Sex Offender Supervision in the Nation’s Capital

 

  

  

  

  

 

 

 

 

 

By Paul S. Brennan, M.P.A. Edited by Cedric Hendricks and Leonard Sipes.

See http://media.csosa.gov for our social media site or http://csosa.gov for the website of the Court Services and Offender Supervision Agency

When he was arrested on the bench warrant in February of 1999 and brought to court to answer for his non-compliance, it seemed reasonable at the time to give Michael the benefit of the doubt to his claim that he did not know he was on probation.  This time he would be supervised by the newly formed Sex Offender Unit at the Court Services and Offender Supervision Agency. 

In the wake of federal legislation passed in the mid 1990’s to address the growing public concern about sex offenders in the community, community corrections officials in Washington, D.C. followed a growing trend around the country to develop a specialized supervision team of community supervision officers to manage its sex offenders.

His probation officer decided to stop by his home, unannounced, one random weekday evening in 1999.  Michael was not home at the time of the visit; however there was an answer at the door.  The probation officer was stunned to find alone in Michael’s one bedroom apartment, a small, frightened, eight-year-old girl. The probation officer knew instantly that the child was in imminent danger. 

Michael’s deviant behavior ended the day his probation officer found the child in his home and, ultimately, when the Judge sentenced him to eighteen to fifty-four years in prison for molesting the eight-year-old and two other children; this was in addition to the ten years he received when his probation was subsequently revoked. 

It did not take long for SOU to conclude that sex offenders presented unique challenges that demanded more from those of us responsible for managing them in the criminal justice system and in the community. Over the past decade the Sex Offender Unit has been directly involved in many cases that highlight the need for a specialized supervision program.

The program has become one of the most sophisticated and comprehensive in the country. 

The Sex Offender Unit is a special program of the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA).  CSOSA is an independent executive branch agency of the federal government responsible for the supervision of nearly 16,000 offenders on probation, parole and supervised release, sentenced in D.C.  Superior Court or transferred to D.C. from other jurisdictions. 

Approximately 700 of CSOSA’s offender population are considered to be sex offenders.

Defining Sex Offenders

The Sex Offender Unit generally defines a sex offender as anyone who has been convicted of a crime that is sexual in nature.  This means that SOU seeks to supervise the behavior as opposed to the conviction. 

Under this definition it occurs with some frequency that offenders being supervised by SOU may be serving a sentence for a non-sex related offense, such as Simple Assault or Burglary, but elements of the crime suggest that it was sexually motivated. 

An example of such a case would be an offender who breaks into a home and is found to be standing over a victim in bed masturbating.  This definition is also designed to identify for assignment to Sex Offender Unit the offenders who may have incurred a sexually motivated conviction in the past but may not currently be on supervision for a sex offense.  For example, a case in which an offender is on probation for Driving Under the Influence, but was convicted of Rape ten years earlier. 

SOU’s rationale for including offenders who are on supervision for an offense other than one that is by statute a sex offense is to ensure that:

  • offenders with potential issues of sexual deviancy are being monitored appropriately;
  • offenders with potential issues of sexual deviancy receive appropriate evaluation and therapy if needed.

 Approximately 40% of SOU’s current offender population is on supervision for an offense that is not one of sexual abuse by statute. 

 Sex offenders on community supervision represent a small fraction of the offenders who commit sex offenses. Many crimes of sexual abuse are never reported to law enforcement.  Even fewer of the crimes result in an arrest or conviction.  Issues that impact this often include, but are not exclusive to: 

  • The victim is influenced by the offender, family or other external factors to recant;
  • The victim decides not to cooperate out of fear of embarrassment or physical harm;
  • The victim or other critical witnesses are not available for court proceedings;
  • A lack of corroborative evidence (i.e., witness or forensic evidence);
  • The victim is too emotionally fragile or mentally ill to endure a trial;
  • The victim is too young or impaired to describe the crime to a jury or judge;
  • The crime was reported years after it happened therefore evidence is lost or the statute of limitations has expired; 
  • The prosecutor determines that the evidence otherwise is not sufficient to win a conviction. 

