Promoting Offender Accountability and Community Safety Through the Comprehensive Approach to Sex Offender Management

In response to the historically fragmented efforts to manage sex offenders within the criminal justice system and treatment community, it has been suggested that goals of offender accountability and community safety can be better attained through a more comprehensive, coordinated, and systemic approach. Anchored by a series of fundamental principles, the comprehensive approach to sex offender management recognizes the interrelatedness of key system components, including investigation, prosecution, and sentencing; specialized assessment, treatment, supervision, and reentry; and registration and community notification. Despite having been the subject of increased focus by criminal justice systems for decades, the magnitude of sexual victimization remains a significant problem in contemporary society, leading both professionals and the public to raise questions about the comprehensiveness and efficacy of historical sex offender management strategies. It has been suggested that such efforts have been inadequate for a variety of reasons. These include the limited understanding of the multifaceted and complex etiological factors associated with sexual victimization, a failure to recognize and appreciate the implications of varying levels of risk and needs among the sex offender population, a diffuse decisionmaking system, the ∗ Each of the authors is a representative of the Center for Effective Public Policy and the Center for Sex Offender Management. The Center for Sex Offender Management (“CSOM”) is national training and technical assistance effort sponsored by the U.S. Department of Justice, Office of Justice Programs. The mission of the project is to promote public safety and reduce victimization through the enhancement of knowledge and skills among those in the criminal justice and broader public and private sector systems charged with managing sex offenders. The opinions expressed herein are those of the authors and do not represent the official position of the U.S. Department of Justice. Address correspondence to Madeline M. Carter, Principal, Center for Effective Public Policy, 8403 Colesville Road, Suite 720, Silver Spring, MD 20910. 1274 SETON HALL LAW REVIEW Vol. 34:1273 absence of specialized knowledge about sex offenders and victims, a lack of awareness among the general public about sex offenders and victimization, insufficient monitoring and evaluation of interventions, an underemphasis on primary prevention efforts, and the absence of collaboration among those responsible for the different components of sex offender management. In recent years, however, professionals have recognized the value of developing a more coordinated and integrated response to sex offender management, a response that extends beyond traditional practices and emphases. Reflective of such a model, the comprehensive approach to sex offender management acknowledges the complex nature of sex offending and the subsequent necessity of key system components to effectuate offender accountability, rehabilitation, and victim and community safety throughout all phases of the criminal justice system. Within the comprehensive approach, it is emphasized that none of the individual components of the system—in and of itself—is sufficient in scope or latitude to address the magnitude and complexity of the problem of sexual victimization. Nor is the comprehensive approach necessarily a linear or unidirectional process; rather, the various components are highly interrelated and interdependent, each having implications for one another and the system as a whole. Critical to the foundation and ultimate impact of the comprehensive approach to sex offender management are several 1 MANAGING ADULT SEX OFFENDERS: A CONTAINMENT APPROACH (Kim English et al. eds., 1996) [hereinafter MANAGING ADULT SEX OFFENDERS]; Kim English, The Containment Approach: An Aggressive Strategy for the Community Management of Adult Sex Offenders, 4 PSYCHOL. PUB. POL’Y & L. 218 (1998) [hereinafter English, The Containment Approach]; Kim English et al., Community Containment of Sex Offender Risk: A Promising