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Definitions Helpful to Understand Colorado Sex Offender Defense – Glossary and Definitions of Terms

Accountability: Accountability means accurate attributions of responsibility, without distortion, minimization, or denial.

Adjudication: The legal review and determination of a case in a court of law. In criminal cases, a juvenile who is convicted of a sexual offense is deemed “adjudicated.” An adult convicted of a similar offense is deemed “convicted.” An adult can be adjudicated with an Imposition of Legal Disability. “Adjudication” means a determination by the court that it has been proven beyond a reasonable doubt that the juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, “adjudication” means conviction” (refer to section 19-1-103, C.R.S.).

Authorized Representative: An individual designated by the person receiving services, or by the parent or guardian of the person receiving services, if appropriate, to assist the person receiving services in acquiring or utilizing services and support (refer to section 27-10.5-102, C.R.S.).

Assessment: Assessment means the collection of facts to draw conclusions which may suggest the proper course of action. Although the term “assessment” may be used interchangeably with the term “evaluation,” in this document assessment generally has the broader usage, implying the collection of facts by a variety of agencies or individuals (e.g. pre-sentence investigator), while evaluation is generally used to mean the sex offense-specific evaluation conducted by a therapist. (See also Evaluation.)

Behavioral Monitoring: Behavioral monitoring means a variety of methods for checking, regulating and supervising the behavior of sex offenders.

Case Management: Case management means the coordination and implementation of the cluster of activities directed toward supervising, treating and managing the behavior of individual sex offenders.

Clinical Experience: Clinical experience means those activities directly related to providing evaluation and/or treatment to individual sex offenders, e.g. face-to-face therapy, report writing, administration, scoring and interpretation of tests; participation on case management teams of the type described in these Standards and Guidelines; and clinical supervision of therapists treating sex offenders.

Community Centered Board (CCB): A private non-profit corporation that provides case management services to persons with developmental disabilities. The CCB determines eligibility of such persons within a specified geographical area, serves as the single point of entry for persons to receive services, determines the needs of eligible persons, prepares and implements long-range plans, and annual updates to those plans. Other responsibilities include: establishing a referral and placement committee, obtaining or providing early intervention services, notifying eligible persons and their families regarding the availability of services and supports, and creating a human rights committee (refer to section 27-10.5-105, C.R.S.).

Containment Approach: A containment approach means a method of case management and treatment that seeks to hold offenders accountable through the combined use of both offenders’ internal controls and external control measures (such as the use of the polygraph and relapse prevention plans). A containment approach requires the integration of a collection of attitudes, expectations, laws, policies, procedures and practices that have clearly been designed to work together. This approach is implemented through interagency and interdisciplinary teamwork.

Defense Mechanisms: Defense mechanisms means normal adaptive self-protective  functions which keep human beings from feeling overwhelmed and/or becoming psychotic, but which become dysfunctional when overused or over-generalized.

Denial: In psychological terms denial means a defense mechanism used to protect the ego from anxiety-producing information.

Denier Intervention: Denier Intervention is designed primarily for those in Level 3 Denial (please refer to Standard 3.500). It occurs separately from regular group therapy that is provided for offenders who have, at a minimum, admitted the crime of conviction. Denier Intervention may include a variety of modalities specifically designed to reduce denial, minimization and resistance to treatment and supervision.

Discussion Point: Some sexual offenders have intellectual and/or functional deficits that indicate a need for revised assessment, evaluation, treatment or behavioral monitoring even though they do not meet the federal definition for developmental disabilities. Evaluators, treatment providers, polygraph examiners, and supervising officers shall provide services appropriate to each sex offender’s developmental level.

Direct Clinical Contact: Includes intake, face-to-face therapy, case/treatment staffing, treatment plan review, and crisis management with adult sex offenders.

Evaluation: Evaluation means the systematic collection and analysis of psychological, behavioral and social information; the process by which information is gathered, analyzed and documented. In this document the term “sex offense-specific evaluation” is used to describe the evaluation provided for sex offenders under the jurisdiction of the criminal justice system. (See also Assessment.)

Evaluator: Evaluator means an individual who conducts sex offense specific evaluations of sex offenders according to the Standards and Guidelines contained in this document, and according to professional standards.

Guardian: A person who is appointed by the court to make decisions on behalf of an incapacitated person (refer to Section 15-14-102, C.R.S.).

Guideline: Guideline means a principle by which to make a judgment or determine a policy or course of action. Within the context of this document, a guideline should be read as a suggestion of best practice; a standard shall be read as required by Colorado statute.

