New Hampshire Code of Administrative Rules
Cor - Commissioner, Department of Corrections
Chapter Cor 500 - STANDARDS FOR HEALTH, MEDICAL, AND BEHAVIORAL HEALTH CARE IN CORRECTIONS FACILITIES
Part Cor 505 - BEHAVIORAL HEALTH SERVICES
Section Cor 505.03 - Assessment
Current through Register No. 12, March 21, 2024
(a) All sexual offenders who have sexually related charges or whose crime had a sexual element shall be offered an opportunity for screening and assessment for SOTS.
(b) The initial assessment shall be an overall psychosocial evaluation and sexual risk assessment evaluation to review the resident's general social history, the static and dynamic risk factors present, and the resident's overall motivation and appropriateness for SOTS.
(c) Assessments shall focus on, but not limited to:
(d) Residents identified during their initial classification evaluation as being in need of sexual offender treatment shall receive an additional assessment conducted by SOTS staff at least 3 years prior to their minimum parole date. If a resident is incarcerated with less than 2 years to his or her minimum parole date, the individual shall be placed on the assessment waiting list according to their minimum parole date and shall be seen as soon as their name comes up.
(e) SOTS staff shall utilize a nationally recognized assessment tool for general recidivism use among general male offenders and their criminal history.
(f) SOTS staff shall conduct a comprehensive psychological profile of female residents and their criminal history. SOTS for women shall consist of open-ended treatment length based on individualized treatment plans (ITPs).
(g) Upon completion of the assessment, the resident shall be provided with the results and recommendations of the assessment including the treatment in which he or she is being recommended to participate.
(h) SOTS shall utilize different forms of polygraph or other validated technology for assessments.
(i) A polygraph or other validated truth or deception technology shall be utilized in SOTS for the purpose of full disclosure of the resident's range of sexual behavior. A polygraph or other truth or deception technology shall also be utilized as a therapeutic tool in specific issues exams when it is determined to be clinically indicated to further a resident's treatment progress.
(j) All participants of SOTS shall undergo a full disclosure polygraph to ascertain their full spectrum of sexual offender.
(k) If results of the polygraph indicate no deception, the participant, shall continue in treatment with no delays.
(l) If results of the polygraph are deceptive or inconclusive, the participant shall be offered another opportunity within the standards for timelines of polygraph administration to obtain a truthful or no deception result. During the wait for the 2nd polygraph, the clinician shall work with the participant to review any inconsistencies and explore their distortions.
(m) If the second polygraph is inconclusive, the participant shall continue in SOTS with the polygraph result highlighted in their summary of completion.
(n) If the second polygraph exam indicates deception, then the participant shall be reassessed and their treatment plan adjusted accordingly.
(o) If the outcome of any polygraph or other validated deception technology is inconclusive or deceptive, a resident shall be referred for another polygraph or validated deception technology evaluation.
(p) The polygraph and
other validated technology shall be administered in a controlled setting and in
collaboration with SOTS staff. The procedures shall be in accordance with the
Standards of Practice (2017) of the American Polygraph Association,
http://www.polygraph.org/
apa-bylaws-and-standards, and the ethical standards and principles for use of
physiological measurements and polygraph examinations of the Association for
the Treatment of Sexual Abusers (ATSA), Professional Code of Ethics 2017,
(q) The evaluating clinician shall complete a record review that shall include, but not be limited to, police records, victim statements, criminal history, and any other clinical evaluations as available including but not limited to behavioral health screening and substance abuse assessments as available.
(r) The clinician shall document in the electronic health record and the electronic client record treatment recommendations for each resident.
(s) The assessment shall be utilized to develop an appropriate ITP.
(t) If a sexual offender declines the SOTS assessment, it shall be noted that the resident is not interested in treatment and the assessment has not been completed. The resident's decision to decline treatment shall be documented in the electronic health record and the CORIS. Residents shall sign a waiver of responsibility showing that he or she are declining services at this time.
(u) If the sexual offender changes his or her decision and makes a request for assessment, he or she shall be placed at the end of the assessment waiting list at the time of his or her request and processed according to that current list with no special consideration to their minimum parole date due to their initial refusal of assessment and treatment.
(v) After evaluation of the resident's need, the outcome shall be sent to the resident in writing indicating the recommended treatment needs. A reclassification evaluation shall be conducted, and the sexual offender shall be placed on the waiting list, if applicable, or placed immediately into treatment if space permits.
