Standardized Treatment of Sex Offenders
What sexual offenses result in Standardized Treatment of Sex Offenders? The following convictions will result in “treatment” defined as therapy and supervision of any sex offender that conforms to the standards created by the Sex Offender Treatment Board. (Tenn. Code Ann. § 39-13-703, 4).
Before you plead guilty to any offense that can result in Standardized Treatment of Sex Offenders, make sure that you understand exactly what you’re signing up for, because this ‘treatment’ will last well beyond a jail sentence, and many offenders state that they were penalized for ‘not making progress’ because they maintained their innocence.
Too bad there are few studies that show that it actually works.
39-13-703. Part definitions.
- As used in this part, unless the context otherwise requires:
- (1) “Board” means the sex offender treatment board created in § 39-13-704;
- (2) “Sex offender” means any person who is convicted in this state, on or after January 1, 1996, of any sex offense, or if such person has been convicted in another state of an offense that would constitute a sex offense in this state, and who is subject to parole or probation supervision by the department of correction pursuant to an interstate compact;
- (3) “Sex offense” means any felony or misdemeanor offense described as follows:
- (A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of:
- (i) Rape of a child, as defined in § 39-13-522;
- (ii) Aggravated rape, as defined in § 39-13-502;
- (iii) Rape, as defined in § 39-13-503;
- (iv) Aggravated sexual battery, as defined in § 39-13-504;
- (v) Sexual battery, as defined in § 39-13-505;
- (vi) Statutory rape, as defined in § 39-13-506;
- (vii) Incest, as defined in § 39-15-302;
- (viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and
- (ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A); or
- (B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of:
- (i) Sexual battery by an authority figure, as defined in § 39-13-527;
- (ii) Solicitation of a minor, as defined in § 39-13-528;
- (iii) Exploitation of a minor by electronic means, as defined in § 39-13-529; provided, that the victim of the offense is less than thirteen (13) years of age;
- (iv) Aggravated rape of a child, as defined in § 39-13-531;
- (v) Statutory rape by an authority figure, as defined in § 39-13-532;
- (vi) Sexual exploitation of a minor, as defined in § 39-17-1003;
- (vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004;
- (viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005;
- (ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and
- (x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); and
- (A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of:
- (4) “Treatment” means therapy and supervision of any sex offender that conforms to the standards created by the board pursuant to § 39-13-704.
39-13-704. Sex offender treatment board — Creation — Membership — Term — Duties — Immunity from liability.
- (a) There is created, in the department of correction, a sex offender treatment board, which shall consist of thirteen (13) members. The membership of the board shall consist of the following persons:
- (1) One (1) member representing the judicial branch, appointed by the chief justice of the supreme court;
- (2) Two (2) members representing the department of correction, appointed by the commissioner of correction;
- (4) One (1) member representing the department of children’s services, appointed by the commissioner of children’s services;
- (5) One (1) member, appointed by the commissioner of correction, who is a licensed mental health professional with recognizable expertise in the treatment of sex offenders;
- (6) One (1) member, appointed by the commissioner of correction, who is a district attorney general;
- (7) One (1) member, appointed by the commissioner of correction, who is a member of a community corrections advisory board;
- (9) One (1) member, appointed by the commissioner of correction, who is a representative of law enforcement;
- (b) The commissioner of correction shall appoint a presiding officer for the board from among the board members appointed pursuant to subsection (a). The presiding officer shall serve as such at the pleasure of the commissioner.
- (c)
- (d) The board shall carry out the following duties:
- (1) The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders. The procedure shall provide for an evaluation and identification of the offender and recommend behavior management monitoring and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for sex offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender; provided, that there is no reduction of the safety of victims and potential victims;
- (2) The board shall develop guidelines and standards for a system of programs for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the department of correction, placed on parole, or placed in community corrections. The programs developed shall be as flexible as possible, so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in a manner that the programs provide a continuing monitoring process, as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system, and may include, but shall not be limited to, polygraph examinations by therapists and probation and parole officers, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. The programs shall be developed in a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed shall be implemented only to the extent that funds are available in the sex offender treatment fund created in § 39-13-709;
- (3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-709, among the judicial branch, the department of correction, and the department of children’s services. In addition, the board shall coordinate the expenditure of funds from the sex offender treatment fund with any funds expended by any of the departments listed in this subdivision (d)(3) for the identification, evaluation, and treatment of sex offenders; and
- (4) The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this part. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this part. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of the tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subdivision (d)(4).