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

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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 For offenders with indeterminate sentences, if their parole was revoked and they were returned to prison for a new offence, this counts as a sentencing occasion.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
Category 5: General Criminality Juvenile Offences Both adult and juvenile sentencing occasions count in this item. In some jurisdictions, it is possible for juvenile offenders to get convicted of an offence whereas in other jurisdictions the juvenile has a “petition sustained,” is “adjudicated delinquent,” or other phrase essentially of the same meaning. For the purposes of scoring <strong>Static</strong>-<strong>2002</strong>, these are equivalent to an adult conviction because there are generally liberty-restricting consequences. Any jurisdictional dispositions meaning a juvenile is convicted would count as a sentencing occasion. There have been cases where a juvenile has been removed from his home by judicial action under a “Person In Need of Supervision” (PINS) petition due to offending behaviour. This counts as a sentencing occasion. In contrast, placement as a juvenile in a state sanctioned “home” for committing offences does not count as a sentencing occasion, nor would moves from one facility to a more secure facility. Such actions, however, can count as charges for the items "Any Juvenile Arrest for a Sexual Offence" and "Any Prior Involvement in the Criminal Justice System." Mentally Disordered and Developmentally Delayed Offenders Some offenders suffer from sufficient mental impairment (major mental illness, developmental delays) that criminal justice intervention is unlikely. Informal hearings and sanctions, such as placement in treatment facilities and residential moves as a result of their criminal behaviour, do not count as a sentencing occasion. Such actions, however, can count as arrests for the item "Any Prior Involvement in the Criminal Justice System." Military If an “undesirable discharge” is given to a member of the military as the direct result of criminal behaviour (something that would have attracted a criminal charge were the offender not in the military), this would count as a sentencing occasion. However, if the member left the military when he normally would have and the “undesirable discharge” is equivalent to a bad job reference then the criminal behaviour does not count as a sentencing occasion. If an offender is given a sanction (military brig or its equivalent) for a criminal offence rather than a purely military offence (e.g., failure of duty) this counts as a sentencing occasion. Pure military offences (insubordination, not following a lawful order, dereliction of duty, conduct unbecoming, etc.) do not count as sentencing occasions. 83
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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 42 and 43: 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 and 82: Category 5: General Criminality 10.
Page 83 and 84: Category 5: General Criminality Juv
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: Category 5: General Criminality Spe
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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Static-2002 coding rules (2009) - Static-99

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