Sex offender therapy in the state of Texas

Therapy

SEX OFFENDER THERAPY IN THE STATE OF TEXAS

Sex offender

SEX OFFENDER THERAPY IN THE STATE OF TEXAS

A sex offender is generally understood as an individual who has committed what is considered to be a sex crime. However, one also has to bear in mind that what constitutes a sex crime varies according to culture and region. The region that will be the focus in this paper is the State of Texas.

As Hazelwood and Warren ( 2000) state in their study of sex offenders and criminal sexual behavior, sex offences are an extremely complex form of human behavior which includes the intricate area of human sexuality as well as the areas of mental disorder and criminality (Hazelwood and Warren, 2000, p. 267). The authors note that,

A central and continuously complicating aspect is the changing and evolving nature of human and sexual behavior, which makes it very 'fluid'. This means that sexually violent behavior includes a variety of interconnected and disparate sexual crimes, from the physically violent to the non-physically violent.

(Hazelwood and Warren, 2000. P. 267)

This stresses the fact that rehabilitation and treatment can be fundamentally important factors in reducing the incidence of this form of crime and particularly in reducing the high recidivism rate of this type of crime.

It is also important to note at the outset that the Texas Legislature enacted a number of measures in 2007 which "…severely increased the punishment for sex offenders" (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS). One of those measures makes "…second convictions for first-degree "sexually violent offenses" involving victims 14 years of age or younger a capital crime punishable by death or life without parole" (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS).

Furthermore and prior to this legislation, only certain categories of murder were assigned the death penalty in the state. One of these was "….murder committed during the commission of an aggravated sexual assault" (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS). It is also important to note that under Texas law and the Texas Civil Commitment of Sexually Violent Predators Act (TCCSVPA) some categories of repeat sex offenders face additional sanctions after being released from prison. These include the allowance for "…"sexually violent offenders," who suffer from a behavioral abnormality that makes them likely to engage in sexual violence, to be committed through the courts to outpatient treatment and supervision" (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS).

In terms of the Texas Civil Commitment of sexually Violent Predators Act these offenders are also subject to intensive treatment regimens and programs, as well as limitations such as GPS tracking, housing and transportation restrictions, and the forced exclusion from child safety zones. They may also have to undergo polygraph examinations and substance use tests (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS). These restrictions also include the following:

requiring the person to reside in a Texas residential facility under contract with the council or at another location or facility approved by the council;

prohibiting the person's contact with a victim or potential victim of the person;

prohibiting the person's possession or use of alcohol, inhalants, or a controlled substance;

requiring the person's participation in and compliance with a specific course of treatment;

requiring the person to notify the case manager immediately but in any event within 24 hours of any change in the person's status that affects proper treatment and supervision, including a change in the person's physical health or job status and including any incarceration of the person.

(TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS)

Consequently, it is clear that the Texas law takes a strict and stringent view with regard to the punishment of sex offenders in the state. However, the concomitant question that is often asked in the literature is whether there are also equally intensive rehabilitation and treatment programs or programs that can prevent or reduce recidivism rates among these types of prisoners?

It must be remembered and emphasized that sexual crimes are abhorred not only by the society and public at large but also within the confines of the prison system. As a result the sexual offenders are usually housed separately due to the strong prejudice against them from the prison population. This has ramifications for treatment, rehabilitation and recidivism. It is obviously more problematic to rehabilitate and treat an offender who has become alienated and marginalized from the society as well as from the general prison population.

A contention that will be explored in this paper is that present treatment and rehabilitation process and facilities in Texas are not adequate to deal with the complex and difficult area of sex offender rehabilitation. This assertion will be tested against the facts gleaned from official reports and documentation as well as from article and studies on the subject.

These and other questions will be addressed in the overview of the literature that will form the body of this paper. These include questions such as the following: what is the size of the sex offender population in Texas; what rehabilitation services are available to sex offenders in Texas prisons; what rehabilitation services are available to sex offenders when they are released from Texas prisons; what is their rate of recidivism; what factors contribute to successful or unsuccessful rehabilitation of sex offenders in Texas and what reforms should be instituted in the Texas prison system to reduce the dangers posed by sex offenders to society?

