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Frequently Asked Questions
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What is the definition of a
Level III sex offender? |
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These
offenders pose a potential high risk to the community and are a threat to
re-offend if provided the opportunity. Most have prior sex crime convictions as
well as other criminal convictions. Their lifestyles and choices place them in
this classification. Some have predatory characteristics and may seek out
victims. They may have refused or failed to complete approved treatment
programs.
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What is the definition of a
Level II sex offender? |
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These
offenders present a moderate risk to the community and they have a higher
likelihood of re-offending than the Level 1 offenders. They are considered a
higher risk to re-offend, because of the nature of their previous crime(s) and
lifestyle (drug and alcohol abuse and other criminal activity). Some have
refused to participate or failed to complete approved treatment programs.
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What is the definition of a
Level I sex offender? |
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These
offenders present the lowest possible risk to the community and their
likelihood to re-offend is considered minimal. They normally have not exhibited
predatory type characteristics and most have successfully participated or are
participating in approved treatment programs. Many are first time offenders.
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Why is the offender moving
into my community? |
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This individual has committed a crime that has been
reported to a police agency, quite possible the agency that is conducting this
educational meeting. That agency investigated the report and arrested the
individual. The local prosecuting attorney for that jurisdiction determined the
criminal statutes violated. They charged the suspect with those violations and
went to court to convict this individual of those crimes.
The offender was either found guilty by a judge or
jury, or as happens in most cases, pled guilty to the offenses which he/she was
charged. When an offender is released from prison, he/she usually returns to
the same area of residence from which they lived when the crime was committed.
Most offenders are released to jurisdictions that originally gained the
conviction. Sometimes offenders are released to another jurisdiction because
they may have family support there, additional treatment to complete at a
program located in the other jurisdiction, or they may have found a job in the
area that will lead to a productive lifestyle.
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If the offender is so
dangerous, why are you letting him out in the first place? |
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Washington is one of the states that have specific
sentence ranges for each crime. These sentence lengths are called presumptive
sentences and are determined by the Washington State Legislature (this is
called determinate sentencing). When this offender was sentenced to prison by
the judge, the length of required prison time was within the range.
Someone with no previous offenses has a shorter
sentence, than someone who has been in trouble before. A person, who has a
previous offense against a person, will be sentenced to a longer term than
someone whose previous offense was a property crime. These possibilities are
included in the sentencing guidelines.
On some occasions, judges don’t follow the guidelines.
This is called an exceptional sentence. When a judge has a compelling reason to
depart from the sentencing guidelines above or below, he or she must submit the
reasons for that departure into the court record.
At some point in time, the offender will have served
the sentence required by law and must be released. Once the sentence is
finished, neither the Law Enforcement Agency, nor the court has the power to
tell the offender where to live or work. The information provided in this
meeting is supplied to inform you of the location the offender has chosen to
reside, and/or those other places the offender is most likely to conduct
legitimate activities.
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Don’t most of these offenders get
sentenced to prison and sit around all day?
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When an offender goes to prison, a number of
important activities are initiated to ensure that the offender gets the kind of
controls and support required. These activities are based on the type of
offense for which they have been convicted and help identify the type of
criminal behavior an offender committed in the past (if any).
Many offenders have problems with chemicals, and many
of those individuals have an opportunity to participate in chemical dependency
treatment. Other offenders are found to be illiterate, and are ordered basic
education programs. Those convicted of a sex offense, or another crime which is
related to a sex offense, will generally be offered an opportunity to
participate in sex offender treatment.
All inmates must either work or participate in
treatment. They do not sit around all day and do nothing. If they do not
participate in their assigned treatment, they can be forced to do more time in
prison. If they refuse to work, they will be disciplined. Discipline usually
entails being segregated from the other prisoners in solitary confinement.
All of these activities are designed to provide
offenders, who want to avoid future problems with the law, an opportunity to
learn the things they need to know in order to stay out of trouble. The most
important reason the offenders are encouraged to participate in these programs
is to reduce the likelihood they will fall into the same patterns of past
behaviors; hopefully, preventing them from committing another crime and
victimizing another person.