 Likely to Have Committed Other Crimes

 One of the unique aspects of crimes involving sexual abuse is that they tend to be very difficult to prove beyond a reasonable doubt.  Sex offenses often are committed in secret; the offender is usually someone known and trusted by the victim, victim’s family and community.

The Sex Offender Unit is aware that many of the sex offenders placed on supervision are likely to have committed other sex offenses for which they were never held accountable.  SOU is also imminently concerned that convicted sex offenders have the potential to commit new sex offenses while on supervision (or beyond) that may go undetected. 

We understand that there are sex offenders who are not likely to commit new sex offenses and, therefore, require minimal services and monitoring.  In fact, over-supervising a low risk sex offender can potentially increase their risk to reoffend.

The bottom-line is what’s in the best interest of community safety.  For example: in D.C.  a misdemeanor sex offense allows for a maximum incarceration period of 180 days, whereas the maximum period of community supervision could be up to five years.

Provisions in the sentencing guidelines also allow for registered sex offenders to be placed on ‘supervised release’ for periods from 10 years to life depending on their registration classification.  Community supervision can offer the community a better option for long term monitoring and intervention in many cases than incarceration alone.

Close supervision/accountability

To maintain a successful sex offender management program there must be a comprehensive effort to monitor the offenders and hold them accountable for their behavior.  The Sex Offender Unit achieves this through a myriad of techniques designed to minimize a sex offender’s opportunity to offend.

Close supervision and accountability is predicated on the ability of SOU to take swift and meaningful action once the risky behavior becomes evident.  CSOSA uses a system of graduated intermediate sanctions in order to maintain community safety while fostering successful supervision completion.  The Sex Offender Unit incorporates these sanctions into the Containment Model. 

The following are some of the mechanisms SOU uses to address a variety of compliance issues that arise:

  • Global Positioning System (GPS) monitoring;
  • Search and Seizure;
  • Reentry and Sanctions Center (RSC);
  • Polygraph testing;
  • Offender surveillance;
  • Drug treatment;
  • Joint CSOSA/Police accountability tours;
  • Interagency crime initiatives; and
  • Computer searches/monitoring.

None of these mechanisms to address offender behavior existed a decade ago.  The introduction of these countermeasures has allowed SOU to reduce revocations by at least 30%.  Furthermore, they provide the means to prevent crime and hold offender’s accountable for behavior that may have otherwise gone undetected in the past. For example, the SOU has:

  • helped police solve a number of crimes by correlating crime scene data to offender GPS tracking data,
  • uncovered evidence of crimes and violations of release conditions through search and seizures of offenders’ property,
  • used the polygraph to help reveal the existence of victims not previously known,
  • found child pornography on the computers of sex offenders that has lead to criminal convictions and revocations, and
  • used evidence provided by our law enforcement partners in order to establish violations of supervision conditions that have lead to revocations.

 Support services and treatment

 The primary treatment intervention strategy revolves around the sex offender treatment program.  SOU invests nearly 1.2 million dollars a year into providing sex offender evaluation and treatment services.  All sex offenders assigned to the SOU undergo a comprehensive psychosexual evaluation.  This evaluation is critical in assisting us with assessing offender risk to commit another sex offense and identifying supplemental needs. Sex offender treatment is conducted by an outside vendor hired for their qualifications and expertise in this field.  Sex offender treatment is marked by the following characteristics:

  • Victim/community safety;
  • Targets accountability and thinking errors;
  • Primarily delivered in a group setting;
  • Often mandated;
  • Waivers of confidentiality;
  • Provider is part of the  management team;
  • Specialized training/experience is essential.

A sex offender typically will be engaged in sex offender treatment from 18-24 months.  This is followed by an indefinite period of aftercare.

