3/2/15 EARLY TERMINATION OF A CERTAIN PERSON S OBLIGATION TO REGISTER TEXAS SEX OFFENDER DEREGISTRATION PROGRAM HISTORY

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1 EARLY TERMINATION OF A CERTAIN PERSON S OBLIGATION TO REGISTER TEXAS SEX OFFENDER DEREGISTRATION PROGRAM Celeste Lunceford, MS, LPC-S Executive Director Council on Sex Offender Treatment (CSOT) HISTORY! 79 th Legislative Session (2005) o HB 867 amended Chapter 62, CCP Opportunity for some sex offenders to deregister o HB 2036 CSOT developed protocol for deregistration process utilizing research-supported risk assessment instruments o Actual Deregistration Program commenced on July 1, 2011, after CSOT research study on the risk assessment tools was complete WHY SEX OFFENDER DEREGISTRATION?! Research has shown that public registries do not serve to enhance public safety in all cases! Research has shown that community notification has little effect on sex offender recidivism! Research has shown that the registrant s family/ friends may experience threats/injury/assault/ property damage/harassment! Public registration may cause low-risk offenders such difficulty that it negates any protective effects that public registration may have 1

2 Association for the Treatment of Sexual Abusers (ATSA, 1996) WHAT DEREGISTRATION DOES NOT DO! It does not remove the offender from nonpublic registries! It does not remove DNA from law enforcement registries! It cannot be used to expunge or appeal a sex offense! It does not remove the sex offense from an offender s criminal record DEREGISTRATION GENERAL REQUIREMENTS! After being convicted of the sex offense: o No new criminal convictions that can result in a prison term of one year or more o No new misdemeanor or felony sex offense 2

3 3/2/15 DEREGISTRATION PROCESS - ONE! ONE reportable sex offense conviction Only Texas offenses are eligible Deferred adjudications are treated as convictions pursuant to federal Adam Walsh Act If more than one conviction, offender NOT ELIGIBLE for deregistration! Texas registration period must EXCEED minimum federal Adam Walsh Act registration period DEREGISTRATION PROCESS - TWO Council on Sex Offender Treatment Website: Deregistration tab! Tiering of Sexual Offenses links to DPS website! Locate applicable Texas penal code offense on DPS chart The minimum registration period for that offense must EXCEED minimum registration under federal law, or Adam Walsh Act An applicant must also meet any additional criteria required on the DPS chart of offenses Example of offenses ELIGIBLE to deregister 3

4 3/2/15 Example of offenses NOT ELIGIBLE to deregister DEREGISTRATION PROCESS - THREE! Initial Eligibility Checklist for Deregistration Evaluation Submitted by offender (or attorney) to CSOT legal for approval to move forward Offender does not have to have completed sex offender treatment Offender does not have to be off probation or parole Texas Department of State Health Services Professional Licensing and Certification Unit Council on Sex Offender Treatment P.O. Box , Mail Code 1982 Austin, Texas ATTN: CSOT Executive Director Phone (512) ** Fax (512) csot@dshs.state.tx.us INITIAL ELIGIBILITY CHECKLIST FOR EARLY TERMINATION OF CERTAIN PERSON S OBLIGATION TO REGISTER (Please Type or Print Clearly) Date: Attorney of Record: Address: City: Zip Code: Telephone Fax: Registered Sex Offender s Full Name: SSN: DOB: Address: City: Zip Code: Telephone Reportable Conviction or Adjudication: Texas Penal Code: Age of the Victim at the time of the Offense: County of Sentencing Court: Sex Offender Treatment: Yes / No Community Supervision: Yes / No (List of required supporting documentation is continued on next page) 4

