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Author
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Topic: LE doing PCSOTs
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Barry C
Member
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posted 06-18-2008 02:26 PM
  
What is the general consensus on law enforcement officers conducting PCSOT on the side? Does ATSA take a stand on it? I know there are opinions for and against, but what are the reasons for each side, and do any jurisdictions not allow LE to runs such tests?IP: Logged |
sackett
Moderator
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posted 06-18-2008 04:26 PM
Barry,I am not aware of any LE personnel doing full PCSOT testing, including sexual history. As support to the NV Parole and Probation, I conduct maintenance/monitoring testing in PCSOT format, but not sexual history. The issue, as I see it, is that sexual history testing is instant offense backwards, and in support of therapy and is not a supervisory issue. Therefore sexual history testing would not be in the normal line of operations for LE personnel (unless of course they are conducted privately and possibly opening the door for the potential for a conflict). Jim IP: Logged |
Barry C
Member
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posted 06-18-2008 04:30 PM
I should have been more clear - I meant on the side and not for their agencies.IP: Logged |
polypro
Member
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posted 06-18-2008 06:33 PM
I've been asked to conduct that type of exam, and I've declined. I'm not trained in such, and the first to admit it. I'll leave it to the experts. I haven't the slightest idea what PCSOT examiners do. A few years ago, I was asked for a recommendation for someone to conduct exams on behalf of an insurance company. The answer is always the same - look in the phone book.[This message has been edited by polypro (edited 06-18-2008).] IP: Logged |
Buster
Member
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posted 06-18-2008 07:00 PM
I know a Sgt. that does it on the side(PA). I don't see a problem with it as long as we trust ourselves to know when it would be a conflict of interest. I think the famous word "reasonable" --that those of us that have LE in our history heard all the time-- sums it up. Is it reasonable to test the local molester? No. How about a guy in treatment that lives 30-50 miles away? I don't see a problem.I am certified, but in New Jersey only State Parole will conduct them. That's alot of money some retired guys in the Jersey Polygraph Association are missing out on. My department would have no clue what PCSOT is to take a stand on it, but it's irrelevant because the Parole will be the only testers, and they are only in a pilot now. [This message has been edited by Buster (edited 06-18-2008).] IP: Logged |
Ted Todd
Member
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posted 06-19-2008 12:55 AM
In California, if you are a Cop, you are a MANDATORY REPORTER. Even if you are doing it on the side. I see this as a huge conflict in California. I am certified but do not do any PCSOT.
Ted
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Barry C
Member
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posted 06-19-2008 05:50 AM
Here in Maine BOTH LE and clinicians are mandated reporters, so even if a non-LE examiner gets info and it makes it to the clinician, then that person is supposed to report it.IP: Logged |
ebvan
Member
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posted 06-19-2008 11:19 AM
Oklahoma is a shall report state as well. I know in texas many LE examiners do PCSOT testing and the examinee is told by the treatment professional which specific details could lead to additional charges and a mandatory reporting by either the examiner or the treatment providor. It seemd to work OK. ------------------
Ex scientia veritas IP: Logged |
Poly761
Member
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posted 06-22-2008 12:16 PM
Law enforcement personnel will always be involved in a conflict when involved in PCSOT. Criminal exams should not be done in a private setting by a full-time law enforcement officer!What to do if the examinee admits to a rape, child molest, etc., to an off-duty examiner that is a full-time officer? END..... IP: Logged |
ebvan
Member
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posted 06-22-2008 06:21 PM
Well Poly761, I'll answer your question.First PCSOT is not a criminal examination. Have you attended the training? Now to your question:
"What to do if the examinee admits to a rape, child molest, etc., to an off-duty examiner that is a full-time officer?" If he lives in a mandatory reporting state like Texas, Oklahoma, or 14 others and Puerto Rico he does EXACTLY what a private polygraph examiner, or a Psychiatrist or a Psychologist, or a Medical Doctor or a School Teacher or a Next Door Neighbor or even their attorney does. He notifies the appropriate authorities or faces criminal charges. What do the statutes say in your state? Treatment providers in these states routinely instruct offenders how to withhold certain details from both them and the examiner to avoid triggering mandatory reporting. This way everyone can work toward the treatment goals without violating the law. If you think that a Law Enforcement Officer Examiner somehow has a greater conflict than a private examiner in a mandatory reporting state I suggest you do some further research.
ebv ------------------
Ex scientia veritas [This message has been edited by ebvan (edited 06-22-2008).] IP: Logged |
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