CSOSA also created the Re-entry and Sanctions Center (RSC) which is designed to be a 28-day residential assessment facility.  The RSC is a facility where offenders can report directly from prison for a comprehensive assessment of needs.  Or, it is used as a constructive means of sanctioning offenders exhibiting acute drug abuse issues where removal form the community is needed while avoiding revocation and incarceration.   Programs to address anger, domestic violence, substance abuse, employment, and housing, among others are offered as well.  In short, CSOSA has demonstrated its commitment to providing opportunities for its offender population to make positive changes.

Partnerships

There is value in developing and maintaining strong partnerships with other stakeholders.  Successful outcomes in sex offender management can not occur without all stakeholders coming together around a common goal: of public safety. Existing partnerships include the Metropolitan Police Department, the United States Attorney’s Office, D.C. Superior Court, the F.B.I. Innocent Images Unit, Metro Transit Police, Prince George’s County Sex Offender Registry, Montgomery County Sex Offender Registry, State of Virginia Sex Offender Registry, D.C. Rape Crisis Center, D.C. Housing Authority, D.C. Child and Protective Services, the D.C. Victims Advocacy Center, U.S. Probation, U.S. District Court for D.C., Immigration and Customs Enforcement (ICE), the Northern Virginia Internet Crimes Against Children Task Force (NOVAICAC) and the U.S. Marshal’s Service. 

Conclusion

Over the past decade CSOSA’s Sex Offender Unit has come a long way toward achieving the right balance between enhancing community safety and offender rehabilitation.  SOU consistently maintains one of the highest success rate among the CSOSA offender population; less than one percent of the sex offenders we supervise have been arrested or convicted for new sex offenses.  In the rare instances where new sex offenses were committed by those we supervise, we and our interagency partners have worked closely to see that there was justice for the victims.

If Michael was on supervision with SOU today we believe the likelihood that his sexually deviant behavior would have been prevented or detected much sooner.  It is impossible to predict how Michael’s case may have turned out if he were subjected to the program requirements we have in place today.  The Sex Offender Unit is certain that he would have found it substantially more difficult to hide his behavior between polygraphs, accountability tours with police, GPS monitoring, computer searches, intensive therapy and the investigative eye of a well-trained community supervision officer. 

SOU FACTS:

  • CSOSA invests nearly one million dollars on sex offender treatment services per year;
  • SOU supervises nearly 700 sex offenders ;
  • Average SOU caseload size is 25:1;
  • Approximately 25% of sex offenders actively under supervision are on GPS monitoring at a given time;
  • All sex offenders submit to polygraph exams.

United States v. John Anthony:

In 2007, the offender was given a polygraph exam.  The polygrapher determined that the results were inconclusive. After further questioning, the offender admitted to his Community Supervision Officer (CSO) that he had viewed pornography.  His CSO determined that a search of the computer was needed.  Consent was obtained to allow officers to conduct a “scan” of the computer in question using special software. 

The scan revealed one image of a nude male, some MySpace activity, and password protected files. Officers asked the owner of the computer if she would allow them to take the computer back to the office in order to conduct a more extensive examination of the computer since the software they were using is not powerful enough to view protected files.  She refused. 

SOU consulted with the US Attorney’s Office who agreed to assist by securing a search warrant in order to seize the computer and conduct a forensic examination with more powerful software. 

Child pornography was found on the computer in question.

Anthony entered his guilty plea in the U.S. District Court for the District of Columbia before The Honorable Ellen S. Huvelle.  Anthony was subject to enhanced penalties because some of the images of child pornography he possessed involved prepubescent minors or minors who had not attained the age of 12 years, and some of the images and videos he possessed portrayed sadistic or masochistic conduct or other depictions of violence.  Most of the evidence was pornographic videos depicting graphic sexual acts by young boys.  The evidence was sent to the National Center for Missing and Exploited Children which was able to verify that at least 4 of the images were known (previously identified) children.  The offender was sentenced in US District Court to 121 months in prison to run concurrent to his other sentence.  His probation was subsequently revoked.


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Returning From Prison to Washington D.C. “We Make Transition Possible”

By Leonard A. Sipes, Jr. Edited by Cedric Hendricks and Joyce McGinnis

See http://media.csosa.gov for “DC Public Safety” radio and television shows.

