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Probation, Parole & Supervision Having problems (or need info) with Probation, Parole or Community Corrections & Supervision?? Lets talk about it here.

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Old 06-27-2018, 09:44 AM
Grace57 Grace57 is offline
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Default Need advice about parole

Hi,
This is my first post and first time with a loved one going through the system. I frequently visit this site. It has been a HUGE help in knowing what to expect. My loved one has served 14 months of a 5yr sentence for a class D felony, sex offense in Iowa. He completed 9 Mo of treament prior to incarceration with a therapist that specializes in sexual deviance, offenses etc (he has worked with the civilly committed offenders and is known and respected in his line of work, my LO’s lawyer recommended him) My LO was denied parole first time up, which was expected. He filed a reconsideration in October and the judge requested a progress report and since then he’s heard nothing on that. (His counselor is a wretched women and unfortunately he received her instead of the other counselor who actually wants to help and has a heart) He is not due to be reviewed again until Jan. My LO’s dad has been actively calling the parole board and had a meeting with them already last week. The head of the board was not present at that meeting. Yesterday he touched based in a phone call with the head of the board and they set up a time to meet. Going into a meeting like that gives my LO hope. (I do not have much hope left because the system sucks, his counselor hates everyone and never fails to remind him what an awful person he is, and he’s just an inmate # and a file folder to all of these people, they don’t know him. I stay positive for my LO and I don’t say that to him.)... Is it possible for him to get an earlier review then Jan? When his dad meets with this guy what things should he focus on? Any advice would be greatly appreciated.
Also he has not completed sotp inside, they wait until shortly before your release date to get you into the class, although people with more time have completed it which makes no sense to “waiting until closer to release”...this seems to be a hang up even though he had Successfully completed treatment prior (I know it has to be a state accredited sotp or recognized by the state how do you go about getting it recognized?) another question is where do the people go for treatment that get probation? (This therapist!!) If they are holding him inside to complete sotp and he has already been through treatment prior will they recognize this therapist/treatment as sufficient/completed if the therapist sends them his credentials and such or is he just screwed and stuck to have to complete it inside?
He also has a job inside working with special needs inmates, no disciplinary issues etc...he’s a model inmate.
Anyways, thank you for taking the time to read and reply. Any advice is greatly appreciated.

Last edited by Grace57; 06-27-2018 at 10:11 AM.. Reason: Editing to include state. IOWA
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Old 06-27-2018, 11:17 AM
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As to the stop - he needs to do the one inside. They use the revelations there and his effort there to determine his risk level for reporting, and to determine if he needs to be civilly committed. Don't worry, he probably won't be referred for civil commitment. Yes, I know that you think it's redundant, and it probably is from a personal perspective. But the purpose of doing treatment before conviction and the purpose of doing treatment in prison are very different. Treatment after arrest but before conviction is to show the court that you are aware that what you did was wrong and are taking active steps to make sure it never happens again by addressing the issues that led to the offense(s). Hopefully the judge gives you a shorter sentence as a result. The purpose of treatment in prison is to help with risk assessment, find the people who need to be civilly committed, and determine how ready a person is for parole (people who don't take the stuff seriously aren't ready for parole and are at a higher risk for offense, etc, etc, etc).

I deal at the trial side, not the parole side, so I really can't speak to anything other than treatment. And he's going to have to do treatment on the inside. One caveat - once he starts treatment, he should complete that treatment. Failure to complete treatment for whatever reason, including parole, is considered a treatment failure and a treatment failure ups his risk of civil commitment. While it's doubtful he's going to be referred now, should he have a subsequent sex offense, it could push him over should he have a subsequent conviction.
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Old 06-27-2018, 12:47 PM
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The answers to your questions are specific to the Iowa prisons and parole board, which I know nothing about. His Dad may be able to get answers during his next scheduled meeting with the board.

If he is able, or required to enroll in SOTP on parole, in addition to or instead of completing it while he is still locked up, his PO will either direct him to a specific program, or give him a list of acceptable ones to choose from. If he is ordered to attend a program that is run by a hater, who sees every SO as incorrigible, he will have to do the best he can. If he has a choice, then he can try to find a program that is fair.

My federal PO gave me a list of the necessary qualifications for a therapist, and allowed to find my own. The cost differences were significant so I was also able to save money by my choice. Only indigent probationers received financial help for the mandatory treatment.
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Old 06-27-2018, 03:28 PM
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Quote:
Originally Posted by yourself View Post
As to the stop - he needs to do the one inside. They use the revelations there and his effort there to determine his risk level for reporting, and to determine if he needs to be civilly committed. Don't worry, he probably won't be referred for civil commitment. Yes, I know that you think it's redundant, and it probably is from a personal perspective. But the purpose of doing treatment before conviction and the purpose of doing treatment in prison are very different. Treatment after arrest but before conviction is to show the court that you are aware that what you did was wrong and are taking active steps to make sure it never happens again by addressing the issues that led to the offense(s). Hopefully the judge gives you a shorter sentence as a result. The purpose of treatment in prison is to help with risk assessment, find the people who need to be civilly committed, and determine how ready a person is for parole (people who don't take the stuff seriously aren't ready for parole and are at a higher risk for offense, etc, etc, etc).

