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

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Category 2: Persistence of Sexual Offending Appeal Convictions overturned on appeal do not count as a sentencing occasion for a sexual offence. Child Protection Services Being “detected” by the Children’s Aid Society or other child protection services does not count as a sentencing occasion for a sexual offence, even if the child protection service applies a sanction (e.g., the children are taken away from the offender, or the offender is asked to leave the home). Clergy For members of religious groups (clergy), some movement within their own organization can count as a sentencing occasion for a sexual offence. The offender has to receive some form of official sanction in order for it to count as a sentencing occasion for a sexual offence. An example of this would be the “defrocking” of a priest or minister or being publicly denounced. Another example would be where an offender is transferred within the organization and the receiving institution knows they are receiving a sex offender and considers it part of their mandate to help him with his problem or provide treatment for the individual. This would function as equivalent to being sent to a correctional institution and would count as a sentencing occasion for a sexual offence. For clergy, being transferred to a new parish with no formal sanction does not count as a sentencing occasion for a sexual offence. For information on other professions that involve a position of authority, see page 35. Conditional Discharges Where an offender has been charged with a sexual offence and receives a conditional discharge, for the purposes of <strong>Static</strong>-<strong>2002</strong> a conditional discharge counts as a sentencing occasion for a sexual offence. (A “conditional discharge” can occur in Canada when a person is found guilty of an offence but is given conditions for release into the community that, if followed, result in the conviction being removed from their record.) Consent Decree Consent Decree counts as a sentencing occasion for a sexual offence. 30
Category 2: Persistence of Sexual Offending Court Supervision In some states it is possible to receive a sentence of court supervision, where the court provides some degree of minimal supervision for a period (one year). This is similar to probation and counts as a sentencing occasion for a sexual offence. Diversionary Adjudication If a person commits a criminal offence as a juvenile or as an adult and receives a diversionary adjudication, this counts as a sentencing occasion for a sexual offence. Examples include what has been termed restorative justice, reparations, family group conferencing, and community sentencing circles. It is not uncommon for an alternative sanction to be determined and for formal criminal justice processing to be deferred to a later date. For example, an offender may be required to attend treatment, and, if successful, would expect to receive a lenient sentence at a later date (or the charges would be dropped). In such cases, the date of the imposition of the alternative measure counts as the date of the sentencing occasion (not the date of a subsequent formal conviction and/or sentencing). Extension of Sentence by a Parole Board (or similar) If an offender is assigned extra time added to his sentence by a parole board for a sexual offence this counts as an additional sentencing occasion for a sex offence if the new time extended the total sentence. This would not count as a sentencing occasion for a sex offence if the additional time was to be served concurrently or if it only changed the parole eligibility date. This situation is presently not possible in Canada. The only exception to this rule is for “Lifers,” Dangerous Offenders, and others with indeterminate sentences. For offenders with indeterminate sentences, if their parole is revoked and they are returned to prison for a sex offence, this counts as a sentencing occasion. The rationale for this difference is that in general, the standard of proof necessary to return an offender to prison without adding additional time to their sentence is insufficient to meet the standards that typically define a sentencing occasion (e.g., a conviction). However, for offenders with an indeterminate sentence, even when there is enough evidence to obtain a conviction, it is rare to charge the offender with the new offence. Failure to Appear If an offender fails to appear for sentencing for a sex offence, this is not counted as a sentencing occasion. Only the final sentencing (or the date of conviction) for 31
Page 2 and 3: © Her Majesty the Queen in Right o
Page 5 and 6: Table of Contents Coding Rules for
Page 7 and 8: CATEGORY IV: RELATIONSHIP TO VICTIM
Page 9: Acknowledgements We would like to t
Page 12 and 13: some occasions. That legal procedur
Page 14 and 15: sexual violence did not add increme
Page 16 and 17: information can be used to count th
Page 18 and 19: - Balance of Probabilities (a.k.a.,
Page 21: Category 1: Age CATEGORY I: AGE (Sc
Page 24 and 25: Category 2: Persistence of Sexual O
Page 53 and 54: 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
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Page 87 and 88: Category 5: General Criminality Sen
Page 89 and 90: Category 5: General Criminality b)
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Category 5: General Criminality Spe
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Category 5: General Criminality Juv
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Category 5: General Criminality Rev
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Category 5: General Criminality Off
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Category 5: General Criminality He
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Category 5: General Criminality Exa
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Category 5: General Criminality Rul
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Category 5: General Criminality Co
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References Barbaree, H. E., & Blanc
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Appendix I Static-2002 Coding Form
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Appendix II Frequencies and Percent
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Appendix III Recidivism Rate Table
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Appendix V Standard Paragraph for R
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isk within the empirically derived
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Thornton in the low risk category.
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