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

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Category 5: General Criminality<br />

Offenders on community supervision sometimes violate conditions of release but<br />

are continued on parole and not returned to custody. For example an offender<br />

may test positive for the use of cocaine and the supervision agent only adds<br />

additional substance abuse treatment as a condition of release. Similarly, an<br />

offender may miss an appointment but call two days later and reschedule, and<br />

the supervising officer may decide not to report the breach. The standard of<br />

violation necessary to be coded for this item can be considered similar to a<br />

charge. If there is a violation hearing though the offender is not returned to<br />

custody, this situation counts as a violation of community supervision. If the<br />

supervising officer makes a note in a report that the offender did not satisfy all<br />

conditions (e.g., was late or missed an appointment), this is not counted as a<br />

violation unless the offender was charged with breaching, returned to custody, or<br />

there was some sort of hearing. There must be an official record of the violation<br />

(e.g., the offender self-reporting that he returned home late from curfew one night<br />

does not count).<br />

If an offender fails to comply with probation and the offender’s probation is<br />

violated or revoked this would be scored as “1”. It is also scored as “1” if the<br />

offender is convicted for a new offence that was committed while on any of the<br />

community supervision orders listed above, even if the conviction does not<br />

include a community supervision violation. If the offender is charged for a new<br />

offence while on community supervision and there is no conviction for the<br />

offence, the evaluator must make a reasonable determination of whether the<br />

offence occurred (if so, the offender is scored for violating community<br />

supervision).<br />

88

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