Conditions of Sex Offender Supervision
Those knowledgeable in the field of sex offender treatment and supervision agree that a sex offender’s life needs to be structured in such a way to minimize re-offense. Sex offenders are known to be manipulative and secretive; their outward appearance and conduct does not usually reveal their sexual deviancy and/or criminality.
Conditions preventing contact with the victim of the offense, preventing contact with males and females under the age of 18, completing sex offender treatment, submitting to regular polygraph examinations, registering as a convicted sex offender, prohibiting the use of pornography, restricting intimate relationships and prohibiting alcohol and drug use are essential tools in supervising sex offenders. It is common to have these conditions imposed by the Court in probation cases and by the releasing authority in cases of parole or post-prison supervision.
Following is a description of some of the common conditions imposed on sex offenders by the Court or the Oregon Board of Parole and Post Prison Supervision:
Understanding what “no contact” means is essential to the offender as well as his support system. Failure to comply will result in a consequence that is typically determined during staffing between the therapist and the parole and probation officer. “No contact” means that it is the offender’s responsibility to make every attempt to avoid contact with children. This means no telephone calls, no letters, no notes, no face-to-face meetings, no gifts and no messages through another person. It is the offender’s responsibility to make arrangements to avoid contact with children if going to a place where children might be present such as a church, hospital, doctor’s office, parole and probation office. Other places are strictly “off limits” for sex offenders and include playgrounds, community swimming pools, skating rinks, schools and video arcades.
Offenders required to complete sex offender treatment must do so with an approved provider in Deschutes County. This department has established written protocol for the treatment of sex offenders which requires the treatment providers to comply with ATSA (Association for the Treatment of Sexual Abusers) standards. Offenders are referred to treatment immediately after their placement on supervision or release from custody. They must sign a written treatment contract which identifies treatment rules, expectations and consequences of non-compliance with rules. All violations of the treatment contract and/or supervision conditions are discussed between the therapist and supervising officer and a joint decision made regarding appropriate consequences. All requests for contact with minors must be submitted on a “Visitation/Contact” form and must have the approval of the legal guardian of the minor, the treatment provider and the parole and probation officer. Treatment fees vary with each provider and the offender is required to pay the fee directly to the therapist. Treatment generally takes place in a group setting with the group meeting for two hours one day per week. Additionally, offenders are required to meet with their therapist on an individual basis as needed. An offender’s spouse or significant other is also required to meet with the therapist. It is imperative that an offender’s support system be aware of their abuse history as well as their conditions of supervision so that they can provide appropriate support and accountability. In order to successfully complete treatment, offenders are required to attend group and individual sessions, complete all homework, assignments and directives of the therapist. This process takes an average of three years.
Because sex offenders tend to be manipulative and secretive, polygraph examinations are an essential tool in their supervision and treatment. A full sexual history or discovery polygraph is completed during the first phase of treatment, usually within three of four months of entering group therapy. The discovery examination gives the treatment provider and the parole and probation officer a fairly accurate picture of the offender’s deviant sexual history. Offenders are subsequently required to take a maintenance examination every six months to assist in evaluating their compliance with conditions of supervision and with treatment. Special issue polygraphs are occasionally required, especially when an offender continues to be in denial of the offense of conviction. Polygraphers must be licensed by the American Polygraphers Association (APA) and must have completed the sex-offender specific training presented by the APA. Examination payment is the offender’s responsibility and is made directly to the examiner.
Oregon Revised Statutes 181.592 through 181.607 explain the registration requirements for both adult and juvenile sex offenders, what information regarding a registered offender can be given to the public upon request, the consequences for failure to register as a sex offender, and the process for obtaining relief from registration.
ORS 181.594 lists the offenses which fall under the registration law. They are as follows: Rape in any degree, Sodomy in any degree, Unlawful Sexual Penetration in any degree, Sexual Abuse in any degree, Incest with a child victim, Using a Child in a Display of Sexually Explicit Conduct, Encouraging Child Sexual Abuse in any degree, Transporting Child Pornography into the state, Paying for Viewing a Child’s Sexually Explicit Conduct, Compelling Prostitution, Promoting Prostitution, Kidnapping I if the victim was under 18 years of age, Contributing to the Sexual Delinquency of a Minor, Sexual Misconduct if the offender is at least 18, Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree, Kidnapping II if the victim was under age 18, except by a parent or by a person found to be within the jurisdiction of the juvenile court; any attempt to commit any of the above crimes; burglary when committed with the intent to commit any of the above offenses, Public Indecency or Private Indecency, if the person has a prior conviction for any of the above offenses.
ORS 181.595 outlines the timelines for registration compliance. A person who is required to register as a sex offender must do so within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release. “The person shall report, in person, to the Department of State Police, a chief of police or a county sheriff or to the supervising agency, if any.” In Deschutes County, offenders report to the Oregon State Police for registration purposes. The State Police collect the necessary information and send the packet to the Oregon State Police Registration Unit in Salem. The Bend Oregon State Police office keeps a separate file on the registered offender. Following their initial registration, offenders are required to register in person within ten days of their birthday each year and within ten days of any change in residence.