Probation Department Policy/Procedure Manual

1.42 Sex Offender Caseload Procedure

Location Adult Services
Section Specialty
Subject 1.42 Sex Offender Caseload Procedure
Purpose Sex Offender Management Program Containment Model
Effective Date 8/1/2019
Previous Effective Date

 

​PC290.09(a)(1): Every sex offender required to register pursuant to sections 290-290.023, inclusive, shall, while on parole or formal probation, participate in an approved sex offender management program, pursuant to sections 1203.067 and 3008.

PC290.09(a)(2): The sex offender management program shall meet the certification requirements developed by the California Sex Offender Management Board (CASOMB) pursuant to section 9003.

  1. It is a MANDATORY collaboration between the supervising probation officer, certified sex offender treatment provider and polygraph examiner. 
  1. The management team must communicate a minimum of one time a month to review the offender’s:
    1. Progress in treatment and supervision
  • Dynamic risk assessment issues
  • Polygraph exams
  1.  The Containment Model Management meetings also assist in the following:
  • Vastly improves communication among the agencies involved
  • Promotes the exchange of expertise and ideas
  • Facilitates the sharing of information about specific cases
  • Increases team members’ understanding of the roles and              responsibilities of each member
  • Most importantly, it fosters a unified and comprehensive approach to the management of sex offenders in the community
    1. It is a CASE ASSIGNMENT
      1. All registrants pursuant to PC 290 will be assigned to the sex offender caseload except for PRCS offenders.
      2. All sex offense cases that are non-registerable but are ordered to participate in sex offender counseling and/or polygraph examinations will be assigned to the sex offender caseloads except for PRCS offenders.
      1. The Supervising Deputy Probation Officer (SDPO) assigned to the unit supervising the Sex Offender Caseloads will assign the cases to the Deputy Probation Officers (DPO) assigned to the sex offender caseloads.
      1. The SDPO will enter into Monitor the appropriate Track of PC 290 or Sex Offender depending on registration requirements. 

      * Offenders on a current grant for failure to register will be assigned the Sex Offender Track. 

      LEVEL OF SUPERVISION

      1. The assigned SDPO will review the case to determine level of supervision.  The officer will review the related police report, PSI report, and available risk and needs assessment tools.
      1. Cases are to be overridden so that the highest score out of the following risk assessment tools; LSI-R, LS/CMI, Stable 2007, or the Static 99, will be the score to use.  The Static 99 is not to be used for an offender if no victim is identified. When this occurs, the SDPO will use either the LSI-R (on older cases that have not been rescored using the LS-CMI) or LS-CMI results before assigning a supervision level. 
      2. Sex offender and/or PC 290 registrants supervision contact and caseload management standards will apply per the assigned supervision level.

       

      1. Risk and Needs assessment tools
      1. LSI-R levels of risk
      • Low Risk, 0-24
      • Medium, 25-31
      • High, 32+

       

      1.  Static 99 (broadly, if a victim was identified) describes an offender’s static (unchanging) risk to reoffend.  Static 99 assessments are done during Investigations.  This assessment is used with male offenders only.
      • Very Low Risk, Category I, scores -3,-2
        • Below Average Risk, Category II, scores -1,0
        • Average Risk, Category III, scores 1, 2, 3
        • Above Average Risk, Category IV-a, scores 4, 5
        • Well Above Average Risk, Category IV-b, scores 6+

       

      1. LS/CMI (Level of Service/Case Management Inventory) is a more generalized tool to predict risk of future violence.  The assessment is conducted by the sex offender treatment provider for both men and women offenders.  The supervising officer shall continue scoring using the LS/CMI to ensure inter-rater reliability.  Should the scores fall outside of two points, the supervising officer and the treatment provider shall discuss the scores to determine the final score.
      • low risk, scores 0-19
      • medium risk, scores 20-25
      • High risk, scores 26+

      *Provides more accuracy to level of supervision for female offenders

      1. Stable-2007 is an assessment tool that measures dynamic (changeable) factors, such as skill deficits, predilections and learned behaviors that correlate with sexual recidivism.  The assessment is conducted by the sex offender treatment provider; only for male offenders.  The treatment provider has 120 days from the initial interview to complete. 

      * LSI-R, LS/CMI and Static 99 assessments will be reviewed for overall risk score of low, medium and high. 

      *Treatment provider must share the risk scores and information regarding scoring to the supervising officer within 30 days of scoring the tool. 

       

      OVERRIDING CASES

      The SDPO shall use the highest risk score after reviewing the scores produced from the assessment tools.  Should the Static or Stable be of greater risk outside the LS/CMI, the case is to be overridden to match in order to provide appropriate supervision and better organize the caseload for polygraphs.   Additionally, the supervising officer shall consider the offender’s lack of progress in treatment and polygraph warning flags.

      SEX OFFENDER TREATMENT

      PC1203.067(b)(2): Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed.

      *Treatment for Failures to Register cases will be assessed on a case by case basis by the treatment provider.

      Reasons for termination from treatment may include the following:

      1. Graduation
        • Completes all assignments in all phases and scores a minimum of 80 in knowledge acquisition points.  Receives a letter of completion. 

       

      1. Max Benefits

       

      • Completes all assignments and has a score of at least 50 in knowledge acquisition points.  Does not receive a letter of completion. 

       

      1. Suspension

       

      • Disciplinary removal from the program with an option to return following Probation sanction.

      *Should an arrest occur please notify treatment provider as soon as feasible

       

      1. Termination

       

      • Excluded from treatment and will go before the court for non-compliance.

       

      *Additional reasons for Suspension that are used infrequently and are based on a case to case basis include, Incarceration on a separate case, Medical and Administrative transfer.

      *Administrative suspension or transfer includes failure to pays.

       

      PROCEDURE ON POLYGRAPHS

       

      The primary goal of the polygraph is to increase public safety by increasing the validity to risk-assessment, risk-management, and treatment-planning decisions made by professionals who provide supervision and sex-offense specific treatment to convicted sex offenders in the community.

      1. The following are the objectives of the polygraph exams;
      1. Increased disclosure of problem behavior.

       

      1. Deterrence of problem behavior by reporting information to the supervising officer.

       

      1. Detection of involvement in or abstinence from problem behavior that would alert to any level of threat to the community or potential victims. 

       

      1. These are the four types of polygraphs commonly used in the order of importance:
      1. Maintenance
      • Most commonly used during the grant of probation

       

      1. Instant Offense
      • Commonly used when an offender is still in denial

       

      1. Thoughts and Fantasies
      • Commonly used when an offender would like to have contact with a population or family member that falls under the category court ordered not to and probation has discretion

       

      1. Sexual History
      • Should be the initial polygraph

                  * However, was least commonly used due to limit on polygraphs

       

      1. Frequency and Scheduling of Polygraphs

       

      1. Polygraphs will be scheduled during containment meetings based on risk score and need.

       

      1. Need is based on any findings during a compliance check and/or progress in treatment.
      2. Ideally, polygraphs are conducted twice a year then once every year of their grant.  On non-compliance cases a maximum of four a year. 

       

      ELECTRONIC MONITORING

       

      Pursuant to PC 1202.8, every person who has been assessed with the State Authorized Risk Assessment Tool for Sex Offenders pursuant to PC 290.04, and who has a SARATSO risk level of high shall be continuously electronically monitored while on probation, unless the court determines that such monitoring is unnecessary for a particular reason. 

       

      Using the Static 99 risk assessment tool, the following is considered “High”:

      1. Above Average Risk, Category  IV-a, scores 4, 5
      1. Can be considered “high” on a case by case basis, not state mandated for everyone within this score range
      2. Will need term ordered
        1. Well Above Average Risk, Category IV-b, scores 6+
      1. State Mandated

       

      DUTIES OF LEGAL CLERK ASSIGNED TO SED OFFENDER UNIT

       

      Opening Events: Identification and Eligibility

      1.    Legal clerks will identify new cases by the following criteria and refer them to the Supervisor:

      a.    All court ordered PC 290 registration cases, including failures to register with a current order to register and attend sex offender treatment.

      b.    All non-290 probationers ordered to sex offender treatment or to polygraph

      • In some instances, the sex crimes alleged are pled down to a lesser charge.  These cases shall be reviewed by the Supervisor on a case by case basis for appropriate supervision assignment.

       

      1. Legal clerks will also ensure the terms and conditions will be standardized/consistent, as ordered. 
      1. R: Must be registered-PC 290

       

      1. X: Sex Offender Treatment required

       

      1. Sex Offense/Undergo Routine Polygraph exams

       

      Upload all initial assessments, provider progress and completion reports into Monitor.  (SO Unit Clerk)

      Specialty Court Clerk receives all documents from the Provider and uploads into Monitor for all offenders

      Transmits the provider’s SARATSO form(s) to DOJ Per the SARATSO form, enter the provider’s STABLE or LSCMI score, level and date assessed, as appropriate, as an Assessment.  If a subsequent STABLE assessment is provided, enter a new Assessment.