Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families, and Advance Personal and Family Recovery and Resiliency.

Rick Scott, GovernorEsther Jacobo, Interim Secretary

The following document presents preliminary data concerning recidivism rates of sex offenders civilly committed or reviewed for civil commitment under chapter 394, part V, Florida Statutes, and later released. No part of this study has been published, submitted for publication, or in any way peer reviewed by qualified clinicians or researchers as to its methodology, conclusions, or interpretations.

The Department does not consider the statistical data presented in this document to provide a basis for guiding clinical judgment in sex offender risk assessments, and does not support applying this data in such manner.

Groups of recommended offenders later released

• Offenders released from prison (most without a petition filed or with petition dropped before a probable cause finding by the court). (“prison releases”)

• Offenders released from FCCC while still detainees (never committed). Petitions dropped after probable cause finding but before trial, or the inmate was not committed at trial. (“detainees”)

• Offenders released as no longer meeting commitment criteria (including those reaching Phase IV and determined to have achieved Maximum Therapeutic Benefit). (NLM or “no longer meets”)

• Offenders released as detainees on Settlement (or stipulation) Agreements (conditional release). (S/A or “settlement agreements”)

2

Involuntary Civil Commitment of Sexually Violent Predator Act

Sexually Violent Predator (statutory definition):

• Convicted of at least one sexually violent offense

• Suffers from a mental abnormality or personality disorder

• The abnormality makes the person likely to engage in sexual violence.

• The person is likely if not confined. 3

Release Times• Offenders released from commitment (NLM) have not been released nearly as

long as other groups. They are also the oldest at release and have the lowest average Static score.

• Proportionally, prison releases have been out the longest, were the youngest at release, and have the highest average score.

• 27% NLM have been released over 5 years (51% for 3 or less yrs.) Average Age = 49.7. Average 99R score = 4.5

• 45% settlement agreements out 5+ yrs. (21% for 3 or less years) Average Age = 46.3. Avg. 99R score = 5.0

• 66% detainees out 5+ yrs. (17% for 3 or less years) Average Age = 45.4. Avg. 99R score = 5.1

• 86% prison releases out 5+ yrs. (7% for 3 or less years) Average Age = 42. Avg. 99R score = 5.3 4

Comparison of released offendersFelony Sex Offense Conviction: FSCAny Felony Charge, sexually motivated offense (include conviction): FChAny Sex Charge (w / victim): ASCAge = Average Age at Release (e.g. for detainees: release from FCCC)Average Static-99R scores computed from original Static-99 scores

NLM = 100; IV = 39; S/A = 161; Detainee = 366; Prison = 83

NLM IV S/A Detainee PrisonFSC: 3% 0.0% 3.1% 6.6% 10.8%FCh: 4% 2.6% 6.8% 8.7% 15.7% ASC: 7% 5.1% 6.8% 10.7% 16.9%99R: 4.5 4.9 5.0 5.1 5.3Age: 49.7 48.4 46.3 45.4 42.0

Max Benefit: Avg. 99R = 4.4; Avg. Age = 48.2; FC/ASC = 12.5%

NLM: 27% released 5+ yrs. IV: 28% S/A: 45% Det.: 66% Pris.: 86% 5

• Individuals never released by the referring agency (e.g. NGI, PPRD, Florida DC due to loss of gain time or new offense)

• Individuals who upon release were confined elsewhere– DJJ to DC– DC to jail and back to DC (e.g., pseudo-recidivism)– DC/DJJ/NGI to FCCC– DC/FCCC to federal prison/ out of the country or out of state prison and

unable to determine release date

• Deported or Deceased at time of release from DC or FCCC

• One female

Sample (excluded)

6

• All males (The one female was excluded)• 710 individuals

– Average Age at time of release=45.8 years• Range 18-93• Median age= 45.6

Sample

7

19%

13%55%

13%

Age Distribution18-34 35-3940-5960+

• Other demographics:– Race

• 60% White• 39% Black• 1% Hispanic*• .1% Asian/Pacific Islander

*Might be an underestimate based on the coding of race

Sample

8

60%39%

1% 0%

Race Distribution

WhiteBlackHispanicAsian/P.I.

