Attachment_C_-_APA_PCSOT_Model_Policy_(September_2021).pdf

Model Policy for Post-conviction Sex Offender Testing

September 2021

Table of Contents

1. Model Policy

1.1. Compliance and local authority

1.2. Periodic review and modification

2. Evidence-based approach

2.1. Face-valid principles

2.2. Evolving evidence

3. PCSOT program goals

3.1. Multidisciplinary Collaboration among professionals

3.2. Operational objectives

4. Decision-support

4.1. Professional judgment

4.2. Successive hurdles

4.3. Confidentiality and mandatory reporting

5. General principles

5.1. Rights and dignity of all persons

5.2. Polygraph examiner as part of the supervision and treatment team

5.3. Non-interference with ongoing investigations

5.4. Known and unknown allegations

5.5. Confirmatory testing

5.6. Ethical and professional roles

5.7. Number and length of examinations

5.8. Examination techniques

6. Operational definitions

7. Examination questions

7.1. Relevant questions

7.2. Comparison questions

8. Types of PCSOT examinations

8.1. Instant offense exam

8.2. Sexual history exam

8.3. Maintenance exam

8.4. Sex offense monitoring exam ……………………………………………………………….…18

9. Testing procedures

9.1. Case background information

9.2. Audio-visual or audio recording

9.3. Pretest phase

9.4. In-test operations

9.5. Test data analysis

9.6. Posttest review

10. Examination report

10.1. Dissemination of test results and information

10.2. Scope of expertise

11. Records retention

12. Quality assurance

13. Examiner qualifications

13.1. Specialized training

13.2. Continuing education

1. Model Policy. This Model Policy is a description of recommended best-practices for polygraph professionals who engage in Post-Conviction Sex Offender Testing (PCSOT) activities. It is intended to provide a basis for local programs to develop or update their

PCSOT policies. However, it does not address all aspects of PCSOT activities or policy implementation at the local level.

1.1 Compliance and local authority. Examiners should acquaint themselves with and adhere to all legal and regulatory requirements of their local jurisdictions. In case of conflict between the Model Policy and local requirements, policies or legislation, local procedures should take precedence.

1.1.1. Compliance with this Model Policy. Examiners whose work varies from the recommendations of this Model Policy should be prepared to provide justification for doing so.

1.1.2. Compliance with professional standards. Unless prohibited by law, regulation or agency policy, all members of the American Polygraph

Association (APA) shall comply with the APA Standards of Practice.

1.2. Periodic review. This Model Policy will be reviewed and amended periodically in or-der for it to remain consistent with emerging information from empirical studies and changes in practice.

2. Evidence-based approach. This Model Policy is based on knowledge and principles derived from existing research pertaining to polygraph testing, risk assessment, risk management, and behavioral/mental health treatment of persons convicted of a sexual offense. Some elements of this Model Policy are intended to promote reliability and professionalism through the implementation of standardized field practice in the absence of data from empirical studies.

2.1. Face-valid principles. When an evidence-based approach is not possible, this Model

Policy emphasizes face-valid principles pertaining to polygraph testing and related fields of science including psychology, physiology, mental health treatment, risk assessment, signal detection, decision theory, inferential statistics, and predictive analytics.

2.2. Evolving evidence. In the event that evidence from empirical studies indicates that the practice recommendations of this Model Policy are inconsistent with empirically based evidence, the evidence-based information should prevail.

3. PCSOT program goals. The ultimate goal is to increase public safety. One of the primary goals of all PCSOT activities is to increase the amount of information available to those work-ing with persons convicted of sexual offenses in order to add incremental validity to risk as-sessment, treatment planning and risk management decisions.

3.1. Multidisciplinary collaboration. Examiners who engage in PCSOT activities should emphasize a collaborative approach to work with other professionals involved in the supervision and treatment of persons convicted of a sexual offense. This ap-proach involves communication between individuals from varying disciplines and systems including treatment providers, supervising officers, polygraph examiners, medical and psychiatric professionals, child-protection/family-services workers, and other professionals as may be deemed necessary.

3.1.1. The aim of this collaborative approach is to formulate supervision and treatment strategies that are matched to individual strengths, needs, and abilities in order to enhance competencies, and to promote changes in thoughts, feelings, and behaviors to promote healthy living and reduce the risk of sexual recidivism, enabling the successful reintegration of the offender back into the community.

3.2. Operational objectives. Any or all of the following operational objectives should be considered a reasonable and sufficient basis to engage in PCSOT activities:

A. Increased disclosure of problem behaviors of relevance to professionals who work with persons convicted of a sexual offense.

B. Deterrence of problem behavior among persons convicted of a sexual offense by increasing the likelihood that engagement in such behaviors will be brought to the attention of supervision and treatment professionals.

