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Treatment of Sex Offenders

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228<br />

J.S. Levenson<br />

<strong>of</strong> these laws outweigh their benefits (Ackerman, Sacks & Greenberg, 2012 ; Zgoba,<br />

Witt, Dalessandro, & Veysey, 2009 ).<br />

Other recent investigations have raised questions about the utility and validity <strong>of</strong><br />

the federally mandated Adam Walsh Act tier system. In Florida, New Jersey,<br />

Minnesota, and South Carolina (Zgoba et al., 2012 ) and in New York (Freeman &<br />

Sandler, 2010 ), the AWA classification categories did a poor job <strong>of</strong> identifying<br />

potential recidivists, and researchers concluded that empirically derived procedures<br />

(such as Static-99) were better for screening sex <strong>of</strong>fenders into relative risk categories<br />

to establish monitoring requirements. When AWA was implemented in Ohio<br />

and Oklahoma, the retroactive reclassification process redistributed a significant<br />

majority <strong>of</strong> registrants from lower tier levels to higher ones, contradicting empirical<br />

evidence suggesting that the highest risk <strong>of</strong> sexual re<strong>of</strong>fense is concentrated among<br />

a much smaller group <strong>of</strong> <strong>of</strong>fenders (Harris et al., 2010 ).<br />

Finally, the latest research on long-term sex <strong>of</strong>fense recidivism has indicated that<br />

risk is highest during the first few years after release and declines substantially over<br />

time as individuals live in the community <strong>of</strong>fense-free (Hanson et al., 2014 ). The findings<br />

suggested that after about 16.5 years in the community without a new sex crime<br />

arrest, even high-risk sexual <strong>of</strong>fenders (defined by Static-99R scores) are no more<br />

likely to be arrested for a new sex <strong>of</strong>fense than nonsexual criminals, and sex <strong>of</strong>fenders<br />

scoring below zero on the Static-99R had sexual rearrest rate s that were slightly lower<br />

than those <strong>of</strong> nonsexual criminals (Harris & Hanson, 2012 ). Thus, policies 25-year or<br />

lifetime registration requirements are not evidence based and may be unnecessary for<br />

many <strong>of</strong>fenders, and resources might be better spent on more intensive supervision<br />

and reintegration assistance in the early years <strong>of</strong> reentry (Hanson et al., 2014 ).<br />

Residence Restriction Policies and Their Effectiveness<br />

Public access to registries has made citizens more aware <strong>of</strong> sex <strong>of</strong>fenders living in<br />

communities, inciting a cascade <strong>of</strong> residential housing restrictions. These laws prevent<br />

sex <strong>of</strong>fenders from living within close proximity to places where children are<br />

likely to be found. There are currently 30 state laws designating where sex <strong>of</strong>fenders<br />

can live (Meloy, Miller, & Curtis, 2008 ). The first state law, passed in 1995 in<br />

Florida and applying only to sex <strong>of</strong>fenders on probation and with minor victims,<br />

created 1000 ft buffer zones around schools, parks, playgrounds, daycare centers,<br />

and other places where children congregate. By 2004, there were 15 state statutes,<br />

but within 2 years <strong>of</strong> the 2005 murder <strong>of</strong> 9-year-old Jessica Lunsford by a convicted<br />

sex <strong>of</strong>fender in Florida, the number <strong>of</strong> states with housing restrictions doubled. The<br />

most common exclusion zones are 1000–2000 ft around venues such as schools,<br />

parks, playgrounds, and daycare centers. Some laws include other facilities such as<br />

arcades, amusement parks, movie theaters, youth sports facilities, school bus stops,<br />

and libraries (Meloy et al., 2008 ).<br />

Too abundant to count are municipal ordinances passed by cities, towns, and<br />

counties which restrict where sex <strong>of</strong>fenders can live. The first local ordinance in the

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