DAR File No. 40039

Corrections, Administration

Rule R251-109

Sex Offender Treatment Providers

Notice of Proposed Rule

(Amendment)

DAR File No.: 40039
Filed: 12/30/2015 07:49:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment to this rule is to update the standards and qualifications required for the provision of sex offender treatment to offenders in the custody of the Utah Department of Corrections.

Summary of the rule or change:

This amendment clarifies treatment provider standards and requirements, i.e., years to renew treatment provider status, number of hours of direct clinical experience to be an approved treatment provider to include number of hours of evaluation experience, and number of hours of sex offender treatment. The number of continuing education is 20 hours every 2 years. Failure to reapply every two years shall result in the provider being removed from the approved provider list. An appeal process is added if the provider is removed from the approved list. The program requirements for offenders are included. The notification to offenders and Adult Probation and Parole of the offender status are included as well.

State statutory or constitutional authorization for this rule:

• Section 64-13-25

Anticipated cost or savings to:

the state budget:

The new rule actually decreases the hours of specific training/education required.

local governments:

The new rule actually decreases the hours of specific training/education required.

small businesses:

The amendments to the rule modify already existing minimum standards and program requirements for therapists providing treatment to sex offenders under the jurisdiction of the Department of Corrections. To the extent that the treatment is being provided by one or more therapists from a small business, the Department of Corrections does not anticipate that the costs to such small businesses will be affected by the changes to this rule. Many of the changes serve only to clarify the rule. In addition, the amendments are not substantial changes and do not alter the already existing minimum standards and program requirements in a way that is likely to significantly increase costs to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to the rule modify already existing minimum standards and program requirements for therapists providing treatment to sex offenders under the jurisdiction of the Department of Corrections. The Department of Corrections does not anticipate that the costs to such therapists will be affected by the changes to this rule. Many of the changes serve only to clarify the rule. In addition, the amendments are not substantial changes and do not alter the already existing minimum standards and program requirements in a way that is likely to significantly increase costs to therapists.

Compliance costs for affected persons:

The new requirements actually decreases the hours of specific training/education required.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department of Corrections does not anticipate that the changes to this rule will have a fiscal impact on businesses, given the limited changes that were made.

Rollin Cook, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549

Direct questions regarding this rule to:

• Steven Turley at the above address, by phone at 801-545-5633, by FAX at 801-545-5726, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/16/2016

This rule may become effective on:

02/25/2016

Authorized by:

Rollin Cook, Executive Director

R251. Corrections, Administration.

R251-109. Sex Offender Treatment Providers.

R251-109-1. Authority and Purpose.

(1) This rule is authorized by Sections 63G-3-201, 64-13-10, 64-13-25, and 76-5-406.5, of the Utah Code.

(2) The purpose of the rule is to define the criteria and guidelines for the minimum standards, application and approval process, and program requirements for sex offender treatment providers.

 

R251-109-2. Definitions.

(1) "Approved provider status" means status as a provider for sex offender services through the Utah Department of Corrections.

(2) "Affiliate approval" means approval of a professional who does not meet experience requirements and is seeking to become approved as a provider.

(3) "Direct clinical experience" means face-to-face contact with patients/clients, direct supervision, training, case coordination and research.

(4) "Program" is the specific services as listed in the R251-109-6, pertaining to the program requirements each clinician is providing to UDC clientele with a sex offense charge.

([4]5) "Formal training" means education and/or supervised experience in the required field; may be provided at an accredited college or university or at seminars or conferences.

([5]6) "[Full disclosure]Disclosure" means the [complete ]discussion during treatment of [all ]previous adjudicated and unadjudicated sexual offenses.

([6]7) "Provider" means a therapist who has been approved by the Department to provide services to sex offenders under the jurisdiction of the Utah Department of Corrections.

([7]8) "Provider supervision" means one hour of supervision for every 40 hours of direct client contact with a minimum of one hour supervision per month.

([8]9) "Screening committee" means group of Department of Corrections employees assigned to screen and approve applications from providers to provide sex offender treatment.

([9]10) "Transition program" means program designed to help offenders move from residential to non-residential treatment; also to help them move from intensive to progressively less intensive treatment.

