Sex Offender Management Board Summary Minutes

October 26, 2009

The SOMB met at the House Hearing Room on the 2nd Floor of Legislative Hall in Dover, on October 26, 2009. Present at the meeting were:

Chair: Secretary Lewis Schiliro

Shirley Lerner Karl Hines Laurie Pezick Dawn Williams

Peggy Bell Tina Showalter Fran Anderson Jessica Gumbutos

Gail Riblett Mitzi Boddy Janice Neiman Kim Gumbutos

Lisa Minutela Elizabeth Olsen Robin Case Philisa Weidlein-Crist

Kim Book William Nicholas Polli Funk Rodney Layfield

Pat Michele

The meeting was called to order at approximately 1:40 p.m. The minutes from the September 28, 2009 meeting were unanimously approved.

Ms. Shirley Lerner reported that YRS have been working on the creation of a Juvenile Probation Informal Inappropriate Sexual Behavioral (ISB) Risk Assessment tool. This form would be used when a youth enters YRS control. It would be done as the initial assessment and re-done every six months. Informal review of the assessment would be done as needed by the person supervising the offender.

A question was raised as to whether or not this document would be shared with the Dept. of Education. Ms. Case advised that DOE is concerned that an offender is a high risk on the web site and may have a lower assessment. A point of clarity was made that the Tier is associated to the charge and has no impact on the ISB Assessment tool.

Judge Nicholas inquired if YRS would be sharing this document with the courts. YRS does not have control over Child Mental Health and they are currently using the Eraser and JSOAR. This document would be used by YRS and could be used in future assessments. The Secretary felt that any tool that helps with standardization and effective treatment would benefit all agencies.

There was concern that there is little discretion the courts have when assessing juvenile a tier level. Ms. Tina Showalter advised that the discretion with juveniles is for children under the age of 14. Ms. Lisa Minutela and Ms. Showalter are working together to determine if there is a better way to approach this issue. Judge Nicholas would like to see the assessment done prior to sentencing. Ms. Lerner advised that the Federal Government is looking into changing the Adam Walsh Act as it relates to juveniles.

After a thorough discussion it was agreed that Ms. Lerner should ask someone from Child Mental Health and the Juvenile Probation ISB Unit to try and attend the next meeting so the group could get a better understanding of the form.

Subcommittee update:

The seven Subcommittees detailed reports and meeting records are maintained by the Subcommittee chairs. Discussion highlights be each committee chair included:

1.  Data Collection - DELJIS is to have the CAP done in electronic format.

Ms. Nicole Wilson from DELJIS is tackling this project. As soon as it is completed it will be forwarded to CJC.

2.  Public Awareness/Education/Legislative - The subcommittee did not have a formal meeting this month; however, there was discussion concerning legislature briefing and tracking. All agencies are encouraged to send any legislature about sex offender related to the committee. A master list will be maintained and the information presented to the SOMB. Some legislature that was discussed in its very early stages is possibly changing the age of consent to 18 when the offender is a person of authority or trust. Ms. Riblett will gather information on HB 169 and HB 252 for the next meeting.

3.  Investigation/Prosecution/Defense/Disposition – The Department of Justice is looking for some relief concerning sex offender expungements and the Adam Walsh Act. The language regarding expungements needs to be made clearer so that the Sex Offender Registry is the definitive answer. Probation Before Judgment (PBJ) is also a matter that needs to be cleared up.

4.  Adult Assessment/Treatment/Reentry/Supervision – The adult treatment draft has been sent to all DOC institutions for comments. Once this is completed the assessment and treatment plans will be discussed.

5.  Juvenile Assessment/Treatment/Reentry/Supervision – Juvenile Assessment and Treatment Principles1 to 10 have been sent out electronically. A draft of Principle 11 is being developed. Additionally, there will be a second training offer from CSOM and all are welcome to attend.

6.  Registration/Community Notification –Pre-1994 individuals were contacted by US Mail.

·  899 People were sent letters – results of the service:

o  350 letters were returned for address unknown,

o  274 letters not returned nor did the people come to SBI.

o  174 registered and waiting DOJ tier assignment

o  90 deemed not needing to register because of charge or other reasons (death, jail, etc.)

There was a discussion as to why the number of pre-94 sex offenders dropped from the original estimate of 3,500 to 900. DELJIS will present the categories deterred by DOJ and DELJIS for exclusion at next month’s meeting.

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The collection of DNA is an issue that needs to be address. SBI will be swabbing people as they come into to register. If people do not comply a court order will be sought. It is anticipated there are over 4,000 DNA samples to collect.

7.  Funding/Resources – no report.

Other Business:

A question was raised if there is still a need to pursue legislation for people challenging their tier to appear before the Board of Parole. This may still be necessary as there are still a number of people to be located

There was a discussion regarding how much community notification has been made concerning the pre-1994 registration requirements. There was a press conference on August 11th and other coverage in the paper was carried.

There was a discussion is Delaware was granted any 2nd Chance funding. The answer was “no” funding was granted.

All CAP reports need to be presented prior to the November meeting. They should be submitted to Ms. Tickle from each committee.

Ohio was the first state to be Adam Walsh compliant. The Attorney General would like to see Delaware in the top 5 to submit for compliance to the Smart Office.

Adjournment:

The SOMB meets the last Monday of each month at Legislative Hall in Dover, DE at 1:30pm. The next meeting is Monday, November 30, 2009. The meeting was adjourned at 3:00 p.m.

Respectfully submitted,

Peggy Bell