Approach, in PROTECTING SOCIETY FROM SEXUALLY DANGEROUS OFFENDERS: LAW, JUSTICE, AND THERAPY 265 (Bruce J. Winick et al. eds., 2003) [hereinafter English et al., Community Containment]; CSOM, An Overview of Sex Offender Management (July 2002) [hereinafter CSOM, Overview], available at http://www.csom.org/pubs/csom_bro.pdf (last visited July 7, 2004); CSOM, Public Opinion and the Criminal Justice System: Building Support for Sex Offender Management Programs (Apr. 2000) [hereinafter CSOM, Public Opinion], available at http://www.csom.org/pubs/pubpinion.pdf (last visited July 7, 2004); Leilah Gilligan & Tom Talbot, CSOM, Community Supervision of the Sex Offender: An Overview of Current and Promising Practices (Jan. 2000), available at http://www.csom.org/ pubs/supervision2.pdf (last visited July 7, 2004); Kristin Littel, CSOM, Engaging Advocates and Other Victim Service Providers in the Community Management of Sex Offenders (Mar. 2000), available at http://www.csom.org/pubs/advocacy.pdf (last visited July 7, 2004). 2 The key system components of the comprehensive approach to sex offender management include investigation, prosecution, sentencing, assessment, treatment, reentry, supervision, registration, and notification. 2004 PROMOTING OFFENDER ACCOUNTABILITY 1275 fundamental principles: a commitment to victim-centeredness, the need for specialized knowledge, the importance of an informed and involved public, the assurance of monitoring and evaluation of practices, and the necessity of collaboration. These principles reflect both a philosophy and a method of practice, and serve as the driving force behind the various strategies and interventions within each of the components of the criminal justice system. First, victim-centeredness propels sex offender management beyond the at-times exclusively offender-focused policies and practices, whereby active and explicit prioritization of the needs and interests of sexual assault victims remained limited, if not overlooked. Through a victim-centered approach, professionals have recognized the importance of ensuring that active consideration to the needs and interests of victims occurs in tandem with interventions designed to address the risk and needs of offenders. More specifically, it requires a commitment to ensuring that sex offender management policies and practices do not overlook the needs of victims, retraumatize or otherwise negatively impact victims, or inadvertently jeopardize the safety of victims or other community members. Operationalized, a victim-centered approach is reflected by ongoing responsivity to victims’ needs, provision of requested information to victims and families, promotion of healing and restoration, and allowances for victim input in the critical decisionmaking phases of the sex offender management process. Second, the unique, diverse, and complex nature of the sex offender population—as well as the multifaceted dynamics associated with sexual victimization—necessitate that professionals who have a role in the comprehensive approach to sex offender management possess specialized knowledge about sex offenders, victims, and effective interventions in order to facilitate informed and responsible decisionmaking. In the absence of specialized knowledge, the professionals responsible for promoting offender accountability and facilitating community safety will be ill-equipped to intervene in a timely, effective, and responsive manner. Third, while sex offending has been traditionally considered the exclusive responsibility of the criminal justice system, recognition of the need to educate—and partner with—communities to address 3 See Gilligan & Talbot, supra note 1. 4 MANAGING ADULT SEX OFFENDERS, supra note 1, at 2.6–.7; David A. D’Amora & Gail Burns-Smith, Partnering in Response to Sexual Violence: How Offender Treatment and Victim Advocacy Can Work Together in Response to Sexual Violence, 14 SEXUAL ABUSE: J. RES. & TREATMENT 121 (1999); English et al., Community Containment, supra note 1, at 267-68; Gilligan & Talbot, supra note 1, at 5; Littel, supra note 1. 