The Clinton County Department of Probation/ATI has a dedicated, specialized unit to address the supervision of sexual offenders remaining in the community on a term of probation.  Two officers manage a total of approximately seventy offenders sentenced to probation for sexually offending behavior.  Of these seventy offenders, approximately thirty-five percent have committed felony-level crimes and approximately sixty-five percent are misdemeanor offenses.

Specialized probation terms have been structured to restrict contact with children in the community for those having offended against children. Mandatory offender counseling to address sexually offending behavior is required.  We are fortunate in Clinton County to have available a variety of treatment/educational options.  Those sentenced to participation in the EVEN-SAFER Program as a disposition of their crime participate in a treatment group weekly for four and a half years.  An alternative treatment program is available through the Clinton County Department of Probation Department/ATI with assessment and treatment services provided by a counselor specializing in the treatment of offenders.  This is a relapse prevention program designed to restructure inappropriate sexual behavior.  A third program facilitated through the Clinton County Department of Probation/ATI offers education to young men ages 16 to 25 who have offended against underage females.  This is entitled the Responsible Men’s Group, dealing with the male role in society, healthy relationships, and men’s health issues.

Other aspects of intensive probation supervision for sexual offenders require the probationer to submit to quarterly polygraphs three times per year at their expense to validate their compliance with their terms and conditions of probation and continued lawful conduct in the community.  These polygraphs are arranged by the Probation Department, the results are monitored, and any failures are reported to the sentencing Court.

In addition to supervision of those individuals sentenced to a term of probation, the Probation Officers conduct investigations and prepare Court ordered reports required prior to the disposition of the case.  These investigations allow the probation officer to recommend specific specialized probation terms to the Court based on the offender’s behavior and conviction charge.  This option allows the Probation Department to provide more structured supervision of the offender within the community.  Random home visits and frequent collateral contacts are paramount with this population.  Another important aspect of this investigation process is determining the risk level and submitting the appropriate forms to the Court for those offenders who qualify to be registered with the New York State Sex Offender Registry.  This department is responsible for submitting the completed Sex Offender Registry forms to Albany for their computer database and to ensure that the offenders comply with the stipulations of the Sex Offender Registry.

Adolescents who have committed a sexual act with criminal intent and have been legally charged and convicted of a crime can be considered for inclusion in the Responsible Men’s Group as a term and condition of probation.  They will be supervised by a probation officer, who will oversee their probation terms, including education regarding inappropriate sexual activity.

This is a 10-week educational program which is facilitated by a Health Educator from Northern Adirondack Planned Parenthood and a Probation Officer from the Clinton County Department of Probation/ATI.  A satisfactory program completion will be based on attendance, participation in group discussion, and completion of any homework assignments.

When young men are aware of the laws regarding sexual consent, the likelihood of lawful behavior increases.  When faced with sexual opportunity, they think about the consequences and choose not to make sexual mistakes.  Other adolescents, who know the rules of sexual consent, may have the same desire as the acting-out adolescent, but change the way in which they think so that they can feel reasonably comfortable.  These thought processes, called "criminal thinking," can manipulate the facts so that offenders who use these thinking errors can justify their behaviors.

Through the Responsible Men’s Group, the hope is to correct these errors in thinking, thus preventing future acting-out and offending behavior.  This program of education is directed at a population, generally ranging in age from 16 to 25.

The following is criteria for admission to the Responsible Men’s Group:

The defendant is between the ages of 16 and 25;

The defendant must not have used violence in the crime he committed;

The defendant’s continuation in community under probation supervision poses a low to moderate risk to society;

Only certain crimes will be acceptable for inclusion in the program, (i.e., Sexual Abuse, Sexual Misconduct, and Endangering the Welfare of a Child).  The determination for inclusion is made on the facts of the case.

Few issues in our community evoke stronger feelings than that of child sexual abuse. Still most incidents go unreported.  Most child victims are abused by someone with whom they have had trusting personal relationships, such as a parent or family friend.  In the past these offenders have remained in our community or returned after a brief incarceration without effective intervention to reduce the risk of further sexual abuse to the victim or other children.

In 1993, Clinton County introduced a community-based program of interventions for children and young victims of sexual abuse, non-offending parents, and offenders where the victim had a trust relationship with the offender.

The EVEN-SAFER Program is a joint effort of a community team comprised of:

Clinton County Department of Probation/ATI

Clinton County District Attorney’s Office

Northern Adirondack Planned Parenthood Sexual Assault Services

Clinton County Department of Social Services

Clinical Assessor and Group Facilitator

Polygraph Evaluator

The EVEN-SAFER Program’s reason for existing and central focus is the victim.  It is a restitution and recovery program for victims.  It is secondarily a treatment program for the defendants to learn to monitor and control their sexual deviance.  All decision-making is based on what will help the victim and promote the safety of the community.  EVEN-SAFER offers therapy for victims, and groups for non-offending parents, as well as a program of tight, consistent probation supervision of offenders.

Through the EVEN-SAFER Program the offender is brought to justice without further trauma to the child victim by allowing the offender to plead guilty to a felony and receive a community supervision sentence.  This sentence includes five months in jail as part of a ten-year probation term.  The offender’s offense is made public while the victims are given as much protection from publicity as possible.  Should the offender fail to comply with the treatment program, fail to pay for the victim’s treatment or fail to comply with other terms of probation, they can still receive a lengthy sentence of incarceration.

The acceptance into EVEN-SAFER begins with the review of each case of sexual abuse by the community EVEN-SAFER team.  If the victims are likely to benefit from the offenders’ participation in the program, the District Attorney presents this alternative to the defense attorney and an agreement is made.  The offender then pleads guilty to a felony offense and makes a detailed allocution of the offense at the time of the plea.

The EVEN-SAFER contract, detailing responsibilities and restrictions, is reviewed and signed by the offender.  The defendant is placed on Interim Probation Supervision and agrees to undergo a psychosexual evaluation, submit to a polygraph exam, and agrees to no contact with children under the age of 18.

The child victim and non-offending parent are interviewed as soon as the case is presented to the community team to determine the level of trauma and restitution potential.  Once the psychosexual evaluation and polygraph are completed and the victim needs assessed, the team makes a decision about the offender’s acceptance into the EVEN-SAFER Program.  If not accepted, the offender is allowed to withdraw his guilty plea and prosecution proceeds to the full extent of the law.  If accepted, at sentencing, the EVEN-SAFER contract becomes part of the Orders and Conditions of Probation.

Once the offender serves his jail sentence and is released to probation supervision, he/she is closely monitored.  He/She is to inform employers and landlords of his/her offense.  He/She is allowed no contact with the victims or their families.  He/She is allowed no contact with children under the age of 18 and travel is restricted.  He/She is to participate in offender treatment through EVEN-SAFER and pay for his treatment, as well as the victim’s treatment if requested.  Failure to comply with the orders and conditions imposed by the Court will result in a return to Court on a Violation of Probation.  The community EVEN-SAFER team meets on a bi-weekly basis to determine interventions that are in the best interest of the victim and the community.