C. Quantification of the likelihood of deception or truth-telling about involvement in or abstinence from problem behavior that will alert supervision and treatment professionals to any escalation in the individual’s level of risk to others or to the community.

E. Enhancing engagement of persons convicted of sexual offenses by encouraging increased disclosure of relevant information and by demonstrating adherence to treatment and supervision plans.

4.0 Decision-support. Polygraph testing of persons convicted of a sexual offense should be regarded as a decision-support tool intended to assist professionals in making decisions regarding risk and safety.

4.1. Professional judgment. Polygraph testing and polygraph test results should not supersede or replace the need for professional expertise and judgment but contribute to it. While as a scientific test polygraphy provides information, decisions that are based on it, especially those concerning other persons, are the responsibility of professionals. The probabilistic nature of polygraph test outcomes should be taken into account when used as part of the professional decision-making process.

4.2. Successive hurdles. Examiners may use a successive hurdles approach to testing to maximize both the informational efficiency and sensitivity of multi-issue (mixed-issue) screening polygraphs and the diagnostic efficiency and specificity of event-specific/single-issue exams. Successive-hurdles activities may include the use of additional testing or other activities, including posttest discussion, and additional field or background investigation. Follow-up examinations may be completed on the same day as the initial exam, or they may be scheduled for a later date.

4.2.1 Examiners may use single issue test formats for follow-up exams conducted in response to a previously unresolved multiple issue screening exam.

Single issue test formats should also be used for event-specific/diagnostic exams that are conducted in response to known allegations or known incidents for which there is reason to suspect the involvement of the examinee.

4.3. Confidentiality and mandatory reporting. Except as provided by law, information from the polygraph examination and test outcomes should be kept confidential and provided only to those professionals involved in the multi-disciplinary supervision and treatment of the examinee.

4.3.1. Examiners and mandated reporting. Examiners should adhere to local and state mandatory reporting laws.

4.3.2. Other professionals and mandatory reporting. Examiners should remain aware that other professionals in the collaborative treatment approach may be subject to mandatory child-abuse reporting or other mandatory disclosure requirements.

5. General principles. Examiners who engage in PCSOT activities should adhere to all of the generally accepted principles that pertain to polygraph testing, including but not limited to the following:

5.1. Rights and dignity of all persons. Examiners should respect the rights and dignity of all persons to whom they administer polygraph examinations. Examiners should conduct all polygraph tests with sensitivity and awareness to issues of diversity and individual differences.

5.2. Polygraph examiner as part of the supervision and treatment team. Examiners should consider themselves to be an integral part of the multidisciplinary supervision and treatment team. Contact with the supervision and treatment team should be on a regular basis as needed, though the examiner will not maintain routine contact with the examinee between examinations.

5.3. Non-interference with ongoing investigations. Examiners who engage in PCSOT activities should not interfere with or circumvent the efforts of any investigation of a new criminal allegation.

5.4. Known and unknown allegations. Examiners who engage in PCSOT activities should investigate and attempt to resolve known allegations and known incidents before attempting to investigate or resolve behavioral concerns that do not involve a known allegation or known incident unless requested otherwise by the referrer.

5.5. Confirmatory testing. PCSOT activities should be limited to the

Psychophysiological Detection of Deception (PDD). Confirmatory testing approaches involving attempts to verify truthfulness of partial or complete statements pertaining to an issue of concern should not be utilized in PCSOT programs. Truthfulness may be inferred when it is determined with reasonable and reproducible probability that the examinee has not attempted to engage in deception regarding the investigation targets.

5.6. Ethical and professional roles. Examiners who possess multiple types of credentials

(i.e., examiners who are also therapists, probation officers, or police officers) should be limited to one professional role with each examinee and should not conduct polygraph examinations on any individual whom they directly or indirectly treat or supervise.

5.7. Number and length of examinations. Examiners should not conduct more than five examinations in a single day,

5.7.1. Length of examination. Examinations should be scheduled for not less than

90 minutes in duration from the start of the pretest interview through the end post-test review.

5.7.2. Number of exams per examinee. Because of the risks of familiarization and other possible retest effects, examiners should not conduct more than four consecutive examinations per year with the same examinee. This does not include re-testing due to a lack of resolution from an earlier examination.

5.8. Examination techniques. Examiners should use a recognized comparison question technique for which there is evidence of validity and reliability, including estimates of sensitivity and specificity, published in the APA journal or other peer-reviewed scientific journal. There should not be more than four relevant questions per test series.

6. Operational definitions. Examiners should ensure that every behavior of concern to the multi-disciplinary supervision and treatment team is anchored by an operational definition.

