Offender Policies Research Articles

A Content Analysis of Sex Offender Registries: The Influence of the Sex Offender Registration and Notification Act (SORNA) on Registry Information

Sex offender registries contain information available for public access through websites. In 2006, the Sex Offender Registration and Notification Act (SORNA), a core piece of the Adam Walsh Act, was introduced to overhaul the disparate SORN systems across states. Although instrumental in systematizing the sex offender policy, there has yet to be a sufficient investigation into SORNA’s effects in shaping public website registry requirements. Our quantitative content analysis of 50 state sex offender online registries categorized the 88 identified registry elements into seven mutually exclusive features: liability concerns, dissemination of information, mapping features, search features, listing details of registrants, offense information, and victim information. Findings show that states largely share many common registry elements, with multivariate analyses suggesting SORNA-compliant registries are more likely to publicly share eight elements specifically relating to registrants’ search and listing features and offense location.

Deinstitutionalization and mental health of the deprived of liberty with mental disorders: the Rio de Janeiro, Brazil experience.

This paper presents an experience report on the supervision of deinstitutionalization of the prison system through the articulation of the Psychosocial Care Network (RAPS) conducted from 2014 to 2021 within the Superintendence of Mental Health/Municipal Health Secretariat of Rio de Janeiro. This work of deinstitutionalizing people deprived of liberty with mental health problems consists of actions at the exit and entrance doors of the prison system and actions for the care of unimputable and imputable people with mental disorders. In the light of the Brazilian Psychiatric Reform, formalized by Law No. 10,216/2001, we aim to present an approach to this process counting on the possibilities of building care policies for insane offenders that are not punitive or segregating. The practical results of this work include more significant participation of the network in the construction of care for insane offenders, elaborating policies that avoid the prison career or reduce the asylum time in the penal system, and understanding that security measures must always have an outpatient nature.

Desinstitucionalização e saúde mental de privados de liberdade com transtornos mentais: a experiência do Rio de Janeiro, Brasil

Abstract This paper presents an experience report on the supervision of deinstitutionalization of the prison system through the articulation of the Psychosocial Care Network (RAPS) conducted from 2014 to 2021 within the Superintendence of Mental Health/Municipal Health Secretariat of Rio de Janeiro. This work of deinstitutionalizing people deprived of liberty with mental health problems consists of actions at the exit and entrance doors of the prison system and actions for the care of unimputable and imputable people with mental disorders. In the light of the Brazilian Psychiatric Reform, formalized by Law No. 10,216/2001, we aim to present an approach to this process counting on the possibilities of building care policies for insane offenders that are not punitive or segregating. The practical results of this work include more significant participation of the network in the construction of care for insane offenders, elaborating policies that avoid the prison career or reduce the asylum time in the penal system, and understanding that security measures must always have an outpatient nature.

Rural residents' emotions, beliefs, and sources that influenced those beliefs regarding sex offender policies, practice, and the efficacy of treatment.

Public perceptions regarding a sex offender's likelihood to reoffend and the efficacy of sex offender policies and practices is often inconsistent with the extant literature in academia. Thus, there is a critical need to better understand what influences those beliefs regarding sex offender policies and practices. We collected data from 284 residents from government defined rural counties and sought to examine: (1) the sources that were most influential in shaping their beliefs regarding sex offender policies and practices; (2) what characteristics the "influential sources" had; and (3) the residents' emotional response when they think about "sex offenders". The majority of participants were supportive of registration, community notification, and use of the polygraph. Further, the results suggest that "academics and peer review articles" rarely influence beliefs. Rather, "personal experiences" and the emotions "rage" and "sadness" (but not anger or disgust) may be important in influencing rural residents' beliefs regarding sex offender treatment, castration, execution, and misconceptions regarding juveniles with a sex offense. We conclude by discussing: (1) potential factors that may affect why academics are not perceived as influential sources; and (2) possibilities for how scientists can influence rural residents' beliefs by utilizing personal experiences and anecdotal information that may spark emotion.