2. Demographics of Sex Offenders in Texas

There is a registration provision that prisoners returning to society have to undergo in Texas as well as in other States. This process is outlined in a government document entitled SEX OFFENDER REGISTRATION: National Requirements and State Registries (1966). According to the Sex offender legislation "Sex offenders released from incarceration are required to register their addresses, along with other identifying information, with their resident state's law…" (SEX OFFENDER REGISTRATION: National Requirements and State Registries, 1966). The Jacob Wetterling Act ( 1994) requires all those sex offenders that have been released from incarceration to register with law enforcement, as well as requiring them to verify their address annually to the officials (SEX OFFENDER REGISTRATION: National Requirements and State Registries,1966). Furthermore, " All 50 states require sex offenders to register" and " Almost all states maintain a central registry of resident sex offenders"(SEX OFFENDER REGISTRATION: National Requirements and State Registries,1966).

These laws have made estimating the number of sexual offenders and the particular demographics of this category of offence, a more precise activity. This can be seen in the way that more correct measures and statistics have been made in recent years about offenders in states like Texas. According to a 1966 report Texas had a total of 17,555 sex offenders (SEX OFFENDER REGISTRATION: National Requirements and State Registries). Before the registration Act there had been no definitive means of ascertaining the number of sexual offenders in the state.

As an article entitled TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS notes, "Several years ago Texas had 9,000 sex offenders who had committed crimes against children in its prison system. The vast majority of those offenders will be, or have been, released because they secured favorable plea bargains from prosecutors" (TEXAS STIFFENS PUNISHMENT FOR SEX OFFENDERS). However, this number has increased considerably in the state. This is possibly due to the increased legal restrictions and the fact that all offenders have to be registered.

According to some of the latest research there are more than sixty thousand sex offenders in the State of Texas. A useful study in this regard is Sex offender list in the middle of a showdown. In this article the author, Heather Cargyle, states that Texas has the "…second-largest sex offender database in the nation, with 63,000 men and women registered " ( Cargyle, 2011). This article provides a wealth of detail and opinion on this sensitive topic.

There are many websites and online databases that provide verified data and information on this aspect. A site such as Track Sex Offenders is, for example, extremely helpful in determining the number and demographics of sex offenders in the area. According to this site there were 54402 sexual offenders in the state in 2009. This is divided into counties, with the ten counties with the most sex offenders as follows: Harris; Dallas; Bexar; Travis; Collin; Hidalgo; Denton; Fort Bend; Tarrant and El Paso (Track Sex Offenders). The cities with the highest sex offender rates included Houston, San Antonio, Dallas, Austin, El Paso, Arlington and Corpus Christi ( Track Sex Offenders).

These figures are supported by other data and resources: for example, the Texas City, TX Crime Rates & Sex Offenders Report states that are a total of 58,781 sex offenders in Texas. This yields a total of 274 sex offenders in Texas per 100,000 residents, which is 42% greater than the national average (Texas City, TX Crime Rates & Sex Offenders Report).This is an extremely high figure above the national average and tends to bolster the case for a greater focus on pre and past incarceration rehabilitation and possibly on factors that could serve to prevent the high incidence of sex crimes in the state.

3. Variables Such as Gender

There are various disparities in the overall demographics of this type of offense. As one report on the demographics of sex offenders in the United States, notes; "… although the vast majority of attention on sex crimes focuses on men as the offenders, an increased awareness of females as sex offenders has surfaced in recent years." (Female Sex Offenders, 2007) This study also adds the important proviso that, "At present, the research and literature about this unique segment of the sex offender population remains in its infancy, and there is no evidence-based guidance or other consensus about the most effective approaches to working with them." (Female Sex Offenders, 2007) Furthermore, research indicates that, with regards to statistics on adolescent sex offenders, "….females are responsible for 3% of forcible rape cases and 5% of other violent sex offenses -- and 19% of non-violent

sex offenses -- handled by the juvenile courts annually" (Female Sex Offenders, 2007).

According to this study an interesting anomaly in the statistics is that while there has been a decrease in the number of adult female sex offenders in recent years, there has been an increase in the number of adolescent girls in court for sex offences; for example in the region "… juvenile cases involving female-perpetrated forcible rapes, other violent sex offenses, and non-violent sex offenses rose by 6%, 62%, and 42%, respectively. (Female Sex Offenders, 2007)

4. Recidivism

Recidivism is defined in a 2005 report entitled STATEWIDE CRIMINAL JUSTICE RECIDIVISM AND REVOCATION RATES as follows:

… a return to criminal activity after previous criminal involvement. Since all criminal activity committed by an offender is not known, indicators of subsequent criminal activity are used to calculate recidivism rates. Some of these indicators include rearrest, conviction, probation or parole revocation, and recommitment to incarceration.

