Pennsylvania Sexual Offenders Assessment Board Transition Report 1
1. FAST FACTS: Agency: Sexual Offenders Assessment Board Total Assessments Completed from July 1, 2000 through June 30, 2010: Current : 32 Court-Ordered : 9,500+ Board Members: 64 Parole Board Requested : 5,400+ Office Locations: 4 Juvenile Civil Commitment : 150+ Counties Covered: 67 Juvenile Reassessment : 30 Budget Summary: SOAB Budget FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 State Funds $2.284 $2.529 $2.789 $2.941 $3.197 $3.648 $3.938 $3.977 $4.193 State Funds % Increase/ ----------- 10.73% 10.28% 5.45% 8.70% 14.11% 7.95% 0.99% 5.43% Decrease Federal Funds $.013 $.049 $.182 Augmentations Total Funding $2.284 $2.529 $2.789 $2.954 $3.246 $3.830 $3.938 $3.977 $4.193 Total Funds % Increase/ Decrease ----------- 10.73% 10.28% 5.92% 9.88% 17.99% 2.82% 0.99% 5.43% Performance Measure Summary: Program Outcome Measures FY 02/03 Completed FY 03/04 Completed FY 04/05 Completed FY 05/06 Completed FY 06/07 Completed FY 07/08 Completed FY 08/09 Completed FY 09/10 Completed FY 10/11 Completed Q 1 Court 647 757 1006 1071 1139 1115 1113 1143 362 PBPP Min 422 523 405 422 374 350 411 366 87 PBPP Special 0 0 0 0 71 236 456 245 62 Juvenile 0 0 0 23 32 35 37 43 16 Total 1069 1280 1411 1516 1616 1736 2017 1797 491 % Increase/ Decrease Court Testimony % Increase/ Decrease ----------- 19.74% 10.23% 7.44% 6.60% 7.43% 16.19% -10.91% ----------- 161 202 274 431 457 497 453 419 142 ----------- 25.47% 35.64% 57.30% 6.03% 8.75% -8.85% -7.51% ----------- 2
2. GENERAL INFORMATION: Agency Mission: The mission of the Sexual Offenders Assessment Board (SOAB) is to protect public safety through the investigation and assessment of sex offenders on behalf of the Pennsylvania courts and the Pennsylvania Board of Probation and Parole (Parole Board). The SOAB is composed of an independent group of professionals, including psychiatrists, psychologists and criminal justice experts, who are specialists in the assessment and treatment of sex offenders. SOAB Members are appointed by the Governor. They are supported by a small administrative staff and a team of investigators who conduct exhaustive background investigations on the offenders and prepare written reports that provide the informational foundation for the assessments. Sexually Violent Predator Assessments: The SOAB is mandated by statute to conduct three types of sex offender assessments. First, under Pennsylvania s Megan s Law, 42 Pa.C.S.A. 9791, et seq., the SOAB conducts assessments of convicted sex offenders to assist the courts in determining whether the offenders should be classified as Sexually Violent Predators (SVPs). An SVP is an offender with a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. Under Megan s Law, the SOAB has 90 days from the date of the offender s conviction to complete the court-ordered SVP assessment. Accordingly, when the SOAB receives a court order, it immediately opens an investigation of the offender. The assigned SOAB investigator conducts a comprehensive examination of the offender s personal and criminal background, and compiles all available and relevant information, including children and youth records, CHILDLINE records, juvenile criminal records, arrest records, police reports, victim statements, criminal history information, probation and parole records, prison records, pre-sentence investigations and other criminal and social service agency records. During this process, the investigator makes numerous collateral contacts and conducts interviews with family members and others who may have relevant information. In addition, whenever the offender agrees to participate, the investigator also conducts a highly-specialized sex offender interview. The investigation materials and a summary report are then provided to the SOAB Member to prepare the actual assessment. The SOAB Member assigned to the case must then form an opinion as to whether the offender meets the legal criteria, as set forth in Megan s Law, for classification as an SVP. In preparing the assessment, the SOAB Member must consider various factors, including (1) the facts of the current offense; (2) the offender s prior offense history; (3) characteristics of the offender; and (4) factors supported in the sexual offender assessment field as being reasonably related to the risk of recidivism. After reviewing the investigation materials, interviewing the offender (if he agrees to participate) and analyzing the above-listed factors, the SOAB Member prepares the assessment and submits it the SOAB s central office. The SOAB staff psychologist then reviews the assessment for technical accuracy and adherence to best practice standards and the SOAB submits the approved and completed assessment to the Office of the District Attorney. The 3