Operational definitions should be common among all referring professionals and use language that is free of jargon. It should be easily understood by the examinee. Examples of operational definitions include the following:

A. Physical sexual contact: refers to rubbing or touching another person's sexual organs (i.e., breasts, buttocks, genitalia) whether over or under clothing, for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual

“curiosity.” This includes having, allowing, or causing another person to rub or touch one's own sexual organs, whether over or under clothing. This does not include medical care with adults or children, or parental contact with children's private areas in the form of diapering, wiping, bathing, dressing, or changing, unless done for the purpose of sexual arousal or stimulation.

B. Non-contact Sexual Behavior: refers to sexual behaviors such as exhibitionism, voyeurism, public masturbation, child pornography, or other sexual behaviors that are unlawful but do not involve physical contact.

C. Sexual contact: any form of contact with an individual for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.”

D. Force (real or implied violence): any form of real or implied violence, including for sexual arousal, physical restraint to prevent a victim from leaving, escaping, or moving away from the assault, or threats of harm to a victim's family members or pets. Force/restraint may also include alcohol or drug use in a manner that deprives a person of an ability to consent.

E. Coercion (non-violent): any non-violent means to gain compliance of a victim who expresses his or her reluctance to comply (e.g., bribery, threats to embarrass or end a relationship, etc.). Coercion may also include using or providing alcohol or drugs in a manner that influences a person’ thoughts, choices and behavior in ways that would differ from those when not under the influence.

F. Grooming (child grooming): any means of building trust or exploiting a relationship; this could include befriending family members to gain access to a child which could allow the victim to surmise a perception of complicity, also applies to internet-based behaviors.

G. Manipulation: any means of trickery to gain the compliance of a victim who is unaware of the sexual motives of the offender (e.g., wrestling, horseplay, tickling and similar behaviors).

H. Relative (family member): any person related by blood, marriage, or adoption, or where a relationship has a legal relationship or the appearance of a family relationship (e.g., dating or live-in relationship with the person(s) natural, step or adoptive parent).

I. Minor, child, youth, and underage person includes any person defined by local laws and legislature as being below the age of consent to engage in sexual behavior.

J. Incidental contact: refers to any brief, unanticipated or unplanned contact, greeting

(e.g., waving, or smiling), interaction (i.e., verbal), or incidental physical contact

(e.g., shaking hands, hugging, patting the head, bumping into, exchanging money or merchandise, etc.).

K. Physical contact: includes shaking hands, hugging, patting the back or head, bumping into, exchanging money or merchandise along with other forms of physical contact including sitting on one's lap, holding, wrestling or athletic activities, etc.

L. Unapproved contact with minors any contact or activity with minors that goes against the examinee’s agreement with treatment, probation, or parole (whether state or federal). This may include a variety of restricted behaviors that vary for in-dividuals, including being alone with a minor, non-sexual physical contact, and/or other interactions.

M. Alone/unsupervised contact with minors: interaction, activity or contact with minors in any context which takes place in the absence of someone approved by treatment and/or supervision to supervise this contact.

N. Approved Supervisor: an individual who the supervision and/or treatment team has agreed can supervise contact between the examinee and a minor. They will have been informed of the individual’s diagnosis and offense issues, knowledgeable about the limits of acceptable behavior, and how to report a problem.

O. Pornography: the explicit depiction of sexual subject matter for the purpose of sexually arousing the viewer, sometimes referred to as X-rated or XXX material, though there is no formal rating system.

P. Child Sexually Explicit Material (CSEM)/Indecent Images of Children (IIOC): any visual depiction of sexually explicit conduct involving a minor (someone under

18). May include videos, digital or computer-generated images indistinguishable from an actual minor, and images crated, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film or videotape, and electronically stored data that can be converted into a visual image. (USCC.Gov, 2021)

Q. Sexually stimulating materials/erotica the use of sexually arousing imagery, especially for masturbation purposes.

R. Sexual thought thoughts or patterns of thoughts, often in the form of mental imagery with the goal of creating or enhancing sexual arousal or sexual feelings.

S. Sexual Fantasy/Erotic fantasy: can be a developed or spontaneous story, or a short mental flash of sexual imagery. This differs from a sexual thought by length and narrative complexity. Short sexual thoughts often lead into a sexual fantasy.

T. Masturbation: refers to sexual stimulation of one's genitals, often, though not always, to the point of orgasm. Stimulation can be over or under clothing, either manually or through other types of bodily contact, through the use of objects or devices, or through a combination of these methods. Although masturbation with a partner is not uncommon, masturbation for the purpose of this Model Policy refers to self-masturbation.