(STATEWIDE CRIMINAL JUSTICE RECIDIVISM AND REVOCATION RATES. Texas Legislative Budget Board, 2005).

In this regard, Thompson ( 2006) states that, according to figures released by the United States Department of Justice "Recidivism among sex offenders is quite high" (Thompson, 2006). In more precise terms recidivism among this group is four times more than for criminals convicted of robbery, murder, assault or other charges (Thompson, 2006). One of the many reasons or causative factors given for this high rate of recidivism is that these criminals have an innate or ingrained desire to commit certain sexual acts such as rape and molestation (Thompson, 2006). One should also bear in mind that generalizations such as above are imprecise and that there are many different categories and types as well as causes for sex offences.

This report by Thompson also states that,

According to statistics over the last forty years, fewer than 40% of sex offenders will reoffend within the next fifteen-to-twenty years. Of course, this figure only reflects sex offenders who have been caught, arrested and convicted of a second sexual offense upon release from prison.

(Thompson, 2006).

More comparative and comprehensive figures about recidivism rates over a period of time can be obtained from a report entitled Sex Offender Recidivism Analysis: A State-by-State Comparison of Recidivism Rates Between Sex Offenders and All Felony Offenders (1983-2010). This report emphasizes the fact noted above that "…recidivism rates for sex offenders is higher than any other criminal offense"… " (Caldwell, 2010). The report, for example, notes that the recidivism rates from these types of crimes increased from sixteen percent in 1988 to twenty- seven percent in 2004 (Caldwell, 2010).

As the literature points out, the question of recidivism is a complex issue that has to incorporate variables relating to treatment and rehabilitation during incarceration and after discharge. This fact is made patently clear in the article entitled Recidivism Among Sex Offenders by Thompson ( 2006).

There are many causes and numerous variables that have to be considered in the issue of recidivism. As the report by Thompson states,

The factors that predict recidivism among sex offenders are diverse, stemming from both past and current behavioral analyses. For example, sex offenders who committed incest are less likely to reofend than sex offenders who committed extrafamilial rape. However, sex offenders with mental disorders (including sociopathy) are more than ten times more likely to reoffend than sex offenders without such disorders. Other factors can include age, childhood abuse and expression of remorse.

(Thompson, 2006)

Studies also note the difficulty of definitive predictions of recidivism rates for this type of offence. One also has or bear in mind that statistics and data on recidivism rates among sex offenders can be distorted by a number of variables, including the possibility of false convictions (Thompson, 2006).

Central to the debate on this issue is rehabilitation and access to rehabilitation. This is due to the fact that the high degree of recidivism has been closely linked in many studies to the lack of rehabilitation programs and facilities. As an article by Floyd ( 2007) states; "The percentage of these 9000 offenders who will commit new sex offenses can be directly linked to the lack of meaningful treatment they will receive in the Texas Department of Criminal Justice…" (Floyd, 2007). This refers to a recognized link between treatments and rehabilitation programs and reduced recidivism rates for sex offenders. Floyd ( 2007) provides the following example;

… the State of Washington leads the nation with penal sex offender treatment programs and they offer impressive data to support those programs: 2.7% of the sex offenders who did not receive treatment and released from prison were convicted of a sexual felony within six years while only 1.8% of those who received treatment were convicted of a sexual felony within six years.

Floyd ( 2007)

Floyd criticizes the State of Texas for not providing sufficient funds for proven rehabilitation programs for sex offenders. Floyd also claims that programs to reduce recidivism make for good economic sense. He elaborates on this aspect as follows:

The economic math of this issue begs scrutiny. Let's assume that all 9000 of the Texas sex offenders cited above are released. 15% of those offenders will commit new sex offenses, or 1350 offenses, based on Justice Department statistics. Let's assume that all of them qualify for the death penalty (although that is unrealistic). State prosecutors will then select 10 to 20% of the death penalty eligible cases for prosecution. Using the minimum 10% selection rate, 135 will be prosecuted for the death penalty. Let's assume that juries will return the death penalty in 70 of those cases. Those 70 cases, from arrest to execution, will cost the State of Texas $2.3 million dollars each, according to the Dallas MORNING NEWS -- or, $161 million for all of them.

(Floyd, 2007)

The above is quoted at length as it clearly illustrates the need for rehabilitation and a reduction of recidivism from purely economic point-of-view, providing further justification for an intensification of treatment and rehabilitation programs. This is an aspect that will be further explored in the sections below.