District Attorney then determines whether to petition the court for an SVP hearing prior to sentencing. If an SVP hearing is held, the SOAB Member provides expert witness testimony on behalf of the Commonwealth as to why the offender should be classified as an SVP, and the court makes the ultimate determination. Sex offenders who are classified as SVPs are subject to the strictest registration requirements under Megan s Law, including lifetime registration with the Pennsylvania State Police (PSP) with quarterly in-person verification of their registration information and active community notification of their whereabouts. In addition, Megan s Law requires SVPs, upon release from incarceration, to attend monthly sex offender counseling sessions for the duration of their lifetime with treatment providers approved by the SOAB. Megan s Law also requires the SOAB to monitor these SVPs to ensure that they are compliant with their treatment requirements. Parole Board Risk Assessments: Second, and also pursuant to Pennsylvania s Megan s Law, the SOAB prepares risk assessments of convicted sex offenders and SVPs on behalf of the Parole Board prior to the offender s parole consideration. These assessments are designed to assist the Parole Board in the decision-making process, and provide an independent, expert opinion on the offender s risk of re-offending sexually. In addition, these assessments provide detailed recommendations for the treatment, management and supervision of the sex offender or SVP upon release from incarceration. Juvenile Civil Commitment Assessments: Third, under Act 21 of 2003, 42 Pa.C.S.A. 6358, et seq., the SOAB conducts assessments of certain adjudicated juvenile sex offenders who are aging out of the juvenile justice system to determine whether they are in need of commitment for involuntary sex offender treatment. More specifically, the SOAB assesses these juvenile sex offenders to determine whether they have a mental abnormality or personality disorder that results in serious difficulty controlling [their] sexually violent behavior. If these criteria are met, the court may commit the juveniles to the Commonwealth s involuntary civil commitment program the Sexual Responsibility and Treatment Program (SRTP) administered by the Department of Public Welfare at Torrance State Hospital for continued sex offender treatment. These juveniles are originally committed to the SRTP for one year, and the SOAB conducts annual reassessments to assist the courts in determining whether the juveniles should remain in the program for additional one-year periods of time. 4
a. Long Term Goals: Enhance the SOAB s recently-developed Integrated Sex Offender Assessment Tracking system to ensure that all criminal justice partners have access to information necessary for the successful supervision, management and containment of sex offenders and Sexually Violent Predators. Collaborate with state or state-related colleges and universities, and the Pennsylvania Certification Board, to develop a certification program at the undergraduate and graduate levels for the assessment, treatment and management of sex offenders. Update Pennsylvania s Sex Offender Containment Model and provide training on the model to the public and the SOAB s criminal justice and social service partners in all 67 counties. b. Short Term Objectives: Continue to enhance community safety by providing comprehensive sex offender assessments, consistent with best practice standards, to Pennsylvania courts and the Parole Board. Continue to meet the ever increasing demand for SOAB assessments. Continue to provide free training on best practice standards for sex offender assessment, treatment and management to SOAB Members, the Parole Board, the Department of Corrections, the Department of Public Welfare, the Pennsylvania State Police, county probation and parole offices, local law enforcement and other relevant community partners. Successfully implement the recently-awarded American Recovery and Reinvestment Act grant to implement information technology process enhancements. (See pages 6 and 14-15 for a more detailed discussion of the grant). Refine the SOAB s Parole Board assessments to maximize their usefulness for Parole Board members. Continue to recruit and retain knowledgeable and competent professionals to serve as SOAB Members, despite the limited reimbursement for assessments and expert testimony. 5
c. Recent Accomplishments (2003-2010): The Integrated Sex Offender Assessment Tracking System: In early 2009, the SOAB launched the Integrated Sex Offender Assessment Tracking System (ISOATS), a new, fully integrated and automated web-based investigation and assessment tracking system. As an essential best practice within sex offender containment policy, in developing ISOATS, the SOAB partnered with the Commonwealth of Pennsylvania Justice Network (JNET) to manage the tracking of sex offender assessment cases and to make finalized assessments available to the Department of Corrections, the Parole Board, county corrections and probation and parole offices, and other appropriate criminal justice agencies. As a result, those persons responsible for the management and treatment of convicted sex offenders have at their disposal the most complete and expert information available regarding those sex offenders. By streamlining the investigation and assessment process and increasing collaboration among criminal justice agencies, the development of ISOATS is one example of the SOAB s efforts to further its sex offender containment and community safety goals. American Recovery and Reinvestment Act Grant SOAB