Treatment and Supervised Release Relationship (From Sex Offender: New Insights, Treatment Innovations and Legal Developments, Volume II, P 23-1 to 23-13, 1997, Barbara K. Schwartz and Henry R. Cellini, eds. - See NCJ-167745)

• NCJ Number: 167767
• Author(s): F Cohen
• Date Published: 1997
• Length: 13 pages
• Sale Source: Civic Research Institute, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This analysis of legal issues related to sex offender treatment and supervised release focuses on confidentiality, the privilege against self-incrimination, search and seizure, due process, and freedom of religion.

Abstract

Basic issues relating to sex offender assessment and treatment include possible coercion in obtaining presentence information, the ambiguity or unconstitutionality of certain probation or parole conditions, and whether a defendant must be informed of the collateral consequences (e.g., eligibility for commitment as a sexual predator) or a guilty plea. Incarcerated offenders experience legal issues involving the requirement of treatment programming as a de factor or de jure basis for parole eligibility; a recurrent problem involves insisting on admissions of guilt as a program prerequisite and then using these admissions either for denial of discretionary parole release or, in community settings, for revocation or even as the basis for a new criminal charge. These issues blend into the general area of revocation and the persistent problems related to the Fifth Amendment right against self-incrimination. Appellate court decisions have involved self-incrimination, required submission to a plethysmograph, DNA testing, and the religious foundations of Alcoholics Anonymous. 50 reference notes