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Why are
you only telling me about this offender and not all of the other people who get
out of prison? |
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The Community Protection Act of 1990 only involves
those offenders who have violated the criminal sexual conduct statutes, the
kidnapping statutes, or other statutes with a finding of sexual motivation.
The Washington State Department of Corrections (DOC),
Indeterminate Sentence Review Board, Juvenile Rehabilitation Administration and
the Department of Social and Health Services utilize a sex offender screening
tool that was developed by the State of Minnesota. Based on past behaviors
demonstrated by these convicted individuals, this screening tool determines
whether an individual, or group of persons, poses a high risk to the public
when they are released. This does not necessarily mean that they will commit a
new crime, but that they are part of a group of persons who are most likely to.
A majority of the individuals in this group will not commit another crime;
however, the DOC has determined that some of these persons have a greater
likelihood of future offenses than others do.
There is a group of items in this screening tool that
receive scores, assigned by the End of Sentence Review Committee, before
offenders are released from prison. The total of these scores determines which
“risk” category the offender will be assigned. This process is call “actuarial
risk prediction.” This means that there is some statistical basis for public
concern about the future behavior of people identified as part of this group.
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Doesn’t this mean that it is
just a matter of time before the offender commits another crime?
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The actuarial risk prediction process is much like the
process insurance companies use when determining the insurance costs of a
particular driver. If the driver has speeding tickets, they will pose a greater
risk to be in a traffic accident than drivers who have not; thus, they will pay
more for their insurance. Those drivers who have had a DWI conviction pay more
for their insurance because they are more likely to get in an accident than
speeders. When someone gets enough tickets, they have to buy “risk” insurance
because they have the greatest risk of being involved in an accident. Not all
speeders or persons convicted of driving while intoxicated get into accidents.
In fact, most of them will not even have accidents; it’s just that they are
statistically more likely to have an accident than are other drivers.
Similarly, not all offenders with a high score on the
risk test, or even most of them, will commit another crime. They are just most
likely to commit another crime than an offender with a low score is.
There is no known way that anyone can accurately
predict the future behavior of another person. The process of screening
individuals in prison places them into risk categories. This doesn’t mean that
the Department of Corrections has devised a way to predict future behavior.
Rather, it means that there is a scientific way to evaluate offenders past
behaviors by comparing their past behaviors with other individuals who have
been out of prison for a while. This shows how offenders might act once they
are released.
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Now that I know a sex
offender lives in my neighborhood, what should I do differently to protect
myself and my family? |
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Open communication between parents and children are
vital components of family safety. In general terms, tell your children that
this person has hurt someone before. Explain to them that they should stay away
from this individual. Review safety tips, and be aware of common lures.
Remember that the purpose behind community notification is to reduce the
chances of future victimization of persons by this offender. The information
gained through this notification should assist you and your family in avoiding
situations that allow for easy access to victims. Don’t harass your neighbor.
An offender put in a stressful state is more likely to relapse. Let’s help them
succeed; we all win with fewer victims.
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What do I tell my
children about this offender? |
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Avoid scary details. You may know more than your
children need to know. Keep information general, as it may protect them from
others who try to harm them as well. Explain the importance of avoiding
dangerous situations in general, rather than trying to teach them how to be
safe from just the one person you know about.
Some basics about this one offender:
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Don’t accept a ride from
the offender.
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Don’t go into the home or
yard of the offender.
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Tell your parents if this
person offers you toys, money, or gifts.
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Try to use the buddy system
when children play outdoors.
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Call 911 if your parents
aren’t home and you are approached by this offender.
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Are you going to tell us if the offender moves out of this neighborhood, so
we don’t have to worry anymore?
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No. The information shared about sex offenders is
basic safety information that we should all be aware of. There are many sex
offenders in Washington, as well as in every other state. It would serve no
purpose to have people relax, or not follow safety measures because the sex
offender they knew about moved from the neighborhood. Sex offenders, like
anyone else, established friendships and business relationships in the area
where they are living. There is no reason to believe they would give up these
relationships just because they have moved to another part of town or county.
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