9-Sex Offender Treatment Provider Responsibilities.pdf

Sex Offender Treatment Provider Responsibilities

In order to better serve the community, courts, and people under community supervision and to assist treatment providers, the following requirements have been established. These requirements are written in conjunction with the Sex Offender Treatment Provider Registry and as a result of the commitment by Harris County Community Supervision and Corrections Department (HCCSCD) to the continuity of care and treatment for all sex offenders.

These requirements clarify HCCSCD’s perspectives on the treatment provider’s responsibilities, treatment methods and testing as well as clarifying the responsibilities of the Community Supervision Officer (CSO) in order to promote the sex offender’s progress in treatment. Each aspect of these requirements is consistent with the mission statement of the Harris County Community Supervision and Corrections Department’s Sex Offender Unit:

Our mission is to protect the community and prevent future victimization by holding sex offenders accountable to conditions of supervision and treatment while serving the courts of Harris County. The Unit will consist of specially trained officers who will show sensitivity to the needs of victims, will participate in interagency communication, and will provide community education to enhance the effective management of sex offenders on Community Supervision.

The supervision of the sex offender requires the unique and unusual relationship between the CSO, Sex Offender treatment providers and polygraphers. It is our belief that adhering to the following procedures will further enhance the supervision of the sex offender and the quality of communication between the offender, CSO, and treatment provider.

I. Treatment Provider Responsibilities

A. Treatment Providers must be licensed by the Council on Sex Offender Treatment (Council) as a

Licensed Sex Offender Treatment Provider (LSOTP) and this certificate must be displayed at all locations where sex offender treatment is provided.

B. Group Leaders must be supervised by an LSOTP as per Council standards.

C. Treatment Providers shall prepare a treatment plan for each group member and review it with that member. Treatment plans will be updated regularly as new information is gathered from offenders and other sources. It is also strongly suggested that confronting denial and making progress toward breaking denial be incorporated into all treatment plans.

D. As suggested by the Council, Treatment Providers must base the treatment program on the cognitive behavioral model, treatment to include progressive phases requiring homework, skill building, and behavior modification techniques. Sex offenders should attend treatment weekly until the treatment provider and the CSO deem that the offender has successfully completed the treatment program.

E. Any deviation from C & D above, including individual sessions as the primary treatment tool will be subject to review with the CSO. All testing tools used during the assessment will be considered, and an additional referral may be made for a second opinion.

F. Individual assessments by clinical interview and the use of one recognized sex offender assessment instrument shall be conducted at the onset of treatment to assist in developing treatment plans. A copy of the individual assessment should be forwarded to the CSO to become part of the file within 45 days of intake. The battery of tests administered should, at a minimum, include instruments to assess intellectual functioning, personality assessment, level of risk to the community, history of sexual deviance, and treatment needs. These instruments shall include but are not necessarily limited to the Multiphasic Sex Inventory, Abel and Becker Cognitive Scale, Rape Myth Acceptance Scale, the Abel Assessment for Sexual Interest, Minnesota Sex Offender Screening Tool-MnSOST-R, Psychopathy Checklist -Revised-PCL-R, Rapid Risk Assessment for Sex Offender Recidivism-RRASOR, or other instrument approved by HCCSCD and the Council.

G. Treatment Providers shall recommend a specific time frame for breaking denial with offenders who are reluctant to admit their offense. As noted in Sec. 810.62 of the Texas Department of Health Rules and Regulations Relating to Council on Sex Offender Treatment, “sex offender treatment is unlikely to be effective unless the sex offender admits his/her offense. Community based treatment may not be appropriate for the sex offender who continues to demonstrate complete denial after a trial period of treatment”.

H. The offender must sign a release of information at the onset of treatment to allow two-way communication between the CSO and treatment provider. (Information can be exchanged per Occupations Code sections 109.001 et seq.). A copy of the contract agreement (signed by the Offender and Treatment Provider) must be forwarded to CSO within 2 business days of signing the contract. Upon receipt of signed contract, CSO will forward offense reports and other pertinent information to the treatment provider.

I. Agreements on chaperone contracts, high risks/plans for travel and family reunification must be discussed with CSO’s in advance.

J. In the event of an extended absence (one month or longer) of the regular Treatment Provider, written notification should be forwarded to HCCSCD providing the name of the replacement Treatment Provider and their contact number.

K. The Treatment Provider will notify the CSO within 24 hours of termination, suspension, and non-compliance of treatment.

L. The Treatment Provider will provide HCCSCD with any change in address of treatment location

30 days prior to moving.

M. In the event the Treatment Provider or a business associate treats minors (children) at the same location, there shall be a one-hour window of time between appointments with minors and appointments with sex offenders.

Provisions must be made to prevent contact with minors.

N. The Treatment Provider will attend a minimum of three meetings per year with the Interagency

Coordinating Council on Sex Offenders.

O. The Treatment Provider will provide quality services to clients who are ordered by the courts to participate in Sex Offender Treatment. Clients are to be treated with dignity and respect.

II. Reporting Procedures

A. Progress reports need to be submitted monthly to the CSCD officer and reviewed with the offender. These reports must be typed as they are often used when testifying in court. Progress reports may describe group curriculum and progress but should also be specific and individualized. The reports will be discussed monthly between the CSO and the offender. As required by the Community Justice Assistance Division standards and State law, progress reports must be received by the 15th of the following month.

The form should detail measurable progress (or lack of) and should include the following:

1. Monthly attendance records should include dates of attendance and/or non-attendance and reason for missed sessions (if known). Note: If an offender misses group, the Treatment Provider must notify HCCSCD of the date the offender missed treatment, by phone call and email within 24 hours.

