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

Category 2: Persistence of Sexual Offending
2. Prior Sentencing Occasions for Sexual Offences
Background: Sentencing occasions were selected as the measure of prior
sexual offences because it was consistently recorded on the criminal history
records and predicted sexual recidivism as well or better than the other indicators
considered (e.g., arrests, total number of convictions).
Information Required to Score this Item: To score this item you must have
access to an official criminal record as compiled by police or other law
enforcement agency, court, or correctional authorities. Self-report of criminal
convictions may not be used to score this item except in specific rare situations
(see subsection “Official Criminal Record,” page 5).
The Basic Rule: To be a prior sentencing occasion for a sexual offence the
offender must attend court, admit to the offence or be found guilty, and receive
some form of sanction. The index sexual offence is excluded in this item. Count
the number of distinct occasions on which the offender was sentenced for a
sexual offence prior to the index sex offence. If the offender has no prior
sentencing occasions for sexual offences, score a "0." If the offender’s criminal
record indicates one prior sentencing occasion for a sexual offence, the item
score is "1." If the offender’s criminal record indicates 2 or 3 prior sentencing
occasions for a sexual offence, the item score is "2." If the offender’s criminal
history indicates 4 or more prior sentencing occasions for a sexual offence, the
offender receives a score of "3." This is reflected in the table below:
Prior Sentencing Occasions Item Score
for Sexual Offences
0 0
1 1
2, 3 2
4 or more 3
Definition: Sentencing Occasion
A sentencing occasion is when the offender attends court, admits to the offence
or is found guilty, and receives some form of sanction (fine, prison, conditional
sentence). A determination of disposition by a court following a finding of not
criminally responsible due to mental disorder (or its equivalent) also counts for a
sentencing occasion if that disposition involves either institutional and/or
mandated community sanction/care. Offenders may be convicted of more than
one offence at the same sentencing occasion. Count both adult and juvenile
sentencing occasions.
If a person commits a criminal offence as a juvenile or as an adult and receives a
diversionary adjudication (i.e., an alternative sanction), this counts as a
sentencing occasion for a sexual offence. Examples include what has been
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