5 In addition to this form, you must also submit the following supporting documentation: 1. Order of Conviction/Deferred Adjudication Order; 2. If the reportable conviction or adjudication involved a minor, the applicant shall provide a copy of one of the following documents which indicates the age of the victim at the time of the offense: a. Indictment b. Offense Report c. Probable Cause Affidavit 3. Current Criminal History Background Checks conducted by both the Texas Department of Public Safety and the Federal Bureau of Investigation. Click on the respective link and follow the directions provided by each governmental agency Cashier s Check or Money Order in the amount of $50, made payable to Council on Sex Offender Treatment. This fee is assessed for the administrative review of an applicant s file and/or request to early terminate his/her obligation to register as a sex offender in Texas. The following additional documents are not required with an Application for Early Termination, but may be enclosed as supporting documentation: 5. If an applicant has undergone sex offender treatment and has successfully completed his/her treatment program, a letter from the LSOTP confirming the applicant s successful completion of treatment; 6. If an applicant successfully discharged community supervision or parole, a copy of the order discharging applicant successfully from community supervision or parole. SUBMITTED ALONG WITH ELIGIBILITY CHECKLIST! Order of Conviction/Deferred Adjudication Order! If reportable conviction/adjudication involved a minor, one of the following which indicates the age of the victim at the time of the offense must be submitted: a. Indictment b. Offense Report c. Probable Cause Affidavit! Current Criminal History Background Checks (Texas DPS and FBI)! $50 cashiers check or money order ADDITIONAL DOCUMENTS! Supporting documents, but not required: o A letter from LSOTP confirming offender s successful completion of sex offender treatment, if applicable o A copy of the order discharging offender successfully from community supervision or parole, if applicable. (While not required, it is certainly beneficial for an individual to complete sex offender treatment and provide that documentation because a judge makes the final decision for deregistration.) 5

6 3/2/15 DEREGISTRATION PROCESS - FOUR! If approved by CSOT legal to move forward Offender is provided list of Deregistration Evaluation Specialists to conduct evaluation Must by Licensed Sex Offender Treatment Providers (LSOTP) Must have completed specialized training by CSOT to conduct deregistration evaluations and approved to be a Deregistration Evaluation Specialist by CSOT Listed online here: DEREGISTRATION EVALUATION SPECIALISTS DEREGISTRATION PROCESS FIVE! Undergo Deregistration Evaluation by Deregistration Evaluation Specialist Evaluation must include: Clinical Interview (face to face, including Mental Status Exam, Social History, Instant Offense, Sex History, and Sex Offender Treatment History) Personality Assessment (pencil/paper testing, PAI, MMPI-2, etc) Static 2002 (or if Possession of Child Pornography, then The Risk Matrix 2000) risk assessment (an actuarial risk assessment device that is designed to assess an individual s risk for future sexual crimes and violent crimes) Level of Service Inventory-Revised (LSI-R) risk assessment (samples many of the major and minor risk factors of criminal activity to provide comprehensive risk/needs assessment) Hare Psychopathy Checklist-Revised (PCL-R) risk assessment (designed to determine if an individual is a psychopath, which is the person most likely to commit criminal offenses) Paulus Deception Scale (measures malingering/deception) Standardized, CSOT-approved forms must be used 6

7 DEREGISTRATION PROCESS - SIX! Deregistration Evaluation returned to CSOT by clinician for clinical approval to ensure standardized protocol is followed! If approved, letter issued by CSOT legal to offender/attorney, along with a certified copy of deregistration evaluation. DEREGISTRATION PROCESS SEVEN! Offender/attorney provides certified copy of deregistration evaluation and letter, along with a Motion for Early Termination, to trial court in which offender was sentenced.! The court must order the early termination/ deregistration; completion of the above steps alone does not guarantee that a deregistration will occur DEREGISTRATION PROCESS EIGHT! After the court grants an order for Early Termination, the order must be returned to Texas DPS for the offender to actually be removed from the Sex Offender Registry 7

8 CURRENT OUTCOMES! Offenders HAVE successfully deregistered! Unable to give accurate number at this time QUESTIONS..?????? CONTACT INFORMATION Celeste Lunceford, MS, LPC-S Licensed Professional Counselor, Clinical Supervisor Executive Director for The Council on Sex Offender Treatment