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Sentencing Alternative for Sex Offenders: A Study of Decision Making and Recidivism

NCJ Number
159144
Journal
Journal of Interpersonal Violence Volume: 10 Issue: 4 Dated: (December 1995) Pages: 487-502
Author(s)
L Berliner; D Schram; L L Miller; C D Milloy
Date Published
1995
Length
16 pages
Annotation
This study identified variables that discriminate between offenders who are granted the sentencing alternative from those who receive the standard punishment, compared recidivism rates of the two groups, and described the perceptions of professionals involved with application of the law.
Abstract
The study population consisted of all offenders convicted of felony sex offenses in Washington State between January 1985 and June 1986 and who met the eligibility requirements for the special sex offender sentencing alternative (SSOSA). Offenders convicted of sex crimes in which the sentence was less than a certain number of years and who had not previously been convicted of a sex offense would be eligible. Offenders convicted of forcible rape were not eligible. Where the judge determined that the community and the offender would benefit, the standard range would be suspended and SSOSA imposed. The offender usually is ordered to participate in a sexual deviancy treatment program. Other crime-related restrictions or requirements can be imposed. In addition, offenders could receive up to 6 months in the county jail, which could be served as work release. This study examined variables associated with the sentencing decision and compared recidivism rates of offenders granted the alternative with those who received the standard punishment (646 convicted adult sex offenders). It also reports the results of a survey of key professionals regarding the sentencing alternative. Recidivism rates of the two groups were equivalent for sex offenses, and recidivism rates for other crimes were significantly higher among offenders who did not receive the sentencing alternative. Overall, the findings provide support for the availability of a sentencing alternative for certain sex offenders. 3 tables and 20 references

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