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Sex Offender Management Board presents recidivism analysis; committee questions access to prison-based treatment and indeterminate sentencing

2168826 · January 29, 2025
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Summary

The Sex Offender Management Board presented a matched recidivism analysis to the Joint Judiciary Committee on Jan. 29 that found substantially lower sexual-offense recidivism among people who completed SOMB‑approved treatment than among those who were unsuccessfully discharged.

The Sex Offender Management Board (SOMB) presented the first phase of a recidivism study to the Joint Judiciary Committee on Jan. 29, reporting lower rates of sexual-offense recidivism among people who successfully complete approved treatment and higher recidivism rates among those with unsuccessful discharges.

Dr. Rachel Colley, a staff researcher with the board, summarized a matched analysis of provider data and criminal records for 1,004 people discharged from offense-specific treatment between October 2019 and Jan. 1, 2024. The final analytic sample included 858 adult community clients, 101 adults treated in Department of Corrections (DOC) facilities and 45 juveniles.

The study's headline findings: among adult community clients with a three-year follow-up, sexual-offense charges and convictions were under 1% at one year and about 2% at three years for charges; violent recidivism was higher (about 4.5% at one year and 8.4% at three years). Dr. Colley emphasized that successful treatment discharge was associated with significantly lower recidivism than unsuccessful discharge.

Why it matters: SOMB presenters and public commenters told the committee that the findings support the board’s evidence‑based standards, but multiple legislators and public witnesses focused on access problems: limited availability of prison-based Sex Offender Treatment and Monitoring Program (SOTMP) slots, logistics preventing community providers from delivering care in DOC facilities (including teletherapy barriers), and a growing “global referral list” of people waiting for mandated in-prison treatment.

Panel and public comment highlights

- SOMB staff described methods: provider-submitted, deidentified data from the provider data management system (PDMS) were matched with statewide criminal records through September 23, 2024. The analytic sample excluded records without consent, discharge dates, or judicial matches.

- Recidivism differences by discharge status: For adult community clients in the three-year follow-up group, successful discharge had sexual-offense recidivism charges of about 1.1% at three years and reconvictions of 0%; unsuccessful discharges showed higher recidivism. Dr. Colley noted that unsuccessful discharges often reflect noncompliance or behaviors that result in discharge and that some individuals receive partial benefits from time spent in treatment even if discharged unsuccessfully.

- Public comment and provider testimony: Several treatment providers, Victim Assistance and prosecution representatives supported SOMB standards and training. Defense and public-defender witnesses and advocates told the committee they see a growing number of people in DOC who cannot access mandated in-prison treatment; testimony cited DOC figures that, in fiscal 2024, 48 people completed SOTMP in DOC while 172 people entered DOC on indeterminate sentences.

Legislative concerns and next steps

Committee members pressed for more information about timelines and tools. Senator Weisman and others discussed a determinant‑criteria working group (a statutory project tied to SB23-164 language discussed by presenters) that has met several times and is exploring how to ensure the parole board has adequate information for determinate-sentencing decisions. SOMB staff and DOC-affiliated witnesses said that building an actuarial or structured decision tool for parole would be resource intensive and depend on data sharing and funding.

On treatment access, multiple witnesses—including public defenders, clinicians and advocates—reported logistical barriers (facility staffing, private space, telehealth constraints) that prevent outside providers from delivering care inside DOC. SOMB staff and presenters said they are coordinating with DOC, parole and probation and the Division of Criminal Justice to address compliance, provider recruitment and continuity-of-care issues; the work is ongoing and tied to sunset and strategic-planning efforts.

Ending

SOMB staff told the committee they will continue recidivism analyses as more consented data accumulate, pursue standards revisions, and collaborate with DOC and the parole board on information-sharing and parole‑guideline work. Lawmakers requested additional follow-up about the size of waiting lists for prison-based treatment, completion rates in DOC and possible ways to expand treatment options.