Presentations

The 2^nd Annual RSOL Conference agenda provided for many excellent presentations from high quality experts in the field of sex offender research, criminal defense, legislative issues, and treatment. RSOL expresses a tremendous appreciation to all the speakers who came to the conference on their own time and using their own money because they believe in the cause.

Dr. Chrysanthi Leon, Assistant Professor of Sociology and Criminal Justice at the University of Delaware, teaches an advanced course in sex crime and punishment and has conducted multiple research projects on sex crimes. Her presentation on Saturday of the conference was "More Is not Better: Addressing the Overuse of Sex Offender Surveillance." The purpose of the presentation was two-fold: telling more accurate stories and basing public policy on evidence. Dr. Chrysanthi began her presentation by placing our current sex offender laws within a historical context going back to the early 1930-1940 during a time when sexual offenses were dismissed to today’s moral panic that results in tough messages that get diluted, diverted and turned around in practice. In addition, she cited clear examples of how the current sex offender laws are bad policy and create unintended consequences borne out by recent research. Dr. Chrysanthi closed the presentation with suggestions for advocating for change including: avoiding personalization, avoiding "harm" debates, citing empirical research, citing implementation problems, and advocating for measures that individualize punishment by returning discretion to judges and community corrections using risk assessment tools based in science.

Amy Borror, Legislative Liaison for the office of the Ohio Public Defender, presented information on the Adam Walsh Act and SORNA on Saturday and followed that presentation on Sunday with recommendations for lobbying on SORNA. Ms. Borror’s Saturday presentation focused on what SORNA does, SORNA tiers, Community Notification, and the Penalty for Failure to Register. She described the role of the SMART Office. Some common misperceptions of SORNA include residency restrictions (there are none specified), placing juveniles on the registery (is for only specific offenses), GPS monitoring (not required), and civil commitment schemes (not included in SORNA.) Proposed supplemental guidelines were published May 14, 2010 with the comment period expiring on July 13, 2010. Ms. Borror encouraged all members to make comments regarding the proposed guidelines. On Sunday afternoon, Ms. Borror continued her presentation with lobby tips. Issues that she addressed were barriers to implementation, legal arguments, and public policy arguments. She closed her presentation with specific tips on lobbying including defining specific problems, presenting concrete alternatives, and using effective meeting strategies.

Norman A. Pattis, Esq, Connecticut’s best known and most passionate criminal defense lawyer and civil rights attorney, brought participants to their feet with a standing ovation after an inspirational and informative presentation. Mr. Pattis’ presentation focused on constitutional issues and issues of mandatory sentencing, preferring the use of rebuttable presumption. That is, rather than doling out mandatory sentences due to some perfunctory notion of all crimes are equal and therefore deserve equal sentencing, give lawyers and judges the option to "rebut" presumptions. We need to put discretionary power back in the hands of judges to assess risk of individuals and do the right thing. Curently, Mr. Pattis’ says that on the record, prosecutors and judges hands are tied with mandatory sentencing but behind closed doors they are mourning what they are doing, especially to young men who commit very low risk sexual offenses. Mr. Pattis closed by citing five areas he believed could be effective arguments for change:

1. Reform of Romeo/Juliet cases or those dealing with teenage consensual sex.
2. Reform for offenders with no physical contact/no violence or coercion by being able to utlize rebuttable presumptions
3. Diversionary programs for first time offenders
4. Expansion of private registration requiring judges to do actual fact finding to place and categorize individuals appropriately
5. Retaining jurisdiction in the courts for registration

Dr. Nancy Steele PhD, Clinical Psychologist and prominent Sex Offender Treatment Therapist, presented on the Standards of Practice for ATSA (Association for Treatment of Sexual abusers). Key points included:

• A provider should use multiple sources of information in treatments.
• The same person should not evaluate AND treat as it is a conflict of interest.
• Services should be matched to the client’s IQ, learning style and culture.
• It is not the role of the therapists to coerce confessions.
• The work with the client should be based in the goal(s) of the client.
• The therapist provides regular exchanges with probation with the client’s knowledge AND consent!

In New York, a group of former offenders attended the ATSA state conference. This impressed the group to the extent that next year, former offenders have been invited to serve on a panel.

Information can be found on ATSA’s website. Also in this website is an 11 page response made on July 30, 2007,

TO: Director Laura L Rogers, SMART Office: Office of Justice Programs

FROM: Robin McGinnis, President and David Prescott, President Elect of ATSA, commenting on the Proposed Guidelines to Interpret and Implement SORNA. This response is well worth reading and can be downloaded free from the ATSA web site. Also a free download of ATSA’s Code of Ethics is available. There is a $40 fee for receiving the Standards of Practice for ATSA.

J. Tom Morgan, Esq, Criminal Defense Lawyer and former District Attorney of DeKalb County, Georgia, spoke on Sunday afternoon about his involvement in reform of the current sex offender registration laws in Georgia. Mr. Morgan established the first child abuse prosecution unit in the state of Georgia and helped to craft the first sex offender registry legislation there. In his opening remarks, he noted that if he believed that the current registry laws protected children, he would not be presenting to the RSOL group. Statistics cited by Mr. Morgan supporting his view included:

• 7% of children are every abused by strangers including "elevator" offenses such as brushing up against a child in a confined space for sexual arousal
• There are 90-100 child abductions by strangers per year
• Children are rarely abused by someone with a prior conviction.
• Recidivism rates are typically low.
• We have 20 years worth of statistics to support the fact that the registry has become an ineffective tool to prevent child abuse or for law enforcement purposes.

Original legislation was designed to monitor only where the most serious offenders lived while on probation and parole but that has now changed to encompass even low level, first time offenders, particularly young males. Mr. Morgan was instrumental in helping craft 2010 legislation that allows offenders to petition the court to remove residency restrictions, employment restrictions, and be removed from the registry entirely based upon certain criteria. Our most critical need for reform, according to Mr. Morgan, is to educate the public about the harmful effects of the registry and work with legislators to bring about better solutions.