Post Conviction Sex Offender Polygraph Testing
The following testing techniques are the most common. The first three examinations listed are the most used tests. However, we have provided additional available testing techniques for your needs.
1. Full Disclosure Sexual History Polygraph Examination (SHE)
This test is for convicted sex offenders who are not in denial of their crime of conviction. The Full Disclosure Sexual History Examination should ideally be administered after the offender has been in treatment for a minimum of 90 days, but not more than six months. Upon starting sex offender treatment, the offender should immediately be provided with a Sexual History Questionnaire, Victim Form, and Victim Form Instruction Sheet, along with a brief explanation of the testing process.
The purpose of the Sexual History Polygraph Examination is to thoroughly investigate the offender’s lifetime history of sexually victimizing others, including the offender’s lifetime history of sexual deviancy, preoccupation, and compulsivity behaviors.
The second purpose of the Sexual History Examination is to focus on the offender’s sexual contact with underage persons, including all sexual contact with people under the age of consent when the offender was legally an adult, aged 18 or older.
This examination is only used for treatment and risk assessment. The therapist must review the questionnaire with the examinee to confirm both completeness and accuracy. One Victim Form must be completed for each Victim by definition. The therapist must then sign-off on the questionnaire where indicated.
2. Maintenance Polygraph Examinations (MPA)
The purpose of this test is to thoroughly investigate, either periodically or randomly, the offender’s compliance with any of the designated terms and conditions of probation and treatment rules. It is recommended that a Maintenance examination be administered every six months but no longer than every 12 months. Maintenance examinations should address a time of reference after the date of conviction or the previous examination, generally not to exceed one year or two years in rare circumstances.
The treatment provider and probation officer should consider the possible deterrent benefits of randomly scheduled maintenance exams for some offenders. Any of the terms and conditions of treatment or probation may be selected as examination targets. Investigative targets for Maintenance examinations should emphasize the development or verification of information that would add incremental validity to the early detection of an escalating level of threat to the community or potential victims.
Information developed as a Maintenance examination may be used by the probation officer or treatment provider to institute sanctions. Providing the information is re-confirmed by the therapist or probation officer with the offender. A copy of the conditions of probation is required before this test is administered.
3. Specific Issue Denial Test (Instant Offense – IO)
The purpose of this test is to address the offender who is in denial of their crime of conviction, or their admissions are significantly different from the court records. This test should be administered as soon as possible so the offender can take responsibility for their actions or identify the innocent person. Police or investigative reports to include any available victim statements are required before this test can be administered.
4. Instant Offense Investigative (IOI)
The containment team can use the Instant Offense Investigative (IOI) exam to test the limits of an examinee’s admitted behavior and search for other behaviors or offenses not included in the allegations made by the victim of the instant offense.
This examination should be completed before victim clarification or reunification. Test targets include the number of offenses against the victim, Invasive Offense Behaviors against the victim, Force or Violence, and other sexual behaviors towards the victim.
5. Prior Allegation Examination (PAE)
The containment team can use the Prior Allegation Exam (PAE) to investigate and resolve all prior alleged sex offenses (i.e., allegations made before the current conviction) before attempting to investigate and resolve an examinee’s history of unknown sexual offenses.
This exam should be considered identical in design and structure to the Instant Offense Exam. Except, the allegation details stem not from the present crime of conviction but an allegation before the conviction resulting in the current supervision and treatment. Regardless of whether or not the examinee was charged with the allegation.
6. Parental Risk Assessment (PRA)
The containment team can use the PRA Examination when the client is allowed reunification with children. This test is intended to assist with the team’s risk assessment by focusing on the client’s past sexual behavior with minors or specific sexual behavior towards their own children.
This examination can be utilized early in treatment if reunification is ordered, and there has not been enough time to complete a Full Disclosure Sexual History. If a Full Disclosure Sexual History has been completed, then there may not be a need for a PRA examination. The PRA examination should only be used when the above-noted criteria exist.
How to prepare for the polygraph
The goal of a polygraph or lie detector test is to determine whether a person is telling the truth or lying when answering a series of questions. Polygraphs are controversial because many people believe they are not reliable. Polygraphs are used by law enforcement agencies, some employers but are required by law for Sex Offenders. There are some steps you can take to prepare for a polygraph test. The best step you can take is to be prepared to tell the truth.
Schedule your appointment at the beginning of the day or right after lunch when you are still feeling fresh and alert. Do not schedule your appointment at the end of the day or at the end of the week, when you are feeling tired.
Get a good night’s sleep. Don’t stay up late watching television or reading. Get up on time in the morning to give yourself plenty of time to get ready without rushing.
Eat breakfast if your appointment is in the morning. Eat lunch if your appointment is in the afternoon.
Follow your normal routine. Drink coffee if you are a coffee drinker. Take any prescribed medications. Coffee and medications will not affect the results of your polygraph test.
Plan for an exam that will take about 2 hours. This includes pre-test preparation to ensure you are comfortable with the questions asked.
Know your legal rights. An examiner should not ask questions about the following areas during an exam: religious beliefs, opinions regarding racial matters, political beliefs or affiliations, affiliations with or lawful activities related to sexual preference or activities.
Jorge Fernandez Polygraph Services
P.O. Box 67
Lutz, FL 33548
Can polygraph results can be used in a probation revocation hearing
As to the question of weather polygraph results can be used in a probation revocation hearing – the answer is an emphatic no. “In a long line of cases, spanning almost thirty years, [the Supreme Court has] made clear that polygraph examinations are so thoroughly unreliable as to be of no proper evidentiary use whether they favor the accused, implicate the accused, or are agreed to by both parties.”
He still has to take the test, though. As the Court said in Turner, “We do not, … by this holding intend to impose any restrictions on the use of the polygraph as a tool in law enforcement or in the treatment, therapy, monitoring or evaluation of offenders, although those making use of such tests should be aware that the results will not be admissible in judicial proceedings. Any voluntary statements or admissions made by a person being tested remain admissible subject to the ordinary rules of evidence.”
In plain English – he has to take the polygraph, but the results cannot be used against him in court. His own statements, though, can be used. So if he admits to criminal activity – or any other activity which would be in violation of probation – he can and will be violated. He can also be violated for lying. So for example if he denies something before the polygraph, then denies again during the test, but they tell him he failed so he then changes his story, he can be violated on the basis that he wasn’t truthful. On the other hand if he denies before the test, denies during the test, and when they tell them he failed the test he still sticks to his story – there’s nothing they can do about it.
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