Massachusetts Attorneys at SORB Hearings - How to Effectively Defend Your Client
Posted by Joseph Doherty on Thu, Apr 21, 2011 @ 06:19 AM
Your client, an adjudicated sex offender, has a hearing before the Sex Offender Registry Board (SORB). The Board has given him a classification and he is challenging it, wanting to be classified lower.
Here are a few things you should know:
- At the time your client was classified SORB may not have had all the material on him. This would be especially true if he was recently released from prison, in that he would not have been evaluated and probably would not have been in treatment.
- SORB uses instruments that have not been shown to have any validity.
How You Should Prepare:
- If your client has not received a psychosexual evaluation have him take one.
- The STATIC-2002, a validated instrument that estimates risk to re-offend, should be a part of the evaluation. If his risk his low or moderate you can argue for a lower classification.
- If your client has issues with alcohol and/or drugs have him receive a substance abuse evaluation and have him be in treatment. Then you can tell SORB he is addressing his problem(s).
- Make sure you know his IQ. (A good psychosexual evaluation includes cognitive testing). If his IQ falls in the 50-70 range he is mildly retarded. This raises the issue of competency and his need for special sex offender treatment that is appropriate for him.
- Coach your client!! Make sure he can articulate the factors involved in his offense, i.e. financial stress, illness, not having a good support network, etc. The LAST thing the Board wants to hear from him is that "it was an accident." An "accident" is when you tip over a glass - not the behavior he is being classified for!
Photo: Talhilse
