SD43 - Development of a Center for the Assessment and Treatment of Sexually Deviant Disorders


Executive Summary:
The 1999 General Assembly approved Senate Joint Resolution # 334 (SJR 334/HoweII), an initiative requesting that the Department of Mental Health, .Mental Retardation and Substance Abuse Services (DMHMRSAS), in collaboration with other state agencies, conduct a study on the feasibility of developing "[a] Center for the Assessment and Treatment of Sexually Deviant Disorders." SJR 334 further requested that DMHMRSAS review the availability of facilities and professional staff in Virginia that might be used to house and staff such a center to review the legal issues pertinent to this type of treatment and assessment center, to survey other states, state agencies, and academic institutions regarding multi-agency utilization of such a center, and to determine the associated costs of establishing a center of this type in Virginia.

Background

The Governor and the General Assembly of the Commonwealth of Virginia recognize that rape, sexual assault, and sexual abuse in the Commonwealth of Virginia is a serious social problem that is harmful, difficult to treat, and costly to the community. In response, in 1997 the Commonwealth took steps to protect its citizens from sexual victimization by enacting several key pieces of legislation. Through the so called "Megan's Laws", enacted into law in 1998 and 1999 (SB369/Howell and HB570/Deeds), the Commonwealth created a system for tracking known sex offenders through mandatory registration under Virginia Code § 19.2-298.1, through notification of local law enforcement of their presence in the community under Virginia Code. § 19.2-390.1, and by helping employers to screen sex offenders out of certain jobs under Virginia Code § 19.2-390.1.B. The Commonwealth has also enacted stiffer sentences for sex offenders, including life sentences for second convictions of predicate sex crimes.

In 1999 the General Assembly passed, and the Governor signed, legislation to civilly commit sexually violent predators (Chapters 946 and 985 of the 1999 Acts of Assembly). This legislation, due to take effect January 1, 2001, requires that those sex offenders approaching the end of their confinement in the Department of Corrections, and who are still considered to be a danger to the community, undergo a clinical assessment to determine if their ability to control their sexually violent tendencies might be compromised by the presence of a "mental abnormality" or "personality disorder". Sex offenders diagnosed with such abnormalities and disorders are to be examined by the court, in a civil commitment procedure, for possible commitment as sexually violent predators. In a revised bill, the General Assembly passed Senate Joint Resolution 334 which requests the Department of Mental Health, Mental Retardation, and Substance Abuse Services, "in collaboration with the Department of Corrections, the Department of Juvenile Justice, Norfolk State University, the University of Virginia, and Virginia Commonwealth University, to conduct a study on the development of a Center for the Assessment and Treatment of (individuals with) Sexually Deviant Disorders."

SJR 334 provides this study with five guiding assumptions: (1) that research supports a conclusion that certain sex offenders benefit from treatment interventions; (2) that the Department of Corrections currently does not have sufficient assessment or clinical treatment services for sex offenders within Virginia's prison system; (3) that the Virginia State Crime Commission recommends that sex offenders undergo a formal assessment and treatment, if indicated by conviction or a history of sexually abusing, at some time during their incarceration or community supervision; (4) that the provision of clinical sex offender treatment services should be made available to inmates while under the supervision of the Department of Corrections; and (5) that research on and development of standardized assessment instruments and treatment protocols is needed for the criminal justice system and treatment providers throughout the Commonwealth.

Using data collected from states presently practicing civil commitment of sexually violent predators as a foundation, combined with data from the Department of Corrections on sex offenders presently in their custody, the SJR 334 study identified issues relevant to establishing a Center, calculated the numbers of sex offenders to be assessed by a Center during each of five subsequent years, and examined the efficacy of present assessment procedures and their possible impact on the Center. From this data it became clear that decisions about which sex offenders would be assessed, and how they would be assessed, would greatly effect the size and cost of the Center. Because the numbers of potential assessments varied so widely, depending upon the criteria used to screen in cases, the Work Group developed a range of alternative proposals for the Center. In developing these alternative proposals, the Work Group considered three overarching questions:

1. Why is it important for the Commonwealth of Virginia to conduct state-of-the-art assessments of persons believed to have sexually deviant disorders?

2. Is a specialized Center desirable for conducting high quality, state-of-the-art assessments, and treatment of persons with sexually deviant disorders?

3. If a specialized Center is deemed necessary to this process, what should be its form and its range of functions?