1. THE STATIC-99R SARATSO (State Authorized Risk Assessment Tool for Sex Offenders)1

2. SARATSO
Individual risk assessment on sexual offenders is mandated by statute PC PC
W&IC 706
SARATSO statutes mandating risk assessments
Parole’s role in risk assessments presentencing explained
W&IC 706- Juveniles must be assessed if presentencing recommends commitment to DJJ

3. SARATSO SRA-FV has been chosen as a dynamic tool
The SARATSO Committee chooses the risk assessment instruments
The Static-99R has been chosen for adult male sex offenders
JSORRAT-II has been chosen for male sex offenders under 18
SRA-FV has been chosen as a dynamic tool
LSCMI has been chosen to predict future violence

4. Static Assessments Will Be Posted Online in 2013
Beginning in 2013, the S-99R score must be posted by DOJ on the public Megan’s Law web site: (PC (b))
Dynamic and LSCMI scores will be available to LEAs only, via DOJ’s sex offender registry (CSAR)
Accuracy will become even more important
Offenders not already scored will have incentive to request to be scored, if low risk
Chelsea’s Law requires scores be posted passed last year.
Offenders already in data base that do not go back on probation or parole may not have been scored-35,000 not scored, 35,000 have been scored

5. Training
The SARATSO Training Committee is in charge of arranging trainings for probation, parole, law enforcement & providers
SARATSO web site:
Agencies/programs scoring risk assessments on sex offenders must send employees to the SARATSO trainings to Train the Trainers every 2 years, or to a CPOC training with a SARATSO trainer
2012 is the year for re-training everyone scoring the Static-99R
If an unscored registrant requests to be scored AND is eligible for scoring under Coding Rules, LEAs can use MOU w/ Probation to do scoring instead of LEA being trained to score the S-99R

6. Trainings (continued)
JSORATT-II trainings occur periodically, at least every 2 years. You will receive notice of how to sign up at In-between, check with Chief Probation Officers of CA about classes.
Probation and Parole trainers must give 8 hour trainings to all department staff who will score the Static-99R.
Static-99R trainings will use the same format as this training. A Power point will be available on the SARATSO web site for your use.

7. SARATSO Attendance Form
All SARATSO trainers must use the SARATSO registration form in order for their classes to be certified as scorers. The form should be filled out by attendees and submitted to SARATSO by the trainer within 3 working days after the training. Form is at:

8. Who must have a Static-99R?
Statute currently requires us to score all 290’s, but coding rules preclude coding on
Registrant with offense free time in community for 10 years
Registrant who only has offenses for prostitution/pandering (excluding minor victim), child porn, pimping and public toileting
Not registrant whose only offense is for statutory rape/OC/etc. (consenting victim)
Scoring template for Probation explains to court why some offenders are not eligible to be scored – see SARATSO web site
Password for private web pages: saratso_personnel

9. When not to Score the Static-99R
PC says probation needs to assess “every eligible person”. Eligible person is defined as someone eligible for assessment under the pertinent SARATSO tool’s Coding Rules (PC (c))
Score only has to be included “if applicable,” meaning if the offender is eligible to be scored (PC 1203)

10. If you cannot score Static-99R use the new template paragraph on the SARATSO website in the Policies and Procedures Manual

11. When do I have to do Static-99R?
At presentencing on index sex offense
Even if no pre-sentencing report, score S-99R if person will be required to register per 290
Score JSORRAT for a juvenile, if Probation is recommending DJJ placement
Give score to court in sealed envelope
Include later in presentencng report, if any
Re-score after a new Index Offense (felony or misdemeanor) (PC 1203(b),(d); W&IC 706 [juves].)

12. Where do I record the Static-99R Score?
Sex offenders probation or parole (use narrative paragraph in template on SARATSO web site)
Probation should record Static-99R or JSORRAT score on Facts of Offense Sheet (FOS), which is sent to DOJ and CDCR and the court.
Probation shd send FOS to CDCR when the sex offender gets a prison sentence with prison packet
CDCR and DSH will be required to record score in a central database, and send scores to DOJ’s HR Sex Offender Program. Any new S-99R score must be sent to DOJ:

13. CSAR CSAR is the DOJ sex offender database
Will show detailed MO information this year
MO collected from Facts of Offense sheet done by Probation pre-sentencing
Victim type, gender
Weapons used
Locations
Paraphilias

14. Access to CSAR To set up a connection to CSAR: Call (916) 227-4123 or
What is the CSAR Internet address?
Info re network:
Only law enforcement and criminal justice staff can access the CSAR.