Process Enhancements: In August of 2010, the SOAB was formally awarded an American Recovery and Reinvestment Act (ARRA) grant in the amount of $139,900 for certain information technology process enhancements. More specifically, the ARRA funding will be used to (1) enable the SOAB to systematically track Sexually Violent Predator determinations and sentencing information and (2) upgrade the ISOATS database to automate the agency s existing process for monitoring Sexually Violent Predator treatment compliance. These enhancements will enable the SOAB to improve its monitoring and oversight of Sexually Violent Predators and thus enhance community safety. The Pennsylvania Sex Offender Containment Model: In 2004, the SOAB, along with other state agencies and community partners were awarded a Comprehensive Approaches to Sex Offender Management grant from the U.S. Department of Justice to support Pennsylvania s efforts to effectively manage sex offenders under community supervision. Under the leadership of the SOAB, a multidisciplinary group of state and local representatives (the Pennsylvania Sex Offender Management Team - SOMT) was formed to conduct a comprehensive review of virtually every aspect of adult and juvenile sex offender management practices throughout Pennsylvania. As a result of this effort, the SOMT produced a Pennsylvania specific Sex Offender Containment Model, which is a comprehensive containment plan that advances the goal of victim and community safety, and distributed several hundred copies of the Model to local 6
law enforcement personnel across the state. At present, the SOAB continues to provide training on this Model to criminal justice and community partners. Training for Criminal Justice and Social Service Partners: Over the past eight years, the SOAB has provided a free quarterly training program, with national and international experts in the field of sex offender assessment, treatment, and management, to SOAB Members, the Parole Board, the Department of Corrections, the Department of Public Welfare, the Pennsylvania State Police, county probation and parole offices, treatment providers and other community partners. During this time, more than 4000 individuals have attended the trainings, including more than 609 attendees from the Department of Corrections, 375 attendees from the Parole Board and 228 attendees from the Department of Public Welfare. Professional Standards: Consistent with statute and best practice standards in the field of sexual deviance, the SOAB has adopted professional standards for the appointment of SOAB Members, standards for the assessments, and standards for persons or agencies treating Sexually Violent Predators. 7
3. Secretary s Office: a. Structure: The Sexual Offenders Assessment Board currently has a complement of 32 employees, including the Executive Director, the Clinical Director, the Psychologist, and the Administrative Officer 2, as well as 4 Investigator-Supervisors, 17 Investigators and 7 support staff members. The SOAB s central office is located in Harrisburg, and there are also regional offices in Norristown, Scranton and Franklin. All of the SOAB Senior Staff work out of the central office in Harrisburg, except for the Psychologist who works in the Scranton office. The SOAB investigators are organized into 4 regional teams, each managed by a supervisor, in order to efficiently conduct and complete all case assignments throughout the Commonwealth within the deadlines established by statute. In addition to the SOAB employees, there are currently 64 SOAB Members who prepare the assessments and provide expert court testimony. As stated above, the SOAB Members are independent professionals, including psychiatrists, psychologists and criminal justice experts, who are specialists in the assessment and treatment of sex offenders. They are appointed by the Governor to serve on the Board. Although the SOAB is an independent agency, it also receives legal, personnel and administrative support from the Pennsylvania Board of Probation and Parole. The Executive Director: The Executive Director is responsible for directing the operations of the SOAB. More specifically, the Executive Director: Oversees a staff of 31 professional, administrative and clerical employees, including the Clinical Director, Psychologist, Administrative Officer 2, Investigator-Supervisors and Investigators. Represents the SOAB before legislative bodies, other government agencies, professional organizations and the general public. Prepares and administers the SOAB s budget. Plans, organizes, directs, coordinates and evaluates the program activities of the SOAB. Develops and implements policies and procedures affecting the operation of the SOAB. Reviews and responds to requests for information from the Governor s Office, the legislature, other state agencies and the media. 8
