Are Civilly Detained and Committed Sexually Violent Persons Released After Age 60 Low Risk?

Abstract

Older age is a well-established protective factor against sexual recidivism. However, research on the effects of aging in individuals considered for civil commitment as sexually violent persons (SVPs) is limited. The current study investigated 53 such individuals released after age 60: 15 were released following dismissal of the civil commitment petition, and 38 were discharged following civil commitment. Recidivism outcomes, including details of the release environment, were examined and the groups were compared on recidivism risk and age-related factors. The sexual recidivism rate across both groups was 7.5% over an average follow-up of about 9 years. The rate of sexually violent offenses was 3.8%. Results suggest that age-related protective effects apply to older SVPs. However, the groups differed in total time institutionalized and release environments. Findings highlight the potential impact of release type and environments on observed recidivism rates. Risk management implications for older individuals released from SVP programs are considered.

Why are individuals over age 60 still committed as sexually violent persons?

“…The discharged sample ranged in age from 60 to 81 ( M = 68.60, SD = 5.05) at the time of release and were primarily White (86.8%), followed by Black (5.3%), Native American (5.3%), and Bi‐racial (2.6%). Table 1 shows additional characteristics of the discharged sample (also see Ambroziak et al., 2021 for a more detailed description). Most discharged patients had consented to treatment at some point while they resided at Sand Ridge Secure Treatment Center ( n = 28; 75.7%).…”

“…A detailed description of measures, including Static‐99R (Helmus et al., 2012), is available elsewhere (Ambroziak et al., 2021). Variables of interest such as age, race, discharge recommendations, treatment progress, and actuarial scores (Static‐99R; Helmus et al., 2012) were gathered from institutional records.…”

“…A detailed description of measures, including Static-99R (Helmus et al, 2012), is available elsewhere (Ambroziak et al, 2021) The number of chronic health conditions each participant had was coded from institutional file reviews. Categories included: diabetes, hypertension, any heart condition, high cholesterol, chronic pain, stroke, cancer, thyroid-related issue, respiratory condition, and hepatitis.…”

“…A small study of individuals ( n = 53) released from an SVP program at an older age (60+) demonstrated that sexual recidivism was low at 7.5% over an average follow‐up time of nearly nine years (Ambroziak et al., 2021). Only 3.8% committed sexually violent offenses, which is the purview of the statute 1 .…”

Canada's Aging Federal Prison Population

“…The inverse relationship between age and criminal behavior is well established, yet this “aging out” concept (Auerhahn, 2013) is commonly believed to elude persons convicted of sexual offenses (Harris & Socia, 2016), a population rife with a myriad of myths and misconceptions (Fedoroff & Moran, 1997). Empirical evidence refutes these misconceptions; the rate of sexual recidivism is typically found to be under 14% (Hanson & Morton-Bourgon, 2005), significantly lower than recidivism rates for other offenses, and this rate decreases as age increases (Ambroziak et al, 2021; Crookes et al, 2022). Hanson et al (2018) found that for those convicted of sexual crimes, the risk of sexual recidivism consistently decreased in relation to the amount of time spent living offense-free in the community.…”