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

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Category 2: Persistence of Sexual Offending<br />

the charge for which the offender missed his court date is counted as a<br />

sentencing occasion.<br />

Failure to Register as a Sexual Offender<br />

Failure to register as a sexual offender is not counted as a sentencing occasion<br />

for a sexual offence, but can count as a non-sexual sentencing occasion (see<br />

page 82).<br />

Juvenile Extension of Detention<br />

In some states it is possible for a juvenile to be sentenced to a<br />

detention/treatment facility for a sexual offence. At the end of that term of<br />

incarceration it is possible to extend the period of detention. Even though a judge<br />

and a prosecutor are present at the proceedings, because there has been no<br />

new crime or charges/convictions, the extension of the original order is not<br />

considered a sentencing occasion for a sexual offence.<br />

Juvenile Offences<br />

Both adult and juvenile sentencing occasions for a sexual offence count in this<br />

item.<br />

In some jurisdictions, it is possible for juvenile offenders to get convicted of a<br />

sexual offence whereas in other jurisdictions the juvenile has a “petition<br />

sustained,” is “adjudicated delinquent,” or other phrase essentially of the same<br />

meaning. For the purposes of scoring <strong>Static</strong>-<strong>2002</strong>, these are equivalent to an<br />

adult conviction because there are generally liberty-restricting consequences.<br />

Any jurisdictional dispositions meaning a juvenile is convicted would count as a<br />

sentencing occasion for a sexual offence.<br />

There have been cases where a juvenile has been removed from his home by<br />

judicial action under a “Person In Need of Supervision” (PINS) petition due to<br />

sexual aggression. This counts as a sentencing occasion for a sexual offence.<br />

In contrast, placement as a juvenile in a state sanctioned “home” for sexual<br />

crimes does not count as a sentencing occasion, nor would moves from one<br />

facility to a more secure facility. Such actions, however, can count as charges<br />

(see next item regarding prior juvenile arrest for a sexual offence).<br />

Mentally Disordered and Developmentally Delayed Offenders<br />

Some offenders suffer from sufficient mental impairment (major mental illness,<br />

developmental delays) that criminal justice intervention is unlikely. Informal<br />

hearings and sanctions, such as placement in treatment facilities and residential<br />

moves as a result of their illegal sexual behaviour, do not count as a sentencing<br />

32

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