See www.csosa.gov for the web site of the federal Court Services and Offender Services Agency.

The name sounds like the essence of bureaucracy-the Transitional Intervention for Parole Supervision unit, or TIPS. The TIPS teams of Community Supervision Officers evaluate and assist the vast majority of offenders returning from prison to Washington, D.C. They are part of the federal, executive branch agency that provides parole and probation supervision in the nation’s capital, the Court Services and Offender Supervision Agency (CSOSA).

CSOSA supervises approximately 15,500 parolees, supervised releasees and probationers on any given day. Each year, approximately 2,300 men and women return to Washington, D.C. from any one of the federal Bureau of Prison (BOP) facilities throughout the United States. For most of them, the first CSOSA staff member they meet is a TIPS officer.

The TIPS unit was a core requirement when CSOSA was initially established as a new federal agency in August of 2000. Recognizing that the District of Columbia’s Lorton prison would soon close, and that D.C. offenders would be housed in any one of the Bureau of Prison facilities, CSOSA knew it would be difficult for D.C. offenders to successfully reintegrate and reestablish ties with their families and the community. To address this need, the TIPS unit was established to work solely with returning offenders.

TIPS is truly unique. Through a collaborative, working relationship with the BOP, TIPS staff begin to work with offenders long before the offenders are released to the community or a BOP Residential Reentry Center (RRC, also known as halfway house). TIPS staff begin working on an offender’s case once they receive notice from the BOP of the offender’s pending release. TIPS staff begin to identify the offender’s needs and investigate the offender’s proposed home and employment release plans. One TIPS team is located in an RRC, working closely with offenders living there, but still under BOP’s supervision. In addition, CSOSA established a relationship with the faith-based community that links offenders to mentors who serve as a positive role model and community resource for the returning offender. TIP staff serve a vital role in this function by determining offenders suitable for participation in the program and linking them to mentors.

“TIPS staff perform a key, critical function in the reentry planning process,” says Thomas H. Williams, Associate Director of Community Supervision Services. “TIPS staff not only address offenders’ needs upon release so they can have the opportunity to successfully reintegrate in the community, but also help ensure public safety by approving or denying offender home and employment plans.”

TIPS officers can be compared to air traffic controllers: They take a look at thousands of incoming “flights” and organize their “arrival.” They act as persuaders and negotiators with offenders, families and service providers. They “set the stage” for the offender’s future supervision. Their first priority is public safety while being an offender’s advocate for needed services.

“I was doing a home plan for a returning offender with sex offenses in his background,” stated Sharon Jackson. Sharon has over 20 years of experience supervising juvenile and adult offenders. “His living arrangements would have put him in contact with children. There was no way I was going to approve him living in that house. He had to make other living arrangements,” she said.

There are 22 Community Supervision Officers (known as parole and probation agents elsewhere) and three supervisors dedicated to the TIPS function. Their job is to assess returning inmates for risk of re-offending and need for services. They work principally with offenders residing in six halfway houses operated by the Federal Bureau of Prisons. (Since December 2001, D.C. offenders serve their time in federal prisons.)

Federal Bureau of Prison case managers submit a release plan to CSOSA; TIPS officers investigate these plans, which address a proposed place to live (or lack of one) and potential employment. Using the plan as a baseline, TIPS staff analyze the incoming offender’s needs and arrange for the offender to access services at the time of release. This can include medical, mental health, and substance abuse treatment, as well as any requirements imposed by the US Parole Commission as conditions of release. Sometimes, TIPS officers have months to do their jobs-sometimes days.

“We had an offender who weighed 600 pounds coming out of prison in a couple days,” stated Sharon Jackson. “The federal halfway houses were not equipped to deal with him. He had a challenging medical need, and I was able to help him find housing with a private transitional center. That’s just one example of what we do and the unique challenges that confront us every day.”

