Preadjudicatory risk assessment of juvenile sex offenders: Proposed practice guidelines

The public's perception of sex offenders has been greatly impacted by several high profile cases involving horrific acts of child sexual abuse, which has provoked lawmakers to address society's concerns with strict punitive consequences for the offender. These consequences have recently been applied to juvenile sex offenders as well, as society does not consider the differing levels of dangerousness for juvenile and adult sex offenders. This is unfortunate, as current research informs us that juvenile sex offenders are a population distinct from adult offenders and that their risk for recidivism is much less than society fears. In fact, the risk of recidivism is very low by most estimates. Nevertheless, most states now hold juvenile sex offenders to the same punitive standards as adult offenders, including required sex offender registration and notification.;Some lawmakers and Courts have recognized the incongruency between current registry laws and the research on juvenile sex offender recidivism and have established efforts to help reduce potential rehabilitative harm that a juvenile would incur by registry. These efforts have involved forensic assessment to help educate involved parties regarding the potential risks for a juvenile specific to their offense behavior and the appropriate judicial action to address and help minimize those risks. Court officials are now routinely requesting preadjudicatory risk assessment evaluations, in which the forensic examiner is asked to provide an opinion as to whether the juvenile presents substantial risk to society such that he should be held to adult criminal sanctions, including sex offender registration and notification requirements.;In most cases, the referral for a preadjudicatory risk assessment has been made when the involved parties are considering a plea bargain to a non-registry offense and request the input from a forensic evaluator to assist them with charging and sentencing decisions. While preadjudicatory risk assessments can greatly inform the legal process, there are numerous ethical, legal, and practical considerations for conducting such evaluations. A review of relevant information and discussion of these considerations is provided, followed by a set of proposed practice guidelines to assist the forensic psychologist conducting preadjudicatory risk assessments for juvenile sex offenders.