1276 SETON HALL LAW REVIEW Vol. 34:1273 sexual victimization has become a critical focus of sex offender management. Indeed, the application of the public health model to the issue of sexual victimization has emerged in recent years, thus leading to the recognition that sex abuse is a broad societal concern that requires active involvement and attention from the public at large. Therefore, an understanding of the invaluable role of an informed public may actually facilitate the development and successful implementation of prevention and reduction efforts relative to sexual victimization, particularly from a primary prevention perspective. Fourth, the critical nature of this work and the profound implications of system failures to effectively address the problem of sexual abuse demand the incorporation of monitoring and evaluative processes to ensure the integrity, quality, and efficacy of the overall approach to sex offender management. Program monitoring and evaluation are perhaps best accomplished through the utilization of process and outcome examinations that examine critically the integrity and efficacy of the service delivery system. Funding decisions, resource deployment, legislative and policy decisions, offender success, and community safety all rely on sound programming and services. As the sex offender management field continues to evolve, it is critical that policies and practices are informed by, measured against, and adjusted in accordance with contemporary research and practices. 5 STOP IT NOW!, FOUR YEAR EVALUATION: FINDINGS REVEAL SUCCESS OF STOP IT NOW! VERMONT (REPORT # 5) 4 (2000), available at http://www.stopitnow.com/vt/ Final_Eval_Summary_2000.pdf (last visited July 7, 2004); Judith V. Becker & Dan W. Reilly, Preventing Sexual Abuse and Assault, 11 SEXUAL ABUSE: J. RES. & TREATMENT 267, 275-76 (1999); Fred S. Berlin, The Etiology and Treatment of Sexual Offending, in THE SCIENCE, TREATMENT, AND PREVENTION OF ANTISOCIAL BEHAVIORS: APPLICATION TO THE CRIMINAL JUSTICE SYSTEM 21-1 (Diana H. Fishbein ed., 2000); S.M. Hudson et al., Whither Relapse Prevention?, in REMAKING RELAPSE PREVENTION WITH SEX OFFENDERS: A SOURCEBOOK 503, 508-12 (D. Richard Laws et al. eds., 2000) [hereinafter REMAKING RELAPSE PREVENTION]; D.R. Laws, Harm Reduction or Harm Facilitation? A Reply to Maletzky, 11 SEXUAL ABUSE: J. RES. & TREATMENT 233 (1999); D.R. Laws, Relapse Prevention or Harm Reduction?, 8 SEXUAL ABUSE: J. RES. & TREATMENT 243 (1996); Pamela M. McMahon, The Public Health Approach to the Prevention of Sexual Violence, 12 SEXUAL ABUSE: J. RES. & TREATMENT 27 (2000); Pamela M. McMahon & Robin C. Puett, Child Sexual Abuse as a Public Health Issue: Recommendations of an Expert Panel, 11 SEXUAL ABUSE: J. RES. & TREATMENT 257 (1999); James A. Mercy, Having New Eyes: Viewing Child Sexual Abuse as a Public Health Problem, 11 SEXUAL ABUSE: J. RES. & TREATMENT 317 (1999); Sandy K. Wurtele, Comprehensiveness and Collaboration: Key Ingredients of an Effective Public Health Approach to Preventing Child Sexual Abuse, 11 SEXUAL ABUSE: J. RES. & TREATMENT 323 (1999). 6 See sources cited supra note 5; see also CSOM, Public Opinion, supra note 1. 7 MANAGING ADULT SEX OFFENDERS, supra note 1, at 2.15–.16; English et al., Community Containment, supra note 1, at 269-74; CSOM, Overview, supra note 1, at 6, 7. 2004 PROMOTING OFFENDER ACCOUNTABILITY 1277 Finally, as historical approaches to sex offender management have been characterized by fragmentation among—and, at times, conflict between—the various professionals and agencies involved in processing, treating, and serving this population, the importance of collaboration has become increasingly clear. Indeed, the already shared goals of reduced victimization and community safety suggest that the stakeholders responsible for sex offender management can more efficiently and effectively facilitate sustainable change through collaborative partnerships. By definition, collaboration requires involved professionals and stakeholders to recognize the importance of diverse perspectives, value the distinct roles and responsibilities that exist within each agency, share resources, and make a commitment to work together to enhance capacity toward attainment of a common goal. Overall, collaboration fosters mutual understanding and support for the various components of the