To understand TIPS is to acknowledge that returning offenders bring with them very little luggage but a lot of baggage-the complex issues that need to be addressed to give them the highest likelihood of staying out of prison. TIPS officers prepare the way for the offender and those in CSOSA who will supervise him directly upon release from prison or the federal halfway houses.

Approximately 50 percent of all offenders returning to D.C. transition through a halfway houses. Another 30 percent enter post-release supervision without a halfway house stay. The remaining 20 percent are released with no supervision obligation. TIPS officers assist everyone having a term of community supervision.

Once the offender is released to the community, the offender’s supervision is transferred from TIPS staff to a general or special supervision team. Although TIPS work is short-term and intensive, it is critical to ensuring the smooth transition of the offender from incarceration to the community.

Every offender has issues; approximately 70 percent have substance abuse histories. Approximately 30 percent of DC offenders have temporary housing arrangements. Many have complex issues, like mental illness or medical problems. Most need services to find education or jobs.

“The issue is public safety, and will always be public safety,” states Edmond Pears, Branch Chief the Investigations, Diagnostics and Evaluations Branch that encompasses TIPS. “We fully understand, for example, that unmet mental health needs and homelessness greatly increase the possibility that the offender will commit another crime. We can intervene. We can stabilize. We can help this guy and lessen the chance of someone getting hurt.”

The Initial Process

TIPS receives information on most inmates from the Federal Bureau of Prisons (BOP) approximately six months before the scheduled release date. In addition, TIPS staff can access the BOP’s information system for the inmate’s criminal history, institutional behavior records, medical conditions, mental health and social needs, prior community supervision adjustment and programs and services received during incarceration. The TIPS staff create a plan of action that is ready when the offender enters the federal halfway houses and/or the community. (The offender is still in BOP custody while in the halfway house.)

The halfway houses provide an array of services, such as intake, orientation, screening, assessment, case staffing, referrals, crisis intervention, counseling, home and employment investigations and discharge planning. But the offender’s stay is limited and most cases does not exceed 30 days.

“Thirty days is not a lot of time to analyze a person and his risk and social history and to arrange for needed services,” said Trevola Singletary-Mohamed, a TIPS Community Supervision Officer (CSO). CSO Singletary-Mohamed started community supervision with the adult probation division of D.C. Superior Court before CSOSA assumed the function in 1997. “You may have the file months ahead, and that’s vital to the process, but nothing beats having the person sitting in front of you answering your questions. The file and evaluation may state that he has a history of cocaine use and received treatment while in prison, but you find out through an interview that a ‘history’ meant daily use for several years. Sometimes, it’s the quality of the information that you gain through personal interviews that tells you what you need to know.”

Housing

Finding housing for returning offenders is one of the most difficult parts of the job. The hyper-heated housing market in Washington, D.C. makes this especially difficult. If the average offender who comes back through a halfway house only stays there for a month, then that’s just a temporary solution.

Some do not come back through halfway houses because of limited bed space or previous medical or mental health issues that the halfway houses are not equipped to manage. Halfway house staffs also evaluate offenders based on criminal history and prior problems while in a previous halfway house.

Approximately 25 percent go home or to another residence upon release. TIPS staff investigate all proposed living arrangements to ensure that they are viable and safe for all concerned. The home environment is reviewed and evaluated. Issues include the occupants’ legal right to the residence, adequate living space, and evidence of illegal substances or criminal activity. The bottom line is whether placement will lead to future crimes.

Many offenders have burned their bridges with the family. Community corrections professionals have heard many stories of mothers who state that they will allow a returning son to live with them in public housing, but she never places his name on the lease. Other family members promise the use of their homes but back out when the home plan is investigated.

Some families have moved outside of D.C. US Probation or state agencies will assist with placement in the family’s new state of residence if the US Parole Commission approves. If the offender has a detainer on other criminal charges, he must resolve those legal matters before pursuing supervision in another jurisdiction.

Offenders also cannot be a hardship to their family members (for example, a one bedroom apartment with one adult and three children). For the returnee to live in public housing, his name must be on the lease. TIPS staff do not take the family’s word for it; they must see a copy of the lease.

