August 10, 2009

Key Roles of Law Enforcement in Sex Offender Management

The fundamental problem is with the belief that "former offenders in the community" need to be managed or controlled. Until "government" gets it into their heads that, "former offenders really just want to again live a normal life" there will always be opposition to any form of "control." A law enforcement perspective needs to change..

8-10-2009 National:

Introduction

Law enforcement officials have always played a pivotal role in promoting community safety through crime response, public education, and crime prevention activities. Currently, safety concerns are particularly high with respect to the presence of sex offenders in local communities. Highly publicized violent sex crimes, generally involving child victims, draw this issue to the forefront and further heighten public fears.

In some instances, citizens have mobilized themselves in attempts to drive sex offenders from communities, and some recent laws (i.e., residency bans) have had the same overall effect. Experts indicate that this can actually decrease public safety, in part because law enforcement officers and others responsible for sex offender management will not be able to track offenders’ whereabouts or provide effective supervision and monitoring, which is certainly not in the public interest.[1]

Law enforcement agencies have long recognized that fear can be just as paralyzing to a community as the actual perpetration of a crime. It matters little whether the incidence of sex crimes is low; the public reacts to the danger they perceive. As Paul Grabosky (1995), from the Australian Institute of Criminology, said: “While the fear of crime expressed by some citizens is well-founded, other individuals are at less personal risk than they might believe. Their fear, however, is no less real.”

Therefore, the key question is not how to keep sex offenders out of communities; rather, it is how to best manage sex offenders who are in the community and still ensure public safety.

Citizens generally turn first to law enforcement for these and other answers. And undoubtedly, law enforcement officials are an integral part of the broader systemic response.

The purpose of this brief is to provide an overview of the multiple roles that law enforcement can play in increasing public safety and reducing sexual victimization through sex offender management efforts.

Sex Offenders are a Diverse Population

Because sex offenders are often cast in a single light, community members, lawmakers, and others tend to assume that they should all be managed in the same way. In reality, the individuals who commit sex offenses are nearly as diverse as the general public. They differ in terms of their demographics, the crimes they commit, the individuals whom they victimize, their reasons for engaging in sexually abusive behavior, and the extent to which they can be safely managed in the community.

Indeed, the level of risk that sex offenders pose to communities is one of the important ways in which sex offenders differ from one another. Some have a high likelihood of reoffending, whereas others are at relatively low risk to recidivate. This has implications for a number of decisions that are made throughout the system. Research indicates that increasing public safety by reducing the risk of recidivism is more likely to be successful when the intensity of correctional interventions matches offenders’ levels of risk (see Andrews & Bonta, 2006). This means that intensive supervision, monitoring, and treatment are best reserved for higher-risk sex offenders, and lower-intensity strategies are more effective for lower-risk sex offenders.

Specialized assessment tools can help differentiate higher- from lower-risk offenders and ensure that stakeholders throughout the system – including judges, law enforcement agents, community supervision officers, and treatment professionals – routinely use this information to inform decisions.

Sex Offender Management Requires a Comprehensive Strategy

The problem of sexual offending is complex and multifaceted and, as such, addressing this issue requires a multifaceted and comprehensive strategy. A comprehensive approach takes into account various responses and activities throughout the criminal justice system, including the following (see, e.g., Carter, Bumby, & Talbot, 2004):

# Investigations of sex crimes;
# Prosecution and sentencing decisions;
# Assessment practices to inform decisions pre- and post-sentencing;
# Prison-based and community-based interventions;
# Supervision, tracking, and monitoring strategies; and
# Public education and prevention efforts.

Given these components, it is clear that the responsibility for sex offender management cannot rest solely on a single agency or discipline. Collaborative partnerships across multiple agencies and disciplines are necessary. Law enforcement officials are among the key stakeholders that play a significant role in these efforts.

Community Policing Provides a Complementary Model

Prior to the 1980s, the primary role of law enforcement was to respond to law violations; the focus of their efforts was on the investigation and apprehension processes. This reactive approach often resulted in officers responding to the same locations to deal with the same or similar concerns time and time again. Reactive strategies proved to be a significant drain on resources and did not result in significant reductions in crime.

In the 1980s, the concept of community policing emerged as a philosophy and practice for law enforcement agencies. The basic principles of community policing dictate that police agencies work with communities in innovative ways to address crime and the conditions that lead to it, reduce the fear of crime within the community, and enhance the overall quality of life of citizens (Trojanowicz & Bucqueroux, 1990, 1994).

The result has been a shift to a much more proactive approach to law enforcement that promotes problem solving, collaboration with community partners, public education, and prevention. Presently, well over half of the police departments nationwide have adopted elements of community policing, most often through the use of problem-solving partnerships and community education efforts (Hickman & Reaves, 2006).

These particular community policing approaches complement the various components of a comprehensive sex offender management model. For example, while law enforcement officers take the lead role in responding to and investigating sex crimes, they remain actively involved in partnerships throughout other aspects of the system as a means of ongoing management and prevention efforts. Key partners for law enforcement officials include, but are not limited to, the following:
# Victim advocates, who provide assistance and support to those who are affected by sexual victimization, and who help to ensure that law enforcement agencies are responsive to the rights, needs, and interests of victims throughout the investigative process;

# Prosecutors, who make charging decisions based in large part on the investigations conducted by law enforcement;

# Community supervision officers (i.e., probation and parole officers), who are responsible for implementing strategies for reducing and otherwise managing sex offenders’ risk to reoffend and for ensuring that sex offenders abide by the conditions of their supervision; and

# Community agencies and organizations, which provide or coordinate programs, services, and other resources for victims and offenders.

Collaborative partnerships for community policing and sex offender management are based on the recognition that public safety benefits can be maximized by respecting different perspectives, exchanging information, coordinating limited resources, and appreciating the complementary roles and responsibilities that exist within and across agencies and disciplines.

The Traditional Role of Law Enforcement: Investigating Sex Crimes

The responsibilities of law enforcement officers begin the moment a sex crime is reported. Indeed, uniformed officers are often the first to have contact with identified victims. It is important to note, however, that a large percentage of individuals who have been sexually victimized do not report these crimes to the police or other public safety officials (Hazelwood & Burgess, 2008; Tjaden & Thoennes, 2006; Woods, 2008).

Under-reporting occurs for many reasons, including the following:

# The extremely private and personal nature of sexual victimization;

# Anxiety about their identity being made public;

# Fears that they will not be believed or may even be blamed for the crime;

# Self-doubt and self-blame;

# Emotional ties to, financial dependence on, and/or concerns about the prosecution of the perpetrator; and

# Fears about retaliation.

Community Policing Defined
“Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.”
Source: Office of Community Oriented Policing Services, U.S. Department of Justice, http://www.cops.usdoj.gov

When victims of sex crimes do come forward, it is generally because they hope to prevent victimization from happening again to themselves or to others (Tjaden & Thoennes, 2006). But even then, they may later recant some or all of the allegations or express hesitance around participating in the investigation and subsequent court proceedings, for the same reasons noted above.

As such, the nature of the interactions between the investigating officer and the victim become a paramount consideration. Law enforcement personnel must demonstrate respect, sensitivity, and support and take great care to minimize the potential for inadvertently re-traumatizing victims during the course of the investigation (Woods, 2008). Immediately engaging victim advocates, providing referrals and linkages to resources that are available to victims and their families, and offering information about the investigation and subsequent court processes are among the strategies that patrol officers can routinely employ (Woods, 2008).

For the remainder of this paper: by Center for Sex Offender Management

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