Practice Corner
The Sex Offender Management Board (SOMB) approved revisions to the Polygraph
Examination of Juveniles Who Have Committed Sexual Offenses Section 6.000 of the Juvenile
Standards and Guidelines on April 19, 2019. This Section outlines specific requirements prior to
administering a polygraph examination to a juvenile who has committed a sexual offense:
Section 6.050 – Rationale for Use
Section 6.100 – Suitability Criteria/Exclusionary Factors for Polygraph Testing
Section 6.120 – Appropriateness Criteria
The Standards now require approved treatment providers and multidisciplinary teams (MDTs) to
assess whether to use the polygraph, or not, with a juvenile who has committed a sexual offense
based on individual risk and need. If the approved treatment provider and MDT determine that
the polygraph should be used based on risk and need (such as cases with high or difficult to
manage risk), then the rationale for use should be documented.
Once the rationale has been determined to proceed with a polygraph examination of the juvenile
who has committed a sexual offense, then the suitability criteria/exclusionary factors, and
appropriateness criteria shall be reviewed to determine whether the juvenile is suitable and
appropriate to take a polygraph examination.
If the juvenile is determined to be suitable and appropriate to take a polygraph examination, the
juvenile can then be referred to take the polygraph exam. However, the polygraph examiner is
empowered to make the final determination of suitability for the juvenile to take the polygraph
examination.
Following completion of the examination, the approved treatment provider and MDT shall again
consider rationale, suitability, and appropriateness before each subsequent polygraph
examination.
Section 6.000 goes on to highlight specific requirements for polygraph examiners in
administering a polygraph examination to a juvenile who has committed a sexual offense. The
Section also highlights the limitations of the use of polygraph examination results as follows:
Standard 6.171 notes, “Information and results obtained through polygraph examination shall be
considered, but shall not become the sole basis for decisions regarding transition, progress, and
completion of treatment.”
For more information related to the Polygraph Examination of Juveniles Who Have Committed
Sexual Offenses Section 6.000 of the Juvenile Standards and Guidelines, please feel free to
contact the staff of the SOMB.