Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Sotp Non Compliance

POLICY

All offenders under supervision by the Department who are receiving SOTP services shall be subject to intermediate sanctions, or having revocation procedures initiated, if deemed by SOTP staff to demonstrate non-compliance.

PROCEDURE

  1. 1. Group therapy session non-compliance violations.
    1. Examples:
      1. Missing group session(s)
      2. Homework:
        1. a) Failure to complete
        2. b) Failure to pay weekly fee per agreement
        3. c) Incomplete
      3. Lack of full participation or poor attitude
      4. Reporting to group under the influence of alcohol/drugs
      5. Disruptive behavior or attempted intimidation

        Note: Violent behavior shall be cause for immediate dismissal from group and notification to the Court or Iowa Board of Parole. The offender shall be arrested if it is deemed appropriate by SOTP staff to do so.

    2. Notice to offender: If the above violations occur during group, facilitators shall, at an appropriate time, complete a Notice of Violation form, and give it to the offender. If the violation is not apparent until later, e.g. homework and/or the offender is not present, e.g. has missed group, the notice shall be given to the offender at the earliest appropriate time, or at the next group session. The offender shall be required to sigh the form, thus documenting receipt. Should the offender refuse to do so, that refusal shall be noted and the date and time documented.
    3. Intermediate sanctions to be applied following a Notice of Violation:
      1. Missed group session - requires the offender to make up the session during the next cycle of the curriculum, do an additional homework assignment, or attend the same or a like session at another time, however, the offender shall pay for all missed sessions.
      2. Homework non-compliance - additional homework shall be assigned, the offender shall be required to report to a Department office or facility to complete homework.
      3. Lack of full participation or poor attitude - offender shall be required to meet individually with SOTP facilitators to develop a plan for additional homework, book reports, assigned videos, etc.

        Note: If not already completed, and if deemed appropriate, an assessment shall be scheduled and/or the offender referred for individual counseling.

      4. Reporting to group under the influence of alcohol/drugs - increased urinalysis testing, use of antabuse, referral to TASC or treatment providers, possible arrest for Public Intoxication, Disruptive Behavior or Attempted Intimidation - additional homework or book reports related to anger management and/or power and control issues, a referral to the Batterer's Education Program for power and control issues, referral for individual counseling.
    4. When an offender has failed three (3) times to pay group session fees (having received a Notice of Violation with each failure) or has received a total of three (3) Notice of Violation forms, SOTP staff in consultation with supervisory/management staff and/or the Contracted Provider or Department Psychologist shall determine if notice shall be made to the Court and the Iowa Board of Parole for non-compliance. If notification is not made, earlier sanctions may be repeated, new sanctions imposed, or the offender shall be required to restart group sessions without credit for previous fee payment or attendance.

      Note: Restarting group sessions without credit for previous fee payment or attendance may be the intermediate sanction for an offender who misses a group session(s) because of any new arrest or being in custody for a revocation warrant.

  2. Other non-compliance violations and intermediate sanctions:
    1. Examples:
      1. Failure to abide by the Sex Offender Treatment Program Contract/Supervision Agreement
      2. Termination of services received from a Contracted Provider, Group Therapy Provider, or the Department Psychologist for lack of cooperation, participation or progress, and/or missed appointments.
    2. Following a determination by SOTP staff that the offender is in non-compliance, as above, SOTP staff shall impose sanctions:
      1. Additional homework assignments and book or video reports
      2. Increased contact standards
      3. Imposition of curfews with electronic monitoring
      4. Imposition of weekend house "arrest" with electronic monitoring
    3. If the offender fails to respond SOTP staff shall determine with the assistance of supervisory staff, the Contract Provider and/or the Department Psychologist, if any other meaningful sanction might be imposed on the offender to change the offender's behavior or attitude, and if so, it shall be imposed.
    4. If all such sanctions fail to change the situation, revocation proceedings shall be initiated.
  3. At any time, and whether or not any intermediate sanctions have been imposed, if any non-compliance by an offender strongly indicates a possibility of re-offending, immediate consideration shall be given to placing the offender is custody in order to protect others.
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