S_JUD_2018A 01/30/2018 07:33:57 AM Committee Summary

The committee was called to order. 

Senator Gardner explained that public testimony will be taken first to accommodate those who wish to testify about the Sex Offender Management Board (SOMB). 

Michael Dell, representing Colorado Cure, testified about data collection.  He expressed concern that the SOMB does not collect data about treatment programs, success rates, numbers in programs, recidivism, etc.  He answered questions from the committee about funding for data collection and the Sex Offender Surcharge Fund.

Pat Harris, representing Advocates for Change, testified about SOMB meetings she would like to attend but is denied access.  She suggested SOMB open trainings and meetings to interested parties and not solely to professionals and those affiliated with SOMB.

A document listing concerns and recommendations for the SOMB by Advocates for Change was distributed to the committee (Attachment A). 

Robert Kincade, representing Advocates for Change, testified about best practices in sex offender treatment.  He questioned whether best practices were incorporated by SOMB in rewriting guildelines.  He also suggested SOMB and related subcommittees record and make public their meetings as the timing makes them difficult to attend in person.  Discussion followed regarding therapist records, data collection, and audits. 

Joseph Guerrieri, representing Advocates for Change, asked about SOMB's policies for seniors, including those in nursing homes and assisted living. 

Mark Beara, representing himself, testified about risk assessment tools.  He questioned the use of polygraphs and suggested that treatment providers need more oversight to prevent abuse. 

Susan Walker, Coalition for Sexual Offense Restoration, discussed the TEAMS model and distributed a handout that purports the fallacy of them (Attachment B). 

Dennis Mayes, former Pueblo District Court Judge, testifed about the unreliable nature of polygraphs. He emphasized that speaking out against polygraphs is not akin to advocating for sex offenders and recommended that the committee assess their use and effectiveness. 

Augustine Garcia, representing Advocates for Change, expressed concerns about the use of polygraphs for the sex offender population.  He brought up potential conflicts of interest with polygraphers serving on the SOMB.

Tami Floyd, representing herself as a probationer's spouse, discussed the terms of her spouse's supervision and treatment requirements.  She answered questions from the committee about polygraph costs and use in treatment.  

Nicole Leon, representing Denver Sexual Assault Interagency Council, provided the committee an overview of her agency and the work it does for victims.  She supported the SOMB and relayed that it provides structure for coordinated community responses. 

The SOMB presented its Annual Legislative Report pursuant to Section 16-11.7-109 (2), C.R.S. (Attachment C).

Mr. Joe Thome, Director, Division of Criminal Justice in the Department of Public Safety, provided an overview of the SOMB, including its origin, composition, and mission.  He also discussed legislative requirements, data collection, accountability, and victim protection-related issues.  

Chris Lobanov-Rostovsky, Administrator, Sex Offender Management Unit, Office of Domestic Violence and Sex Offender Management, referenced the report and provided a brief overview of each section.  He responded to questions raised earlier in the hearing regarding senior/elderly sex offenders, the TEAMS model, polygraphs, polygraphers, and conflict of interest with SOMB.  

The committee further discussed and asked questions about SOMB conflict of interest policies and the use of polygraphs in treatment.  Mr. Lobanov-Rostovsky presented findings from a baseline study that asked polygrphers about polygraph use and results.  The research found that the majority of polygraphs were used for maintenance monitoring and that over three-fourths of these tests were found to be non-deceptive. 

The committee also asked questions about juvenile sex offender registration and if there was any benefit to it. 

Carl Blake, Sex Offense Specific and Assessment Services Coordinator, Division of Youth Corrections, ensured the committee that juvenile sex offender treatment providers must meet standards set forth by the SOMB.  He also referred the committee to a white paper he authored on juvenile sex offender registration. 

Victim representatives affiliated with the SOMB testified. 

Allison Boyd, a victim representative on the SOMB, emphasized the important work of SOMB.  She explained that sex offenses are serious crimes with lifelong impacts and further addressed the importance of standards and guidelines.  As a victim representative, she supported the use of polygraphs to assist with treatment progression.

Debra Baty, a representative from The Blue Bench, reported that the SOMB provides necessary liaison services between victims, offenders, and community support services.