([10]11) "UDC" means Utah Department of Corrections.

 

R251-109-3. Provider Standards and Requirements.

It is the policy of the Department that:

(1) all potential providers of sex offender treatment shall be screened by the screening committee to ensure they meet the specific established standards and qualifications for providers of sex offender treatment, as found in R251-109-6;

(2) providers [shall have a basic requirement that full ], shall require disclosure of all criminal sexual behavior by the offender [is]as a basic requirement for successful completion of therapy;

(3) approved providers must reapply to UDC every [three ]two years to renew their approved provider status;

(4) providers shall have a current Utah license to practice therapy in a mental health profession , as listed in the Mental Health Practice Act,58-60-102 which shall include:

(a) psychiatry;

(b) psychology;

(c) social work; mental health counselor or

(d) marriage and family therapy;

(5) providers' education shall include:

(a) a master's or doctorate degree from a fully accredited college or university in:

(i) social work; mental health counseling

(ii) psychology; or

(b) a medical doctor if board certified/eligible psychiatrist; or

(c) a doctor of osteopathy if board certified/eligible psychiatrist;

(6) within [four ]two years immediately preceding application for approval, the provider shall have at least [2]1,000 hours of direct clinical experience in sex offender treatment, which include s:

(a) at least [500 ]180 hours of sex offender evaluation experience; and

(b) at least 1,000 hours of sex offender treatment experience;

(7) within [three ]two years immediately preceding application, the provider shall have received at least [40 ]20 hours of sex offender specific formal training , 26 total hours of professional training;

(8) licensed professionals and professionals in graduate training and/or post graduate residency who do not meet the experience and training requirements may apply to UDC for affiliate approval;

(9) affiliate approval shall require that the applicant arrange for ongoing provider supervision of therapy by an approved provider;

(10) affiliates may provide services as part of a degree program leading to licensure;

(11) required training may be obtained through[approved]:

(a) documented conferences;

(b) symposia;

(c) seminars; or

(d) other course work;

(12) the training shall be directly related to the treatment and evaluation of sex offenders;

(13) the training may include:

(a) behavioral/cognitive methods;

(b) reconditioning and relapse prevention;

(c) use of plethysmograph examinations;

(d) use of polygraph examinations;

(e) group therapy;

(f) individual therapy;

(g) sexual dysfunction;

(h) victimology;

(i) couples and family therapy;

(j) risk assessment;

(k) sexual addiction;

(l) sexual deviancy; and

(m) ethics and professional standards;

(14) prior to and during approval, all providers must agree to abide by reporting and other requirements established by UDC and the laws and statutes of the state of Utah;

(15) reporting requirements shall include the offender's:

(a) progress in therapy;

(b) prognosis; and

(c) risk to the community; and

(16) failure to comply with reporting requirements may result in a provider being removed from the approved list.

 

R251-109-4. Application Process.

(1) All individuals providing services are required to be approved.

(2) Each applicant shall provide all of the required documentation to UDC at the time of submission. If not, the packet shall be returned to the provider.

(3) Individuals or affiliates who are supervised by an approved individual or agency may begin providing services pending approval once UDC receives their application packet.

(4) Reapplication shall include:

(a) documentation demonstrating continuing education and training in sex offender specific treatment of not less than [forty]twenty hours every [three]two years;

(b) current licensure with the state of Utah;

(c) hours of therapy/supervision per year provided; and

(d) information on any changes in modality of treatment.

(5) Failure to reapply every two years shall result in the provider being removed from the approved provider list.

 

R251-109-5. Approval Process.

(1) It is the policy of UDC that all therapists providing services to sex offenders under the jurisdiction of UDC shall have been reviewed and approved by the screening committee.

(2) Approval may be suspended by either the provider or UDC.

(3) A provider shall be removed from the list of approved providers by written request to UDC.

(4) UDC may suspend approval for:

(a) failure to reapply;

(b) failure to comply with provider protocol;

(c) suspension of clinical licensure;

(d) failure to meet provider standards; or

(e) criminal conviction; or

(f) other legitimate penological reasons as determined by the division director.