sex offender management process and creates an expanded network of informed and dedicated individuals to assist offenders and victims. Moreover, collaboration holds the promise of more successful outcomes by ensuring that treatment interventions, supervision approaches, and other strategies are responsive to the individual levels of risk and needs posed by offenders. I. INVESTIGATION, PROSECUTION, AND SENTENCING The comprehensive approach to sex offender management begins at the point of victim disclosure or identification, the catalyst for the investigation, prosecution, and sentencing phase. During this component, the critical importance of victim-centeredness and specialized knowledge is readily apparent. Among the key goals of the investigation, prosecution, and sentencing component are the following: delivering supportive and other needed services to victims; collecting critical forensic evidence; resolving cases swiftly and effectively; protecting the individual rights and safeguards afforded to criminal defendants; promoting accountability of sex offenders; and 8 Collaboration is necessary on both a policy and case management level. At the policy level, decisionmakers oversee the development of policies, secure and deploy resources, and provide critical support to individuals at the case management level. Collaboration on the case management level promotes effective day-to-day offender management through information-sharing and the utilization of comprehensive data to inform decisions regarding the management of individual offenders. See, e.g., MANAGING ADULT SEX OFFENDERS, supra note 1, at 2.7–.13, 7.4; D’Amora & BurnsSmith, supra note 4; English et al., Community Containment, supra note 1, at 268; CSOM, Overview, supra note 1, at 4; Littel, supra note 1. 9 See sources cited supra note 8. 1278 SETON HALL LAW REVIEW Vol. 34:1273 maintaining the overarching interests of community safety. Unfortunately, relative to other crimes, the nature of and dynamics associated with sexual victimization present unique challenges. Included among these are the potential for a lack of corroborating witnesses, inconclusive physical evidence, delayed reporting by victims due to the considerable impact and potential stigma associated with sexual victimization, difficulties associated with securing consistent statements from—and involvement of—victims, and widespread myths and misperceptions about both offenders and victims. Law enforcement officers and child protective services personnel are among the first to have contact with alleged offenders and victims and, as such, assume a pivotal role in the comprehensive approach. Indeed, the nature, quality, and integrity of investigative practices may ultimately impact the ability of the criminal justice system to respond to victims and manage offenders effectively. Put simply, the successful prosecution of sex offense cases is, in large part, a function of the thoroughness and the collective expertise of those responsible for the investigative process. In the absence of successful prosecution, the leverage of the system to impact offender accountability and ensure victim safety is substantially compromised—if not largely eliminated. It is essential, therefore, that those responsible for investigations of sex crimes are specially trained and experienced. 10 See, e.g., RUDY FLORA, HOW TO WORK WITH SEX OFFENDERS: A HANDBOOK FOR CRIMINAL JUSTICE, HUMAN SERVICE, AND MENTAL HEALTH PROFESSIONALS 15-17 (2001) (discussing the difficulties of securing cooperation from victims); LYNN HECHT SCHAFRAN ET AL., UNDERSTANDING SEXUAL VIOLENCE: PROSECUTING ADULT RAPE AND SEXUAL ASSAULT CASES 8.36–.41 (2001) [hereinafter PROSECUTING ADULT RAPE]; LYNN HECHT SCHAFRAN ET AL., UNDERSTANDING SEXUAL VIOLENCE: THE JUDICIAL RESPONSE TO STRANGER AND NONSTRANGER RAPE AND SEXUAL ASSAULT (Unit I) 1-41 (1999) [hereinafter THE JUDICIAL RESPONSE] (adapted for the Wisconsin Supreme Court Office of Judicial Education from the National Judicial Education Program’s model judicial education curriculum, Understanding Sexual Violence: The Judge’s Role in Stranger and Non-stranger Rape and Sexual Assault Cases); Richard T. Andrias, Myths About Rape: Persistant Problems in Prosecuting Rapes, 7 CRIMINAL JUSTICE 2 (1992); Lynn Hecht Schafran, Writing and Reading About Rape: A Primer, 66 ST. JOHN’S L. REV. 4 (1993); Lenore M.J. Simon, Matching Legal Policies with Known Offenders, in PROTECTING SOCIETY FROM SEXUALLY DANGEROUS OFFENDERS, supra note 1, at 153-54. 