The Clinical Director: The Clinical Director serves as the clinical coordinator of the SOAB, and is responsible for: Directing the work of the SOAB Members, the Psychologist, the Investigator-Supervisors and Investigators. Directing investigations, which consists of gathering, consolidating and transmitting pertinent case information on convicted Megan s Law offenders to the SOAB Members. Reviewing the performance of the SOAB Members in conducting assessments. Reviewing applications, and conducting site surveys, of treatment providers who would like to become approved providers for offenders classified as Sexually Violent Predators. Directing the SOAB s quarterly training program for SOAB Members, the Parole Board, the Department of Corrections, the Department of Public Welfare, the Pennsylvania State Police, county probation and parole offices, community treatment providers and other state and local criminal justice and social service partners. Recruiting and retaining, in coordination with the Executive Director, knowledgeable and competent professionals to serve as SOAB Members. Psychologist: The SOAB Psychologist is responsible for: Reviewing every SOAB assessment for technical accuracy, adherence to best practice standards, consistency with current research on sexual offending, and adequacy of professional analysis and conclusions before submission to the courts or the Parole Board. Reviewing and analyzing current research in the field of sex offender assessment and treatment to determine the impact of new developments on the operations of the SOAB. Reviewing various sex offender risk assessments and other psychological tests, including the STATIC-99, the Minnesota Sex Offender Screening Tool Revised and the Hare Psychopathy Checklist Revised, to ensure 9
that the tests are being properly administered and interpreted by the SOAB Members. Working closely with the SOAB s administrative staff to ensure that all assessments are submitted to the courts and the Parole Board within the statutory deadlines. Administrative Officer 2: The Administrative Officer 2 is responsible for: Supervising the administrative support functions of the SOAB, including assigning duties and responsibilities, evaluating performance, approving leave, disciplining employees and training new employees, and coordinating the work of the support staff to facilitate the operations of the agency. Maintaining, enhancing and supporting the SOAB s Integrated Sex Offender Assessment Tracking System; developing, maintaining and updating the SOAB s website; and serving as the SOAB s information technology liaison to the Parole Board, the Department of Corrections, the Office of Administration and other state agencies. Preparing annual budget proposals, in conjunction with the Executive Director, and designing and updating a budget tracking system to document appropriation (and grant funding) inflow and expenditures. Assisting the Executive Director in the grant procurement process. Preparing, reviewing and analyzing reports on SOAB performance measures and the operational functions of the SOAB. Coordinating the logistics of the SOAB quarterly training program for SOAB Members and SOAB, Parole Board, Department of Corrections and Department of Public Welfare employees. b. Key Agency Issues / Challenges: At present, the SOAB s main challenges involve staffing and funding shortages that have resulted in the SOAB s inability to complete all requested Parole Board assessments in a timely manner. As stated above, the SOAB currently has an approved complement of 32 employees, including 17 investigators and 4 investigator supervisors. The SOAB, however, simply does not have enough investigators on staff to handle the everincreasing numbers of court-ordered, Parole Board and Act 21 assessments. 10
According to a recent workload study, which was extensively detailed and calibrated and independently verified by the Parole Board s Personnel Division, the annual caseload ratio for an SOAB investigator to investigations should be 1:98 cases per year. During FY 2009-2010, however, SOAB investigators averaged an annual workload of 118 cases, and under the projected workload for FY 2011-2012, the SOAB investigators will average an annual workload of 146 cases, which is 48 cases over capacity per investigator. Accordingly, the SOAB has requested the addition of 2 investigators to its overall complement in order to support the projected number of court-ordered, Parole Board and Act 21 assessments for the next fiscal year. The SOAB s current staffing shortage has had a direct and negative impact on the operations of the Parole Board, as the SOAB can no longer complete the majority of Parole Board assessments in a timely manner. Because the SOAB is required by law to complete all adult and juvenile court-ordered assessments within the timeframes established by statute, the SOAB has to prioritize these assessments over the assessments requested by the Parole Board. During the current fiscal year, it is projected that the Parole Board will request approximately 780 assessments, but the SOAB will be able to complete less than half (approximately 327, or 42%) of these assessments within this fiscal year due to budget reductions. As a result, there will be a backlog of 453 Parole Board cases that will be carried over into the next fiscal year. According to Parole Board policy, convicted Megan s Law offenders are not considered for parole until an SOAB assessment has been completed because these assessments provide the Parole Board with information that