The Role of Ambivalent Sexism, Punitiveness, and Ability to Recognize Violence in the Perception of Sex Offenders: A Gender-Perspective Analysis

Sexual violence is a public health problem that affects not just the victim, but the offender and the surrounding communities. Research shows that public perceptions regarding the perpetrators of such offenses are of critical importance since citizens’ insights are a major force in the creation and implementation of sex offender policies. This study aimed to analyze, from a gender perspective, public perceptions about sex offenders in an Italian population sample (N = 768; 62.0% women, M = 32.8 years old). To do so, the Perceptions of Sex Offenders Scale (PSO) (α = 0.82) was used. The explanatory variables included in the study were the General Punitiveness Scale (GPS), the short versions of the Ambivalent Sexism Inventory (ASI), and the Ambivalence toward Men Inventory (AMI), as well as awareness about subtle forms of violence. Results showed that women reported higher levels of sex offenders’ risk perception. At the same time, it was found that men outscored women on the endorsement of stereotypes toward such perpetrators. Finally, findings revealed similarities and differences between women and men regarding correlates of perceptions about sex offenders. Implications for research and public policy in this area are discussed.

Exploring the effectiveness of school-proximity residency restrictions for sex offenders

ABSTRACT Since the early 1990s, federal and state legislation restricting the residency options of convicted sex offenders has been justified on the basis of protecting vulnerable populations while deterring future criminal opportunities. While many of these policies maintain public support, recent empirical inquiries have begun to question their effectiveness and appropriateness. Using data from registered sex offenders’ residences in three mid-western states, we explore the effect residency restriction laws have on preventing sex offenders from residing within proximal distance to elementary schools. Preliminary results indicate that sex offenders on average do not reside significantly closer or farther away from elementary schools in states with different proximal distance requirements, but that sex offenders reside significantly closer to elementary schools in neighborhoods with lower socioeconomic status. We conclude that residency restriction policies for sex offenders should be reconsidered in light of these results.

Toward a Focused Conceptualization of Collateral Consequences Among Individuals Who Sexually Offend: A Systematic Review

Despite speculation regarding the role of collateral consequences of sexual offender policies in psychosocial and criminogenic outcomes, there has been no empirical analysis in the extant literature examining these links. Lack of conceptual underpinnings and no psychometrically valid measure of collateral consequences has limited study in this area. A systematic literature review was conducted to assess the state of measurement in terms of conceptual and operational definitions, populations sampled, domains assessed, items used, and scale properties reported. Nineteen studies met inclusion criteria. Themes emerged regarding commonly assessed collateral consequences, the misconnect between legal and psychological conceptualizations of collateral consequences, the division between external (i.e., social) and internal (i.e., affective) collateral consequences, as well as a trend toward emphasizing the psychological damages (in addition to discrete experiences of loss) associated with a sexual offense. Findings are discussed, and a unifying definition of collateral consequences is proposed to guide future scale development.

Dangerous Times? A Routine Activities Examination of the Temporal Patterns of Sexual Offenses over Time

Despite environmental criminologists emphasizing the role that both space and time play in the occurrence of crime, there is still only a small literature on the temporal rhythms of criminal behavior, especially those of sexual violence. Drawing from routine activities theory, this research uses circular statistics to investigate the temporal patterns of 2,260 sexual offenses from a Canadian police database at the seasonal-, monthly-, daily-, and hourly-levels, as well as their consistency over time. Findings suggest that there is a distinct temporal pattern when the unit of analysis is at the seasonal-, monthly-, and hourly-levels, but not at the daily-level. Furthermore, these temporal patterns are relatively consistent from year-to-year. These conclusions support the legitimacy of including a temporal element into current geographically-based sexual offender policies and practices. Pragmatically, these findings may also be used to better inform policing and situational crime prevention efforts to reduce the incidence of sexual crimes.

Do Views on Sex Offending Vary by Nationality? A Comparative Analysis of Community Sentiment Toward Sex Offense Legislation in the United States and United Kingdom.

Much attention has been paid to the examination of community sentiment regarding convicted sex offenders and the policy that governs these offenders' behavior. This literature, however, has largely been absent of international comparisons of sex offender community sentiment. The current study seeks to fill this gap by drawing from the results of surveys (n = 333) conducted in both the United States (US) and the United Kingdom (UK). Results indicate that sex offender policy is generally supported in both the US and the UK. Contrary to our expectations, we found that participants from the UK were less tolerant of sex offenders residing in their neighborhoods than participants from the US. Additionally, there is support for the notion that sex offender policy holds a symbolic value for both study locations. Theoretical and practical implications of these findings are discussed.

