Static-2002 coding rules (2009) - Static-99
Static-2002 coding rules (2009) - Static-99
Static-2002 coding rules (2009) - Static-99
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
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