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

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Category 5: General Criminality Convictions for sexual battery (U.S. Charge) – A conviction under this charge is scored only as a sexual sentencing occasion – Do not code as Non-sexual Violence. In <strong>Static</strong>-<strong>2002</strong>, a sentencing occasion is either a Sexual Sentencing Occasion or a Non-sexual Violence Sentencing Occasion (not both). Alternately, a sentencing occasion could be neither sexual nor violent (e.g., theft). Any offence that indicates non-sexual violence by name but the behaviours or intent indicate a sexual offence should be coded as a “Prior Sentencing Occasion for a Sexual Offence” and not non-sexual violence. Homicide – With a Sexual Component A sexual homicide offender who solely gets convicted of murder does not receive a risk point for “Non-Sexual Violence.” This murder only counts as a sexual sentencing occasion. Military If an “undesirable discharge” is given to a member of the military as the direct result of a violent offence (i.e., striking an officer) this counts as a “Non-Sexual Violence” sentencing occasion and as an “Prior Sentencing Occasion for Anything.” However, if the member left the military when he normally would have and the “undesirable discharge” is equivalent to a bad job reference, this offence does not count as “Non-sexual Violence” or as a “Prior Sentencing Occasion for Anything.” Resisting Arrest Resisting Arrest does not count as non-sexual violence. In Canadian and United States law this charge can apply to individuals who run from an officer or who hold onto a lamppost to delay arrest. If an offender fights back he will generally be charged with “assault to a peace/police officer” which counts as non-sexual violence. Alternately, "assault with intent to resist arrest" would also count as non-sexual violence. Revocation of Conditional Release for “Lifers,” Dangerous Offenders, and Others with Indeterminate Sentences If a “lifer,” Dangerous Offender, or other offender with an already imposed indeterminate sentence has been revoked (returned to prison from conditional release in the community without trial) for a non-sexual violent offence that happened prior to the index sexual offence (or at least one of the offences within an index cluster) this revocation stands as a conviction for non-sexual violence if that non-sexually violent act were sufficient that it would generally attract a separate criminal conviction for a violent offence. Note: The evaluator should be 96
Category 5: General Criminality confident that were this offender not already under sanction that it is highly likely that a violent offence charge would be laid by police and a conviction would be highly likely. Weapons Offences Weapons offences do not count unless the weapon was used in the commission of an offence. For example, an offender might be charged with an offence and then in a search of the offender’s home the police discover a loaded firearm. As a result, the offender is convicted, in addition to the original offence, of unsafe weapons storage. This does not count as a sentencing occasion for non-sexual violence as the weapons were not used in the commission of an offence. A sentencing occasion for Possession of a firearm or Possession of a firearm without a license generally does not count as a non-sexual violent offence. A conviction for Pointing a firearm generally does count as non-sexual violence as long as the weapon was used to threaten or gain victim compliance. Intent to harm or menace the victim with the weapon must be present in order to score a point on this item. 97
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© Her Majesty the Queen in Right o
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Table of Contents Coding Rules for
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CATEGORY IV: RELATIONSHIP TO VICTIM
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Acknowledgements We would like to t
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some occasions. That legal procedur
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sexual violence did not add increme
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information can be used to count th
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- Balance of Probabilities (a.k.a.,
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Category 1: Age CATEGORY I: AGE (Sc
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Category 2: Persistence of Sexual O
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Category 3: Deviant Sexual Interest
Page 55 and 56: Category 3: Deviant Sexual Interest
Page 63: Category 3: Deviant Sexual Interest
Page 67: Category 3: Deviant Sexual Interest
Page 71 and 72: Category 4: Relationship to Victims
Page 73: Category 4: Relationship to Victims
Page 76 and 77: Category 4: Relationship to Victims
Page 79 and 80: Category 5: General Criminality CAT
Page 81 and 82: Category 5: General Criminality 10.
Page 83 and 84: Category 5: General Criminality Juv
Page 85 and 86: Category 5: General Criminality 11.
Page 87 and 88: Category 5: General Criminality Sen
Page 89 and 90: Category 5: General Criminality b)
Page 91 and 92: Category 5: General Criminality Spe
Page 93 and 94: Category 5: General Criminality Juv
Page 95: Category 5: General Criminality Rev
Page 98 and 99: Category 5: General Criminality Off
Page 100 and 101: Category 5: General Criminality He
Page 102 and 103: Category 5: General Criminality Exa
Page 104 and 105: Category 5: General Criminality Rul
Page 108 and 109: References Barbaree, H. E., & Blanc
Page 111 and 112: Appendix I Static-2002 Coding Form
Page 113 and 114: Appendix II Frequencies and Percent
Page 115: Appendix III Recidivism Rate Table
Page 119 and 120: Appendix V Standard Paragraph for R
Page 121: isk within the empirically derived
Page 124 and 125: Thornton in the low risk category.
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Static-2002 coding rules (2009) - Static-99

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