Source InformationTo determine if an individual was released or had a new sex offense,

information was gathered from the following sources:

• Florida Department of Corrections website

• Department of Corrections in other states, as appropriate

• Clerk of Courts Information System

• Sex Offender Registries - federal and state

• Internet

• SVPP records

9

Results

71 reoffenses consisted of:• 32 Felony Sex Offense Convictions• 9 Felony Sexually Motivated Convictions• 5 Misdemeanor Convictions• 19 Felony Charges (i.e., pending, acquitted,

nolle prossed)• 6 Misdemeanor Charges

10

Groups

The sample of recommended offenders who were released was divided into four groups:

10+ years (release dates more than 10 years prior to date of review)

n=170

5+ to 10 years (release dates from over 5 up to 10 years prior to review) n=251

3+ to 5 years (release dates from over 3 up to 5 years prior to review)

n=134

0 to 3 years (release dates from 2/28/13 and up to 3 years prior to review) n=15511

Sexual Reoffenses by GroupALL REOFFENSES (charges and convictions)

Group n= F SO CN

F SM CN

MM CN

F Charge

MM Charge

Total Recidivism Rate

0-3 155 2 0 1 3 0 6 4%

3-5 134 2 0 1 8 3 14 10%

5-10 251 17 4 2 5 2 30 12%

10+ 170 11 5 1 3 1 21 12%

TOTAL 710 32 9 5 19 6 71 10%

12

Reoffenses by GroupCONVICTIONS ONLY

Group n= F SO CN F SM CN MM CN

Total Recidivism Rate

0-3 155 2 0 1 3 2%

3-5 134 2 0 1 3 2%

5-10 251 17 4 2 23 9%

10+ 170 11 5 1 17 10%

TOTAL 710 32 9 5 46 7%

13

Reoffenses by GroupFELONY CONVICTIONS ONLY

Group n= F SO CN F SM CN Total Recidivism Rate

0-3 155 2 0 2 1%

3-5 134 2 0 2 2%

5-10 251 17 4 21 8%

10+ 170 11 5 16 9%

TOTAL 710 32 9 41 6%

14

Comparison to Static 99/99R rates

• Static-99:

• Scores 6+ (n = 129): 39%; 45%; 52% (5,10,15 yrs.).• Score 5 (n = 100): 33%; 38%; 40% (5,10,15 yrs.).

• Static-99R (High Risk/Need):

• Score 6: 31.2%; 41.9% (estimated rates; 5, 10 yrs.).• Score 5: 25.2%; 35.5% (estimated rates; 5, 10 yrs.).• Score 4: 20.1%; 29.6% (estimated rates; 5, 10 yrs.).

15

Static-99R

• Routine Group:• Score 6: 14.7% (estimated rate for 5 years follow-up• Score 5: 11.4%

• Preselected for Treatment Group:• Score 6: 20.2%; 27.6% (5, 10 yrs.).• Score 5: 15.9%; 22.6%

• Non-Routine Group:• Score 6: 24.7%; 33.4%• Score 5: 19.6%; 27.7%

16

Comparison of Recidivism Rates by Group

Group 0-3n=155

3-5n=134

5-10n=251

10+n=170

Total SampleN=710

All Offenses

4% 10% 12% 12% 10%

All Convictions

2% 2% 9% 10% 7%

Felony Convictions

1% 2% 8% 9% 6%

17

Reoffenses by Age at Release(Total and Convictions)

Age(at release)

n= F SO CN

F SM CN

MM CN

F Charge

MM Charge

Total Recidivism Rate

Total CN

Recidivism Rate

CN Only

18-29 75 3 0 0 1 0 4 5% 3 4%

30-39 147 13 4 1 7 0 25 17% 18 12%

40-49 245 11 5 4 6 6 32 13% 20 8%

50-59 149 5 0 0 4 0 9 6% 5 3%

60+ 94 0 0 0 1 0 1 1% 0 0%TOTAL 710 32 9 5 19 6 71 10% 46 6%

18

Age at Release andType of Reoffense(mean=45.8 years)

