The name of the risk assessment instrument, score, date scored, and risk level are posted for the static risk assessment tool, if an offender has a Static or StaticR score.
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Since there are no static risk instruments that include all the risk factors for sexual re-offense, the examination of additional risk factors, such as dynamic changeable risk factors will improve risk predictions. California uses dynamic and violence risk instruments that help improve predictive accuracy of risk of re-offense when considered together. Static risk assessment StaticR looks at unchanging factors in the offender's criminal history that predict risk.
Dynamic and violence prediction instruments consider static as well as changing factors e. Combining the scores on these risk instruments with the static score will improve the accuracy of risk predictions. Generally, the StaticR is used to score offenders age 18 and over, but certain offenses do not qualify for scoring, and offenders who have been offense-free in the community for a number of years may not qualify for scoring unless they commit a new sex offense.
The State of California provides a free legislative repository of the laws and bills of the State. Click here to access the California Legislative Information Website. The California Department of Justice can not provide legal advice to registered sex offenders on any matter pertaining to their registration status.
If you need legal advice, please contact an attorney. You can find more information about applying for exclusion here.
DOJ provides an e-mail service for the public and registrants to contact the registry with questions, concerns, or information. You can send an e-mail to DOJ here. If you feel you are being harassed or threatened because of your status as a registered sex offender in California, immediately contact your local police department to report the situation.
Though DOJ cannot provide you legal advice on most topics, we do provide some general overview of additional laws that apply to sex offenders in California. You can access that information here. For more general information regarding when are where you have to register, please work with your local registering law enforcement agency or contact an attorney in your area.
You can find more information about applying for exclusion, campus registration, and other forms here. Contact DOJ. Full Version. Teenagers who have consensual sex with other teenagers can be forced to register sometimes for life in 29 states. Numerous states permit and some even require registration for kidnapping, even where it has no sexual element. Consensual incestuous sex between adults while deeply abnormal can require registration, even though it presents no public danger. Most disturbingly, about 40 states put juveniles on sex-offender registries, and Nicole Pittman of Impact Justice has found that six states can require juveniles to register for life.
Indeed, the federal Adam Walsh Act created some incentives for doing exactly that.
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Many of the offenses these juveniles have committed are as trivial as indecent exposure. In Pittman's fieldwork, she has uncovered numerous children younger than 10 years old who have ended up on the registry for "assaults" that involved games of "doctor" and other sexually oriented play they may not have even understood. In , one Michigan judge handed down a sentence of 25 years on the sex-offender registry to a young man who, at 19, had consensual sex with a year-old girl who had claimed to be After a public outcry, the judge reluctantly agreed to reconsider his sentence.
Prosecutors in Archbold, Ohio, brought charges that could have resulted in mandatory registration for high-school students caught exchanging nude "selfies. Certainly, some juveniles may commit heinous and violent sex crimes for which registration is appropriate. Where that is the case, all states but New Mexico allow people under the age of juvenile jurisdiction to be tried as adults for at least some sex offenses.
But the presence of non-violent and non-threatening juveniles on sex-offender registries contributes to registry "clutter" that makes it difficult for police and social workers to monitor the truly dangerous sex offenders. Phillip Garrido, who kidnapped and held Jaycee Dugard in his backyard for 18 years and abused her repeatedly, is a good example of someone who slipped through the cracks.
He was on a sex-offender registry for prior incidents of molestation and kidnapping. His home was visited by parole officers and social workers numerous times. But, overtaxed by the need to monitor California's more than 83, registered sex offenders, officials never performed the thorough search of his house that would have located Dugard. Instead, it took sharp-eyed officials at the University of California, Berkeley, to bring about her eventual rescue. In a time of stretched budgets, effectively monitoring truly dangerous sex offenders is going to require pruning the registries.
People looking at the system of registration are thus left with a paradox: It seems to do some good, but many of its features also do a great deal of harm. Ending the registries would be both unwise and hugely unpopular, but responsible policymakers should focus on some sensible ways they could be improved. Making the registries more effective should start with reducing the number of offenders listed. Removing those who do not pose any particular public danger would both remedy the injustices done to them and improve public officials' ability to monitor those who remain.
Two groups in particular deserve speedy release from the registries: those convicted of minor, sometimes non-sexual offenses and those whose convictions were handed down by juvenile courts. Adults convicted of offenses like indecent exposure, public urination, prostitution or soliciting prostitution, kidnapping their own children as part of a custody dispute, and consensual incest with other adults all deserve various forms of social censor or punishment or both. But there's no evidence they pose public dangers beyond those associated with these relatively minor criminal offenses.
None of these behaviors have been linked to child molestation or violent sexual assaults anywhere in the academic literature. Requiring such offenders to remain on registries wastes public resources, ruins lives, and does nothing to improve public safety. For many of the same reasons, people convicted in juvenile court should, as a class, be removed from registries; their continued presence is perverse and undermines the purpose of the juvenile justice system.
Juveniles who act out sexually get branded as "pedophiles" under laws that consider victims' ages but not those of offenders. A year-old boy who has consensual sex with a year-old girl might need counseling or punishment from his parents, but he certainly isn't a pedophile. Two teenagers who swap naked "selfies" may deserve to lose their smartphones, but they certainly aren't "child pornographers.
None of these collateral consequences does any good for society, for the offenders, or for their victims. Moreover, the long-lasting, sometimes lifelong, nature of sex-offender registration runs counter to the purpose of the juvenile justice system. Juvenile courts are intended primarily as therapeutic and rehabilitative mechanisms.