11 PROSECUTING ADULT RAPE, supra note 10, at 8.36–.41; see also English et al., Community Containment, supra note 1, at 268 (discussing multidisciplinary collaboration); Cindi Nannetti & Dyanne Greer, Investigating and Prosecuting Sex Offenders, in MANAGING ADULT SEX OFFENDERS, supra note 1, at 8.1, 8.3–.5 (“When detectives are not trained to investigate sex crimes, cases are more difficult to prosecute.”). 12 Such knowledge strengthens investigative processes by ensuring that law enforcement officials and other involved personnel understand the dynamics of 2004 PROMOTING OFFENDER ACCOUNTABILITY 1279 In the laudable zealousness of the investigative and subsequent court processes, however, the needs and interests of victims may be inadvertently overlooked. Indeed, it must be recognized that during this phase, policies and practices have the potential to exacerbate or induce trauma among sexual abuse victims. In an attempt to minimize the potential for system-induced trauma and to ensure timely, efficient, consistent, victim-sensitive, and thorough responses, multidisciplinary protocols that emphasize the specific roles and coordination of law enforcement, child protective, victim advocacy, medical, mental health, and legal representatives have been developed in a number of jurisdictions. At the point of prosecution, in order to maximize offender accountability and responsiveness to the needs and interests of victims, the charges filed should—to the extent possible—accurately reflect the nature and seriousness of the sex crimes. Additionally, sexual victimization, utilize effective interviewing strategies with victims and alleged offenders, identify critical forensic evidence, and recognize sex crimes that appear non-sexual in nature but that may be driven by sexual deviance or motivation. MANAGING ADULT SEX OFFENDERS, supra note 1, at 2.7–.17, 8.3–.8. 13 Among other issues, insensitivity of investigative personnel, repeated interviews, invasive medical procedures, and courtroom tactics can impact victims negatively. See, e.g, NAT’L CTR. FOR PROSECUTION OF CHILD ABUSE ET AL., INVESTIGATION AND PROSECUTION OF CHILD ABUSE chs. 2, 7 (2d ed. 1993); NAT’L VICTIM CTR., 1996 VICTIM’S RIGHTS SOURCEBOOK: A COMPILATION AND COMPARISON OF VICTIMS’ RIGHTS LEGISLATION § 12, at 329, 337 (1996); PROSECUTING ADULT RAPE, supra note 10, at 7.1–.4; THE JUDICIAL RESPONSE, supra note 10, at 34-62; Courtney E. Ahrens et al., Sexual Assault Nurse Examiner (SANE) Programs: Alternative Systems for Service Delivery for Sexual Assault Victims, 15 J. INTERPERSONAL VIOLENCE 921, 923-24 (2000); Rebecca Campbell, The Community Response to Rape: Victims’ Experiences with the Legal, Medical, and Mental Health Systems, 26 AM. J. COMMUNITY PSYCHOL. 355, 356 (1998); Rebecca Campbell et al., Community Services for Rape Survivors: Enhancing Psychological Well-Being or Increasing Trauma?, 67 J. CONSULTING & CLINICAL PSYCHOL. 847, 855 (1999); English et al., Community Containment, supra note 1, at 267-68; Nannetti & Greer, supra note 11, at 8.6; Gilligan & Talbot, supra note 1, at 1, 2-3 (describing the victim-centered approach); Littel, supra note 1. 14 CSOM, CASE STUDIES ON THE CENTER FOR SEX OFFENDER MANAGEMENT’S NATIONAL RESOURCE SITES, 1-7 (describing the Colorado Sex Offender Management Board), 30 (describing victim-supportive practices in Maricopa Co., AZ), 49-54 (describing New Haven, CT victim advocate role) (2d ed. 2001); English et al., Community Containment, supra note 1, at 267-68; Nannetti & Greer, supra note 11, at 8.6; Gilligan & Talbot, supra note 1, at 1, 2-3; Littel, supra note 1. 