15. Submitting Risk Scores to DOJ
Static-99R, JSORRAT scores:
Probation: FOS via secure server to
Parole has own system to transfer scores to DOJ
SRA-FV (dynamic risk) and LSCMI (violence risk) scores:
Provider enters LSCMI score online, automatically sent to DOJ –probation doesn’t need to forward this score to DOJ
Tr’mt provider/program hs 30 days to send dynamic SRA-FV score to supervising officer, who sends w/n 5 work days to DOJ at PC

16. Probation Must Get Confidential Docs. Needed for Scoring to Providers
Treatment providers working with sex offenders on supervision are authorized to have access to criminal history, registration records, police reports, probation reports, psych evaluations and rpts., juvenile records, SVP treatment program rpts., etc.- PC (amended by AB 1835 in 2012 to expressly authorize giving these confidential docs. to treatment providers)
Need records to score other risk tools
Parole/probation must provide these to providers
DO NOT give docs. to offender to carry; securely, fax or deliver yourself

17. If you CAN score the Static-99R:
According to Penal Code Section , a sex offender risk assessment must be completed on every person who is required to register as a sex offender. The State-Authorized Risk Assessment Tool for Sex Offenders is the Static‑99R, developed by Hanson and Thornton (1999), which is an actuarial measure of risk for sexual offense recidivism. This instrument has been shown to be a moderate predictor of sexual reoffense potential. The defendant received a total score of ^, which places him in the ^ Risk Category for being charged or convicted of another sexual offense, if he is released on probation.  His risk on release from a prison sentence cannot be calculated until his age at release on parole is known, so the risk score stated herein is predictive of risk at release on probation. If the defendant has a prior conviction for a registrable sex offense, his risk score was calculated based on his age at release on the most recent registrable sex offense. [Add the following section only if the defendant had a non-sexual violent offense after the index sex offense:] Because the defendant had a non-sexually violent offense after his most recent sex offense, his risk is likely higher than that measured on the Static-99R. That is because offenses committed after the most recent sex offense are not considered in Static-99R coding.
The section in yellow is only added if def has a non-sexual violent offense AFTER the index offense. If he doesn’t, then delete it.
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18. If you CANNOT score Static-99R, use the following paragraph:
Penal Code Section requires that the risk assessment score on the Static‑99R be done for every eligible person. Although the defendant is required to register pursuant to Penal Code Section 290, et seq., he is not eligible to be scored on the Static‑99R under the official Coding Rules of the Static‑99R. According to these rules, the Static-99R is not recommended for use: 1) If the offense involve only consenting sexual activity with a peer within three years in age; 2) If the offenses have no identifiable victim (prostitution, pandering, possessing child pornography when there is no identifiable named victim in the photos); or 3) for consenting sex in public places, or indecent behavior with no sexual motive. In addition, the Static-99R is only available for males who are currently over the age of 18 years and who committed the eligible offense while at least 16 years old. Consequently, no risk assessment score is provided as this offense does not fit the criteria for those who can validly be assessed with this risk assessment instrument.
The paragraph will be in the templates. Pick which reason why defendant is not eligible to be scored and delete the other reasons.
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19. When do I have to do another Static-99R?
Even if no pre-sentencing report, if person will be required to register per 290 for the new offense, or for a juvenile, if Probation is recommending DJJ placement
New Index Offense (felony or misdemeanor) (PC 1203(b),(d); W&IC 706 [juves].)
Rescore GPS defendants
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20. Where do I record the Static-99R Score?
In the P&S report, under a separate section, “STATIC-99R RISK ASSESSMENT”. (use narrative paragraph – see attachments)
On the STATIC-99R SCORING WORKSHEET, which will be included with the P&S report as an attachment.
Probation should record Static-99R on Facts of Offense Sheet, which is sent to DOJ
If it is a CDCR recommendation, Probation will send a copy of the FOS to Court with the prison copy of the P&S report. DO NOT attach to court report
CDCR and DMH will be required to record score in a central database, and send scores to DOJ’s HR Sex Offender Program.
Remember if PM is not a new sex offense, submit scoring worksheet under separate cover.
FOS guidelines stating to attach to the report are incorrect and will be corrected.
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21. Submitting the FOS
3 ways to submit the Facts of Offense Sheet or monthly spreadsheet: to
Fax to
Mail to:
HRSOP
4949 Broadway, Rm H-216
Sacramento, CA
NOTE THE NEW ADDRESS AS OF JANUARY 2012
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22. Actuarial Risk Assessment
Considers a number of variables
Provides a specific statistical weight for each variable
Gives a total risk score
Gives an associated risk probability
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23. Static-99R Items 1. Young Aged 18 to 34.9 1 Aged 35 to 39.9 0
Aged 60 or older -3
2 Ever lived with a lover for two years
3. Index non-sexual violence-any convictions 0-1
4. Prior non-sexual violence-any convictions
NO MORE OVERRIDE POSSIBLITIES FOR ADVANCED AGE
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24. Static-99R 5. Prior sex offenses Charges Conv. ITEMS SCORE None None 0
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25. Static-99R Items (cont.) 6. Prior Sentencing Dates 0-1
7. Any convictions for non-contact 0-1
sex offences
8. Any unrelated victims 0-1
9. Any stranger victims 0-1
10. Any male victims
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26. Scores and Risk Levels for Static-99R
Score Label for Risk Category
= Low
2, 3 = Low-Moderate
4, 5 = Moderate-High
6 plus = High
Use Risk Level in Your Reports
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27. Predictive Accuracy of Static-99R
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28. How Accurate is Static-99R?
Defined as the likelihood that a randomly selected recidivist would have a higher score on Static-99R than a randomly selected non-recidivist
Generally, 72% of the time low and high-risk offenders will be correctly identified
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29. Strengths of the Static-99R
Published and peer reviewed article
Fully accounts for age
Repeatedly cross validated or tested on many different types of sex offenders
Widely used and accepted
Usually easy to score from records
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30. Weaknesses of the Static-99R
Modest predictive accuracy-it does not identify every high risk offender
Still does not include all risk factors for sexual recidivism, either static or dynamic
Must add a dynamic risk assessment instrument for comprehensive risk assessment
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31. The Use of Static Risk Scales in the Community Management of Sex Offenders
Provides initial base rate of risk once released to the community
Provides a way to divide sex offenders into risk level
Provides a scientific rational for management plans for sex offenders
Is defensible in court
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32. In CA. Static-99R is used to:
Determine level of supervision
Assign GPS monitoring (and removal)
More intensive mandated sex offender treatment
Public notification on the Internet
Duration of registration requirements
GPS is required for high risk offenders – 6+ per (b) PC unless Court determines it is not necessary
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33. CODING THE STATIC-99R 33