They have looser rules of evidence than adult courts; they maintain far fewer public records; and, at least in theory, they hand out sanctions based on the "best interest" of the accused, rather than a desire to punish. Only a few states allow jury trials in juvenile court, and even then they are quite rare. Most states allow juvenile records to be sealed; the process is sometimes even automatic. Even people with unsealed records typically retain the rights to vote, receive government benefits, and live where they choose. If prosecutors or police believe that a juvenile is so dangerous that he merits long-term registration, they ought to avail themselves of procedures to try him in an adult court.
Any other standard undermines the very idea of maintaining a distinct system for younger offenders. Estimating precisely how many offenders would be removed from registries as a result of this change in policy is difficult. Registries rarely report the age at which their registrants were convicted. What data do exist suggest that those convicted as juveniles make up as much as a third of registered offenders in the 40 states that have some form of juvenile registration.
By any count, however, the majority of people on the sex-offender registries are adults who committed reasonably serious crimes. They are more likely than members of the population as a whole to commit such acts again, even though most of them will not. Of course, the same can be said of almost anybody with any sort of criminal record. As with other people who commit crimes, it's unfair and unjust to brand all sex offenders as social pariahs for the rest of their lives, particularly since they have lower recidivism rates than other types of felons.
Far-reaching residency bans, although politically popular, simply do not pass the most basic cost-benefit test. Every dataset makes clear that children are far more likely to be sexually abused by family members than by strangers who happen to live near their school or daycare center. Judges, police, and probation officers can and should still be able to require many classes of sex offenders to stay off of school grounds during school hours and avoid other areas where children congregate something modern GPS-monitoring can assure cheaply and easily , but blanket residency restrictions simply do not serve any valid public-safety purpose.
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Forcing convicted sex offenders to the margins of society also tends to remove them from the orbit of family, friends, and houses of worship, making it more likely that they will turn to crime again. For instance, it's difficult to see why sex offenders should be automatically denied commercial driver's licenses or barred from working as insurance agents. Aside from obvious restrictions on working with children and perhaps carrying out certain medical tasks, most restrictions on sex offenders should be tailored to fit individual circumstances and levels of dangerousness.
Restrictions on professional licensing should be set to fit the specific sex offense, rather than applied to every person convicted of any sexually oriented crime. Moreover, the lack of any evidence that public notification reduces crime, coupled with its negative effects on property values, counsels in favor of restricting the practice.
Notification helps attach an unnecessary stigma even to those convicted of only minor sex offenses. A person who sexually gropes a stranger once has done something wrong and perhaps traumatizing, but he does not pose the same public danger as a murderer, who is not required to notify his neighbors of his prior conviction. Yet, because of registries, he faces a greater public stigma than a murderer.
Eliminating public notification completely would face huge political hurdles and, given the ease with which information already on the internet can be preserved, is probably impossible anyway. The most practical change might be limiting mandatory community notification and internet recording to actual predators over the age of 21 who have sexually assaulted young children. Even in these cases, the value of notification likely comes more from the fact that the public wants it than from any demonstrable benefit it actually provides. On the other hand, efforts to keep sex offenders out of schools ought to be enhanced and improved.
Finding the resources to do this would be reasonably easy if much of the excess currently cluttering sex-offender registries were removed. In this context, a new, bipartisan proposal by Senators Joe Manchin and Pat Toomey deserves serious consideration. The bill would set federal standards to prevent child predators from working in schools and would penalize states where districts try to "pass the trash," or counsel sex offenders to resign quietly before they are sent along to other schools with positive letters of reference.
For serious offenders, who constitute the majority of those currently on sex-offender registries, the practice of registration offers a deterrent value that appears effective at reducing sexual assault and child sex-abuse rates. Three careful and deliberate policy changes could help law enforcement deal more effectively with these truly bad actors: increased mandatory outpatient treatment; increased use of indefinite civil commitment for the worst offenders; and more targeted focus of federal resources on serious, mostly internet-based child predators and other serious sex offenders, rather than the child pornographers who currently make up the lions' share of the federal case load.
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Insofar as sexual attraction to children is an essentially fixed sexual orientation, it may be impossible to truly "cure" it. Comprehensive literature reviews led by a team from the University of Illinois at Chicago have mixed findings: While the best-run treatments do reduce actual recidivism among sex offenders, the reduction is only by about one-third, and even then it's far from clear that pedophiles are made to let go of their sexual attraction to children altogether.
Interestingly, after adjustment for a variety of variables, outpatient treatment outside of secure facilities appears to work even better than forcing treatment behind bars. In fact, a number of studies show that treatment for sex offenders behind prison walls is counterproductive. This suggests it may be better to focus prison sentences for child molesters almost entirely on deterrence and punishment, while augmenting treatment efforts outside the jailhouse walls.
They have worked to encourage many drug addicts to break their habits, and they may help pedophiles in the same way. Many offenders who are removed from registries or kept on law-enforcement-only registries might continue to be subject to long-term GPS monitoring to keep them away from schools and other areas where they might pose a threat. Some sex offenders may be resistant to all treatment and unable to control their urges to molest children.
All states allow for civil commitment of the dangerous mentally ill in hospital-like settings when the individual is deemed to pose a risk to himself or others. Currently, 20 states and the District of Columbia have statutes that provide for an additional level of review following the release of certain sex offenders.