15 This practice is in contrast with the charging of lesser offenses. See, e.g., MANAGING ADULT SEX OFFENDERS, supra note 1, at 24; NAT’L CTR. FOR PROSECUTION OF CHILD ABUSE ET AL., supra note 13, at 202; PROSECUTING ADULT RAPE, supra note 10, at Faculty Manual 55; English et al., Community Containment, supra note 1, at 266; Brian K. Holmgren, Forging New Alliances—Proposals for Change in Managing Sex Offenders within the Criminal Justice System, in 3 THE SEX OFFENDER: THEORETICAL ADVANCES, TREATING SPECIAL POPULATIONS AND LEGAL DEVELOPMENTS 37-1, 37-8 (Barbara K. Schwartz ed., 1999) [hereinafter 3 THE SEX OFFENDER]; Roger J.R. Levesque, 1280 SETON HALL LAW REVIEW Vol. 34:1273 prosecutors and their representatives—working closely with victim advocates—should meet with victims and their families early in the process to explain the various court proceedings, provide necessary education and support, assess the willingness and ability of the victim to testify, and identify any specific considerations or accommodations that may be necessary. The vertical prosecution of sex offense cases is also beneficial, whereby a single prosecutor is maintained from the point of charging, through witness preparation, pre-trial motions, trial, and sentencing. Finally, prosecutors, defense attorneys, and judges should work collaboratively to avoid unnecessary delays and continuances in the legal process; such delays are neither beneficial to the alleged offender nor the victim and may increase the stress and potential trauma to victims and impact their ability to recall critical details. An additional area worthy of consideration during the prosecution and sentencing phases is that of plea bargaining. Arguably, plea bargains are an important and sometimes necessary mechanism for securing convictions in sex offense cases, with a variety of benefits realized, including the more timely resolution of cases and the elimination of the potential trauma to victims that is associated with testifying or facing the assailant during the proceedings. Despite these advantages, however, certain aspects of plea bargains may have potential negative implications on offender accountability and victim interests. Prosecutors, defense attorneys, Sentencing Sex Crimes Against Children: An Empirical and Policy Analysis, 18 BEHAV. SCI. & L. 331, 333-34 (2000); David C. Strate et al., Criminal Justice Policies and Sex Offender Denial, in MANAGING ADULT SEX OFFENDERS, supra note 1, at 4.1, 4.5–.7. 16 See, e.g., FLORA, supra note 10, at 15-17; NAT’L CTR. FOR PROSECUTION OF CHILD ABUSE ET AL., supra note 13, at 199; Nannetti & Greer, supra note 11, at 8.4; CSOM, Overview, supra note 1, at 3; Littel, supra note 1. 17 Vertical prosecution of sex crimes serves a variety of purposes, including the following: (a) reducing the number of individuals to whom the victim must provide statements; (b) maintaining consistency and continuity of case processing; (c) promoting prosecutor familiarity with the victim and the facts of the case; (d) ensuring the preservation of critical information that can be lost when cases are transferred; and (e) enhancing victim trust and rapport. See Dean G. Kilpatrick et al., Sexual Assault, in NATIONAL VICTIM ASSISTANCE ACADEMY TEXTBOOK (2002), available at http://www.ojp.usdoj.gov/ ovc/assist/nvaa2002/chapter10.html (last visited July 7, 2004); NAT’L CTR. FOR PROSECUTION OF CHILD ABUSE ET AL., supra note 13, at 199-200; THE JUDICIAL RESPONSE, supra note 10, at 44; Holmgren, supra note 15, at 37-3 & n.12. 18 See, e.g., FLORA, supra note 10, at 16 (noting the importance of providing the victim with periodic updates); PROSECUTING ADULT RAPE, supra note 10, at 7.14 (noting strategies to prepare victims for and avoid adjournments); THE JUDICIAL RESPONSE, supra note 10, at 42-52; John E.B. Myers et al., Psychological Research on Children as Witnesses: Practical Implications for Forensic Interviews and Courtroom Testimony, 28 PAC. L.J. 3, 63 (1996). 