(5) Providers who are not approved may appeal that decision to the screening committee within thirty days of denial.

(6) Appeals must contain specific documentation of why the denial was inaccurate.

(a) Providers who are not approved may appeal that decision to the SOTF administration/disciplinary (screening) committee. Should this not be viewed as acceptable, the provider or affiliate may instead appeal to the UDC director of Institutional Programming.

(b) Appeals must contain specific documentation of why the denial was inaccurate and or additional documentation to address concerns that resulted in the denial.

(c) The administration/disciplinary committee should review the appeal and respond within 30 days.

 

R251-109-6. Program Requirements.

(1) It is the policy of UDC that each provider meets certain accepted standards for treatment of sex offenders.

(2) Treatment programs for sexual offenders convicted of crimes against persons shall have the following intake components available:

(a) complete psycho-sexual evaluation, to include:

(i) sex offender specific testing;

(ii) assessment of personality and intelligence using research validated testing [instruments recognized in the treatment community as valid tools](ie. MMPI, WRAT-4); and

(iii) penile plethysmograph testing, with stimuli which conforms to state statute, for male offenders arousal patterns and establish baselines

(iv) and polygraph examinations for female offenders to determine accountability for sexual offense history[arousal patterns and establish baselines].

(b) screening shall include the following co-occuring issues: mental health history, physical health concerns, other criminal behaviors/legal issues, substance abuse, financial, employment, familial issues, and social support network.

(3) Polygraph examination shall be used for [male ]offenders when deemed appropriate by the provider and/or UDC staff , examples includes sexual history, deception about criminal behavior.

(4) Following assessment, the provider shall submit a written report to UDC staff including:

(a) findings of testing including specifics on offender's risk to community safety;

(b) the offender's suitability for treatment;

(c) a proposed treatment plan; and

(d) the cost to the offender.

(5) The [standard treatment]level of services shall include:

(a) sex offender groups;

(b) individual therapy;

(c) psycho-educational classes;

(d) ongoing transition program; and

(e) a minimum of one monthly progress report to UDC staff.

(6) An intensive treatment program shall be available which includes:

(a) two weekly sex offender group sessions;

(b) individual weekly session;

(c) psycho-educational classes;

(d) on-going transition program; and

(e) a minimum of one monthly progress report to UDC staff.

(7) Intensive treatment shall be conducted on a minimum of three different days per week, based upon risk and clinical judgment.

(8) When treatment is terminated unsuccessfully, the provider shall:

(a) notify UDC staff prior to termination; and

(b) provide notification of discharge from treatment, as a minimum, verbally to AP&P prior to notifying the offender of his or her status.

(c) provide notification by the provider to the supervising agent within 72 hours of unsuccessful termination; a phone call is sufficient for this.

(d) provide written notification (email, fax or letter) [a written report ]to the [UDC staff]supervising agent within [seven ]five business days of [termination] offender's discharge, addressing:

(i) reason for termination;

(ii) progress of the offender to date;

(iii) prognosis of the offender; and

(iv) the offender's risk to community.

(9) When treatment is terminated successfully, the provider shall:

(a) notify UDC staff of the recommendation to terminate therapy; and

(b) provide a written report to UDC staff addressing:

(i) issues addressed in therapy;

(ii) the offender's compliance with the treatment plan;

(iii) progress made by the offender;

(iv) prognosis of the offender;

(v) additional services need to address factors, such as continuing care, support network, employment, mental health issues, substance use issues, etc.; and

([v]vi) results of a current (less than 90 days old), if appropriate, plethysmograph or polygraph , unless prior optimal results deem the requirement as not required.

(10) As requested, the provider shall submit written reports to UDC, courts and the Board of Pardons and Parole, as applicable.

(11) With reasonable notification, therapists shall appear in court or before the Board of Pardons and Parole as needed.

 

KEY: mental health, corrections, treatment providers, sex offender treatment

Date of Enactment or Last Substantive Amendment: [April 5, 1996]2016

Notice of Continuation: July 23, 2015

Authorizing, and Implemented or Interpreted Law: 64-13-10