A very useful study of recidivism among sex offenders is Recidivism of Sex Offenders Released from Prison in 1994 by Patrick A. Langan et al. ( 2003). This study summarizes recidivism reports and findings over a period of time. One of the central findings from this study is that, "Compared to non-sex offenders released from State prisons, released sex offenders were 4 times more likely to be rearrested for a sex crime" (Langan et al. 2003).

One could therefore posit on the basis of this study and many others that sex offenders are much more likely to commit the same crimes again, which reiterates and reinforces the argument for more extensive and inclusive rehabilitation programs after release from incarceration. The above study also reiterates the finding that recidivism rates for sex offences tend to differ markedly from the recidivism rates for other types of crimes.

Another fact to consider is the variable of age in the case of this type of crime. An article from the Texas department of State Health Services entitled Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates, states that, "Recidivism studies typically find that the older the prisoner when released, the lower the rate of recidivism"( Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates). However, this study also notes that this view is not always consistent. The study does however emphasize the consistent and increasingly high levels of general recidivism over all demographic variables. "Of the 9,691 released sex offenders, 3.5% (339 of the 9,691) were reconvicted for a sex crime within the 3-year period… ( Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates).

A very important fact to note, and which the above study emphasizes, is that "… there is an inherent societal assumption that the sex offender recidivism rates are a fixed rate that will not change"( Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates). This, the study emphasizes, is not the case. One should take into account factors such as changes in social variables as well as the all-important aspect of effective strategies for reducing the rate of recidivism -- which will be discussed further in the last section of this paper.

The report goes on to state that there are also fluctuations in recidivism rates within the State of Texas in relation to the different types of sex offenders. One should bear in mind that, "…recidivism rates fluctuate among different types of sex offenders and are related to specific characteristics of the sex offender and the offenses"( Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates). Furthermore, "…not all sex offenders who have high probability of re-offense will recidivate"( Council on Sex Offender Treatment of Sex Offenders - Recidivism Rates).

5. Rehabilitation services

As has been stressed in the previous section, one of the central aims of rehabilitation services and treatment programs is to reduce the recidivism rate among these types of offenders. As one study on this issue notes,

The purpose of the United States justice system is not only to punish criminal offenders but also to rehabilitate them. The prison system is designed to offer counseling and therapy to criminal offenders who will eventually be released into the public again, and many offenders continue their therapy once they have been paroled.

( Thompson, 2007)

In other words, a central purpose of these programs is to reduce and discourage recidivism.

The Texas department of Criminal Justice has a number of official sex offender rehabilitation programs. These include the following:

The Sex Offender Education Program or SEOP. This program comprises a four -- month course which is intended to "….assist sex offenders determined to pose a lower re-offense risk or who may be releasing to a lengthy term of supervision" (Rehabilitation Programs Division: SEX OFFENDER REHABILITATION PROGRAMS). This program is also described as, "… an educational and psychological treatment program designed to interrupt cognitive and behavioral patterns that lead to sexual offending" ( Heil and English, 2007).

The course or curriculum provides for a wide range of information that is conveyed to the sex offender. This includes healthy sexuality, anger and stress management, interpersonal relationships and cognitive restructuring (Rehabilitation Programs Division: SEX OFFENDER REHABILITATION PROGRAMS).

The Sex Offender Treatment Program or SOTP. This comprises an intensive eighteen month program that takes place within a therapeutic community environment. There are a total of three phases to this treatment program and the program is based on a cognitive-behavioral model (Rehabilitation Programs Division: SEX OFFENDER REHABILITATION PROGRAMS). The main aim of the program is to "… reduce the rate of re-offense and move the participant toward a more pro-social lifestyle"(Rehabilitation Programs Division: SEX OFFENDER REHABILITATION PROGRAMS). The objective are to:

To reduce the potential for further deviant behavior

To offer a comprehensive treatment program that addresses motivation, psychosocial education, psychological evaluation, and sex offender treatment and relapse prevention training for the population of sex offenders residing in TDCJ

To provide a highly structured but individually focused treatment plan for each participant in the SOTP based on the identified needs of each offender

To identify and target for change the cognitive and behavioral patterns which have resulted in sexual offending

To encourage each participant to accept responsibility for all his deviant offenses and demonstrate empathy for the victims of the offense

To carefully monitor and record the progress of each individual through the various phases of the program

To provide for a continuum of care that reaches across all phases of the SOTP and continues in the community after the offender is released & #8230;

(Rehabilitation Programs Division: SEX OFFENDER REHABILITATION PROGRAMS).

