Families of SOs Community Group

WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...

1,307 Members
11,281 Posts
1 Online
Personal Challenges
/ Families of SOs Support Group

Wait for Appeal or Take SO Treatment Now?

honestwitness
honestwitness
My 40-yr-old son is in prison, doing year two of a 4-years-to-life sentence. He was offered SO treatment in prison, but decided to become a "denier," in order to not incriminate himself prior to a possible appeal.

The appeal attorney is a public defender and has been very responsive to all my questions to her through email and by phone. She works on her cases in chronological order and has not yet gotten started on my son's case. She anticipates that will be sometime in the next few months. She agrees that, in preparation for an appeal, my son is wise NOT to participate in SO treatment.

However, knowing that winning an appeal is pretty rare, I'm wondering whether it might be better for my son to tell his attorney to forget the appeal and then go ahead and get started on SO treatment, hoping he can get out on parole sooner.

What do you think? Would the prison even let him change his mind about this, at this point?
Nakohichi
Nakohichi
Will they let him out sooner for taking treatment? I didn't think this was one of those programs that did that.. but I might be wrong.
honestwitness
honestwitness
Nako, that is a good question. I don't know the answer. My son says he knows several other inmates who have completed the treatment, but they are still in prison with him. There is a major disconnect in Colorado between the treatment providers and the parole boards. The treatment providers will certify an inmate as ready for parole, but the parole board will deny the parole anyway. This has even been acknowledged by the new director of the Colorado treatment program and she is evidently working in trying to fix the problem.

However, I would think that the parole board would be even less likely to parole a "denier" who refused treatment. But, I don't know.

Does anyone know of a "denier" who got paroled anyway?
rewdiazepam
rewdiazepam
In all my years I never saw one person who maintained their innocence make parole. That is why I just waived my parole, as I knew I would never be given parole. He will have to admit guilt and be very contrite if he ever has a chance of making parole on a sex offense.

But at the same time, he cannot admit any guilt while his appeals are pending.

I would just hold off until after my appeals were addressed. Then he can take the program. I have never heard of anyone being turned down for any of the sex offender treatment programs in prison, even if they had previously denied guilt.

rewdiazepam
rewdiazepam
rewdiazepam
At this point, so early in his sentence, his chance for a successful appeal greatly outweigh his chances of making parole, so I would not want to shoot down my appeal chances.

Later, if the appeal is not successful, he can always apply for the SOTP.

rewdiazepam
honestwitness
honestwitness
Rew, thank you so much for your insights. You said, "...so early in his sentence, his chance for a successful appeal greatly outweigh his chances of making parole..." This is the most helpful information I've received yet. This reassures me that he's doing the right thing by refusing treatment, while he waits for the appeal.

You also said, "I have never heard of anyone being turned down for any of the sex offender treatment programs in prison, even if they had previously denied guilt." This is also very helpful. I'm so relieved to know this.

May you be ultra blessed!