2. Notes on participation in group.

3. Any admissions of illegal behavior (past or present) should be reported to HCCSCD by phone and email within 24 hours. The Treatment Provider must notify the appropriate law enforcement agency as well as HCCSCD. HCCSCD is not a reportable law enforcement agency and informing HCCSCD of law violations will not meet the requirement of notifying law enforcement.

4. Any admissions of violations of conditions of community supervision should be reported to HCCSCD by phone and email within 24 hours.

5. A written report of any incident must be completed upon the request of HCCSCD.

6. Progress in treatment should be documented with emphasis on changes made by the offender in behavior, attitude, social and sexual functioning, cognitive processes and arousal patterns. Progress in the offender’s demonstration of increased understanding of his own deviant behavior, sensitization to the effects on victims, and the offender’s ability to seek and apply help.

7. Information on the offender’s completion of assignments, quality of work on assignments, and details on presentation and feedback should also be included in monthly progress reports. The offender’s overall progress rating by Treatment Provider is to be indicated on progress report.

B. Annual Reports

In addition to the January progress report, HCCSCD requests that an annual report be submitted.

(Attached is a sample of the form). This form addresses issues set forth by the Council and allows the CSO to view the offender’s overall progress. The annual report must be completed by the 31st of January.

III. Testing Criteria

In addition to the initial assessment and/or psychological testing needed upon entering a sex offender treatment program, HCCSCD requires the appropriate polygraph examination so that the offender’s arousal patterns and history of deviant arousal can be considered and addressed in the treatment plan as quickly as possible. The following exams are recommended:

A. The Instant Offense polygraph is required within the first six months of supervision if the offender is in denial.

B. If the offender is not in denial, a full Sexual History polygraph is recommended within the first six months of supervision.

C. Maintenance and/or Monitoring polygraphs at least once a year or as ordered by the court or requested by the Treatment Provider as part of treatment.

D. Additional arousal testing as needed to chart the offender’s progress in dealing with deviant arousal

(Abel or Penile Plethysmograph).

E. A Sex Offender Treatment Provider may request a polygraph examination be conducted. However, all referrals for polygraphs shall be made by the CSO with an Approved Polygraph Examiner.

Communication between the CSO supervising the case, the Treatment Provider and the Polygraph Examiner should occur prior to an examination. This type of communication will allow all participant input and understanding as the nature of the examination.

IV. Regular Reviews

The treatment provider should be available for reviews with the CSO’s when needed to address the specifics of the treatment plan. Reviews can be conducted as follows:

A. Face to face staffings with the offender, CSO, and Treatment Provider when needed.

B. Phone reviews with treatment provider regarding compliance issues.

C. Phone reviews with Treatment Provider to keep each other informed of any violations of conditions of supervision or other problems. Phone reviews will provide more timely notification than monthly progress reports on serious issues.

D. Be available for consultation to assist the CSO and the courts in making decisions regarding travel, employment conflicts, or other situations where therapist input is beneficial.

V. Group Size

Group size should not exceed 10 members (except in the event of treatment provider emergency situations) to ensure effective treatment and to allow all members to participate. Special Needs groups should not exceed 8 members. For major holidays or extended vacations, prior written arrangements should be submitted to HCCSCD and offender in a timely manner. Groups should be held weekly to comply with court orders.

VI. Understanding of HCCSCD

A. Treatment Provider understands that monitoring compliance with court orders is the primary responsibility of the CSO and that the CSO monitors treatment progress in an ongoing effort to assess the risks that the offender presents to the community. Treatment Provider understands and agrees that the CSO is permitted to:

1. Review progress reports and test results and discuss reports/results with the offender.

2. Request and attend staffing with the Treatment Provider as needed.

3. Question the offender about treatment issues, e.g.; what the offender has learned in group, how he/she is applying treatment, what assignments have been given, and specific changes the offender has made in his/her life.

4. Conduct regular risk assessments including questioning the offender about group, assignments, and testing in order for the CSO to stay informed of the offender’s participation and progress and to support the Treatment Provider in keeping the offender focused on making progress. This process of evaluation may include looking at the homework.

5. Initiate monthly contact with treatment provider.

B. Multi-Disciplinary Supervision. Treatment Provider understands and agrees that the CSO may:

1. Provide the Treatment Provider with information when making a referral to SOTP. Provide summaries of conditions, offense reports, criminal history, and victim information from the supervision file, as allowed by law.

2. Notify the Treatment Provider of admissions made by the offender in regard to treatment issues, law violations, and/or community supervision violations as they relate to treatment.

3. Notify the Treatment Provider of positive urinalysis, drug/alcohol issues, employment, residence concerns, etc.

4. Contact the Treatment Provider to discuss any concerns about treatment and or progress of the offender.

5. Contact the Treatment Provider to discuss risks and child avoidance concerns when issuing travel permits, reviewing employment conflicts, etc.

6. Be available to complete case staffings, in person with the offender, at the request of the

Treatment Provider.

7. Notify the Treatment Provider when offender is incarcerated, hospitalized, etc. and unable to attend group.

VII. Reunification Process

Family reunification must follow the procedure as drafted by the Interagency Coordinating Council on Sex Offenders. Please refer to Protocol for Family Reunification.

VIII. Procedure for Changing Treatment Provider

Any changes with the treatment provider will be handled in accordance with the Recommended Guidelines of the Council, unless otherwise specified by the Court.

IX. Protected Health Information

Treatment Provider must be familiar with and comply with state and federal requirements relating to drug/alcohol-related information, HIV/AIDS information, mental health information, and with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), PL 104-191, the HIPAA regulations (codified at 45 CFR Parts 160 and 164), and Chapter 181, Texas Health and Safety Code, as amended, and will provide HCCSCD with a copy of each authorization of any probationer to disclose information as required by this agreement. Authorizations will conform to HIPAA requirements and such other state and federal laws as may be applicable.