Sex Offender Task Force Meets

The Sex Offenders in Nursing Homes Task Force of the Virginia Crime Commission met on October 27th.   The task force is made up of legislators who serve on the Crime Commission, Delegate Morgan Griffith (who introduced the 2006 legislation requiring notification of residents and family members if a nursing facility (NF) has a resident who is a convicted sex offender) and VHCA.  Representatives of state agencies and other provider groups also were in attendance at the meeting.  VHCA member Sandra Ranicki attended the meeting to answer questions regarding real life situations nursing and assisted living facility administrators face.

The task force is examining (1) the extent to which convicted sex offenders reside in Virginia nursing and assisted living facilities (ALF), (2) the number of prisoners being released on geriatric parole, (3) ways to protect NF and ALF residents from sex offenders, (4) current procedures to protect residents from other residents whose behaviors present a risk, (5) notification and monitoring of sex offenders in residential facilities, and (6) treatment options available in NFs and ALFs for residents whose behaviors present problems.

The task force thoroughly discussed the issue of sex offenders, other criminal offenders and residents whose behaviors present problems in NFs and ALFs.  The Task Force believes problem will increase with time as prisoners receive geriatric parole and sooner or later need residential care. 

The task force members asked Crime Commission staff to investigate the cost of opening beds in state geriatric psych units for residents whose behaviors have exceeded the facility’s ability to care for them.  Legislators on the Task Force also asked the staff to draft language for the following recommendations for legislative changes to nursing facility and assisted living facility statutes:

• Require NFs and ALFs, before admitting a resident, to check the person’s name and address against the state’s sex offender registry.
• Increase the level of offense in the barrier crimes statutes for someone lying about his or her criminal background when applying for a job in a NF or ALF.
• Require all NFs and ALFs to sign up to get regular notification from the sex offender registry.
• Instead of a requirement that facilities notify all residents and families if there is a convicted sex offender residing in the facility, as part of the admission process, advise the resident and/or family of the existence and service of the sexual offender registry.  The family then can check the sex offender registry to see if convicted sex offenders live in or near the facility.

The Crime Commission staff was asked to bring these language drafts to the December 12th meeting of the full Crime Commission for its decision whether to introduce legislation in the 2007 Session.