18-29 30-39 40-49 50-59 60+0

5

10

15

20

25

30

Contact Non-ContactUnknown

19

Main Categories of Offenses

Contact

Rape

Known Victim

Stranger Victim

Child Molestatio

n

Known Victim

Stranger Victim

Compliant Victim

20

Main Categories of Offenses

Non-Contact

ExposureChild

Pornography

21

Categories of Offenses

Contact Offense

Rape or Attempt (s-tranger) n=16Rape or Attempt (known victim) n=10Child Molestation (no penetration) n=12Child Molestation (pene-tration) n=8Child Molestation (compliant) n= 3

22

Categories of Offenses

Non-Contact Offense

Exposure, Child n=5Exposure, Adult n=6Child Pornography n=2Other n=2

23

Offenses with Child Victims

– 26 Individuals reoffended with children (37% of all reoffenses; 3.7% of recommended offenders)

• 18 were convicted (16 F CN and 2 MM CN)

• 5 were not convicted (Nolle Prossed, Acquitted, Dropped, No Info Filed)

• 3 of the reoffenses are Pending

24

Offenses with Child Victims, cont..

– Average Age (at time of offense) of individuals who reoffended with children = 44.6

• Range = 22 to 63• Median = 45

25

18-29

30-39

40-49

50-59

60+02468

10

# of Recidivists

# of Recidivists

Offenses with Child Victims, cont..

– Release Date:• 0-3 = 2 (8%)• 3-5 = 3 (16%)• 5-10 = 13 (50%)• 10+ = 8 (31%)

– Contact Offenses:• n=20 (77% of all offenses with child victims)

– 14 were Convicted

– Non-Contact Offenses:• n=6 (23% of all offenses with child victims)

– 4 were Convicted

26

Offenses with Child Victims, cont..– Contact Offenses:

• 8 Offenses included penetration (11% of all reoffenses; 1.1% of recommended offenders)

– 0 Stranger Victims– 0 Offenses with physical violence– 3 Offenses with threat of physical violence– 4 Offenses with coercion/intimidation– 5 Offenses were convicted (1 NP, 1 Acquitted, 1

Pending)– Average Age of offender = 44.9– Youngest victims were 6 year old male and 7 year old

female

27

Offenses with Child Victims, cont..– Contact Offenses:

• 12 Offenses included contact without penetration [i.e., fondling] (17% of all reoffenses; 1.6% of recommended offenders who were released)

– 4 Stranger Victims (0.6% of recommended offenders)– 1 Offense included possible physical violence (this charge

was No Info Filed)– 0 Offenses with threat of physical violence– 2 Offenses with restraint of victim– 2 Offenses with coercion/intimidation– 9 Offenses were convicted (1 Dropped, 1 No Info Filed, 1

Pending)– Average Age of offender = 47.5– Youngest victim was 3 year old male

28

Offenses with Child Victims, cont..– Non-Contact Offenses:

• 6 Offenses included no contact or intent for contact (8% of all reoffenses)

– 5 offenses were exposures– 1 offense was stalking– 4 Stranger Victims– 0 Offenses included physical violence/threat of physical

violence/restraint– 1 Offense included coercion/intimidation– 4 Offenses were convicted (1 NP, 1 Pending)– Average Age of offender = 35.8 (median 37)– Youngest victim was 5 year old female

29

Offenses with Adult Victims

– 40 Individuals reoffended with adults (56% of all reoffenses; 5.6% of recommended offenders who were released)

• 24 were convicted (22 F CN and 2 MM CN)

• 11 were not convicted (Nolle Prossed, Acquitted, Dropped, No Info Filed)

• 5 of the reoffenses are Pending

30

Offenses with Adult Victims, cont..

– Average Age (at time of offense) of individuals who reoffended with adults = 43.2

• Range = 30 to 66• Median = 43

31

18-29

30-39

40-49

50-59

60+05

101520

# of Recidivists

# of Recidivists

Offenses with Adult Victims, cont..

