Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

1 DE Admin. Code 1100
The Sex Offender Management Board (SOMB), pursuant to 11 Del.C. §4120A(c)(8), proposes to revise its regulations. The proposed amendments, which were voted on in a General Meeting by the SOMB on April 30, 2018, seek to update, clarify and provide more detailed information regarding qualifications for Sex Offense Service Providers and the credentialing process.
The SOMB will allow for the submission of written comments, suggestions, or other materials regarding the proposed rules to the Criminal Justice Council Attn: Bridget V. Poulle, Carvel State Office Building, 10th Floor, 820 N French Street, Wilmington, Delaware 19801-3590 or e-mail BridgetV.Poulle@state.de.us. Any written submission in response to this notice and the relevant proposed regulations must be received by the Department of Safety and Homeland Security no later than 4:30 p.m. (EST) on October 31, 2018. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml.
The General Assembly hereby declares that the comprehensive evaluation, identification, classification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system is necessary in order to work toward the reduction of recidivism by such offenders. Therefore, the General Assembly hereby creates a Board which shall responsibility of the Sex Offender Management Board is to develop, and standardize, and maintain current standards in the field with regard to the evaluation, identification, classification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system so that such offenders will curtail recidivistic behavior and the protection of victims and potential victims will be enhanced. The General Assembly hereby recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the Board described in this section, the General Assembly does not intend to imply that all sex offenders can be successful in treatment. Further, the General Assembly mandates that each member agency as outlined below must act in accordance with the standards established by the Board. receive appropriate clinical services; which is both in their best interests as well as the interests of community safety. The following regulations outline the process by which Sex Offense Services Providers can be credentialed and their required qualifications.
Accountability” means accurate attributions of responsibility, without distortion, minimization, or denial.
Adult Standards” means the standards and guidelines established to evaluate, monitor, and treat adult convicted sex offenders. Section 1.0 establishes guidelines for pre-sentence investigations. Section 2.0 establishes standards for sex offense specific evaluations. Section 3.0 establishes standards of practice for treatment providers. Section 4.0 establishes the qualifications for both adult and juvenile treatment providers, evaluators, and polygraph examiners. Section 5.0 establishes standards and guidelines for management of sex offenders on probation, parole, and community corrections. Section 6.0 establishes standards of practice for post-conviction sex offender polygraph testing. Section 7.0 establishes guidelines for institutional treatment of sex offenders.
Assessment” means the collection of facts to draw conclusions which may suggest the proper course of action. Sometimes assessment and evaluation may be used interchangeably but assessment is on-going and includes an analysis of all data including a sex offense sex-offense specific evaluation.
ATSA code of ethics Code of Ethics” means the Association for Treatment of Sexual Abusers has published a code of ethics for those individuals involved in the evaluation and treatment of sexual offenders. Delaware Sex Offender Management Board approved providers must adhere to these ethics.
Behavior Monitoring” means a variety of methods for checking, regulating, and supervising the behavior of sex offenders
Case Management” means coordination and implementation of the activities directed towards supervising, treating, and managing the behavior of individual sex offenders offenders.
Clinical Experience” means activities directly related to providing evaluation and/or treatment to individual sex offenders. For example; face to face therapy, report writing, administration, scoring and interpretation of tests, participation on supervision teams, and clinical supervision of therapists treating sex offenders.
Community Supervision Team” means those individuals involved in the case management of a particular sex offender. The supervision team determines the best course of action to reduce risk while the sex offender is supervised in the community community.
Criminal Justice Sanction” means activities or action used to reduce the liberties of sex offenders under community supervision and the sentence of the Court or Board of Parole. Sanctions range from imposition of a curfew to incarceration for violation of probation/parole.
Denial” means in psychological terms, denial means a defense mechanism used to protect the ego from anxiety-producing information.
Developmental Disabilities” means chronic disabilities attributable to mental or physical impairments apparent before the age of 22. These disabilities tend to be life-long and result in substantial functional limitations in major life activities such as self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living and economic self-sufficiency.
Evaluation” means the systematic collection, analysis, and documentation of psychological, behavioral and social information. Sex-offense specific evaluation includes the above information as well as information related to sexual history, arousal patterns, sexual deviance, dysfunction, sexual attitudes and cognition, risk of sexual re-offense, and risk of failure in sex offense specific treatment and supervision.
Evidence-based practices” means approaches and interventions that have been scientifically tested in controlled studies and proven effective.
Guardian” means an individual who has legal authority to make decisions on behalf of another.