is critical to its decision-making process. Consequently, the delays in completing the Parole Board assessments have required the Parole Board to delay scheduling parole interviews for these offenders. Moreover, until the assessments can be completed, the 453 offenders (whose cases the SOAB will not be able to complete this fiscal year) will continue to remain incarcerated at great cost to the Commonwealth. On average, 1 in 3 sex offenders are released on parole, and therefore it is likely that 150 (33%) of these 453 offenders could be safely and effectively supervised in the community. Instead, they will remain unnecessarily housed in state correctional institutions further exacerbating the current overcrowding problem at an average cost of $32,000 per offender per year. Overall, the cost to the Commonwealth to house these 150 offenders for one additional year, minus the cost of supervising them in the community, is approximately $4.3 million. On the other hand, the cost to hire 2 new SOAB investigators, including salary, benefits and equipment, is approximately $140,000 per year. Without these additional SOAB investigator positions, the backlog of Parole Board cases and the resulting cost to the Commonwealth will continue to increase year after year. 11
4. PERFORMANCE MEASURES: a. SOAB Performance Measures: The performance of the SOAB is measured in four specific areas: The number of court-ordered assessments completed; The number of Parole Board minimum review assessments completed ( minimum review assessments reflect standard Parole Board requests for assessments and must be completed by the SOAB prior to the offender s minimum review date); The number of Parole Board special review assessments completed ( special review assessments are requested on an exceptional basis by the Parole Board and do not necessarily need to be completed by the offender s minimum review date); and The number of juvenile (Act 21) assessments completed. The specific program outcome measures for each fiscal year from FY 2002-2003 through FY 2009-2010 can be found on page two in the Fast Facts section. b. Score Cards / State-by-State Comparisons: There are no relevant Score Cards or state-by-state comparisons to report. c. Pay for Performance Programs: There are no Pay for Performance programs to outline. d. Federal Measures: There are no Federal measures to detail. 12
5. ORGANIZATIONAL OVERVIEW: a. Organization Chart: 13
b. IT Systems: Integrated Sex Offender Assessment Tracking System: Until recently, the SOAB maintained 3 separate client-server applications to track its courtordered, Parole Board and Act 21 assessments. In early 2009, the SOAB launched the Integrated Sex Offender Assessment Tracking System (ISOATS), which integrated these 3 disparate information systems into one automated web-based investigation and assessment tracking system. In developing this new integrated database, the SOAB partnered with the Commonwealth of Pennsylvania Justice Network (JNET) to ensure that all finalized assessments would be available to the Department of Corrections, the Parole Board, county corrections and probation and parole offices, and other appropriate criminal justice agencies. With ISOATS, the SOAB is able to: Scan and upload all case files and information into the system. Track offenders by (and across) all 3 types of assessments. Search for offenders by numerous fields, including name, date of birth, Social Security Number, state identification number, parole number and other case details. Run sophisticated reports regarding SOAB operations. For example, the SOAB can now run a report, organized by county, that indicates: (1) how many courtordered assessments it received; (2) how many sex offenders it assessed; (3) how many sex offenders it recommended for classification as Sexually Violent Predators (SVPs); (4) how many of those offenders the local district attorney s office petitioned the court to be classified as SVPs; and (5) how many offenders the court ultimately classified as SVPs. Automate its workflow to ensure cases are managed as efficiently as possible. Review dashboard information at a glance to understand current workloads and priorities. Analyze trends, identify correlations and use the information to make data-driven decisions. American Recovery and Reinvestment Act Grant SOAB Process Enhancements: In August of 2010, the SOAB was formally awarded an American Recovery and Reinvestment Act (ARRA) grant in the amount of $139,900 for certain information technology process enhancements. More specifically, the ARRA funding will be used to (1) enable the SOAB to systematically track sex offender sentencing information and Sexually Violent Predator determinations and (2) upgrade the ISOATS database to automate the agency s existing process for monitoring Sexually Violent Predator treatment compliance. At present, the SOAB has no systematic way to collect Sexually Violent Predator determinations and sex offender sentencing information from the courts. Under its current process, the SOAB submits a one page Sentencing Notification Form to the court, but often this form is not faxed or mailed back to the SOAB. Accordingly, ARRA funding will be used to add functionality to the Pennsylvania Sentencing Commission s SGS Web application to mandate the collection of 14