19 Specifically, pleas that do not require the establishment of a factual basis (i.e., 2004 PROMOTING OFFENDER ACCOUNTABILITY 1281 and judges should be educated about the potential caveats of certain plea bargaining practices to ensure that—to the extent possible— when plea bargains are utilized, they promote offender accountability and balance the needs and interests of victims. Further, to ensure that plea and sentencing decisions are well informed and appropriate for both offenders and victims, it is essential that such agreements are guided by sufficient information about the offender, the offense behaviors, and victim and community safety needs. At the sentencing phase, risk management dispositional schemes should allow for sufficient flexibility and judicial discretion to tailor individual dispositions and sentences on a case-by-base basis, commensurate with the level of risk and needs posed by offenders, as well as the capacity of the criminal justice system to manage such offenders effectively. For this to occur, members of the judiciary and other key stakeholders (e.g., legislators, policymakers, prosecutors, defense attorneys) must be fully informed about and Alford and nolo contendere pleas) and those which eliminate the sex offense component of the case (i.e., charge bargains) require careful examination. Potentially unintended consequences include the implied minimization of the seriousness of the offense, invalidation of the victims’ experiences, and exacerbation of offender denial, undermining the subsequent treatment, and supervision components of sex offender management. See, e.g., GEORGIA CUMMING & MAUREEN BUELL, SUPERVISION OF THE SEX OFFENDER 13-14 (1997); MANAGING ADULT SEX OFFENDERS, supra note 1, at 2.24, 4.5–.6; PROSECUTING ADULT RAPE, supra note 10, at Faculty Manual 48 (describing the workshop session on this topic); Howard E. Barbaree & Franca A. Cortoni, Treatment of the Juvenile Sex Offender within the Criminal Justice and Mental Health Systems, in THE JUVENILE SEX OFFENDER 243, 245-49 (Howard E. Barbaree et al. eds., 1993); Kurt M. Bumby & Marc C. Maddox, Judges’ Knowledge about Sexual Offenders, Difficulties Presiding over Sexual Offense Cases, and Opinions on Sentencing, Treatment, and Legislation, 11 SEXUAL ABUSE: J. RES. & TREATMENT 305, 314 (1999); English, The Containment Approach, supra note 1, at 225; Joseph Heinz & Gail Ryan, The Legal System’s Response to Juvenile Sexual Offenders, in JUVENILE SEXUAL OFFENDING: CAUSES, CONSEQUENCES, AND CORRECTION 201, 208 (Gail Ryan & Sandy Lane eds., 1997); Holmgren, supra note 15, at 37-4 to -5; Jeffrey A. Klotz et al., Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach to Sex Offenders and the Plea Process, 15 U. PUGET SOUND L. REV. 579 (1992); Nat’l Adolescent Perpetrator Network (“NAPN”), The Revised Report from the National Task Force on Juvenile Sexual Offending, 44 JUV. & FAM. CT. J. 1, 22 (1993) [hereinafter NAPN]; Strate et al., supra note 15, at 4.5–.6; David B. Wexler & Bruce J. Winick, Therapeutic Jurisprudence and Criminal Justice Mental Health Issues, 16 MENTAL & PHYSICAL DISABILITY L. REP. 225, 229-30 (1992). 20 See, e.g., Holmgren, supra note 15, at 37-4 to -5; Levesque, supra note 15, at 33940; Strate et al., supra note 15, at 4.5–.6. 21 CUMMING & BUELL, supra note 19, at 3-31; NAT’L CTR. FOR PROSECUTION OF CHILD ABUSE ET AL., supra note 13, at 228-37; JOAN PETERSILIA, WHEN PRISONERS COME HOME: PAROLE AND PRISONER REENTRY 230-31 (2003); Holmgren, supra note 13; Jonathan Simon, Managing the Monstrous: Sex Offenders and the New Penology, in PROTECTING SOCIETY FROM SEXUALLY DANGEROUS OFFENDERS, supra note 1, at 301; Gilligan & Talbot, supra note 1. 1282 SETON HALL LAW REVIEW Vol. 34:1273 possess specialized knowledge relative to effective sex offender management practices, including the resources available in their respective jurisdictions. Beyond a broad understanding of key sex offender and victim issues at the point of sentencing, key decisionmakers must have routine access to thorough, reliable, and individualized assessment data, including pre-sentence investigations and psychosexual evaluations conducted by specially trained sex offender management professionals. Furthermore, to ensure responsiveness to victims’ needs and interests, victim impact statements and restitution needs must be considered at the time of sentencing as well. The application of such specialized knowledge by the judiciary might be demonstrated at the sentencing or disposition phase through the imposition of mandates for sex offense-specific treatment, sufficient periods of community supervision that allow for adequate monitoring, relevant special conditions or restrictions for supervision, and court-leveraged consequences for non-compliance.