(1)
Affected clients. All
clients convicted of a "serious sex offense" in which the victim was a child
who, at the time the offense was committed, was 12 years of age or younger; or
clients convicted of a second or subsequent offense may be required to undergo
hormonal intervention therapy as ordered by the court or board of parole in
accordance with the provisions of Iowa Code section 903B. 10.
(2)
Agency responsibility.
The department of corrections, judicial districts' departments of correctional
services, and the board of parole responsibilities are defined in accordance
with the provisions of Iowa Code section
903B.10.
(3)
Assessment of affected
clients.
a.
Psychosexual
assessment. A psychosexual assessment shall be conducted on all
"affected" clients, as a part of the presentence investigation (PSI) prior to
sentencing or upon entry into judicial district department of correctional
services supervision or institutional placement if a referral for hormonal
intervention therapy is being made.
(1) The
psychosexual assessment shall be conducted by or under the direction of:
* A licensed psychologist; or
* A person specifically trained and experienced in the
professional administration, scoring and interpretation of psychological tests
(graduate level coursework in testing and assessment); or
* A staff member who meets the experience and educational
requirements of the Iowa department of administrative services or Iowa
community-based corrections psychologist classification.
(2) The psychosexual assessment shall
include:
* Tests of emotional and mental stability.
* I.Q. to measure capability.
* Measure of denial of deviant sexual characteristics.
* Plethysmography (optional).
(3) The assessment shall follow the statewide
standardized format and shall include a determination as to the need and
effectiveness of hormonal intervention therapy as well as treatment
recommendations.
b.
Medical assessment. If hormonal intervention therapy is
recommended as an appropriate treatment component, the client shall receive a
medical assessment to determine biological factors as related to hormonal
intervention therapy.
(4)
Pharmaceuticals and
distribution. The director of corrections may contractthe purchase and
distribution process to reduce pharmaceutical costs and ensure effective
distribution and management of all pharmaceuticals related to the hormonal
therapy program.
(5)
Educational/treatment programming.
a. Hormonal intervention therapy is to be
utilized in conjunction with a sex offender treatment program (SOTP). The
client should be involved in concurrent cognitive-behavioral treatment. In all
cases where the treatment plan includes hormonal therapy, the plan shall also
include monitoring and counseling.
b. All institutional or community-based
corrections SOTPs shall meet the current Iowa board for the treatment of sexual
abusers (IBTSA) standards.
(6)
Application of hormonal
therapy,
a. Utilization of
hormonal therapy.
(1) Therapy shall
utilize medroxyprogesterone acetate (MPA) or other approved pharmaceutical
agents.
(2) Therapy shall be
initiated as soon as reasonably possible after the client is sentenced.
1. If the client is incarcerated within a
local jurisdiction (jail, residential facility), the judicial district
department of correctional services shall coordinate initiation of treatment
prior to the release of the client from custody.
2. If the client is incarcerated within the
department of corrections, initiation of treatment shall be determined by
department of corrections medical staff.
(3) Requests for hormonal therapy by the
client when the aforementioned criteria are not met shall be reviewed for
consideration by the agency of jurisdiction.
(4) At any time during the course of
supervision, the agency of jurisdiction may conduct a reassessment to determine
if hormonal therapy should be considered or reconsidered as part of the
treatment plan.
b.
Monitoring/termination of hormonal therapy.
(1) Monitoring. The agency of jurisdiction
shall continue to monitor the client's therapy throughout the client's
confinement or supervision. The agency of jurisdiction may adjust medication,
initiate other medication, or continue prescribed therapy with medical
approval.
(2) Termination. Hormonal
therapy may be discontinued only by the medical authority, with consent of the
supervising officer. Termination requires a reassessment conclusion that the
therapy has been determined ineffective or is no longer necessary.
(7)Client
fees. Clients are required to pay a reasonable fee for the costs
related to hormonal therapy. Client fees shall be based on the client's ability
to pay as determined by the statewide client fee policy.
(8)Maintenance/transfer of
records. Client file information shall be available and shared upon
request between responsible agencies including court of jurisdiction.
Notes
Iowa Admin. Code r. 201-38.4
Amended by
IAB
August 1, 2018/Volume XLI, Number 3, effective
9/5/2018