Sexually Violent Predator determinations and sentencing information from the courts. Since this new functionality will mandate that the courts enter the SVP determinations and sentencing information into the system, the SOAB will be able to collect, for the first time, complete, timely and accurate information regarding the outcome of its Megan s Law cases. The information technology vendor for this application is Cross-Current Corporation, which developed the Sentencing Commission s SGS Web application. Under Megan s Law, the SOAB must monitor Sexually Violent Predators, upon release from incarceration, to ensure that they are complying with their statutorilymandated monthly sex offender counseling sessions. At present, the SOAB has an entirely inefficient, manual process for monitoring Sexually Violent Predator treatment compliance. Accordingly, ARRA funding will also be used to automate the SOAB s treatment tracking process. Overall, automation of this process is important because it will enhance the SOAB s monitoring efforts and provide an improved level of review and oversight of Sexually Violent Predators, and thereby increase the safety of Commonwealth citizens. The SOAB will be working with e- Data Experts, Inc., which created the ISOATS database, to make this upgrade. c. Key Boards or Related State Entities on Which Agency Staff Participate: Act 21 Advisory Committee Megan s Law Modernization Committee Statewide Citizen Advisory Committee Adam Walsh Act Advisory Committee (currently being formed) 15
6. BUDGET OVERVIEW: The SOAB is a small agency with a very specific mission. As a result, we have combined the following Sections into one Table: Global Agency Budget Administrative Budget (FY 2010-2011 post-freeze): Please note that the SOAB s budget for FY 2010-2011, as originally approved by the Office of the Budget, was $4.465 million. changes from FY 2002-2003 to FY 2010-2011 SOAB Budget FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 Personnel $1.219 $1.460 $1.647 $1.742 $1.982 $2.181 $2.301 $2.393 $ 2.466 Operations $1.025 $ 1.049 $1.142 $1.199 $1.215 $1.467 $1.637 $1.584 $1.727 Fixed Assets $0.040 $0.020 State Funds $2.284 $2.529 $2.789 $2.941 $3.197 $3.648 $3.938 $3.977 $4.193 State Funds % Increase/ ----------- 10.73% 10.28% 5.45% 8.70% 14.11% 7.95% 0.99% 5.43% Decrease Federal Funds $.013 $.049 $.182 Augmentations Total Funding $2.284 $2.529 $2.789 $2.954 $3.246 $3.830 $3.938 $3.977 $4.193 Total Funds % Increase/ Decrease Staffing FY 02/03 Staff Authorized Staff % Increase/ Decrease ----------- 10.73% 10.28% 5.92% 9.88% 17.99% 2.82% 0.99% 5.43% FY 03/04 Staff FY 04/05 Staff FY 05/06 Staff FY 06/07 Staff FY 07/08 Staff FY 08/09 Staff FY 09/10 Staff FY 10/11 Staff Q 1 27 29 29 29 29 30 34 32 32 ----------- 7.41% 0.00% 0.00% 0.00% 3.45% 13.33% -5.88% 0.00% 16
7. OTHER OPERATIONAL ISSUES: a. Legislative Issues: House Bill 1926: House Bill 1926, different versions of which have passed both houses of the legislature, seeks to make amendments to Pennsylvania s Megan s Law. To start, HB 1926 would require homeless sex offenders to register their habitual locales with the Pennsylvania State Police and would close a loophole in Megan s Law regarding the registration of certain out-of-state sex offenders who move to Pennsylvania. In addition, HB 1926 would make it a third degree felony if a Sexually Violent Predator fails to attend a statutorily-mandated monthly counseling session. If a Sexually Violent Predator can prove to the court that he cannot afford to pay for the required monthly counseling sessions, HB 1926 would require the Parole Board to pay for his counseling fees. HB 1926 would also permit the Parole Board to petition the court for a review of the offender s indigent status from time to time to determine his continued eligibility for Parole Board-funded counseling sessions. Next Legislative Session: Other than House Bill 1926, the SOAB is unaware of any legislation likely to be taken up in the next legislative session. Legislation Needed to Address Federal Mandates: The deadline for Pennsylvania to pass Title I of the federal Adam Walsh Child Protection and Safety Act of 2006, known as the Sex Offender Registration and Notification Act (SORNA), is July 26, 2011. SORNA seeks to create a federal standard for sex offender registry requirements across all 50 states, the District of Columbia, principal U.S. Territories and federally recognized Indian Tribes. By providing a comprehensive set of minimum standards for sex offender registration to be implemented across the country, SORNA aims to close potential gaps and loopholes that exist under current state laws, and to strengthen the nationwide network of sex offender registration and notification programs. At this point, however, it is unclear whether the Commonwealth will elect to implement SORNA by this deadline. If not, the Commonwealth will forfeit approximately $1.6 million per year in federal Byrne Justice Assistance Grant funding (until compliance is attained). Implementing SORNA, however, is likely to be even more costly. The impact of SORNA on the operations of the SOAB will depend entirely on how the legislation is implemented in this state. 17
