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

Category 5: General Criminality
It does not count as a sentencing occasion if the additional time was designated
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offenders with indeterminate sentences, if their parole was revoked and they
were returned to prison for a new 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, this is not counted as a sentencing
occasion. Only the final sentencing for the charge for which the offender missed
the sentencing occasion is counted as a sentencing occasion.
Failure to Register as a Sexual Offender
If an offender receives a formal legal sanction, having been convicted of failing to
register as a sexual offender, this conviction counts as a sentencing occasion. It
should be noted, however, that charges and convictions for failure to register as
a sexual offender are not counted as sentencing occasions for sexual offences.
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 or a prior sentencing occasion, even on the first offence.
Juvenile Extension of Detention
In some states it is possible for a juvenile to be sentenced to a Detention/
Treatment facility. At the end of that term of incarceration it is possible to extend
the period of detention. Even though a judge and a prosecutor are present at the
proceedings, because there has been no new crime or charges/convictions, the
extension of the original order is not considered a sentencing occasion.
82