7. Examination questions. Examiners should have the final authority and responsibility for determining test questions and question language, which must be reviewed with the exami-nee. Examiners should advise the supervision and treatment professionals to refrain from informing the examinee of the exact test questions and investigation targets, or coaching the examinee in the mechanics, principles, or operations of the polygraph test. Questions about polygraph testing should be directed to the examiner at the time of the examination.

It is however appropriate for community supervision team members and treatment profes-sionals to inform the examinee of the purpose or type of each examination.

7.1. Relevant questions. Relevant questions should pertain to a single frame of reference, which relates to the type of PCSOT examination. (See section 8.)

7.1.1 Content. Relevant questions should address behaviorally descriptive topical areas that have a common time of reference (time-period under investigation). and frame of reference (purpose of the exam) Content should bear operational relevance to evidence-based risk assessment, risk management and treatment planning methods. Examiners should exercise caution to ensure they do not violate any rights of examinees regarding answering questions about criminal behaviors.

7.1.2 Structure. Relevant question construction should be:

A. answerable by a “NO” without unnecessary mental exercise or uncertainty;

B. behaviorally descriptive of the examinee’s direct or possible involvement in an issue of concern;

C. simple, direct and easily understood by the examinee;

D. time-delimited (date of incident or time of reference);

E. free of assumptions of guilt or deception;

F. free of jargon, legal terms; and

G. free of references to mental state or motivational terminology except to the extent that memory or sexual motivation may be the subject of an examination following an admission of behavior.

7.2. Comparison questions. Comparison questions should meet all common requirements for the type of comparison question being applied.

7.2.1. Structure. Comparison questions should be structurally separated from relevant questions by either the frame of reference or the time of reference.

Nothing in this Model Policy should be construed as favoringthe use of exclusive or non-exclusive comparison questions or probable or directed lie comparison questions.

8. Types of PCSOT examinations. Examiners should utilize four basic types of PCSOT ex-aminations: instant offense exams, sexual history disclosure exams, maintenance exams and sexual offense monitoring exams. These basic types of examinations provide both a frame of reference and a time of reference for each examination. Examiners should not mix investigation targets from different frames of reference (examination types) or times of ref-erence within a single PCSOT examination.

8.1. Instant offense examination. The Instant Offense (IO) exam can be conducted at any time during the treatment and supervision process if a person denies all or part of the behavioral allegations of the instant offense, or if the multi-disciplinary treat-ment or supervision team determines that accountability for the circumstances and details of the instant offense represent a substantial barrier to a convicted person's engagement and progress in sex offense specific treatment. The goals of this exam may be several and can include reduction of denial of the behavioral allegations and circumstances of the instant offense, improve the information available for treatment planning, risk assessment and risk management, and to mitigate the po-tential for further traumatizing an abused person.

8.1.1. Examiners should conduct the Instant Offense exam as an event-spe-cific diagnostic polygraph for convicted persons who deny any or all-im-portant aspects of the allegations pertaining to the sex offense for which they have been convicted and are presently subject to supervision and treat-ment. It may be used to investigate a pattern or series of offenses against an individual abused person, including offenses over a period of time.

8.1.1.1. It is not mandatory that the instant offense is always con-ducted as the first polygraph examination. A multi-disciplinary treat-ment and supervision team may wish to prioritize the maintenance exam instead of an instant offense if there are concerns about behav-ioral self-control for persons whose are released to the community to begin treatment and supervision after a period of incarceration.

8.1.1.2. An instant offense (diagnostic) exam may also be used to investigate unresolved prior allegations, whether convicted or not, that a convicted person denies, if the multidisciplinary treatment and supervision team determine that these may present a barrier to en-gagement and progress in treatment or compliance with supervision and risk management efforts.

8.1.1.3. Instant offense – examination targets. Examiners, along with the other members of the community supervision team, should select the relevant investigation targets from the circumstances of the alle-gation that the convicted person denies. Target issues for this diag-nostic polygraph test are not independent.

8.1.1.4. Instant offense – time of reference. The time of reference for this examination is the time of the reported allegations.

8.1.2. Instant Offense Investigative Exam. When a supervision and/or treat-ment team has determined it necessary to test the limits of a convicted per-sons’ admitted offenses against an individual abused person (such as prior to reunification or clarification with an abused person), examiners should use an Instant Offense Investigative (IOI) screening exam. This examina-tion may be useful after substantial progress in treatment and prior to reuni-fication with a victim. Examiners, together with the other members of treat-ment and supervision team, should select investigation target questions re-garding additional or unreported offense behaviors that are not already in-cluded in the allegations of the instant offense. Target questions may in-clude the number of offense incidents, earliest or latest offenses, relevant behaviors that are not already known, the degree of physical force, restraint, violence or threats of harm, and other/unknown behaviors involving the abused person. Test questions for this screening polygraph may address a variety of behavioral issues but are not independent in as much as they will all pertain to one abused person. The time of reference for the Instant Of-fense Investigative exam should be the duration of the convicted person’s relationship with the abused person(s).