Effect of behavioral health services and neighborhood disadvantages on recidivism: a comparison of mental health court and traditional court participants

This study investigates the impact of behavioral health services and neighborhood disadvantage on recidivism among offenders with mental illness in mental health courts (MHCs) and in traditional courts. Although treatment is believed to lead to reduced recidivism for offenders with mental illness, little research has been conducted with MHC participants. Furthermore, neighborhood disadvantages are known to influence recidivism generally, but environmental factors have not been examined in the MHC context. Data from the MacArthur MHC study were analyzed including 741 offenders with mental illness. Multilevel negative binomial regression was used to investigate individual and neighborhood level variances on recidivism and to control for the over-dispersion data. Neighborhood disadvantage data were obtained from the American Community Survey linked with residential data from participants. MHC participants received more behavioral health services of all types than the treatment as usual (TAU) group with the exception of substance abuse case management. However, MHC participants lived in the more disadvantaged neighborhoods compared to the TAU group. MHC participants receiving substance abuse therapy were more likely to be arrested compared to the MHC participants without this therapy. A significant effect of neighborhood disadvantage on arrests was found across all study models. Professionals should recognize the importance of issues related to treatment-related variables and neighborhood disadvantages to develop, provide, and implement innovative interventions for offenders with mental illness. Understanding behavioral health services and neighborhood disadvantage associated with recidivism can help to more efficiently target research, practice, and policy for offenders with mental illness.

O trabalho do psicólogo com grupo de adolescentes em privação de liberdade

Nas políticas de atendimento aos adolescentes em conflito com a lei, evidencia-se a presença obrigatória do psicólogo nas equipes multidisciplinares de atendimento socioeducativo, cabendo a esses profissionais diferentes formas de atuar e, sobretudo a reflexão sobre o seu papel nesse sistema. Assim, este artigo discute a intervenção psicológica com grupos de adolescentes nas unidades de privação de liberdade a partir de um relato de experiência. Notou-se a necessidade entre os adolescentes de compartilharem as suas experiências com drogas, violência e tráfico, aspectos que constituem o que chamam de “mundo do crime”. Assim, entende-se fundamental para a coordenação de grupo com adolescentes em privação de liberdade o reconhecimento de suas histórias e experiências, considerando a postura ética que o profissional psicólogo deve assumir ao conduzir o trabalho grupal, cujo objetivo central é proporcionar um espaço de acolhida para discussão e reflexão coletivas.

The Duality of Stigmatization: An Examination of Differences in Collateral Consequences for Black and White Sex Offenders

Isolating particular groups of individuals is nothing novel within American society, and two prevalent examples of this are the historical and current treatment of Blacks and sex offenders. To date, few studies have examined how race is related to sex offenders’ experiences, never mind how race compounds the effects of social stigmatization for registered sex offenders (RSOs). Using a statewide sample of RSOs (n = 306), the primary goal of this study is to examine how race is related to sex offenders’ experiences and perceived stigma are impacted by sex offender policies. Findings showed significant differences in the experiences and perceptions of Black and White sex offenders. Specifically, Blacks reported fewer experiences of collateral consequences, and overall a lower degree of perceived stigma. Implications are discussed.

How Background Relates to Perceptions of Child Sexual Abuse Prevention and Policies Related to Individuals Convicted of Sex Crimes

Although research has examined perceptions of child sexual abuse (CSA) prevention and the efficacy of sex offender policies (SOPs), less research compares these perceptions between different backgrounds. We explore these perceptions among North Carolina stakeholders with backgrounds related to (a) victims of CSA, (b) individuals convicted of sex crimes (ICSCs), and/or (c) law enforcement and policymakers. Specifically, we examine how these backgrounds differ in the perceived efficacy of (a) the ability to prevent CSA, (b) containment-based SOPs, and (c) assistance-based SOPs. We find that the victim-focused background was the most optimistic that CSA prevention is possible, and the law and policy background was the most pessimistic. Furthermore, the ICSC-focused background was the least likely to believe in the effectiveness of containment-based strategies and the most likely to believe in the effectiveness of assistance-based strategies. An overlapping victim-and-ICSC background consistently fell in between the views of victim-only and ICSC-only backgrounds.

Paying to Be Punished: A Statutory Analysis of Sex Offender Registration Fees

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from formal community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n = 28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed.

National Policy for Comprehensive Health Care for Adolescents Deprived of Liberty: an analysis of its implementation.

