501 KAR 6:220. Treatment for sex offenders.

      RELATES TO: KRS 17.550-17.991

      STATUTORY AUTHORITY: KRS 17.564

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.564 authorizes the Sex Offender Risk Assessment Advisory Board to promulgate administrative regulations to establish the minimum requirements for treatment of sex offenders. This administrative regulation establishes minimum treatment requirements for providers.

      Section 1. Definitions. (1) "Approved provider" is defined in KRS 17.550(3).

      (2) "Board" is defined in KRS 17.550(1).

      (3) "Community standards of care" means the standards of care generally accepted by sex offender treatment professionals within the commonwealth of Kentucky and taking into account the general standards of care for the mental health profession for which the approved provider is licensed or certified.

      (4) "Treatment services" is defined in KRS 197.420(2)(b).

      Section 2. Procedures for Treatment of Sex Offenders. (1) Treatment shall conform to community standards of care, and shall include:

      (a) A diagnosis; and

      (b) A written treatment plan, which shall include:

      1. Goals and objectives; and

      2. Modalities of treatment and the rationale therefor.

      (2) Treatment shall be conducted in a psychotherapy format.

      (3) Treatment may utilize psychoeducational components if indicated.

      (4) Prior to providing treatment, an approved provider shall:

      (a) Submit a general treatment curriculum to the board that shall include the required elements in subsection 5(b) of this section; thereafter, proposed changes in the general treatment curriculum shall be submitted to the board for prior approval;

      (b) Obtain written informed consent for treatment from the offender;

      (c) Contact the offender’s supervising probation and parole officer to discuss the offender and obtain offender information; and

      (d) Make a good faith effort to obtain the offender’s mental health records.

      (5) An approved provider shall:

      (a) Provide psychological or pharmaco-therapy services or testing as needed or make the appropriate referral and act as liaison for the provision of services;

      (b) Utilize a treatment curriculum which, at a minimum, shall include:

      1. Treatment services as may be necessary to meet the needs of the individual offender;

      2. An emphasis on acceptance of responsibility by the offender for present and past sexual offending behavior;

      3. Gender and culture specific programming; and

      4. Education of the offender in:

      a. The cycle of sexual abuse;

      b. Human sexuality;

      c. Deviant arousal and its reduction;

      d. Cognitive restructuring;

      e. Relapse prevention;

      f. Partner and family interactions and support, if applicable;

      g. Victim empathy awareness; and

      h. Relationship skills.

      (c) Provide treatment consistent with current professional literature which minimizes the risk of reoffending and emphasizes community safety;

      (d) Provide eighty (80) face-to-face sessions of at least forty-five (45) minutes for an individual session or ninety (90) minutes for a group session for a minimum of twenty-four (24) months with at least forty (40) face-to-face sessions conducted during the first twelve (12) months;

      (e) Maintain an individual record which shall include documentation of the offender’s attendance and evaluative progress notes;

      (f) Obtain a release of information signed by the sex offender which allows the approved provider to release information to probation and parole personnel responsible for the sex offender’s supervision and the Sex Offender Risk Assessment Advisory Board;

      (g) Notify the offender’s supervising probation and parole officer in writing if the offender fails to attend a treatment session or fails to make a good faith effort to participate in the treatment;

      (h) Provide the Required Monthly Progress Report to the supervising probation and parole officer each month;

      (i) Cooperate fully with the probation and parole supervision team responsible for a sex offender under the approved provider’s treatment;

      (j) Prepare a treatment summary at discharge from treatment; and

      (k) Provide written notice of the sex-offender's discharge from treatment and the reason for discharge to the supervising probation and parole officer within ten (10) days of discharge.

      Section 3. Incorporation by Reference. (1) The Sex Offender Risk Assessment Advisory Board from "Required Monthly Progress Report", 4/12/05 is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Department of Corrections, Office of Legal Services, 2439 Lawrenceburg Road, P.O. Box 2400, Frankfort, Kentucky 40602-2400, (502) 564-2024, fax (502) 564-6494, Monday through Friday, 8 a.m. to 4:30 p.m. (27 Ky.R. 1116; Am. 1456; eff. 12-21-2000; 31 Ky.R. 1885; 32 Ky.R. 67; eff. 8-5-05.)