Sex Offender Treatment; A Legal Extortion Business.

In a editorial in the Indiana news Sentinel, the troubling ideology behind treatment programs is exposed and since most treatment programs that are based on behavior modification that have been proven to be damaging to the participants, this article goes a long ways in showing that the use of treatment programs within the prison system are in violation of the federal constitution banning cruel and unusual punishment. Treatment programs are based on the fact that a person has a mental illness or deficiency that requires them to receive psychological treatment, but a person has a constitutional right to not want to be involved in any treatment program, more so the state cannot say simply because you have been convicted of a crime that you are mentally ill and thereby use coercion to force a person into treatment.

According to the US Supreme court in Vitck vs Jones 100 S.Ct 125, ‘While a conviction and sentence extinguish an individual’s right to freedom from confinement for the term of the sentence, they do not authorize the state to classify him as mentally ill and subject him to involuntary psychiatric treatment without affording additional due process protections. In Ohlinger vs Watson 652 F2d 775, it was brought out that people “have a constitutional right to such individual treatment as will give each of them a realistic opportunity to be cured or to improve his mental condition” and “rehabilitative rational is not only desirable, but it is constitutionally required” plus “adequate and effective treatment is constitutionally required” if inmates are being forced into treatment programs through coercion by threat of loss of their good time, or privileges afforded to other inmates than it is quite obvious that the prisons officials are attempting to change the thinking patterns through forced treatment in violation of these constitutional standards and this issue was addressed by the United States Supreme Court in Stanley v. Georgia, 89 S. Ct. 1243, 1248 “Our whole constitutional heritage rebels at the thought of giving government power to control men’s minds“. It is interesting that behavior modification programs use the same principles as are used in brainwashing and mind control, something that the American people are adamantly against.

Below is a portion of the information in the article. You can read the entire article by going to:

Indiana’s Sex Offender Monitoring, Management program inmate trap

A special note here it was pointed out that the link to the article does not work after checking I found that a number of other sites are using the same link to the article, it appears that the news Sentinel has removed the article from their website. So I will share the entire article below. as it was written in May of 2014.

Incarcerated citizens, by virtue of their circumstances, should understand the significance of the Indiana Sex Offender Monitoring and Management program.

SOMM is proclaimed a “therapy” program. This program is funded by your tax dollars in an effort to rehabilitate sex offenders. Inmates are required to complete 30, 60 or 100 hours based on low, medium and high risk.

They are put in lower-education classrooms, and each inmate has to talk about his or her case, show remorse, explain how their behavior will be prevented in the future and then the instructor “deems” the inmate rehabilitated.

It is conducted as group counseling, and as in any counseling program, the individual is expected to admit having a problem and needing help. However, true counseling programs encourage and entrust voluntary admissions.

SOMM demands admissions be made as a way of avoiding punishment. This way of thinking is akin to the old days when police beat people or provided electric shock to select portions of the person’s anatomy until the confessions were obtained.

The Department of Corrections mandates that all persons convicted of a sex offense participate in the “voluntary” program or face a Code 116 Class A conduct report for failing to participate in a “mandatory” program. Code 116 provides that non cooperation cost the individual loss of good time credit class, time in seclusion and loss of other privileges, such as visitation, telephone contact with family and commissary.

Upon forced agreement to “participate,” the individual is required to sign a statement saying he is entering the program voluntarily. As the program progresses the individuals are again mandated (under the threat of Code 116) to admit their guilt and relate details of behavior verbally and in writing, even when the individual pled “not guilty” at trial. The SOMM “counselors” hold onto the position that finding of “guilty” by the court is absolute and there can be no error.

Everyone in prison is guilty, and it is not possible to be innocent and be in prison. Guilt must therefore be acknowledged. The only allowable exception to this is if there is an appeal or post-conviction petition already pending in court. But this, too, has a built-in trap. If the inmate is acting pro se (by himself without a lawyer) his action is not recognized by SOMM. Notification to SOMM of pending court action must come from a lawyer or the court. Anything the inmate may show on his own behalf is automatically deemed fake

So an inmate who cannot meet SOMM rules to demonstrate pending court action, or inmates who plead not guilty and do not have court action pending, now must admit guilt or they are told that they are lying. They get removed from class, forced to take a questionable polygraph test against their will and be faced with Code 116. This is a clear violation of 5th Amendment privilege against self-incrimination.

The DOC hired Liberty Behavior Health Corp. (Indianapolis) to run its SOMM program. They execute it for profit. They staff the instructors and also administer all polygraph tests; one inmate was told by the man forcing him to take the polygraph test that one inmate in the last 27 tests passed.

Because of all this, many inmates, even those who pleaded not guilty at their trial, take the stance tell them what they want to hear and get it over with.” These individuals think the information will stay in house and not affect them later. This is not true if someone originally pleaded not guilty and later tells stories to pacify SOMM; they may or may not be retried for the offense admitted. Yes, this would be a violation of the 5th Amendment. However, the individual also opens themselves up for a possible perjury charge, having lied to the court.

SOMM does not have client therapist confidentiality. What is said is noted and becomes part of the public record. No matter how much innocence is claimed, it is negated by a SOMM admission and that admission will affect the inmate forevermore.

Admit guilt, keep the earned good time and go home. Profess innocence and the good time earned is taken away, the individual stays in prison longer.

Indiana thinks this is legal and proper, and the General Assembly gave the Department of Correction permission to do this.