Informed Assent” means acquiesce or comply with specific terms or agreement. The use of "assent" in this document recognizes sex offenders are not voluntary clients and their choices are therefore limited.
Informed Consent” means voluntary agreement or approval to do something in compliance with a request.
Plethysmograph” means an electronic device used to measure variations in penile tumescence associated with sexual arousal. The tool is used in sex offender treatment to assist in determining deviant sexual arousal. There is a device that measures physiological changes for women as well.
Polygraph Exam” means an instrument that simultaneously records changes in physiological processes such as heartbeat, blood pressure, and respiration, often used to detect deception. There are three types of post-conviction polygraph tests commonly administered to sex offenders: Specific Issue Examination, Disclosure or Sexual History Examination, and Maintenance Examination.
Provider List” means a list published by the SOMB of individual treatment providers, evaluators, and polygraph examiners who meet the criteria set forth by the Standards.
Risk assessment Assessment” means the process by which an evaluator, treatment provider, supervision officer, or pre-sentence officer determines to determine risk for sexual re-offense through the best current practices in the field. Appropriate risk assessment includes a review of all pertinent data, behavioral observations, physiological testing, and use of formal risk assessment tools.
Sex Offendermeans as used in 11 Del.C. §4120A(b)(2) and §4121(a)(4) means any person who has ever been convicted of an offense as defined in 11 Del.C. §761 and §4121(a)(4), or of any attempt or conspiracy to commit any of the aforementioned offenses. Convictions shall include adjudications of delinquency and persons who enter a plea of guilty, or are found guilty but mentally ill, or not guilty by reason of insanity.
"Sex Offense Service Provider" means a person who conducts sex offense-specific treatment or evaluations with individuals who have engaged in sexually problematic behavior according the standards and guidelines of this document.
Sex offense-specific Offense-Specific Treatment” means a long term comprehensive set of planned therapeutic experiences and interventions to change sexually abusive thoughts and behaviors. Such treatment specifically addresses the occurrence and dynamics of sexually deviant behavior and utilizes specific strategies to promote change. Sex offense-specific programming focuses on the concrete details of the actual sexual behavior, fantasies, arousal, planning, denial, and rationalizations. The primary treatment modality for sex offense specific treatment is group therapy. Other treatment modalities may be used in conjunction with group therapy.
Sexual Paraphilias/Sexual Deviance” means a subclass of sexual disorders in which the essential features are "recurrent intense sexually arousing fantasies, sexual urges, or behaviors generally involving (1) nonhuman objects, (2) suffering and humiliation of oneself or one's partner, or (3) children or other non-consenting persons that occur over a period of at least six months and cause clinically significant distress in one or more important areas of functioning.
SOMB” means the Delaware Sex Offender Management Board Board.
Supervision Officer” means the Probation or Parole officer assigned to monitor the sex offender while they are serving a sentence in the community.
Supervision Plan” means a plan developed by the supervision officer in conjunction with the treatment team which outlines specific measurable goals related to success in supervision and reduction in recidivism.
Treatment Provider” means a person who provides sex offense-specific treatment to sex offenders according the Standards and Guidelines of this document.
3.0 Qualifications of Treatment Providers and Evaluators Sex Offense Service Providers
3.1 There are distinct clinical functions within the levels of Full Operating and Associate Level Providers. The following sections outline qualifications for Treatment Providers, and Evaluators Sex Offense Service Providers.
3.2 Treatment Provider Sex Offense Service Provider- Full Operating Level. A Full Operating Level Treatment provider may treat sex offenders without supervision and may supervise Associate Level Treatment Providers. To qualify to provide sex offender treatment at the Full Operating Level be credentialed as a Sex Offense Service Provider with the SOMB, an individual must meet all the following criteria:
3.2.1 The individual shall have a minimum of a Masters Degree in a behavioral science related field field. and shall have completed within the past five (5) years a minimum of two thousand (2000) hours of clinical experience specifically in the areas of evaluation and treatment of sex offenders, at least half of which shall have been face-to-face therapy with adult convicted sex offenders or adjudicated juvenile offenders depending on the population you service (see definition of clinical experience); or
3.2.2 The individual shall have attained the underlying credential of licensure or certification and be in good standing as a physician, psychologist, clinical social worker, professional counselor, marriage and family therapist, or clinical psychiatric nurse specialist; and
3.2.3 The individual shall have completed within the past five (5) years a minimum of one thousand (1000) hours of clinical experience specifically in the areas of either evaluation and or treatment, or both, of sex offenders, at least half three hundred fifty (350) of which shall have been face-to-face therapy clinical experience with adult convicted sex offenders, or adjudicated juvenile offenders depending on the population you service (see definition of clinical experience). Such clinical experience may have been obtained while seeking licensure or after obtaining licensure, but if it was obtained in part or in full after licensure, it is subject to the same requirements for supervision as required for Treatment Providers under these Standards.