I deal at the trial side, not the parole side, so I really can't speak to anything other than treatment. And he's going to have to do treatment on the inside. One caveat - once he starts treatment, he should complete that treatment. Failure to complete treatment for whatever reason, including parole, is considered a treatment failure and a treatment failure ups his risk of civil commitment. While it's doubtful he's going to be referred now, should he have a subsequent sex offense, it could push him over should he have a subsequent conviction.
Thank you for the reply. His offense is 709.15 pattern. He is required to take the Sotp. The other people with the same offense that received probation have to take it somewhere? He had a crappy lawyer that didnít want to get on the county attorneys bad side. Itís unfortunate but itís also in the past. Hes looked at the bigger picture. Heís had no prior offenses. He has a strong support system at home and is very willing to do whatever it takes to prove himself. He has changed and I can attest to that! He has all the required things in order when heís released...he will never see the inside of a cell again. Stupid mistake and he lost everything for it...what doesnít kill you makes you stronger, wiser and a better person.
..Who decides who gets to take the program? The offenders counselor? Can the BOP request him to get into it? I feel like the DOC gives you the run around with no answers...why are there guys serving 20 yrs and been through sotp? It makes no sense. Frustrating to say the least.
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Old 06-27-2018, 04:54 PM
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Why are there guys who hVr been sentenced to 20 years or longer who've already taken stop? Because the law is not stagnant, nor are the people subject to the sotp requirement. Between the Adam Walsh Act and every other law that comes down the pike for sex offenders, the number of sex offenders in every state has increased dramatically. Further, the programs have changed as has their availability. iowa, for instance, has had a hard time in recent years paying for the programming necessary to treat people. They can't even provide enough guards in Anamosa, and they aren't paid much of anything. Do you think they can currently pay the counselor's necessary for sotp and other programs? They cost more.

20'years ago, fewer people had to take the programs, there was more money available for the programs, and as a result, there were not the queues there are now.

The sex offenders on probation or parole take stop through approved therapists, including required group therapy. As with those people on the inside, they are informed at the outset that the rules of confidentiality are different, and the information the counselor gleans from the treatment will be used to assess risk and can be used in the prosecution of crimes.

Who decides who gets to take the program? A lot of factors go into it. Part of it is his crime - since he's not a straight up pedophile or child pornographer, he's in a smaller bracket of people who need the program by crime. Further, as legisaltors cut more and more from the corrections budget because that's what tax payers want, it does boil down to tax payers dictating how big that queue gets. Oh, and inside sotp counselors are generally not the best paid, attracting people who are not necessarily the best. Further, those who are young and inexperienced usually jump to the next best job opportunity to come along, usually right around when board endorsements and licenses are issued by the state. A sotp counselor leaving in the middle of the program sets the entire group back.

And, as voters have elected legislators who have increased the number of crimes that require sotp, that queue just gets deeper and deeper.

And if I had a nickel for everybody who posted about how bad their attorney was, I'd be very well off. It's a good thing my skin is marginally thick or I would respond to your slight, probably about somebody I know, a lot more negatively. I've worked privately in something like 8 counties in Iowa (I really should count again....)
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Old 06-27-2018, 04:55 PM
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SOTP in federal prison is completely voluntary. Every SO goes through a risk assessment, SOMP, but that is the only thing that is required.

The main problem with the bop's residential treatment program was (and probably still is) that it targeted participants for civil commitment at the conclusion of their prison sentences by using coercion. The federal public defender's office in North Carolina defended most of the folks sent to Butner's CC prison. They won many more cases than the ones where the court agreed with the bop's decisions, and warned that SOTP was what it turned out to be, a trap. Here is a link to a number of articles that were published in USA Today about the bop's SOTP.
http://usatoday30.usatoday.com/news/...ned/53621210/1

Another consideration in federal cases is that the US Probation Office completely ignores anything either before, or during the bop prison sentence. I like to think that is because they know how worthless the bop SOTP is, but since they also ignore pre-sentencing treatment conducted by certified medical professionals, I decided that the reason they require additional treatment during supervised release is because they can.
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Old 06-27-2018, 07:05 PM
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Quote:
Originally Posted by fbopnomore View Post
SOTP in federal prison is completely voluntary. Every SO goes through a risk assessment, SOMP, but that is the only thing that is required.

The main problem with the bop's residential treatment program was (and probably still is) that it targeted participants for civil commitment at the conclusion of their prison sentences by using coercion. The federal public defender's office in North Carolina defended most of the folks sent to Butner's CC prison. They won many more cases than the ones where the court agreed with the bop's decisions, and warned that SOTP was what it turned out to be, a trap. Here is a link to a number of articles that were published in USA Today about the bop's SOTP.
http://usatoday30.usatoday.com/news/...ned/53621210/1

Another consideration in federal cases is that the US Probation Office completely ignores anything either before, or during the bop prison sentence. I like to think that is because they know how worthless the bop SOTP is, but since they also ignore pre-sentencing treatment conducted by certified medical professionals, I decided that the reason they require additional treatment during supervised release is because they can.
Iowa, not Fed. bOP in this context is the parole board. In Iowa, it's pretty much mandatory to do sotp.
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Old 06-28-2018, 02:10 AM
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In Iowa, it's pretty much mandatory to do sotp.
Only if you want parole though, right?

Or do they have mandatory post-release control there in Iowa, even if you refuse to program and choose to top your prison sentence out instead?
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