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

Category 2: Persistence of Sexual Offending
offender did not choose to commit the index sexual offence after being
sanctioned for the non-sexual assault.
Example No. 3
Richard Jones sexually offends between 1976 and 1979. He commits a sexual
offence in 1988 and is sentenced in 1989. He commits a sexual offence in 2002.
Due to publicity for this offence, his victims from the 1970s come forward and he
is convicted and sentenced for the 2002 offence as well as the historical offences
from the 1970s.
In this example, the offences from the 1970s are part of the index cluster. The
sexual offence in 1988 is a prior. Even though it occurred after the historical
offences, it still occurred and was sanctioned before the 2002 sexual offence that
formed part of the index cluster.
Example No. 4
James Smith sexually offends between 1976 and 1979. He commits a sexual
offence in 1992 and is sentenced in 1995. In 2002 he is convicted for the
offences in the 1970s.
Even though the two sentencing dates are almost a decade apart, they are
considered an index cluster because the offences for which the offender was
sentenced in 2002 were not committed after the offender was sanctioned in
1995.
Example No. 5
Peter Davidson is charged with incest (offence A) and the charges are stayed
pending attendance in community treatment. Halfway through treatment, he
commits a new sexual offence (offence B). He is subsequently convicted for the
original offence (offence A) and sentenced. The second offence (offence B) does
not result in any separate charge or conviction but is implicitly used as a reason
for sentencing for offence A (inability to conform to the demands of community
treatment).
In this example, the date of the original stayed charge (for offence A) counts as a
sentence date under the alternative sanction rule. The subsequent reinstatement
of normal criminal justice processes (conviction and sanction) does not count
separately as a new sentencing occasion for offenders who were originally given
alternative sanctions. The effect of the reinstatement of conviction and sentence
is not to move the index date, but potentially to result in one extra point for "Any
Community Supervision Violation." Note that this example has two court dates for
offence A: the date of alternative sanction and the ultimate date of conviction and
sentence (due to non-compliance with alternative sanction). The combination of
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