Welcome to a state where, to me, civil rights and the U.S. Constitution seem to have little meaning and where tax dollars are wasted on fake programs like the SOMM.

8 comments for “Sex Offender Treatment; A Legal Extortion Business.

  1. Scott
    April 28, 2016 at 6:46 am

    when they receive the Code 116 Class A conduct, do they go under the civil confinement protocol?? This too could also be used as coercion. I have heard that SOs in prisons can more often than not, be subject to vulnerability by being forced into population.

    • john d
      May 7, 2016 at 5:15 pm

      In Indiana they concentrate the majority of SOs to one facility, the Newcastle correctional facility. Its the only facility where the INSOMM program is administered. They move all SOs there within a few years of their release to force them through the program. The population is apx. 80% SOs, so there is less chance of violence, not that it doesn’t happen (its prison )but its just less prevalent. The real extortion begins when they enter “phase three” which is the portion they do on the streets. The costs are $160 a month plus $300 polygraph tests once every three to six months. The program is supposed to enter a “maintenance” phase after the mandated curriculum has been completed. However, It is left up to the counselors and the parole/ probation officers rather a person is allowed to enter into the maintenance phase. In some areas an offender is never allowed to enter the maintenance phase. In these areas the three year graduation date is also ignored. Its clear that some greedy counselors are trying to line their pockets, and there is no state over-site over these situations. One woman recently filed a complaint after four and a half years of weekly mandatory therapy and was immediately violated on her probation for a minor, and probably made up infraction.In this case the probation officer would rather ruin someones life than play by the rules, or end a lucrative reign of terror. The counselors are given ultimate control over peoples lives. They can take away their credit time, take their money and isolate them needlessly from their friends and loved ones.

      • john d
        May 7, 2016 at 6:52 pm

        also the program has been expanded and the mandatory hours offenders are required to do are now 45, 75, and 120.

  2. The Inquiring Mind
    April 28, 2016 at 9:54 am

    You think IN SOs have it hard with this forcecd treatment crap, one should examine Texas’s forced treatment regime. There are people who have been in treatment for 10-15 years, going every week (Wednesdays) and paying $30.00 a session. If you are lucky, you MIGHT make it to maintenance or once a month. I am fortunate to be on what is called ‘maintenance’ or attending treatment only once a month. But guess what? It took me ten (10) years of going once a week paying $30.00 a pop. And this article is very much correct, this is State sponsered Extortion plan and simple because they (state) demand your attendance and if you don’t they violate your parole now if that is not extortion I don’t what is. To me treatment sshould be VOLUNTARY. You know, if a guy thinks he has a problems and wants treatment then yes, by all means make that available to him. But by forcing a person to attend treatment the therapist would be a damn fool to think he/she is actually helping anyone because I’ll tell you from first hand experience, most people I know in treatment has already served an average of 15 years in prison, me, I did 20, so if that man did not learn from his mistakes after that much time how the hell can the state expect him the modify his behaviour through treatment? Serious??? If a man didn’t get it after 15-20 years confinement he ain’t gonna get and that’s for real. No treatment regime, especially one forced upon him, is going to get partner. I can you, after 20 years confinement—I got it!!! I’m 60 years old,I don’t need treatment, I am self corrected pal. I know for damn sure I don’t want to do after 20 tight. I’ve been free for 11 years with not so much as traffic ticket and that’s a fact jack. More importantly than that, I have three (3) beautiful grandbabies my son and his wife have given me and I live everyday to see those kids happy so for me personally, I’m finished for good, in engaging in ANY type of criminal activity—period!

    • Paul
      May 2, 2016 at 2:07 pm

      Inquiring Mind’s want to know. haha…….Good points.

      The type of treatment that is administered is what bothers me. It’s an “in your face” confrontational, drum-beat reinforcement that you have a disease that can’t be cured, you must admit that you have said disease or in the system’s eyes, you aren’t making progress. The extortion comes in two ways. One of course is financial. The other kind of extortion can only be called psychological. We are forced to say things against our will regardless of whether they are true or not and if we don’t say them, we face dire consequences.

    • Elaine
      May 30, 2016 at 6:17 am

      Yup my hub been going 7 years now to pro.counceling polys every 6 months at 175.00 each . 225.month offender treatment .even when he has to have surgery .that councelor had to be paid 225.or if she canceled group etc .it’s pitiful .we can’t even get health care .my hub high . Hes been in bp meds water pills..his health isnt good.with her junk ..we can’t afford to see Dr wu th Obama care.deductibles medicine deductible. I have excruciating migraines every month .past 30.years. my med is high ..cant afford see dr nor get my repax meds for my migraines .this mandatory once week stuff is rediculous 7 years.always paid no problems ..councelor saud like 6 months ago she asked pro if hub can come twice monthto group. instead said they didn’t feel comfy ..then this past six months .hub asked pro abo it .and they told him ask councelor this time .blah .while she said to ask pro .blah who the heclk do we ask . .we are making a literal car payment ..eating less and barely get by cause this crap. not able to see doctor..

      • Elaine
        May 30, 2016 at 6:21 am

        I am having him ask his councelor again about twice month instead coming .so financially it will help us .and I can set us up with doctor and get out required medicines for our health .if she don’t allow it .I’m going to court and let them know the situation ..and fight this cruelty .

  3. Extremely Disgruntled
    May 13, 2016 at 12:05 am

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