b. Legal Issues: There is no major litigation against the SOAB, which will have significant financial consequences or could result in fundamental policy shifts, to summarize. c. Regulations: There are no proposed regulations to summarize. d. Communications: There are no current communications projects to detail. The Website: meganslaw@state.pa.us The SOAB has recently completed a website redesign and update, and the website now has a user-friendly design and topical material has been reorganized for easier access. Information is organized by the following tabs: About SOAB, which includes a detailed description of the agency, its organization and its statutory mandates; Megan s Law, which includes a history of the federal and state laws, a copy of Pennsylvania s Megan s Law, a list of Megan s Law offenses, a copy of Act 21 of 2003, and information on the federal Adam Walsh Child Protection and Safety Act of 2006; Public Safety Role, which explains the investigation, assessment, sentencing, registration and notification process; For the Community, which explains methods used by child molesters to obtain access to potential victims, facts and myths regarding sexual abuse and answers to frequently asked questions; For Treatment Providers, which includes copies of the SOAB Assessment Standards, SOAB Treatment Provider Standards, SOAB Member Standards, an application for approved treatment provider status and a sample treatment provider survey report; Treatment Provider List, which includes a current list of providers approved by the SOAB to treat Sexually Violent Predators; Statistics, which provides annual breakdowns regarding the number of court-ordered assessments completed by the SOAB; Links, which includes website links to various national, state and local resources; Right to Know, which includes information regarding the Commonwealth s Right to Know Law and how to submit a Right to Know Law request (and links to the appropriate forms); Sex Offender Containment Model, which includes a copy of the Pennsylvania Sex Offender Containment Model in PDF format; 18
Un-usual Suspects Video, which includes access to a Sex Offender Education video created by the SOAB to help educate children and adults about the characteristic behaviors of sex offenders and to provide advice on preventing the sexual abuse of children and recognizing potential abusive situations; and Contact Us. 8. COLLABORATION PROJECTS: a. Collaboration with the Department of Public Welfare and the Juvenile Court Judges Commission: As an off-shoot of the Act 21 Advisory Committee, the SOAB is currently working with representatives from the Department of Public Welfare and the Juvenile Court Judges Commission to draft legislation to amend Act 21 of 2003 to provide for court-ordered aftercare for residents discharged from the civil commitment program. At present, if a court discharges a resident from the program, the resident has absolutely no legal obligation to continue to seek counseling in the community. Most of the residents, however, have spent the better part of their youth in some type of residential treatment setting. Amending Act 21 to provide the court with the authority to discharge the residents to a step-down program or to order them to obtain further treatment from local service providers upon discharge will assist the residents in successfully reintegrating into the community. b. Collaboration with the Parole Board: The SOAB will be working with the Parole Board to develop a training program for sex offender treatment providers and state parole agents, to examine ways the providers and the agents can work together more effectively with respect to sex offenders under state parole supervision. To date, the SOAB has surveyed its Members and approved providers regarding their interactions with state parole agents, and the results of this survey will form the basis of the training. c. Collaboration with the Pennsylvania State Police: The SOAB has recently collaborated with the Megan s Law Unit of the Pennsylvania State Police (PSP) to provide certain PSP staff with read-only access to SOAB investigation materials in ISOATS, as the SOAB routinely collects information regarding offenders that has a direct bearing on their registration requirements. The PSP s ability to obtain this information at a glance, rather than spending hours tracking down paper files from the courts and other agencies, has allowed them in many cases to complete their research in a much more efficient and timely manner. This collaborative effort has proven to be especially useful in old cases where the original paper files may no longer exist. 19
d. Collaboration with the Pennsylvania Commission on Sentencing: As discussed above, through its ARRA grant, the SOAB will be collaborating with the Pennsylvania Commission on Sentencing to add functionality to the Commission s SGS Web application. This additional functionality will permit the SOAB (and other agencies) to collect timely, accurate and complete information regarding Sexually Violent Predator designations and sex offender sentencing information from the courts. 20