Special Sex Offender Sentencing Alternative (SSOSA)

SSOSA is a sentencing alternative that gives sex offenders an opportunity to serve all or part of their sentence out of custody while participating in a sexual-deviancy treatment program.

Eligibility

In order to be eligible for a SSOSA a defendant must meet certain conditions, including:

• Have no prior convictions of a felony sex offense.
• Have no adult convictions of a violent offense within the past 5 years.
• Plead guilty to the current crime(s).
• Have a prior relationship with the victim (aside from the sexual assault.)
• Be facing a sentence of no more than 132 months in custody.
• Be employed or have financial resources.
• Be safe to be in the community.
• Get an evaluation by a certified treatment provider. The provider will then determine if the defendant qualifies for treatment. As part of the evaluation, defendants must accept responsibility for the act(s), be motivated to change their behavior to minimize the risk to re-offend, and agree to have no contact with the victim(s).

The evaluation process can take several weeks to a few months. When the evaluation has been completed, the defense attorney will send a copy to the prosecutor. Victims may ask to meet with the prosecutor to discuss the evaluation and the prosecutor's position on the sentence.

At a sentencing hearing, the defense and prosecution can present arguments to support or oppose SSOSA. Victims and their families have a right to address the judge regarding what they would like to see happen. The judge makes the final decision about whether or not a defendant is granted SSOSA. The judge is required to take the victim's position on SSOSA into consideration.

If SSOSA is Granted

If a judge grants SSOSA for a defendant, he/she has the following guidelines:

• Judge can order up to 5 years in treatment and up to 12 months in jail.
• Judge sets yearly review hearings for the defendant.
• Defendant's sentence is suspended-if the defendant does not comply with the treatment program, a judge can order him/her to serve the original jail or prison sentence.
• Judge must give written findings if the court grants SSOSA over the victim's objection.

SSOSA Standards for Treatment

Each treatment plan is individualized to meet the needs of each defendant. In general, defendants in a SSOSA program will be involved in the following:

• Individual and group counseling and other treatment methods as deemed appropriate.
• Inclusion of defendant's family in the treatment process when appropriate.
• Monitoring of treatment requirements.

If you are the victim of a sexual assault, you have the right to be included in the process of deciding if a defendant is granted SSOSA. You can work with your advocate to set up meetings with the prosecutor and to address the judge at the sentencing hearing.

For more information, please contact Legal Advocacy 425.226.5062 or email intakestaff@kcsarc.org.