Incidental Contact: Any verbal or physical contact.

Incompetent To Proceed (ITP): The defendant is suffering from a mental disease or defect which renders him or her incapable of understanding the nature and course of the proceedings against him or her, or of participating or assisting in the defense, or cooperating with his or her defense counsel (refer to Section 16-8-103, C.R.S.).

Informed Assent: Assent means compliance; a declaration of willingness to do something in compliance with a request; acquiescence; agreement. The use of the term “assent” rather than “consent” in this document recognizes that sex offenders are not voluntary clients, and that their choices are therefore more limited. Informed means that a person’s assent is based on a full disclosure of the facts needed to make the decision intelligently, e.g. knowledge of risks involved, alternatives.

Informed Consent: Consent means voluntary agreement, or approval to do something in compliance with a request. Informed means that a person’s consent is based on a full disclosure of the facts needed to make the decision intelligently,e.g. knowledge of risks involved, alternatives.

Interdisciplinary Team (IDT): A group of people convened by a community centered board which shall include the person with a developmental disability receiving services, the parent or guardian of a minor, a guardian or an authorized representative, as appropriate, the person who coordinates the provision of services and supports, and others as determined by such person’s needs and preferences, who are assembled in a cooperative manner to develop or review the individualized plan (refer to Section 27-10.5-102 C.R.S.).

Non-deceptive Polygraph Examination Result: A non-deceptive polygraph examination result must include a deceptive response to control questions and only non-deceptive responses to all relevant questions. Any inconclusive or deceptive response to any relevant question disallows a nondeceptive examination result. The purpose of defining “informed assent” and “informed consent” in this section is primarily to highlight the degree of voluntariness in the decisions which will be made by a sex offender. No attempt has been made to include full legal definitions of these terms.

Plethysmography: In the field of sex offender treatment, plethysmography means the use of an electronic device for determining and registering variations in penile tumescence associated with sexual arousal. Physiological changes associated with sexual arousal in women are also measured through the use of plethysmography. Plethysmography includes the interpretation of the data collected in this manner.

Polygraphy: Polygraphy means the use of an instrument that is capable of recording, but not limited to recording, indicators of a person’s respiratory pattern and changes therein, galvanic skin response and cardio-vascular pattern and changes therein. The recording of such instruments must be recorded visually, permanently and simultaneously. Polygraphy includes the interpretation of the data collected in this manner, for the purpose of measuring physiological changes associated with deception.

Provider List: The list, published by the SOMB, identifies the treatment providers, evaluators, and polygraph examiners who meet the criteria set forth in these Standards. The determination that the providers meet the criteria is made by the SOMB based on an application submitted by the provider, outlining their experience, training and credentials, a criminal history check and background investigation, written references and reference checks and a review of relevant program materials and products. Placement on the list must be renewed every three years.

Safety Plan: A written document derived from the process of planning for community safety. The document identifies potential high-risk situations and addresses ways in which situations will be handled without the offender putting others at risk. The plan requires the approval of the supervision team.

Secondary Victim: Secondary victim means a relative or other person closely involved with the primary victim who is severely impacted emotionally or physically by the trauma suffered by the primary victim.

Sex Offender: The following definition is based on Section 16-11.7-102, C.R.S. For purposes of this document a sex offender is:

(1) Any (adult) person convicted of a sex offense (defined below) in Colorado on or after January 1, 1994, or;

(2) Any person convicted in Colorado on or after July 1, 2000, of any criminal offense with the underlying factual basis being a sex offense, or;

(3) Any person who is adjudicated as a juvenile or who receives a deferred adjudication on or after July 1, 2002, for an offense that would constitute a sex offense if committed by an adult or for any offense, the underlying factual basis of which involves a sex offense, or;

(4) Any person who receives a deferred judgment or deferred sentence for the offenses specified in below is deemed convicted, or;

(5) Any (adult) person convicted of any criminal offense in Colorado on or after January 1, 1994, and; a) who has previously been convicted of a sex offense in Colorado, or; b) who has previously been convicted in any other jurisdiction of any offense which would constitute a sex offense in Colorado, or; c) who has a history of any sex offenses as defined in the Sex Offense definition below. he determination of the legal status of a sex offender as either an adult or a juvenile is defined by statute.

A sex offender is also referred to as an “offender” in the body of this document; a sex offender is also referred to as a “client” and an “examinee” in sections relating to treatment and polygraph examinations respectively.

