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

Category 5: General Criminality
as adults but where it is possible to be sent to a “camp,” “home,” or “placement”
as a result of sexual misbehaviour, this counts as prior involvement with the
criminal justice system. For juveniles moved from a residential facility to a more
secure facility as a result of sexual misbehaviour, the move to a more secure
facility is counted as prior involvement with the criminal justice system.
Dismissals
Being charged with an offence but subsequently having the charge dismissed
counts as prior involvement in the criminal justice system.
Failure to Appear
If an offender fails to appear for sentencing for their index sex offence, this is not
counted as prior involvement with the law because it occurred after the
commission of the index offence.
Graduated Penalty Offences
In some jurisdictions, an offence committed once is not punishable by jail or a
community sentence, but can only be punished by a fine. Further offending of the
same type, however, can lead to a jail sentence. For example, a first offence of
driving while intoxicated (or under the influence) may maximally lead to a fine,
but subsequent adjudications of guilty for driving while intoxicated (or under the
influence) can each result in a jail sentence. If a behaviour can eventually lead to
jail and/or community supervision, it counts as prior involvement with the criminal
justice system, even on the first offence.
Index Clusters and Pseudo-Recidivism
The rules regarding index clusters and pseudo-recidivism do not change but they
may lead to different conclusions in this item because the threshold is an arrest
as opposed to a sentencing occasion. For example, if an offender committed a
theft, was arrested, and then committed the index sex offence while on bail and
was later convicted for both offences on the same occasion, these offences
would not count as two separate sentencing occasions (because the offender
had not been sanctioned for the theft prior to committing the index offence) and
would be considered an index cluster. In this item, the theft can count as a prior
involvement in the criminal justice system because the offender was arrested for
a previous offence before committing the index sex offence (which meets the
threshold for this item but does not meet the threshold for a separate sentencing
occasion).
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