– Release Date:• 0-3 = 4 (10%)• 3-5 = 11 (28%)• 5-10 = 12 (30%)• 10+ = 13 (33%)

– Contact Offenses:• n=33 (83% of all offenses with adult victims; 4.6% of recommended

offenders who were released)– 22 were Convicted

– Non-Contact Offenses:• n=7 (17% of all offenses with child victims)

– 2 were Convicted

32

Offenses with Adult Victims, cont..– Contact Offenses:

• 16 Offenses included rape or attempted rape of a stranger victim (23% of total reoffenses; 2.3% of recommended offenders)

– 12 Offenses with physical violence*– 4 Offenses with threat of physical violence– 13 Offenses were convicted (3 Pending)– Average Age of offender = 42 (median 41)– 5 Offenses with teenage victims (age 15-17)

*One offense included murder of victim

33

Offenses with Adult Victims, cont..– Contact Offenses, cont..:

• 10 Offenses included rape or attempted rape of a known victim (14% of total reoffenses; 1.4% of recommended offenders)

– 4 Offenses were Domestic Violence (1 convicted)– 9 Offenses with physical violence*– 1 Offense with possible threat of physical violence and

restraint– 6 Offenses were convicted (2 Dropped, 1 NP, 1 Pending)– Average Age of offender = 42.2 (median 40)– 2 Offenses with teenage victims (age 14 and 17)

*One offense included murder of victim

34

Offenses with Adult Victims, cont..– Contact Offenses, cont..:

• 7 Offenses were contact offenses without penetration(10% of total reoffenses)

– 3 Offenses involved stranger victims– 2 Offenses with physical violence– 3 Offenses were convicted (2 NP, 1 Dropped, 1 Pending)– Average Age of offender = 47 (median 48)– 3 Offenses with teenage victims (age 15-16)

35

Offenses with Adult Victims, cont..– Non-Contact Offenses:

• 7 Offenses included no contact or intent for contact (10% of all reoffenses)

– 6 offenses were exposures– 1 offense was stalking– 2 Stranger victims, 2 possible stranger victims– 0 Offenses included physical violence/threat of physical

violence/restraint/coercion/intimidation– 2 Offenses were convicted (2 NP, 2 Acquitted, 1 Not

Filed)– Average Age of offender = 42.8 (median 44)– 1 Offense with teenage victim (age 14), and 3 offenses

with possible teenage or adult victims (ages unknown)

36

Reoffenses by Type of Offense and Age at Release (charges and convictions)

Age(at release)

n= CONTACT OFFENSE

Rate RAPE Rate CONTACT OFFENSE AGAINST CHILD

Rate

18-29 75 2 3% 2 3% 0 0%

30-39 147 20 14% 12 8% 5 3%

40-49 245 22 9% 11 4% 10 4%

50-59 149 8 5% 1 1% 4 3%

60+ 94 1 1% 0 0% 0 0%TOTAL 710 53 7% 26 4% 19 3%

37

Reoffenses by Type of Offense and Age at Release (convictions only)

Age(at release)

n= CONTACT OFFENSE

Rate RAPE Rate CONTACT OFFENSE AGAINST CHILD

Rate

18-29 75 1 1% 1 1% 0 0%

30-39 147 15 10% 10 7% 3 2%

40-49 245 16 7% 8 3% 7 3%

50-59 149 4 3% 0 0% 4 3%

60+ 94 0 0% 0 0% 0 0%TOTAL 710 36 5% 19 3% 14 2%

38

Rates for Contact Offenses and Non-Contact Offenses by Offender Age

Age n= C.O. (all)

Rate C.O. (cn)

Rate N.C. (all) Rate N.C. (cn) Rate

18-29 75 2 3% 1 1% 1 1% 1 1%

30-39 147 20 14% 15 10% 4 3% 3 2%

40-49 245 22 9% 16 7% 9 4% 3 1%

50-59 149 8 5% 4 3% 1 1% 1 1%

60+ 94 1 1% 0 0% 0 0% 0 0%

TOTAL 710 53 7% 36 5% 15 2% 8 1%

39

C.O. = Contact OffenseN.C. = Non-Contact Offense

Rates for Rapes and Contact Offenses against Children by Offender Age

Age n= Rape (all)

