Summary
The Rhode Island Supreme Court reviewed the classification of Cesare Decredico as a level II sex offender based on the STABLE-2007 risk-assessment tool. The Court held that the STABLE-2007 was not validated for the petitioner, a noncontact offender, and that the record did not show reasonable means were used to collect and score information concerning his problem-solving skills. The Court vacated the Superior Court judgment and remanded for a new risk-level and notification determination.
Topics
Practice areas
Questions Presented
- Whether the STABLE-2007 qualifies as a validated risk-assessment tool under the Sexual Offender Registration and Community Notification Act when used to classify a noncontact offender.
- Whether the State established that reasonable means were used to collect the information used to score Decredico's problem-solving skills in the STABLE-2007.
- Whether the evidence established a prima facie case sufficient to support the Board's level II risk classification.
Holdings
- The STABLE-2007 does not qualify as a validated risk-assessment tool for assigning a nominal risk category to a noncontact offender when its coding manual states that it has been validated only for adult male sex offenders with one identifiable victim, primarily contact offenders.
- The State failed to establish that reasonable means were used to collect the information supporting the one-point problem-solving-skills score because the Board's conclusory tally-sheet explanation did not identify the factual basis for the score or document the required inquiry.
- The evidence did not establish a prima facie case sufficient to justify Decredico's level II classification, and the Superior Court erred in affirming the magistrate's decision.
Key quotations
“It should not be used to estimate recidivism rates or to assign nominal risk categories (e.g., low/moderate/high risk).” (-9-)
“It is critically important for the board to conduct thorough fact-finding and to document its findings transparently.” (-12-)
“The determination that the evidence in the record justifies the proposed level of and manner of notification was clearly erroneous.” (-13-)
Factual background
Decredico pleaded guilty in federal court to possessing child pornography and was sentenced to imprisonment followed by supervised release. After his release, the Rhode Island Sex Offender Board of Review used the STABLE-2007 assessment and other information to classify him as a level II, moderate risk to reoffend. The Board assigned a point for poor problem-solving skills, but its tally sheet did not identify the factual basis for that score or document the information gathered through the assessment process.
Procedural history
After pleading guilty in federal court to possession of child pornography, Decredico was assessed by the Rhode Island Sex Offender Board of Review as a level II, moderate risk to reoffend. A Superior Court magistrate affirmed the classification, and a Superior Court justice accepted the magistrate's decision following de novo review. Decredico appealed to the Rhode Island Supreme Court, which held that the State had not established a sufficient prima facie case and remanded for a new determination by the Board.
Remand instructions
The record is remanded to the Superior Court with instructions to remand the matter to the Rhode Island Sex Offender Board of Review for a new determination of the level and manner of Decredico's risk in accordance with the opinion.