8.1.2.1. Caution is warranted with the use of an IOI when the reported be-havior is extensive as it may not be realistic or necessary to know every-thing that was done to an abused person(s).

8.2. Sexual History Exam. Examiners should use the Sexual History Examination

(SHE) to investigate the convicted person’s history of involvement in unknown or unreported sexual offenses and sexual behaviors that may be indicators of sexual compulsivity, sexual pre-occupation, or sexual deviancy. Information and results from these examinations are intended to assist decision making in respect of risk assessment, risk management and treatment planning. Results may increase knowledge about attitudes and behaviors, other types of criminal offenses, or other serious sexual offenses. The aim is not to identify prosecutable crimes, but to help clarify if the person has a history of acting upon a particular sexual interest or de-sire and/or patterns of problematic behavior. Information and results from these ex-aminations should be provided only to the professional members of the supervision or treatment team unless otherwise directed by law.

8.2.1. The Sexual History Exam (SHE) should be used when a referring profes-sional wants to investigate a convicted person's lifetime history of unknown/unre-ported sexual offense behaviors. Behavioral targets should be selected for their rel-evance to risk assessment, risk management and treatment planning in collabora-tion with the referring professional and may include behaviors related to selection of, access to, control or silencing of, and impact on abused persons as well as non-contact offences. Target issues may also include behaviors related to grooming, manipulation, use of violence, physical force, restraint, threats of harm, and build-ing or exploiting relationships as a means of gaining access to others for sexual abuse. The SHE usually addresses a range of different behaviors and targets that are generally assumed to be independent of one another. Nothing in this model policy should be construed as prohibiting the completion of the SHE in a series of more narrowly focused exams if this approach lends to more satisfactory resolution of the behavioral target issues.

8.2.1.1. Examiners, in support of the supervision and treatment team, should select investigation targets that provide operational relevance to treatment planning and risk management. Validated polygraph test formats can be used with two to four relevant target issues. It is unrealistic to attempt to test and fully resolve every possible sex history target or to assume that it is possible to know everything about a convicted person’s entire lifetime of sexual behavior. Examiners should familiarize themselves with the types of sexual behavior that play an important role in sex offense risk assessment and sex offense treatment. Some sexual behaviors, for example, may be in-dicative of sexual compulsivity or preoccupation for which the actual num-ber of incidents may not add additional information but may be useful with convicted persons who substantially deny any involvement in those behav-iors.

8.2.1.2. SHE– suggested examination targets. Investigation targets should provide operational relevance to treatment planning and risk management.

The examples below are not listed in any priority or suggested order, and it is not intended or implied that any or all of them should be included as rele-vant test questions:

A. Sexual contact with underage persons, as defined by local laws/statutes regarding the legal age of majority and consent, while the convicted per-son was legally an adult.

B. Sexual contact with relatives, whether by blood, marriage, adoption, or where a relationship has a legal meaning or is in effect a family relation-ship (e.g., a dating or live-in relationship with the person(s) natural, step or adoptive parent).

C. Use of violence to engage in sexual contact, including real or implied violence, physical force, restraint, or threats of harm toward an abused person or their family members, possibly including pets. This may include the use of a weapon or any physical or verbal means of violence. How mental, emotional or physical violence is used and whether it exceeds the amount needed to gain compliance may provide useful clinical infor-mation, especially if it increases the arousal or pleasure of the perpetrator

(often referred to as sadistic behavior).

D. Sexual contact with persons who appeared to be unconscious, asleep, or incapacitated with drugs or alcohol, or who were mentally or physically helpless for other reasons. The defining characteristic of this type of abuse is that an abused person appeared to be asleep or unconscious at the time of an abuse, and no attempt should be made to use this type of target ques-tion to determine whether an abused person was actually asleep/uncon-scious or was feigning sleep or unconsciousness at the time.

E. Voyeurism/sexual peeping activities, including attempts to view some-one naked, undressing/dressing, or engaging in sexual acts without their permission or knowledge. This includes the use or creation of a hole or opening to view others for sexual arousal, the use of optical technology or optical devices (e.g., cameras, mirrors, binoculars, or telescope) to view others for sexual purposes, and the use of cell phones to take pictures or videos of persons without their permission (e.g., up the skirt, under a bath-room stall, by hacking into or setting up a video camera).

