Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:200 - Comprehensive sex offender presentence evaluation procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.550-17.991
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.554(2) requires the
				Sex Offender Risk Assessment Advisory Board to establish a comprehensive sex
				offender presentence evaluation procedure for court-ordered evaluations of sex
				offenders. KRS 17.564(1) authorizes the board to promulgate administrative
				regulations necessary to carry into effect the purposes of KRS 17.500 to 17.580
				and 17.991. This administrative regulation establishes the evaluation procedure
				to ensure the quality of court-order comprehensive sex offender presentence
				evaluations.
Section 1. Definitions.
(1) "Amenability to treatment" means the
			 offender is free from intellectual disability or psychological disturbance that
			 would prevent the offender from engaging meaningfully in sex offender treatment
			 and he is at least minimally able to participate in the treatment
			 process.
(2) "Appropriate setting"
			 means a secure institutional setting or a community-based setting.
(3) "Approved provider" is defined by KRS 17.550(3).
(4) "Board" is defined
			 by KRS 17.550(1).
(5) "Clinically
			 adjusted" means a change in the risk level recommendation based on compelling
			 evidence which indicates to an approved provider that the probability of
			 recidivism ranges are inappropriate for a sex offender, such as a risk factor
			 being in an acute phase of severity.
(6) "Comprehensive sex offender presentence
			 evaluation" means a comprehensive mental health evaluation by an approved
			 provider that includes a focus on the clinical data necessary to address the
			 four (4) areas of assessment listed in KRS 17.554(2).
(7) "Evidence based standards of care" means
			 standards and practices that:
(a) Are based on
			 the best available clinical scientific research or evidence for treatment of
			 sex offenders;
(b) Take into
			 account the offender's current clinical state and factors that may influence
			 treatment gain; and
(c) Are
			 generally accepted by reasonable providers within the sex offender treatment
			 field.
(8) "Nature of
			 required sex offender treatment" means the treatment management issues
			 including recommendations for the focus of treatment, special treatment
			 considerations, further evaluation, and restrictions to minimize the risk of
			 recidivism.
(9) "Responsivity
			 factors" means factors that impact an offender's ability to begin, engage in,
			 and complete treatment and can interfere with the ability of the offender to
			 respond to treatment.
(10) "Risk of
			 recommitting a sex crime" means a designation of high or not high risk based on
			 the finding of the instrument used or other clinically relevant data that
			 suggests sexual reoffense is more likely than not.
(11) "Sex offender" is defined by KRS 17.550(2).
(12) "Stages of change"
			 means the change process occurs gradually over time and includes levels or
			 stages as follows:
(a) Precontemplation, in
			 which the individual does not intend to make a change in the
			 behavior;
(b) Contemplation, in
			 which the individual has an awareness of the problem and may consider the
			 pluses and minuses of change;
(c)
			 Preparation, in which the individual intends to take action within one (1)
			 month and may make small behavioral changes;
(d) Action, in which the individual modifies
			 the problem behavior for one (1) to six (6) months; and
(e) Maintenance, in which the behavior change
			 extends from six (6) months and the individual works to prevent
			 relapse.