Sex Offense: The following definition is based on statute. For the purposes of this document, a sex offense is:

(1) Sexual Assault;

(2) Sexual Assault in the first, second and third degree as it existed prior to July 1, 2000;

(3) Unlawful Sexual Contact;

(4) Sexual Assault on a child;

(5) Sexual Assault on a child by one in a position of trust; 2 Section 16-11.7-102 (3), C.R.S., 2006. It is important to refer to the most current edition of the Colorado Revised Statutes.

(6) Sexual Assault on a client by a psychotherapist;

(7) Enticement of a child;

(8) Incest;

(9) Aggravated Incest;

(10) Trafficking in children;

(11) Sexual Exploitation of children;

(12) Procurement of a child for sexual exploitation;

(13) Indecent Exposure;

(14) Soliciting for child prostitution;

(15) Pandering of a child;

(16) Procurement of a child;

(17) Keeping a place of child prostitution;

(18) Pimping of a child;

(19) Inducement of child prostitution;

(20) Patronizing a prostituted child, or;

(21) Internet luring of a child;

(22) Internet sexual exploitation of a child;

(23) Criminal attempt, Conspiracy, or Solicitation to commit any of the above offenses.

Sex Offender Polygraph: Sex offender polygraph means a criminal specific-issue polygraph examination of a suspected or convicted sex offender.

Sex Offense-Specific Treatment: Consistent with current professional practices, sex offense specific treatment means a long term comprehensive set of planned therapeutic experiences and interventions to change sexually abusive thoughts and behaviors. Such treatment specifically addresses the occurrence and dynamics of sexually deviant behavior and utilizes specific strategies to promote change. Sex offense-specific programming focuses on the concrete details of the actual sexual behavior, the fantasies, the arousal, the planning, the denial and the rationalizations. Due to the difficulties inherent in treating sex offenders and the potential threat to community safety, sex offense-specific treatment should continue for several years, followed by a lengthy period of aftercare and monitoring. Much more importance is given to the meeting of all treatment goals than the passage of a specific amount of time, since offenders make progress in treatment at different rates. The primary treatment modality for sex offense specific treatment is group therapy for the offenders. Adjunct modalities may include partner or couples therapy, psycho-education, and/or individual therapy. However, such adjunct therapies by themselves do not constitute sex offense-specific treatment.

Sexual Paraphilias/ Sexual Deviance: Sexual paraphilias/sexual deviance means a subclass of sexual disorders in which the essential features are “recurrent intense sexually arousing fantasies, sexual urges, or behaviors generally involving (1) nonhuman objects, (2) the suffering or humiliation of oneself or one’s partner, or (3) children or other nonconsenting persons that occur over a period of at least months.The behavior, sexual urges or fantasies cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Paraphiliac imagery may be acted out with a non-consenting partner in a way that may be injurious to the partner. The individual may be subject to arrest and incarceration. Sexual offenses against children constitute a significant proportion of all reported criminal sex acts” (DSMIV, pages 522-523). This class of disorders is also referred to as “sexual deviations.” Examples include pedophilia, exhibitionism, frotteurism, fetishism, voyeurism, sexual sadism, sexual masochism and transvestic fetishism. This classification system includes a category labeled “Paraphilia Not Otherwise Specified” for other paraphilias which are less commonly encountered.

SOMB: SOMB means the Colorado Sex Offender Management Board.

Standard: Standard means criteria set for usage or practices; a rule or basis of comparison in measuring or judging.

Standards and Guidelines: “Standards” means the Standards and Guidelines for the Assessment, Evaluation, Treatment and Behavioral Monitoring of Adult Sex Offenders.

Supervising Officer: Supervising officer means the probation, parole, or community corrections officer or case manager to whom the offender’s case is assigned.

Treatment: According to Section 16-11.7-102(4), C.R.S. treatment means therapy, monitoring and supervision of any sex offender which conforms to the Standards created by the SOMB. (See also Sex offense-specific treatment.)

Treatment Provider: A treatment provider means a person who provides sex offense specific treatment to sex offenders according to the Standards and Guidelines contained in this document.

Victim Clarification Process: A process designed for the primary benefit of the victim, by which the offender clarifies that the responsibility for the assault/abuse resides with the offender. The process will clarify that the victim has no responsibility for the offender’s behavior. It also addresses the damage done to the victim and the family. This is a lengthy process that occurs over time, including both verbal and written work on the part of the offender. Although victim participation is never required and is sometimes contraindicated, should the process proceed to an actual clarification meeting with the victim, all contact is victim centered and based on victim need.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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