F. Exhibitionism/indecent exposure, including all attempts to intentionally or to appear to have “accidentally” exposed one's private parts to unsus-pecting persons in public places, including the wearing of loose or baggy clothing for the purpose of enabling the sexual organs to become exposed to others for sexual purposes.

G. Theft or use of underwear/undergarments for sexual arousal or mastur-bation, including taking or keeping undergarments (including other per-sonal property or “trophies”) from relatives, friends, sexual partners, ac-quaintances, or strangers for masturbation or sexual arousal. This may also include incidents of wearing another person's underwear or undergar-ments without that person’s knowledge or permission, in addition to inci-dents in which underwear, undergarments, or personal property was re-turned after use for masturbation or other use for sexual arousal.

H. Frottage/sexual rubbing, including genitally rubbing against or touch-ing a nonconsenting person without their knowledge or permission, by standing or walking too close in public locations (e.g., work, stores, school, or other crowded places).

I. Child pornography, including any history of viewing, possessing, pro-ducing, using, or distributing indecent images of minors in sexually pro-vocative poses, with or without clothes, or engaging in sexual acts either alone or with others.

J. Sexual contact with animals, refers to all sexual behaviors (including attempts) involving pets, (whether belonging to the examinee or others), domesticated (farm/ranch) animals, or wild animals, whether living or de-ceased, and whether whole or dismembered. This is often referred to as bestiality.

K. Stalking/following behaviors, including all incidents of following, tracking, or observing someone for sexual or aggressive/angry reasons. It also includes all other efforts to monitor or observe another person's be-havior in person, electronically or by using a surrogate, without that per-son’s knowledge or permission.

L. Use of a computer to solicit minors for sexual activities, including ever using the internet, or any electronic communication device in an attempt to solicit an underage person for sexual contact. It also includes engaging in online sex-chats or cyber-sex activities via internet relay chat, instant messaging, web chat, social media applications, dating/ “meet up” apps

(applications), email and/or any other electronic method.

M. Masturbation or sexual acts in public places where one could be seen by others such as in workplace/school locations, public restrooms, or adult entertainment businesses. Although not a public place, masturbating at home in front of a window in order to be seen by others is also relevant.

N. Online sex activities, including sex-chat, sex-games, and web-cam sex activities, as well as online masturbation and/or virtual activities.

O. Paraphilias are a category of compulsive behaviors. These are exhibi-tionistic disorder, fetishistic disorder, voyeuristic disorder, frotteuristic disorder, sexual masochism disorder, sexual sadism disorder, pedophilic disorder, transvestic disorder, and other specified or unspecified para-philic disorder. They often begin at a young age. There are other “para-philias” too numerous to list, which are characterized by obsessive thoughts and compulsive actions over time which can be illegal and/or harmful to the individual. The examiner should communicate with profes-sionals to become familiar and be open to the possibility that a given ex-aminee may have those issues.

8.2.2. Sex history document. Examiners should work with the community supervision team to require examinees to complete a written sexual history document prior to administering a sexual history polygraph. The sexual his-tory document should provide operational definitions that unambiguously describe each sexual behavior of concern. The behavior may be clinically significant based on the age of onset, frequency and duration of the behav-ior, efforts to reduce the behavior, and time since the behavior was last en-gaged in. It should be the examiner's discretion to administer an alternative form of Post-Conviction Sexual Offender Testing examination if an exami-nee has not completed and reviewed the sexual history document prior to the examination date.

8.2.2.1The purpose of the document is to help examinees review and organize their sexual behavior histories. It aids in familiarizing them with the conceptual vocabulary necessary to accurately discuss sex-ual behaviors during the polygraph pretest interview, it can assist ex-aminees in recognizing sexual behavior that was abusive, unlawful, or unhealthy, and identify behaviors that are considered within nor-mal limits.

8.2.2.2. Testing the limits of admitted sexual compulsivity or sexual preoccupation. Examiners should attempt to prioritize the investiga-tion of behaviors in which the examinee denies any involvement. It is not realistic to attempt to know everything about a convicted per-son’s lifetime history of sexual behavior. Similarly, it is not realistic to attempt to know every incident when a convicted person admits to substantial involvement in sexual behaviors that may be an expres-sion of sexual compulsivity or sexual preoccupation. Sex history tar-get questions should be selected carefully in the context of each case. Examinees should not be expected to have a “perfect memory” of historical sexual events. Approximate time frames and estimates regarding frequency should be considered reasonable.

8.3 Maintenance Exam. Examiners should conduct the Maintenance Examination (ME) to investigate, either periodically or randomly, the examinee’s compliance with any file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 of the terms and conditions of probation, parole, and treatment rules.

8.3.1 Maintenance exam - scheduling. Maintenance Exams should be completed approximately each 6 to 12 months. Examiners should discuss with multidisciplinary team members the possible deterrent benefits of randomly scheduled maintenance exams for some examinees.

