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Research ArticleRegular Articles

Applying Collaborative Justice to Sexually Violent Predator Civil Commitment

Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian and Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online December 2020, 48 (4) 496-508; DOI: https://doi.org/10.29158/JAAPL.200023-20
Shoba Sreenivasan
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Amy Hoffman
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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James Cahan
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Allen Azizian
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Linda E. Weinberger
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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    Figure 1.

    Collaborative Justice Model. DSH, Department of State Hospitals; SVP, sexually violent predator.

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    Table 1.

    Parameters for Cases Accepted or Rejected for Collaborative Court

    Case Characteristics for AcceptanceCase Characteristics for Rejection
    One child or adult victim for qualifying offense where sexual conduct is not substantialMultiple child or adult victims with substantial sexual conduct; sexually sadistic crimes against adult or child victims
    Sexual history does not suggest preferential pedophilic or paraphilic interestsSexual history suggests entrenched, preferential sexual interest in children or sadistic or coercive contact with adults
    Victim selection is not clearly predatory (e.g., intrafamilial offending)Victim selection:
    Clear predatory pattern: targeting strangers, kidnap or abduction involved
    Targets particularly vulnerable victims: elderly, toddlers/infants (neophilia), or persons with disabilities
    Age is a mitigator:Age is not a mitigator:
    Older offender (over 60) with long-term incarceration whose qualifying offense occurred ≥ 15 years prior to sexually violent predator petitionOlder offender (over 60) with last sexual offense occurring in an older age bracket
    Offender is young (e.g., 20s) with sex offenses occurring at age 18 and only nonqualifying priors as an adolescentYoung offender (e.g., 20s) with a pattern of adolescent and early adulthood qualifying prior sexual offenses; trajectory of victim choice suggests sexual deviance
    Motivation for treatment with evidence of participation in sex offender treatment in custody or self-help participation in management of coping skills to address anger, depression, or substance useLittle or no evidence of positive programing in custody; poor impulse control in custodial setting, such as drug use, sexual acting out, or violence toward others
    Sex offending occurred under intoxication, has engaged with in-custody substance-abuse treatmentSex offending occurred under intoxication and with evidence of in-custody use of substances
    Protective factors of prior prosocial functioning: good employment, has social and financial supportsProtective factors absent; history of antisocial functioning, poor employment, negative influences as social support (e.g., gang), no financial support
    Sex offending was situationally based, related to youth gang affiliation with no current history of such affiliationOffense analog behaviors, such as habitual involvement in sexually deviant activities in custody (e.g., coercive sexual contact, child materials or pictures, stalking staff for sexual contact) or distributes or makes sexually explicit drawings, narratives, or photos
    Offender special characteristics:Offender special characteristics:
    Developmentally delayed, receiving government support, or offenses indicative of emotional identification rather than sexual interest in childrenLack of compliance with authority in custody setting; multiple rules violations with anger or aggression indicative of a pattern of defiance toward authority
    Medical conditions that limit mobility or create short life expectancyMedical conditions that do not limit mobility or, if they do, offender has previously sexually acted out despite conditions
    Offense characteristics or history:Offense characteristics or history:
    Offender's current offense is not sexual; offender has been in community for extended period without sexual offendingHistory of new sex crimes committed while on parole
    Sexual offense is remoteSexual offense pattern reflects trajectory of increasing sexual aggression and predatory behavior
    History of one adult or child qualifying victim with more recent history of noncontact sexual offensesOffender has wide range of victims (e.g., adults and children, males and females) and broad sexual deviance
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Journal of the American Academy of Psychiatry and the Law Online: 48 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 48, Issue 4
1 Dec 2020
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Applying Collaborative Justice to Sexually Violent Predator Civil Commitment
Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Dec 2020, 48 (4) 496-508; DOI: 10.29158/JAAPL.200023-20

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Applying Collaborative Justice to Sexually Violent Predator Civil Commitment
Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Dec 2020, 48 (4) 496-508; DOI: 10.29158/JAAPL.200023-20
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  • Article
    • Abstract
    • SVP Laws
    • Current California SVP Commitment
    • Rationale for SVP Collaborative Justice
    • Collaborative Versus Adversarial Justice
    • Proposed Model for SVP Collaborative Justice
    • Potential Obstacles to Implementation
    • Conclusion
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Keywords

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