraph testing while the person was incarcerated;
and supervision, treatment, and polygraph testing when they were
paroled and released into the community. She reviewed the findings
associated with those who had completed parole with treatment to
those who had received no or some treatment. Treatment resulted in
"a cost savings", as those who fail and whose parole is revoked are
sent to prison. This is a "more expensive location" than living in
the community.
Parole Release v. Discharge
VIOLENT ARREST at 1 year
*No treatment: 8.4% Discharge from Parole n=1003
14.3% Discharge from Prison n=2040
*Phase 1: 3.0% Discharge from Parole n=1003
7.9% Discharge from Prison n=2040
*Phase 1 & 2: 0.9% Discharge from Parole n=1003
6.9% % Discharge from Prison n=2040
Differences are significant
Colorado Division of Criminal Justice, ORS
Ms. Heil noted that those who are discharged without parole were
also studied and compared to those discharged with parole. The
group that had parole supervision as they transitioned out of
incarceration "did better as far as violent arrests".
Success is in the combination of prison
and community containment
Twin Rivers Correctional Center in Washington
*After 2000 days, 40% of sex offenders receiving only prison
treatment only prison treatment failed
*After 2000 days, 15% of sex offenders receiving prison
treatment and community treatment and supervision failed
Gordon & Packard, 1999
Ms. Heil stated that both groups in this study had received
treatment while incarcerated; however, those who did not have
follow-up supervision and services in the community had a higher
failure rate.
Where will sex offenders live after their release from prison?
Research Regarding Living Arrangements
*Sex offender probationers living with their families in
Denver were more likely to have a criminal & technical
violation than those living in other types of residences
*For high-risk offenders, those with no support and living
with a family member or friends had the highest numbers of
violations
* Living with a family member or friends does not necessarily
mean that he or she is living in a supportive or healthy
environment
Colorado Sex Offender Management Board, 2004
Research Regarding Living Arrangements
*Those who had support in their lives had significantly lower
numbers of violations than those who had negative or no
support
*Recommendation -Efforts should be made to ensure that the sex
offender's support is positive in order to aid in his or her
treatment
Colorado Sex Offender Management Board, 2004
Ms. Heil stated that some treatment providers in Colorado tested a
program called Shared Living Arrangements, in which offenders live
together in a house with supervision and receive treatment
including Polygraph testing. While some people were concerned that
sex offenders were living together, this study indicated that those
receiving this type of support re-offended less and had fewer other
problems than those who lived with their families.
Positive Support Defined
*Awareness of the cycle, offense patterns and early abuse
signs
*Familiarity with the offender's schedule and whereabouts
*The ability to enhance and encourage application of the
offender's treatment tools outside of the therapy setting.
*A working relationship with the treatment provider and
criminal justice supervisor.
*The ability to acknowledge the seriousness of the offending
behavior
*The ability, skills and tools to hold the offender
accountable early in the onset of risky behaviors.
*Willingness to report non-compliance to the containment team.
Ms. Heil stated that those offenders who had positive support upon
their release had the fewest re-offenses.
Senator Olson asked for further information as to how the Shared
Housing scenario provided a more positive outcome.
Ms. Heil responded that those living in a shared living arrangement
benefited because others in the house who were in treatment and
were subject to Polygraph testing would report something another
offender was doing in order to avoid having themselves held
accountable and jeopardizing their own supervision. Therefore,
they, in a sense, became a positive support group, as they would
report when another was "engaged in high risk behavior".
The Containment Approach: Quality Control
*Training training training
*Written protocols
*Adequate supervision
*Standards for practice
*Regular team meetings
*Individual treatment plans
*Measures of progress/program evaluation
Or how will you know if you are getting anywhere?
Ms. English stressed that "the Containment Approach would save
money in the long run". A lot of training would be required for
everyone involved. Therapists, Polygraph examiners, and law
enforcement personnel must work together and understand everyone's
role in the process. Individualized management plans are crucial to
an offender's success and would assist in deterring the committing
of a new sex crime.
Cost Benefit
Considering benefits to crime victims in addition to taxpayer,
each taxpayer dollar spent on a cognitive-behavioral program
for adult sex offenders returns between $1.19 and $5.27 in
victim and taxpayer benefits
Washington State Institute for Public Policy
Ms. English stated that the Washington State Institute for Public
Policy routinely conducts benefit analysis on a variety of issues.
Recent estimates indicate that for every dollar invested in
treatment would result in a minimum $1.19 return. Were the "mammoth
victimization cost" of $86,000 per victim included, the return
would exceed five dollars.
Senator Dyson asked for further clarification regarding the $86,500
victim expense.
