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

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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 <strong>rules</strong> 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). 72
Category 5: General Criminality Juvenile Offences Both adult and juvenile arrests and charges count for prior involvement with the criminal justice system. Arrests count, but children must be at the age of criminal responsibility. For example, in a jurisdiction where the age of criminal responsibility is 12, if a 10- year old child is caught breaking into a residence and is apprehended by the police and taken to the police station, this would not count as prior involvement with the criminal justice system because it is not legally possible to charge the child with an offence. Missing Information Some criminal history information may only record convictions (not arrests or charges). If information on arrests and charges is not available, this item can be scored on the basis of convictions only. Not Criminally Responsible due to Mental Disorder Being charged with an offence and found “Not Criminally Responsible due to Mental Disorder” (or any equivalent, such as Not Guilty by Reason of Insanity or Guilty But Insane) counts as prior involvement in the criminal justice system. Not Guilty Being charged with an offence and found “Not Guilty” counts as prior involvement in the criminal justice system (note that it does not count as a sentencing occasion). Peace Bonds, Judicial Restraint Orders, and “810” Orders In some instances a Peace Bond/Judicial Restraint Order/810 Orders are placed on an offender when sexual charges are dropped or dismissed or when an offender leaves jail or prison. These orders are typically preventative in nature and are placed on offenders who have been previously involved in the criminal justice system. However, there are some occasions when these orders can be used reactively as a sanction for criminal behaviour (e.g., after a domestic violence incident, the offender enters a peace bond in exchange for dropping the charges). The use of these orders as a sanction for criminal behaviour counts as prior involvement in the criminal justice system (note that it does not count as a sentencing occasion). 73
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© Her Majesty the Queen in Right o
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Table of Contents Coding Rules for
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CATEGORY IV: RELATIONSHIP TO VICTIM
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Acknowledgements We would like to t
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some occasions. That legal procedur
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sexual violence did not add increme
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information can be used to count th
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- Balance of Probabilities (a.k.a.,
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Category 1: Age CATEGORY I: AGE (Sc
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Category 2: Persistence of Sexual O
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Page 32 and 33: 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: Category 5: General Criminality 10.
Page 85 and 86: Category 5: General Criminality 11.
Page 87 and 88: Category 5: General Criminality Sen
Page 89 and 90: Category 5: General Criminality b)
Page 91 and 92: Category 5: General Criminality Spe
Page 93 and 94: Category 5: General Criminality Juv
Page 95: Category 5: General Criminality Rev
Page 98 and 99: Category 5: General Criminality Off
Page 100 and 101: Category 5: General Criminality He
Page 102 and 103: Category 5: General Criminality Exa
Page 104 and 105: Category 5: General Criminality Rul
Page 106 and 107: Category 5: General Criminality Co
Page 108 and 109: References Barbaree, H. E., & Blanc
Page 111 and 112: Appendix I Static-2002 Coding Form
Page 113 and 114: Appendix II Frequencies and Percent
Page 115: Appendix III Recidivism Rate Table
Page 119 and 120: Appendix V Standard Paragraph for R
Page 121: isk within the empirically derived
Page 124 and 125: Thornton in the low risk category.
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