There are also a number of other rehabilitation services that provide assistance and treatment programs for the sex offender in the State of Texas. A useful resource that provides an extensive listing of the various services is the Texas Sex Offender Resources Website (http://www.sexoffenderresource.com/texas/). Among others, this site refers to services and resources for treatment and rehabilitation such as the Council on Sex Offender Treatment Texas Sex Offender Laws/Legislation/Rules. This official Texas Department of State Health Services Website offers a plethora of information relating to legal aspects that are useful for sex offender treatment in the state. This includes links to the Council on Sex Offender Treatment Council Information as well as the Texas Megan's Law Website, which provides extensive information on Megan's Law. There is also a useful link to the Contracted Sex Offender Therapy Providers site, which provides a listing by the Texas Department of Public Safety of contracted sex offender therapy providers. There are also links to a host of support and counseling services in the state, including, such as Hope & Freedom Counseling Services and Youth and Family Centered Services, among many others.

A very a very useful report on recidivism is STATEWIDE CRIMINAL JUSTICE RECIDIVISM AND REVOCATION RATES from the Texas Legislative Budget Board (2005). This refers to The Sexual Offender Treatment Program. This program is referred to as a "… 24-month therapy program "which is "… available only for inmates who volunteer and who are nearing the end of their sentences." The program also provides for a spiritual dimension and there is a resident chaplain in attendance. Legal support is also provided.

This program is interesting in that it tends to focus more on the emotional and spiritual needs of the offender. As noted in the introduction, rehabilitation and treatment should take into account the fact that sex offenders are extremely ostracized and alienated from both the prison community and from the public and, as will be discussed in the following sections, a more inclusive and holistic approach to rehabilitation is possibly the most effective way to reduce the repeat rates of this type of crime.

6. Successful and Unsuccessful Rehabilitation

As noted above, studies have found that there is a strong correlation between effective rehabilitation and treatment programs and reduced recidivism rates. As one study notes;

If viable, productive treatment programs existed within the Texas Department of Criminal Justice, the legislature could dictate mandatory participation in these programs for first-time sex offenders. This would be the first significant step in making sure these sex offenders do not become repeat sexually violent offenders.

(Floyd, 2007)

The feeling expressed in many studies is that an effective treatment and rehabilitation is one that would be adhered to by the offenders and one which provides a solid basis for rehabilitation.

In the very first instance for a rehabilitation program or strategy to be effective it must be extensive and flexible enough to deal with the number of sex offenders. This is often not the case, for example, with female sex offenders. As a 2007 study by the Center for Sex Offender Management states, "Data from sex offender treatment programs across the country indicates that roughly one third of programs provide services to female sex offenders; well over 300 programs served adult women, and more than 250 provided treatment to adolescent girls" ( Female Sex Offenders, 2007). However, while these figures may appear impressive, this study notes that "…these figures represent less than ten percent of the total number of clients served across all sex offender programs"( Female Sex Offenders, 2007). This statement is mitigated to a certain extent by the fact that the number of female sex offenders who have been served by recognized treatment and rehabilitation programs has doubled during 2008 and 2009. "( Female Sex Offenders, 2007). While this refers a positive growth in the number of offenders who are being reached it is cited to show that in this demographic as well as in others there needs to be an extension of services.

A more up-to-date evaluation of the situation can be found in a 2011 study entitled Texas Rehabilitation Programs Reduce Recidivism Rates by Adams. In this study the author states that in May of this Year the Texas Department of Criminal Justice (TDCJ) released an evaluative report on offenders who had been released from jail and who had completed various certified rehabilitation programs. The purpose of this report was to ascertain to what extent these programs were effective in reducing recidivism rates among these offenders, as well as offender re-incarceration and parole revocations (Adams, 2011). Significantly, the report found that "…recidivism rates were significantly lower for those who participated in the programs"(Adams, 2011). This is an indication of the effectiveness of these programs, despite criticisms. Furthermore, the report also notes that, with a few smaller exceptions, "…all of these programs evaluated reduced the three-year recidivism for program completers" (Adams, 2011). In particular, it was found that the In-Prison Therapeutic Community (IPTC) "…reduced recidivism for program completers two and three years after release"(Adams, 2011). Programs such as The Sex Offender Treatment Program (SOTP) were also mentioned as showing positive results with regards to recidivism.