The ES special conditions report should clearly set out the offender's risks and the rationale for the recommendations for special conditions that are designed to mitigate the offender's risks.
To write the report, use the ES special conditions report template available on Corrnet. The report contains the following sections:
- sources of information
- current situation
- response to parole/release on conditions (ROC)
- identified high risk factors
- accommodation (including consideration of EM/PTP)
- employment and constructive activities
- relationships/community support
- victim issues
- programmes
- summary, and
- proposed special conditions.
What information to include under each of these sections is detailed below.
Sources of information
Include:
- documents, reports, file information, and
- people consulted or interviewed during the interview and enquiry process.
Current situation
Include details of current sentence, including special conditions.
Response to parole/ROC
Include:
- start and finish dates of current and/or previous community-based sentences, and
- a brief summary of compliance with standard and special conditions, attitude, and progress.
Identified high risk factors
Include:
- a brief list of the dynamic risk factors identified in the health assessor's report (make reference to the health assessor's report for more detail)
- other known high risk situations from offence chains and other psychological reports
- offender's attitude to risk and ability to manage own risk and identify emotions/behaviour/thinking that could lead to high risk situations, and
- anything in the offender's attitude or behaviour of concern which is not mentioned in the psychologist's report.
Accommodation
Include:
- details of the residence:
- physical address
- proximity to schools, pre-schools, etc.
- proximity to playgrounds/parks, public swimming pools, churches
- thoroughfares or residences with young families, shared driveways or facilities, and other places frequented by children
- proximity to victims
- proximity to counselling/support services and availability of transport to these
- any evidence of children under 16 residing at the address
- visitors, e.g. children, antisocial associates
- whether the neighbours are aware of the offending, and
- community reaction known or likely
- details of any co-occupants:
- names
- relationship to offender
- any relationship to victim/s or children who might visit
- knowledge of offender's offence history, risk factors, high risk situations and safety planning strategies
- any evidence of colluding type behaviours or attitudes, and
- alcohol and/or drug use
- whether any agencies such as the police, CYF, mental health teams, etc. have deemed the address suitable/unsuitable
- assessment of the risks presented by the accommodation
- statement as to the suitability of the accommodation, and
- any strategies in place to mitigate risks (e.g. offender safety plan, monitoring by co-occupants, neighbour notification, proposed special conditions).
If no suitable accommodation has yet been arranged, then give details of the actions being taken by CPPS and any other agencies to secure suitable accommodation.
EM/PTP
In the accommodation section of the report, also include a subsection on EM (and PTP if that was considered).
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If…
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then include in the report…
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EM was not considered appropriate
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how the offender does not meet the EM criteria.
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EM was considered and approved
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how the offender meets the EM criteria and the specific times and days of the restriction.
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EM was considered and not approved
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that EM was considered but was not deemed appropriate and briefly state why.
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EM and PTP were considered and approved
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- how the offender meets the EM and PTP criteria, and
- the details of the PTP service provider, services and costs.
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EM and PTP were considered and not approved
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that EM and PTP were considered but were not deemed appropriate and briefly state why.
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Employment and constructive activities
Include:
- current or potential employment or training or structured activities, including hours and physical location
- whether employer is aware of offending history
- any comments from current or potential employer or coordinator of structured activities
- any comment or action being taken by other agencies, e.g. Work and Income
- any risk factors identified around work or activity, e.g. similarity to offending context, alcohol and drug issues
- any potential contact with children under 16
- whether route to work or activity should be subject to specific direction, and
- how employment/training/activity could be monitored or catered for if offender is on EM.
Relationships/community support
Include details of family/whanau, significant others, other non-professional and professional support people, including:
- relationship to offender and length of time known
- comment/feedback from significant others regarding offender's behaviour, attitude, emotions etc.
- any evidence of collusive behaviours/attitudes
- support offered, supervision/contact time available
- understanding of safety issues and ability to monitor offender's compliance with safety plan/strategies, and
- relationship of any of these people to the victim/s.
Victim issues
Victim issues Include:
- whether the offender is on the VNR, and any relevant information from the VNR coordinator
- offender's attitude towards the victim/s
- level of insight into harm caused and the potential for harm of further offending, and
- relevant information on any family connection to the victim/s.
Note: Do not name the victim in the report and do not include information that could give the offender knowledge of whereabouts of victim(s).
Reference: Volume 4, Part I, Chapter 10, Victim Notification System.
Programmes
If it is necessary, include:
- known response to programmes/treatment.
- motivation for any programmes/treatment.
- any proposal for programmes/treatment. This must:
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- be specifically linked to identified risks
- contain a clear rationale, and
- be discussed with and approved by the relevant psychologist prior to submission of the draft report.
- the start times and duration of any proposed programmes/treatment.
Important: Costs of external programmes/counselling need to be considered and necessary funding sought before any proposal is made.
Guidelines for psychological intervention
General rule: Psychological intervention is inappropriate for ES offenders because ES is primarily a monitoring, not intervention, regime and any treatment/counselling should have already commenced or been completed during the prior sentence.
Exceptions: The following table sets out:
- the categories of offenders for whom conditions for sessions with a Department of Corrections psychologist may be appropriate, and
- what the psychologist's role will be.
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Category
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Psychologist's Role
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- Short-term index sentence (under 2 years), and
- no previous treatment for child sex offending.
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Individual sessions.
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- Offender has previously had treatment, and
- relapse prevention safety plan needs updating.
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Up to four sessions for a safety plan update only.
Note: The safety plan should be completed, if possible, whilst in prison or on release conditions for the previous sentence.
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Previous refusal to engage in intervention but now motivated.
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High risk, high profile offenders on intensive regimes such as EM, PTP, or residential programmes.
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High risk, high profile offenders on intensive regimes such as EM, PTP, or residential programmes.
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- Individual sessions, and
- coordination, oversight and advisory role. This involves liaison with CPPS and other agencies, and does not require a specific special condition.
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- Parole condition for psychological treatment/counselling, and
- condition was set in consultation with psychologist and has not been completed.
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Continue the intervention until complete.
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Notes:
- Sex offenders are not eligible for rehabilitative programmes.
- Special conditions for psychiatric intervention will usually be restricted to the high risk, high profile category.
Guidelines for medication
This section may also include reference to managing any prescribed medication the offender is required to take to manage libido or mental health issues. If an offender is subject to a special condition that requires the offender to take prescription medication, the offender does not breach his or her conditions if he or she withdraws consent to take this medication.
Summary
Include a brief summary of:
- risk factors and proposals to mitigate these
- the key sections of the report (accommodation, employment, supports, programme proposals)
- attitude of offender and particular concerns around management, and
- if applicable, proposed regime and rationale for EM or PTP.
Proposed special conditions
Include:
- list of proposed special conditions (see the next topic for the recommended wording of ES special conditions), and
- the length of time the special conditions are recommended to apply for. This may need to be specified individually for certain conditions, e.g. PTP, programmes and treatment conditions.