The realization of the right to health of adolescents and young people deprived of their liberty in Brazil is a complex task that places us before health inequities and interventions on their social determinants of health. Therefore, this study sought to contribute to a discussion about the right to health of this population, based on the analysis of the implementation of the Comprehensive Healthcare Policy for Adolescent Offenders (PNAISARI). This is an analytical approach, using documentary analysis of legal frameworks and policy monitoring and evaluation data. In short, the results suggest that the policy strengthens the realization of the right to health of this population. However, its implementation must be promoted and qualified so that access to health care is, in fact, a reality in all states and municipalities.

Sex Offender Management Policies and Evidence-Based Recommendations for Registry Reform.

The goal of this paper is to improve evidence-based sex offender management systems through an understanding of the research findings related to the stated goals and unintended consequences of such laws. Assessment tools using factors derived from research studies can improve the identification of higher-risk sex offenders, so that more intensive or restrictive interventions can be tailored to those who pose the highest threat to community safety. After substantial time offense-free in the community, even higher-risk offenders become less likely to reoffend, suggesting that registration durations can be modified to utilize resources more efficiently. Several strategies for applying the evidence base to inform the utility, efficiency, and cost-effectiveness of sex offender policies include (1) use of empirically derived risk assessment tools to classify offenders and modify registration requirements accordingly, (2) removal of juveniles from registries; and (3) elimination of residence restrictions.

When a Sex Offender Comes to Visit: A National Assessment of Travel Restrictions

The present study examines the registration requirements for registered sex offenders traveling from their resident state to another state for business or pleasure. The author contacted each state’s primary Sex Offender Registration and Notification (SORN) office to obtain the required registration requirements for nonresident sex offenders, as well as where and how nonresident sex offenders can obtain this information prior to visiting that state. The findings indicate that registration requirements and residence restrictions vary significantly by state for nonresident registrants. While not surprising given that numerous studies have highlighted that sex offender policies produce unique and severe challenges for all sex offenders in the United States. This study, however, suggests that nonresident sex offender policies are potentially another collateral consequences for registrants. Most notably, there is significant variation in the number of days a registered sex offender has to register in any given ...

Turning a Blind Eye: Public Support of Emergency Housing Policies for Sex Offenders

In this study, we examine the influences of citizen decision making in the context of four policy scenarios that would affect the living conditions of sex offenders (SOs) residing at an "emergency shelter" budget motel. We surveyed 773 citizens in an online survey about their support for four policy scenarios that would improve the living conditions of SOs: (a) at no cost to the respondent, (b) in exchange for a US$100 tax increase, and (c) by relocating SOs within the respondent's neighborhood (i.e., "in my backyard"/IMBY scenario). The fourth scenario involved moving nearby SOs into substandard housing located far away from the respondent (i.e., "not in my backyard"/NIMBY). While prior research finds that the public overwhelmingly supports punitive SO policies, we find that indifference is a mainstay of public opinion about improving SO housing conditions. That is, we find only modest levels of average support for any of the policy scenarios, and policy support decreased when increased taxes would be involved, compared with a "no cost" scenario. While no respondent characteristics significantly predicted policy support consistently across all four scenarios, some scenarios showed stark differences in support when considering specific respondent characteristics. Overall, these results suggest that what does affect support depends on the details of the policy being proposed, as well as who is considering the policy. We end by discussing the policy implications of our study for both policymakers and the public.

An Examination of Multiple Factors Influencing Support for Sex Offender Policy

The general public has an influence on the creation and implementation of criminal justice policy. There is strong public support for policies targeting sex offenders, in particular, despite resear...

The Strategies, Complexities, and Realities of Zero Prison Population Growth

Although there is general consensus that growth in the prison population should be reversed, there is little agreement on how to achieve this goal. In this paper, I apply classic demographic methods to answer questions that assess the strategies, complexities, and realities of routes to zero and negative prison population growth. Modified admissions policies have had the greatest impact on halting growth, whereas decreasing the length of sentences has had only a modest, short-term influence on the prison population size. As state and federal policy-makers consider reducing sentences for selective classes of nonviolent offenders, it is important that they have a holistic understanding of the implications of such policies. Traditionally, this type of modification has been coupled with more punitive policies for violent offenders, a pattern that reinforces the appearance of having “tough on crime” policies. Model estimates show that such strategies countervail the overall goal of decreasing the size of the prison population. Regardless of underlying reasons to halt growth of the prison populations, integration of the formal demography enable a means to assess the short- and long-term consequences of current and future policy.