TIPS staff will not automatically approve a plan if another offender is living there; it’s up to the discretion of the CSO. Each case is individually assessed and investigated for suitability of the residence and peer support within the residence.

There are faith-based, charitable and private institutions that will provide services for returning offenders. Some deal with unique needs, like medical or mental health issues. Some are merely shelters offering a legal place to stay at night and something to eat. Staff would rather not use shelters. They also strive for housing that promotes the offender’s transitional process.

With only 25 percent living in private residences (and some of these placements are temporary) then it is easy to see why housing can take so much staff time.

“It takes a dedicated person to make these arrangements,” states CSO Daynelle Allison, a D.C. resident who has worked for CSOSA for three years. “I’ve had months, but sometimes just days to find a place to live for people with special medical or mental health needs. We do not compromise the quality of our supervision or housing investigation based on how much time we have. We do what we need to get the job done.”

“We need to be sure that arrangements are made to the point that an ambulance will meet the returning offender’s plane or bus and transport the offender to the residence, a hospital, or mental health clinic. Part of all this is a commitment to meeting simple human needs, and part of it is a commitment to protecting the public,” Sharon Jackson said.

Finally, when other options have been exhausted, the TIPS officer can recommend public law placement to avoid homelessness. Under this option, TIPS staff request that the U.S. Parole Commission add a special condition of release for the offender that will require the offender to reside up to 120 days in a halfway house until suitable housing is available. This type of placement is utilized only as a last resort.

Services

Beyond housing, the placement of returning offenders into the right services is a challenging task. CSOSA provides direct services to a variety of offenders on special supervision caseloads, which include sex offenders, mental health, domestic violence, anger management, drinking and driving, and high-risk drug cases. CSOSA also provides educational and employment assessment and placement.

The bulk of support services are provided by the D.C. government and non-profit agencies; in recent years, CSOSA has instituted a partnership with the city’s faith community to augment these services. CSOSA is leading a movement in the nation’s capital to galvanize churches, mosques, and synagogues to provide direct mentoring services. Hundreds of offenders have taken advantage of this initiative.

Service organizations throughout the country often express reluctance to work with offenders. With limited budgets, some organizations prefer “easier” clients. TIPS staff have expressed that providers in the District of Columbia are more likely to assist offenders because of close supervision imposed by Community Supervision Officers.

“CSOSA has worked extensively with service providers throughout the city to make sure they understand that helping a returning offender means fewer crimes and a safer community,” states Elizabeth Powell, Supervisory Community Supervision Officer (SCSO). “CSOSA has some of the toughest contact and drug testing standards in the country. Service providers know they have allies when it comes to addressing non-compliant offenders. The Community Supervision Officers are there to help if the offender creates a problem or does not take their interventions seriously. Close supervision works.”

“We also help offenders readjust to life in D.C.” states CSO Singletary-Mohamed. “Some of them have never ridden the Metro [D.C.’s subway system] before. Some of them just want to talk, to express their hopes and fears. And some offenders refuse services and require motivation from TIP to understand how they can benefit from participating in services. But we care, and they seem to understand that and comply.”

Conclusion

All of us in community corrections understand the challenges. President George W. Bush clearly laid out the issues for reentry in his State of the Union speech in 2004. He announced a new plan to bring local and faith-based groups together with federal agencies to help recently released prisoners make a successful transition back to society – reducing the chance that they will be arrested again. This 4-year, $300 million initiative seeks to provide transitional housing, basic job training, and mentoring services. Reentry is now a popular topic within criminological circles. More has been written about reentry in the last three or four years than the last ten.

Reentry may be the buzzword in the criminal justice system right now, but it is not just a buzzword at CSOSA. TIPS staff do the real work of reintegration. With one eye on public safety, and the other on the offender’s needs, TIPS staff guide returning offenders through their first steps beyond the prison gates and give them a real opportunity to successfully reintegrate into the community.

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