Did anyone consider that maybe the guy has the crabs?  A little soap and hot water will clean that right up.

T.M. Cullen wrote on May 7^th, 2008 at 1:20am:


Cullen,

you clearly have issues that a good psychiatrist MIGHT be able to address...

Sackett

cat

He needs to check with a lawyer. I don't know what state in which you live, but I don't believe a polygraph can be required except for SO's. You said he has not been convicted of a sex offense. A PO cannot make his own rules. If polygraphs were not a part of his parole ordered by a judge, then he can't be required to take one. He may have cause for a lawsuit himself.

digithead

If a convict has served his total time, then parole is not a privilege. It's a constitutional right. (Constitutional law is very interesting. That's where the rubber meets the road). If the sentancing judge ordered time on parole and included polygraphs, he has to take them. Parole officers has to follow the sentancing guidelines. They cannot legally make up their own laws. If he is realeased early by the parole board, then I agree the board can set guidelines which includes polygraphs. I have read where POs have been set back on their heels by the courts concerning their behavior. Most always, a drug offender is required to give UA samples for a specified time by the court but few are required to take polys. I have a distant relative that's a PO and he says that none of his drug parolees are required to take polys. That was a couple of years ago, however.

digithead

I know little to nothing about community supervision. My interest has been at the federal level.

Years ago I read an article by a federal judge, 9th. circuit I believe, that illustrated, in part, the truth about prisons and post-prison supervision. He said that "prison guards and supervisors and probation and parole officers have the mistaken belief that it is part of their job to inflict punishment on prisoners and parolees. This is totally wrong thinking. Thier job is to ensure order and compliance only. Judges and juries inflict the punishment by sending the guilty to prison. Just being in prison and on probation and parole is the only punishment intended by the courts".

I don't know if the polygraph is effictive on SOs or not. I do know that it is the lowest recidivism rate of the major crimes. Those statistics are not hard to come by. Polygraphers will probably say they are the reason recidivism is so low. From the interviews I have seen and read, the vast majority of SOs will stay on the straight and narrow because 1. They don't want to go back the verbal and physical abuse of fellow inmates. 2. They give a lot of credit to their treatment providers teaching them the proper boundries. Then there are the addicted ones that prison is the only answer.

Thank you digithead and two block for all the input. I wrote in more detail about the situation under new topics. I hope it showed up. 
Oh, by the way, this is taking place in TX.  I guess the thing that upsets me so much is the fact that a polygraph can be used on some who went to prison for drunk driving, did his time, got out on parole, had a relapse with a small incident.  Anyway, he is being treated as an SO, was never convicted, was ordered a polygragh by a therapist, even before being evaluted.  Mind you, he never denied anything. He was so upset with polygraghers behavior, and with the preceeding events knew before hand he was going to fail.  I asked him if could hire an independent person to administer the test, but he didn't know. He tells me all the time " I should've just stayed in prison".  " I never should have went to that BBQ".   

Also, it was nearly a year before they gave him the test.  Now, it cost him 200.00 for the test.  There were several other people also waiting to test while we were there.  Now, he has to go to sex therapy classed that cost 35.00 a week, travel 45miles, with the cost of gas that's another 40 bucks.  I am beginning to wonder if it is some kind of money maker for the state or if they need a certain number of people in these programs to keep them viable.   

Even worse, his fellow "Group Mates" don't know why he is there, and on some strange level, this upsets them.  Maybe it's a matter of "it takes one to know one" kind of thing.   

This all went before the parole board a little over a year ago, they dismissed the sexual allegations and sent him to ISF for 7 months for falling off the wagon. (He remains acohol free to this day) Personally, I believe his PO is a bit of a zealot. She's new to this field and worked for child protective services, cause for bias.  I've tried going up the chain of command, but that was futile.   

Now he's going to be up for a "maintence polygragh".  He is convinced it is all set up to make people fail. He thinks he should save his 200.00 because " they'll send me back to prison if I fail anyway". And this ends up costing the taxpayer.

It's a real shame that one person like a PO can have absolute control over a persons life.  Making people feel hopeless, doesn't help them.

cat

I say again. He needs to talk to a lawyer. If he has never been convicted of a sex crime, he CANNOT legally be forced into a SO program. Sounds like the PO and the treatment provider have a monitary deal going. For the life of me, I can't see how anyone who is innocent would take this crap and not defend themselves. The whole program is open to this scam. They are not monitored by any state agencies to my knowledge. Of coarse, "roll over and play dead and you'll get dirt thrown in your face every time".

sackett

I agree with your last sentance. That's why I strongly suggest a lawyer. However, cat said the parole board dismissed the sex "allegation" which tells me a sex crime was alledged but never prosecuted because there was no sex conviction. Without a conviction to a charge, a judge can't legally apply punishment for that charge no matter what state he's in. I believe any appellate court, especially federal appellate courts if it gets that far, would kick it out without a hearing. He/she was sent back because of falling off the wagon. I fail to see how falling off the wagon could be sexually motivated. An extremely puntitive mind might apply it, but doesn't make it so. I am not advocating lightening the load of a convicted SO either.

We both only can go by what we read.