Rate Rape (cn)

Rate C.O. Child (all)

Rate C.O. Child(cn)

Rate

18-29 75 2 3% 1 1% 0 0% 0 0%

30-39 147 12 8% 10 7% 5 3% 3 2%

40-49 245 11 4% 8 3% 10 4% 7 3%

50-59 149 1 1% 0 0% 4 3% 4 3%

60+ 94 0 0% 0 0% 0 0% 0 0%

TOTAL 710 26 4% 19 3% 19 3% 14 2%

40

C.O. Child = Contact Offense against Child

Paraphilia NOS Paraphilia NOS (qualifiers not recorded; whole sample): 0-3 year group: 3/75 (4%) have a new rape charge3+ - 5 year group: 2/73 (2.7%) have a new rape charge5+ -10 year group: 7/122 (5.7%) have a new rape charge10+ year group: 6/45 (13.3%) have a new rape charge

Paraphilia NOS:0-3 yr.: 5 / 75 (6.7%) have any new sex charge (sex motivation)3+ - 5 yr.: 7 / 73 (9.6%) have any new charge (sex mot.)5+ - 10 yr.: 18 / 122 (14.8%) have any new charge (sex mot.)10+ yr.: 9 / 45 (20%) have any new charge (sex motivation)

10+ group: 2 offenders 50-59 with new rape charge1 offender age 40-49 with new rape charge0 offenders age 60 or more. [Others (3) in their 30s.]

41

Pedophilia

Pedophilia (or Pedophilia + Paraphilia NOS) (whole sample):

0-3 year: 2/61 (3.3%) with new child contact charge3+ - 5 year: 0/46 (0%) with new child contact charge5+ - 10 year: 3/56 (5.4%) with new child contact charge10+ year: 1/37 (2.7%) with new child contact charge

Pedophilia:

0-3 yr.: 2/61 (3.3%) any new sex charge (sexual motivation)3+ - 5 yr.: 3/46 (6.5%) any new charge (sex mot.)5+ - 10 yr.: 5/56 (8.9%) any new charge (sex mot.)10+ yr.: 3/37 (8.1%) any new charge (sex mot.)

42

Breakdown into Categories of Recommended Offenders Later Released

• Offenders Recommended but Released as FCCC detainees without commitment (no Settlement Agreement): N = 366

• Offenders Recommended but Released from Prison: N = 83 (no commitment; never went to FCCC) 4 had Settlement Agreements but were included here.

• Offenders Recommended and Committed but later released as no longer meeting criteria: N = 100

• Offenders Recommended but released per Settlement Agreements (from FCCC): N = 161

(Two S/A offenders are also No Longer Meets and included in that category only.)

43

Recommended Offenders Released Without Commitment

7.3% (total) obtained a new conviction related to a sexually motivated felony offense (33 / 449)

10% obtained a new charge for anything sexual (45 / 449)

5.3% of released FCCC detainees obtained a new conviction (24 / 366). 8.7% of detainees obtained a new felony charge (32 / 366) 10.7% of detainees obtained any new sex charge (39 / 366)[10+: 110; 5-10: 130; 3-5: 62; 0-3: 64.]

10.8% of recommended offenders released from prison obtained a new conviction for a sexually motivated felony (9 / 83)

15.7% have a new felony charge (13 / 83)16.9% have any new sex charge (14 / 83)[10+: 37; 5-10: 34; 3-5: 6; 0-3: 6. Only 12 have been out 5 years or less

44

Paraphilia NOS vs. Pedophilia in Never Committed Offenders

• Paraphilia NOS (with or without Sexual Sadism)• 202 Never Committed offenders with Paraphilia NOS

and/or Sexual Sadism (196 NOS; 6 Sexual Sadism only.)

