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

Category 5: General Criminality
Revocation of Conditional Release for “Lifers,” Dangerous Offenders, and
Others with Indeterminate Sentences
If a “lifer,” Dangerous Offender, or other offender with an already imposed
indeterminate sentence is simply revoked (returned to prison from conditional
release in the community without trial) for criminal behaviour that is of sufficient
gravity that a person not already involved with the criminal justice system would
most likely be convicted of a criminal offence, this revocation of conditional
release counts as a “Prior Sentencing Occasion.” Note: the evaluator should be
confident that were this offender not already under sanction that a criminal
charge would be laid by police and that a conviction would be highly likely.
Revocations for violations of conditional release conditions, so called “technicals”
(drinking violations, failure to report, being in the presence of minors), are
insufficient to stand as a sentencing occasion.
Stayed Charges/Sentences
Stayed charges/sentences take different forms in different jurisdictions. If there is
a sanction associated with the stay of proceedings (e.g., stayed pending
attendance in community treatment), stayed charges would count as a
sentencing occasion, similar to other forms of alternative measures. They should
not be considered sentencing occasions if there is no finding or admission of
guilt, and no associated sanction (formal or informal).
Suspended Sentences
A suspended sentence in Canada counts as a sentencing occasion.
Unfit To Stand Trial
Being found unfit to stand trial does not count as a sentencing occasion, even if
the offender is detained for treatment. A declaration of unfit to stand trial
essentially halts criminal proceedings. If the offender subsequently receives a
finding of guilt (e.g., a conviction or its equivalent), then the subsequent sanction
would be counted.
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