3.2.4 The individual shall have had at least eighty (80) fifty (50) hours of documented training specifically related to either evaluation and or treatment methods, or both, described in Sections subsections 2.10, 3.4, and 3.5 of the Adult Standards within the last five (5) years. The individual must demonstrate a balanced training, with fifty (50) of the hours coming from the subject areas listed as sex offense specific training and thirty (30) hours coming from the general topic areas as described below. Twelve (12) of the required fifty (50) hours shall be specific to developmental disabilities, Fifteen (15) hours of required thirty (30) general topic training hours must be in the area of victimology. Training shall be specific to the population you serve.
3.2.4.1 Sex offense specific training (at least 50 hours required from these areas):
3.2.4.1.21 Philosophy and principles of the Sex Offender Management Board SOMB
3.2.7 Provide satisfactory references as requested by the Sex Offender Management Board SOMB. The Sex Offender Management Board SOMB may also solicit such additional references as necessary to determine compliance with the Standards. The references shall include other members of the community supervision team.
3.2.143.2.11 Continued Placement on the Provider List. Treatment providers Renewal of credential for Sex Offense Service Providers. Providers must apply for continued placement on the list every two (2) years by the date provided by the Board. Requirements are as follows:
3.2.14.13.2.11.1 The Full Operating Level Treatment Provider Credentialed providers must demonstrate continued compliance with the standards.
3.2.14.23.2.11.2 The individual shall accumulate a minimum of six three hundred (600) (300) hours of clinical experience every two years, three hundred (300) one hundred fifty (150) hours of which shall be face-to-face therapy clinical services with adult convicted sex offenders or adjudicated juvenile offenders depending on the population you service adults or juveniles who have engaged in sexually inappropriate/illegal behavior.
3.2.14.43.2.11.3 Treatment Providers Sex Offense Service Providers shall complete a minimum of forty (45) twenty (20) hours of continuing education every three two (2) years in order to maintain proficiency in the field of sex offender treatment and to remain current on any developments in the assessment, treatment, and monitoring of sex offenders. Thirty-five (35) hours shall come from the subject areas listed as sex offense specific training, six (6) of the thirty-five (35) hours shall be specific to developmental disabilities, ten (10) hours coming from the general topic areas, as described in Section 4.1 of the Adult Standards. Four (4) of the 10 hours of training in the general topic areas shall be in the area of victimology. Training shall be specific to the population you serve.
3.2.14.4.13.2.11.3.1 To receive credit for training not identified on this list, it is incumbent on the trainee to write a justification demonstrating relevance to sex offender assessment/treatment/management as described in these standards.
3.2.14.53.2.11.4 Provide satisfactory references as requested by the Sex Offender Management Board SOMB. The Sex Offender Management Board SOMB may also solicit such additional references as necessary to determine compliance with the Standards. The references shall may include other members of the community supervision team.
3.2.14.63.2.11.5 The individual shall never have been convicted of, plead no contest to, or received a deferred judgment for any offense involving criminal sexual or violent behavior, or a felony that would bring into question the competence or integrity of he the individual to provide sex offense specific treatment or evaluation.
3.2.14.73.2.11.6 At their own expense, the individual will complete an entire criminal history check including Federal information pursuant to the Federal Bureau of Investigation appropriation of Title 11 of Public Law 92-544 (28 U.S.C. 534). The individual will submit to fingerprinting as part of this process. The criminal history check will occur within 90 days of submitting the application to the SOMB.
3.2.14.83.2.11.7 Report any practice that is in significant conflict with the Standards.
3.3 Treatment Provider- Associate Level. An Associate Level Treatment Provider may treat sex offenders under the supervision of a Full Operating Level Treatment Provider under these standards. To qualify to provide sex offender treatment at the Associate Level an individual must meet all the following criteria: Exceptions to qualifications of Sex Offense Service Providers
3.3.1 The individual shall have a baccalaureate degree or above in a behavioral science. A Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior may apply to the SOMB and be credentialed as an entity as Sex Offender Service Providers.
10.1.3 Failure to comply with 1 DE Admin. Code 1100 or the standards adopted by the SOMB.
11.1 If the Credentialing Subcommittee of the SOMB determines that there has been a violation of 1 DE Admin. Code 1100 or the standards adopted by the SOMB, then it may impose any of the following sanction(s), singularly or in combination:
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov