DISCLOSURE/ADVISEMENT
NOTICE TO ATTORNEYS,
DEFENDANTS, MINISTERS*,
AND PSYCHOTHERAPISTS CONCERNING
SEX OFFENDER SUPERVISION
AND TREATMENT
(*The term minister is meant to include religious
and/or spiritual persons who may be involved in supporting an offender during
the time that they are under the supervision of the Court.)
Your client has either been convicted of a sexual
assault offense or has indicated his/her willingness to plead guilty. You need
to be aware that any community-based sentence will require the client's
participation in sex offender treatment. Sex offender treatment is relatively
new, so it's methods are often misunderstood, even by otherwise highly
qualified attorneys and therapists. Attorneys often are alarmed by what they
hear about this treatment. Psychotherapists, not familiar with the literature,
typically feel that such methodology is contrary to basic therapeutic
techniques. Some ministers fear the therapy doesn't allow for the client's
spirituality. Sex offender treatment challenges offender's perceptions and way
of thinking. They often complain about the personal discomfort they experience,
exacerbating the concern of their support system. This treatment has proven to
be effective in reducing 'the risk to pubic safety, while at the same time
enhancing the number of defendants receiving community based sentences for sex
offenses. It is important for all
persons to know from the beginning that the offender will undergo treatment
different from traditional psychotherapy.
DIFFERENCES
IN THE TREATMENT:
The criminal justice system chooses the
treatment provider NOT the defendant.
Offenders often feel they should have the right to choose the therapist
that makes them most comfortable. But,
because sex offender treatment is not yet taught in graduate schools, and
because the criminal justice system has the responsibility to protect the
public, the criminal justice system has to make certain the therapy used will
actually enhance community safety. Thus,
all persons convicted of sexually related offenses will be required to attend
treatment with a therapist approved by the probation officer and listed as approved
by the Colorado Sex Offender Management Board.
The probationer will be responsible for payment of all treatment related
bills.
Mandated treatment has a poor
reputation in mental health circles. But experience has shown that a) this
process takes years, not weeks or months, b) offenders often feel uncomfortable
during this process, c) offenders will believe they are "cured" long before
they are ready to be released from treatment. As a result, offenders drop out
before they have realized the benefits of this treatment unless they are required
to attend by the court.
Lack of confidentiality. Confidentiality is a cornerstone of
traditional therapy. But sex offender treatment involves the probation
officer/community corrections agent, the victim's therapist, the social
services worker, and others. No one will be revealing the personal business of
the client to persons with no need to know, but each client in sex offender
treatment is required to waive his/her right to confidentiality. The exact
nature of that waiver varies slightly among treatment agencies.
Goals. Setting
treatment goals has traditionally been done by the therapy client. In sex offender treatment, history has proven
that the client is incapable of setting treatment goals that are in his/her, or
the community's best interest. Thus,
the community management team sets those goals. The team establishes the value
that sexual abuse is harmful and the client must change attitudes and behaviors
that may lead to a re-offense.
Trusting the client has always been the basis of psychotherapy.
The client has been regarded as the best source of information even when there
has been suspicion the clients perception might not be reliable. After all, it
was the client's perspective that mattered most. But sex offenders` invalid
perceptions are often a precursor to offending behavior, and to realign the
client’s perspective closer to reality is one of the treatment goals. To do so requires that the therapist rely on
other sources of information, and by implication to withhold trust from the
client. Experienced sex offender
therapists can do this while continuing to treat the client with respect.
Rescuing. Experienced sex offender therapists will not
rescue the client from legal consequences for his/her behavior. They will
report probation and program violations to the criminal justice system.
Confrontation. Sex offender treatment involves the
challenging of the offender's perceptions and beliefs. This confrontation is uncomfortable for the
offender but has proven to be necessary for the offender to truly gain insight
into his/her behavior.
Group therapy. Effective sex offender treatment must be done
in group therapy. Individual therapy it
is too easy for an offender to manipulate even experienced, competent
therapists. Group members have “been
there” themselves and can effectively confront and support the new group
member.
Admission. The client must admit he or she engaged in
the INAPPROPRIATE, UNLAWFUL SEXUAL BEHAVIOR THAT IS THE UNDERLYING FACTUAL
BASIS FOR THE OFFENSE TO WHICH HE OR SHE PLED GUILTY, PLED NOLO CONTENDERE,
ENTERED AN ALFORD PLEA or OF WHICH HE OR SHE WAS OTHERWISE CONVICTED. It is impossible to teach a person to
control a behavior he/she says has never been practiced.
Physiological monitoring. The client will be required to undergo
polygraph and or plethysmograph assessment periodically as directed by
probation officer and/or therapist.
Legal discovery materials:
Following conviction, an offender will not be allowed to possess or view
discovery materials of any kind because such materials may be sexually
arousing.
Additionally, special conditions
of probation may be imposed which will result in limitations and changes in the
client’s current lifestyle. Additional
conditions of probation will include but are not limited to: no contact with children, including no or
restricted contact with their own children as ordered by the court, no
consumption of alcohol or of any illegal substance for personal use or for the
purpose of grooming a victim, residence approval by the supervising probation
officer, registration as a sex offender and genetic marker (DNA) testing.
! Per statute, offenders will be
required to comply with an offense specific evaluation prior to
sentencing. This must be done by a court
or probation approved agency or provider who is registered with the Sex
Offender Management Board. In addition,
if ordered by the court, the offender will be required to be evaluated to
determine if he or she is a sexually violent predator. Offenders living out of state may, therefore,
be required to remain in, or returned to
! Discovery Materials. Once a conviction has been entered, it is
inappropriate for an offender to possess discovery materials as they may be
sexually stimulating for some offenders and could constitute a violation of
probation.
I have read and understand the above provisions.
___________________________________ __________________________________________
Date Signature
of Offender
FY2001 REVISED
JDF 444P R04/01 DISCLOSURE/ADVISEMENT FORM