Ms. English replied that $86,500 is the estimated lifetime cost.
Senator Dyson asked whether this amount excludes State and taxpayer
expenditures.
Ms. English replied that the majority of the costs "would be borne
by [the] public eventually". It would include such things as lost
work time, hospitalization and medical costs, and criminal justice
response expenses.
Senator Dyson suggested that the manner in which this information
is presented should be reexamined as it implies that $86,500 is the
cost to the victim.
Ms. English appreciated the input and stated that the information
would be revisited.
Senator Dyson understood therefore that the cost to the victim
includes such things as mental health issues, missed work, and
failed relationships. He inquired to the direct costs to the public
for such things as the perpetrator's incarceration, Court System
services, treatment, and other services. He assumed that those
expenses would exceed $86,500.
Ms. English could not recall the specific items included in the
cost study.
Senator Dyson clarified that the question is whether the total cost
of the crime would significantly exceed $86,500.
Ms. English affirmed that the total cost would be significantly
more. Incarceration expenses typically exceed $25,000 per year per
person.
Ms. Heil pointed out that the victim expense figure is dated. No
more recent study is available. It is likely that the costs have
increased.
Senator Dyson asked the percent of sex offenders who are female.
Ms. English commented that the number of female sex offenders is
less than ten percent. However, "the reporting rate for those who
have been victimized by women is even lower than the" reporting
rate of those victimized by men.
Senator Dyson voiced being surprised that approximately one-third
of the victims in Alaska are male child victims. He asked whether
this percentage was similar to that experienced in Colorado.
Ms. English affirmed that it was.
Senator Olson noted that Alaska has "a disproportionate number of
Alaska Natives" incarcerated. Therefore, he inquired whether the
study could provide a breakdown in this regard.
Ms. English asked for clarification whether the question is in
regard to cultural differences.
Senator Olson affirmed.
Ms. English replied that the Containment Approach "is culture
neutral". There is no reason to think it would not work uniformly.
Senator Dyson remarked that alcohol is involved in a
disproportionate number of violent and sexual crimes in Alaska. He
asked whether this is reflected in the research.
Ms. English replied that, "lots of times there is alcohol and drugs
involvement". Offenders often attempt "to get victims intoxicated".
Even were alcohol or drug use to be a concern of a sex crime, "the
substance abuse would be secondary" to the "sex crime". It would
get treated, but it is not "an excuse".
Mr. Jinks interjected that from a Polygraph standpoint, alcohol and
drugs are not a common factor in child molestation cases; however,
they are often a component in rape cases.
Ms. Heil added that many offenders intended to commit a sexual
assault. "They took drugs to boost their courage to go ahead and
act out". Alcohol and drugs could make victim more vulnerable.
Therefore, alcohol gets involved in many ways. "It is a unique
issue in and of itself". The sex offending issue must be addressed,
and if substance abuse "is a risk factor in their pattern of
behavior", it must also be addressed.
Senator Dyson stated that, according to the information regarding
recidivism rates, it appears that child molesters with male victims
have more victims.
Ms. English replied that research "suggests that".
Senator Dyson noted that this population also appears to have a
higher recidivism rate.
Ms. English stated that, "they seem to get caught more". "It's hard
to know; but child molesters with male victims often are
perpetrating outside the family". She referenced the statement
distributed earlier by Ms. Heil that was written by the child
molester, which specified how a child was "set up". In her opinion,
"the recidivism rates make more sense" when the crossover"
information is considered, as it clarifies "how busy they are".
Senator Dyson inquired regarding the purpose of this presentation.
He assumed that the purpose was to develop a similar approach in
this State.
Commissioner Antrim affirmed. He stated that the Department would
be implementing a pilot program in Anchorage in the summer of 2005.
The sex offender assessment portion of the program has already been
conducted. This would be tied in with the treatment, polygraph, and
supervision components. A $500,000 increment is included in this
year's budget to support the program.
Senator Dyson asked whether the three consultants services would be
utilized.
Commissioner Antrim affirmed that they would serve in a "guide"
capacity in getting the State's program established. The State
would have its own in-State personnel.
Co-Chair Wilken understood therefore that an associated increment
would be forthcoming in the FY 06 budget.
Commissioner Antrim affirmed. He thanked Committee Members for the
opportunity to present the information to them. "Protecting
children is one of this Administration's biggest efforts…". It is
the Department's "single most important thing we can do to do
that". The Containment Approach would prevent more victims. The
approach has wide-ranging implications at the Department and the
community level.
Co-Chair Wilken thanked the Department and the presenters for the
information.
ADJOURNMENT
Co-Chair Wilken adjourned the meeting at 10:34 AM.
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