8.3.2. Maintenance exam - examination targets. Investigation targets for the

Maintenance Exam should bear operational relevance to an examinee's stability of functioning and any changes in acute risk level as indicated by compliance or non-compliance with the terms and conditions of the supervision and treatment contracts, any of which may be selected as examination targets. Investigation targets for Maintenance Exams should emphasize the development or verification of information that would add incremental validity to the early detection of an escalating level of threat or to the community or to potential victims.

8.3.2.1. Unknown allegations. Maintenance Exams should not address known allegations or known incidents, which are properly investigated in the context of an event-specific polygraph exam.

8.3.2.2. Compliance focus. Maintenance Exams should emphasize target questions about compliance or non-compliance with supervision and treatment rules. Questions about unlawful sex acts or re-offense behaviors may be included in the examination as long as circumstances related to rights against self-incrimination as listed in the section dealing with Sex Offense Monitoring

Examinations do not exist. An elevated level of concern regarding re-offense should warrant a Sex Offense Monitoring

Exam (SOME) – not a Maintenance Exam. Examiners should exercise caution to ensure they do not violate any rights of an examinee regarding the answering of questions about new criminal behaviors.

8.3.2.3. Examination targets. Examination targets could include, but are not limited to the following:

A. Sexual contact with unreported persons of any age, including any form of rubbing or touching of the sexual organs (i.e., breasts, buttocks, or genitalia) of any person not already known or reported to the supervision and treatment team, either over or under clothing, for the purpose of sexual arousal/stimulation, sexual gratification, or sexual “curiosity.” It also includes causing or allowing others to touch or rub one's own private parts either over of under clothing, for the purpose of sexual arousal/stimulation, sexual gratification, or sexual “curiosity”; and sexual hugging and kissing activities.

file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238

B. Use of pornography, if prohibited. Pornography use includes viewing or using X-rated (or “XXX”), nude, or pornographic images or materials (e.g., pornographic magazines, pornographic movies on cable television, including scrambled television programming, pornographic movie theaters, pornographic video arcades, videotape, CD/DVD, or other recorded media including pornographic images or materials via computer or the Internet, iPod, cell phone, video games, or any electronic messaging system, or computer communication interaction system if used for sexual arousing imagery). It may also include using non-pornographic erotica (nude or non-nude) images or materials for sexual stimulation or masturbation purposes

(e.g., sexually objectifying entertainment magazines, bikini or car magazines, nudity or erotic scenes in non-pornographic movies, sexually oriented stories in magazines, novels, or Internet/computer resources, and/or anything at all on television). This target may be restricted to using pornographic or sexually stimulating materials for masturbation purposes.

C. Physical contact with underage persons, which can include purposeful activities such as hugging, shaking hands, or playing together, and may also include un-planned or incidental physical contact. Examinees may or may not be subject to restrictions and reporting requirements in this area. Questions should address these restrictions as directly as possible. When there are no restrictions, this target should be omitted. When a target involving contact with minors is used, examiners should select from either 8.4.2.3.C or 8.4.2.3.D should avoid an imbalanced loading of test target issues.

D. Being alone or un-supervised with underage persons, refers to prohibited activities in which others cannot see, hear, monitor or observe the activities, or for which others are unaware of an activity involving the examinee and one or more underage persons.

E Including forced, coerced or violent sexual offenses, sexual offenses against underage persons, incest offenses, or sexual contact with unconscious persons. It may also include sexual deviancy/compulsivity/preoccupation behaviors such as voyeurism, exhibitionism, theft of undergarments, public masturbation or other sexual behaviors.

E.1.Sexual re-offense questions should be used file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 judiciously in the context of routine maintenance

(screening) exams. Incidence rates (prior probability) for sexual recidivism are thought to be lower than other types of non-compliance for some convicted persons.

However, these questions may be useful when there is a concern about an escalated risk level, in the absence of a known allegation or incident. These questions may also be useful with some convicted persons who’s abusive or problem sexual behavior may be more compulsive or persistent and may also be used to investigate the limits of non-compliance when other target issues provide insufficient information on the limits of behavior that may be of interest to professionals involved in treatment planning and risk management. In addition to potentially lower prior incidence rates, sexual re-offense questions may be more complex than other questions due to potential differences in perceived or expected consequences for these behaviors and due to potential differences in the interpretation of the rights of convicted persons when answering questions about criminal acts vs behavioral non-compliance with supervision and treatment rules. It may be preferable, at times, to use re-offense screening questions in the context of a single-issue screening exam.