• Rates of New Charges for Rape related offenses:• 10+ year group: 3.4% with at least a new charge for a

rape related offense (5 / 147) 4.8% any sex charge.• 5+ - 10 year group: 3.0% (5 / 164) 9.8% any sex charge.• 3+ - 5 year group: 2.9% (2 / 68) 5.9% any sex charge.• 0 – 3 year group: 0% 2.9% any charge (2 / 70)

45

Pedophilia in Never Committed Offenders

• 119 never committed offenders have a Pedophilia diagnosis (with or without Paraphilia NOS too).

• 10+ year group: 2.9% have a new charge related to child molestation (1 / 34). 8.8% have any charge (3 / 34)

• 5+ - 10 group: 2.6% new child molestation charge (1/38) 5.3% have any sex charge (2 / 38)• 3+ - 5 group: 0% with new molestation charge 11% have any new sex charge (2 / 18)• 0 – 3 group: 6.9% with new molestation charge or any

new sex charge (2 / 29)

46

Committed Offenders Released as No Longer Meeting Criteria

• 100 offenders released from commitment status as no longer meeting criteria. (Two have Settlement Agreements.)

• 3% have a new felony conviction related to a sexually motivated offense (3/100)

• 4% have at least a new felony charge related to a sexually motivated felony (4/100)

• 7% have any new sex charge (w / victim) (7/100)

47

Time since release• Offenders released from commitment (NLM) have not been released as

long as offenders with settlement agreements, released detainees, or offenders released from prison. Their percentages might rise somewhat by the time they match the release periods of the other groups.

• Proportionally, prison releases have been out the longest

• 27% NLM have been released over 5 years (51% for 3 or less yrs.)• 45% settlement agreements (21% for 3 or less years)• 66% detainees (17% for 3 or less years)• 86% prison releases (7% for 3 or less years)

NLM Settlement Agree. Detainees Prison 10+: 7 16 110 37 5-10: 20 67 130 34 3-5: 22 44 62 6 0-3: 51 34 64 6

48

No Longer Meets Releases

• 10+ group: 0% felony sex convictions (0 / 0) • 5+ - 10 group: 5% felony sex convictions

(1 / 20)• 3+ - 5 group: 4.5% felony sex convictions

(1 / 22)• 0 – 3 group: 2% felony sex convictions

(1 / 51)

49

Phase IV releases• Phase IV releases: 2.6% with new felony charges (2 / 39)• Phase IV (no max benefit): 0% (0 / 23)• Phase IV Maximum Benefit: 12.5% (same 2 as above / 16)For the Max Benefit group: One offender with a misdemeanor

battery charge pending (child contact). A second offender with a felony charge related to an alleged rape of known victim; domestic violence (nolle prossed)

Phase IV group breakdown:• 10+ group: 0• 5+ - 10 group: 11 (Max. Benefit = 4)• 3+ - 5 group: 19 (Max. Benefit = 13)• 0 – 3 group: 9 (in our study) 4 on FCCC release list that we

have yet to examine. (Max. Benefit = 6)• 22.8% released more than 5 years

50

Settlement Agreements• 3.1% of S/A offenders have a new felony sex offense

conviction (5 / 161) [8 more were just found; no felony sex offense convictions. 3.0% if these are included. One of these was for child pornography possession.

• 6.8% have a new felony charge related to a sexually motivated offense (11 / 161)

• 6.8% have any new sex charge (w / victim) (11 / 161)

• S/A offenders with Paraphilia NOS:• 5.3% have a new charge for a rape related offense (4 / 75)• 9.3% have any new sex charge (7 / 75)

• S/A offenders with Pedophilia:• 2.2% have a new child molestation charge (1 / 45)• 2.2% have any new sex charge (1 / 45) 51

Static-99R & Age• Entire sample:

• Average Age (710) = 45.8 (Median: 45.6) Range: 18-93

• Avg. Age for Reoffenders (71) = 41.6 (Median: 42.1)• Avg. Age for the others (396) = 46.3 (Median: 46.2)

• Average Static-99R (415) = 5.1 (Median: 5.0)

• Avg. 99R for Reoffenders (51) = 5.7 (Median: 6.0)• Avg. 99R for others (364) = 5.0 (Median: 5.0)

52