Post-Conviction Sex Offender Testing

Examinations

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• Instant Offense Examination

  1. This is a typical criminal polygraph examination. For details on the most common single-issue polygraph techniques, refer to the relevant NPC Polygraph Guide. Currently, the only approved polygraph methods are the Zone Comparison Technique (ZCT), and the Modified General Question Technique (MGQT).
  2. The two goals of the Instant Offense Examination are to verify that the examinee is guilty of the offense, and break through the offender's denial of guilt. Unlike typical criminal testing, sex offenders are virtually always guilty of the offense for which they were convicted.
  3. Relevant questions should be narrow in scope, clear free of legal or other jargon, and not presumptive.
  4. Comparison questions (CQs) should exclude the relevant question by time, place or category. "Lie" CQs are recommended.

• Sexual History Examination

  1. Prior to this examination, the offender will have filled out a sexual history questionnaire, and is required to bring it to the polygraph session. The examiner and treatment provider collaborate on which portions of the questionnaire will be covered in the polygraph examination.
  2. During the pretest interview, offenders may "remember" details that they had not included in the questionnaire. If the offender makes an admission during the pretest interview of something serious that was previously concealed from the treatment provider or supervising officer, the offender should be sent back to treatment before any polygraph testing.
  3. Though the treatment provider requests the relevant topics final wording of the test questions is devised by the examiner and offender during the polygraph session.
  4. Testing should be conducted in one of the forms of the multiple-issue ZCTs or MGQTs, with no more than 4 relevant questions, 3 being better.
  5. If the offender is found deceptive, the examiner should obtain a complete admission from the offender on the relevant issue(s).
  6. If the offender is found to be nondeceptive, the examiner should strive to develop as much information as possible from the comparison questions. This serves the purposes of concealing which are the true relevant questions (making countermeasures more difficult), not allowing the offender to believe that deception to those questions was not detected, and to provide actionable information to the treatment provider.

  Comparison Questions

  Comparison questions should be exclusionary, and of the "lie" type. Also, they should never be issues that would place the offender back in jail.

  Examples of Acceptable Comparison Questions

  • Before entering the Marines, did you ever lie to avoid consequences for what you had done?
  • During your time in New York, did you ever misrepresent the truth to make yourself look better?
  • When you were single did you ever lie to a question asked by a close friend?
  • While in the Air Force, did you ever deliberately hurt someone by telling a lie?
  • As a juvenile, did you ever lie to someone to be malicious?
  • In high school, did you ever mislead your friends about something you claimed to have done or knew about?

• Monitoring Examination

  This is a regularly scheduled examination, to verify compliance with the conditions of parole or probation. It is recommended that no more that 4 relevant issues be covered, with 3 being better. Some of the testable issues are:

  • Thefts from employers or businesses
  • Illegal drug sales, possession or use
  • Being in the presence of a child
  • Being alone with a child
  • Having contact with a victim
  • Using alcohol
  • Driving without a license
  • Handling firearms

  Comparison Questions

  Comparison Questions (CQs) can be "lie" or "sex" type, exclusive or non-exclusive. The only exception is that is not permitted to use "lie to authority figures" or similar questions because they may overlap with relevant issues.

  Examples of Acceptable Comparison Questions

  Since your last test (SLT) (or in the last 6 months), did you lie in treatment?

  SLT, have you received any special permission you don't really deserve?

  Note: If the offender is called NDI to the relevant issues, in posttest the examiner should question the offender further on the comparison questions.

• Maintenance Examination

  This is a regularly scheduled examination to verify compliance with the conditions of treatment. It is recommended that no more than 4 relevant issues be covered, with 3 being better. The goal is to identify high-risk behaviors that signal relapses. Topic areas focus on areas in which the offender has a history, and can include:

  • Unreported sexual contacts
  • Physical contact with a minor child
  • Sexual relations with someone under 18
  • Communication with victims
  • Fondling someone else's sex organs
  • Exhibitionism
  • Voyeurism
  • Obscene Phone Calls
  • Fetish Behaviors
  • Other paraphilias

  Comparison Questions

  Comparison Questions (CQs) can be "lie" or "sex" type, exclusive or non-exclusive.

  Examples of Acceptable Comparison Questions:

  Since your last test (SLT) (or in the last 6 months), have you failed to report any deviant sexual fantasies?

  SLT, have you kept anything from your therapist that s/he would not approve of?

  SLT, have you lied to your wife about your progress in treatment?

  Note: If the offender is called NDI to the relevant issues, in posttest the examiner should questions the offender further on the comparison questions.