Static-2002 coding rules (2009) - Static-99

Category 5: General Criminality
He is immediately arrested, denied bail, and held in remand custody until his
conviction, which occurs 49 months after his release from the prior offence. In
this case, the offender scores a zero on this item, because more than 36 months
passed before the index was committed, and more than 48 months passed
before he was convicted of the index. For the time until conviction, it does not
matter that he was in remand custody for the index offence and that the 49
months was not all time spent on the street.
“Release” means from court, jail, prison, psychiatric hospital, or the like.
“Release” does not include from any form of community supervision such as
parole or probation. The offender is considered “free” (in the community) when
placed on parole, probation, or other types of community supervision, or released
without any conditions from any institution into the community. If the previous
involvement was a conviction with a non-custodial sentence (e.g., probation),
then the conviction date would count as the “release” and the beginning of the
time free.
“Years free” is defined as the time spent living in the general community under
any of the following circumstances:
Without any mandated supervision of any kind
Under parole conditions
Under probation conditions
Under supervised release
Under conditional release
Under GPS (Global Positioning System) monitoring
While on bail
While under court order to return to court on certain date (e.g., released
under own recognizance)
While living in a psychiatric facility or chemical dependency treatment
facility on a voluntary basis (i.e., for treatment)
“Years free” is not counted for time under any of the following circumstances:
Living in an institution but with work release (e.g., day time release to
work)
While on escape or elopement status no matter where the offender is
living
While living in a treatment facility on an involuntary basis (i.e., based on a
court determination of relevant dangerousness and/or in lieu of further
criminal proceedings and/or to obtain a postponement of legal
proceedings concerning one or more criminal charges)
While living in the community under severe restrictions such that the
opportunities to offend would be similar to those in institutional settings
(e.g., house arrest, some forms of community supervision)
Previous involvement with the law need not be a conviction. It can include
arrests, charges, or a community supervision violation. Both adult and juvenile
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