F. Use of alcohol, illegal drugs or controlled substances, including tasting or consuming any beverage containing alcohol (if prohibited), or consuming any product containing alcohol for the purpose of becoming intoxicated, inebriated, drunk, “buzzed,” or “relaxed.” It also includes any use of marijuana (whether inhaled or not) or any other illegal drugs. This target also includes any misuse of controlled prescription medications, whether borrowing, sharing, trading, loaning, giving away, or selling one's own or another person's prescription medications or using any medication in a manner that is inconsistent with the directions of the prescribing physician. For persons with known addictions or substance abuse problems it may be preferable to rely primarily on other forms of testing.

G. Use of an electronic device for sexual purposes, including computers, cell phones, internet or electronic games, tablets, and other devices such a cameras or surveillance and recording systems to observe, interact, or access others for sexual arousal or sexual contact.

H. Masturbation activities and masturbatory fantasies, which may refer to any involvement in masturbation file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238_4_Maintenance_exam file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 activities when the examinee is prohibited from those activities, or it may refer to problematic forms of masturbation such as masturbating in a public location or where one could view or be viewed by others. It may also include voluntary or involuntary/intrusive thoughts or fantasies of a minor or past victim while masturbating or masturbation due to stress, boredom, anger, or other negative mood. Sexual thought and fantasy questions should always be linked to a specific behavior of concern.

I Child Sexually Explicit Material (CSEM)/Indecent

Images of Children (IIOC): any visual depiction of sexually explicit conduct involving a minor (someone under 18). May include videos, digital or computer-generated images indistinguishable from an actual minor, and images crated, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film or videotape, and electronically stored data that can be converted into a visual image. (USCC.Gov, 2021)

8.3.3. Maintenance exam - time of reference. Maintenance Exams should address a time of reference subsequent to the date of conviction or the previous

Maintenance Exam, generally not exceeding one year and only exceeding two years in specific circumstances. All investigation targets in a test series should have a common time of reference.

8.3.4. Maintenance exam - testing approach. Examiners should typically conduct this examination as a multi-issue (mixed-issue) screening examination.

However, nothing in this Model Policy should be construed as to prohibit the completion of the Maintenance Exam in a series of single-issue exams when such an approach will lend to more accurate or satisfactory resolution of the investigation targets.

8.4. Sex offense monitoring exam. Examiners should conduct the Sex Offense

Monitoring Exam (SOME) to explore the likelihood that the examinee may have been involved in unlawful sexual behaviors including a sexual re-offense during a specified period of time. Other relevant questions dealing with behaviors related to probation and treatment compliance should not be included.

8.4.1. Sex offense monitoring exam - scheduling. Sex Offense Monitoring Exams should be completed whenever there is a specific request from a supervision or treatment professional to investigate the possibility of a new offense while under supervision. Alternatively, this exam may be used when 1) the likelihood of sexual offense or other sexual crime is regarded as elevated by the member of the multidisciplinary treatment and supervision team, or 2) following a previously unresolved maintenance examination that included a relevant question about sexual offense behavior. Whenever the results of a maintenance exam indicate the need for further testing to obtain a more diagnostic conclusion, a single-issue test format file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 file:///C:/Users/Thiel/Dropbox/My%20PC%20(LAPTOP-KEFOS7LM)/Desktop/PCSOT%20MP%20Edits/section%208.4%20ME%208.4%20SOME%2020210625%20DG%20comments.docx%238 should be utilized. A single-issue Sex Offense Monitoring Exam can be expected to have improved diagnostic accuracy over a multi-issue (mixed issue) exam.

8.4.2. Sex offense monitoring exam - examination targets. Examiners should select investigation targets for the Sex Offense Monitoring Examination that pertain to new sex crimes while under supervision based on concerns expressed by the multidisciplinary supervision and treatment team.

8.4.3. Sex offense monitoring exam - time of reference. Sex Offense Monitoring

Exams should refer to a time of reference generally following the date of conviction or a previous Monitoring Examination. The time of reference should be clearly stated in the test questions and may include all or any part of the time that the examinee is under supervision or in treatment, including a specific date or restricted period of time. The time of reference should emphasize the investigation of possible unlawful sexual acts or sexual re-offense during the most recent period of months prior to the Sex Offense

Monitoring Exam.

8.5.4. Sex offense monitoring exam - testing approach. Examiners may conduct the Sex

Offense Monitoring Exam as a multi-issue (mixed-issue) screening examination.

However, nothing in this Model Policy should be construed as to prohibit the completion of the Sex Offense Monitoring Exam as a single-issue exam when that approach will lend to more accurate or satisfactory resolution of the investigation targets. Examiners should consider the use a single-issue technique when the Sex

Offense Monitoring Exam is used to follow-up on a previously unresolved

Maintenance…