34. Coding the STATIC-99R-What You Need
Demographic
age at release index sex offense; relationship history
Official criminal history
prior sex offences; index non-sexual violence; prior non-sexual violence; prior sentencing occasions; convictions for non-contact sex offences
Victim Information
Use all credible information (except polygraph interview or polygraph)
any unrelated victims; any stranger victims; any male victims
YOU NEED TO OBTAIN ALL PRIOR SEX OFFENSE REPORTS TO ACCURATELY COMPLETE THE ASSESSMENT – ex. Circs, victims age, relationship, sex, etc.
Info is from official records. Be careful about using info that is self disclosed in previous probation reports since that is NOT from official info. Use judgment!
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35. Special Issues Missing Items-Ever Lived With a Lover for 2 Years
No Info score 0
As if offender HAS lived with Lover
Recidivism defined as a reconviction for a sexual offense
Can score it both ways if the defendant refuses to answer or if you suspect he’s lying with no supporting documentation. This is the only item you can omit. Can omit this info but score it as a 0 and note it in the comment section of the risk assessment form so that it can be followed up on and rescored.
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36. Static-99R can be used with the following:
Developmentally Delayed Offenders In Static-99R sample
Minority Offenders
Mental Health Issues
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37. Coding the Static-99R 1 = risk factor present
0 = risk factor not present
Except Age Item (-3 to 1)
Except Prior Sex Offences (0, 1, 2, 3)
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38. Who Can You Use the Static-99R On?
Use with adult males convicted of at least one sex offense against child or non-consenting adult.
Males with sex offenses at age 16 or 17 and are now an adult
Not for female offenders
Not scored for offenders only convicted of only Category “B” offenses
Just need a minimum of an arrest only for an index offense.
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39. Category “B” Offenses (no identified victim)
Seeking/Hiring Prostitution
Solicitation of a Prostitute
Pimping/pandering
Consenting sex w/other adults public place
Crimes related to child porn w/unk vic
Indecent behavior with no sexual motive (urinating in public)
New offenses added to Cat B list
Child porn with a KNOWN IDENTIFIABLE VICTIM is a Category A Offense.
Soliciting child prostitute is a Category A Offense.
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40. Category B Offenses
Not informing a sexual partner of HIV status (even if name is Category A offense like Agg. Sexual Assault)
Profiting from child prostitution
Selling Pornography to minors
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41. 1. Young
Offenders age at the time he was released from the INDEX OFFENSE.
Aged 18 to
Aged 35 to
Aged 40 to
Aged 60 or older -3
Probation uses age at assessment if writing the P&S report and scoring on the index offense
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42. Age and Sexual Reoffense
Hanson, R.K. (2001). Recidivism and Age: Follow-up data from 4,673 sexual offenders. Journal of Interpersonal Violence, Vol. 17, No. 10, October 2002
N=4,673
XX year follow-up
10 samples
Canada=7
US=2 (SOTEP, WA SSOSA)
UK=1 (Same as Static-99 cross-valid)
Extra CM = extra familiar child molesters
Results
Recidivism rate for rapists steadily decreased with age
Highest risk EF CM’s between age – remain at risk, higher than other SO.
Generally, EF CMs have a reoffense rate twice that of incest only offenders. Recidivism rate for EF CM little decline until after age 50
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43. 2. Ever lived with a lover for at least two years
Only item can omit or score both ways if no information
Try to find collateral source
Male or female for at least two years.
Must be continuous (“on and off” does not count)
Do not count legal marriages less than 2 years
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44. 2. Ever lived with a lover for at least two years
Do not count male lovers in prison
Do not count prison marriages without cohabitation
Young offenders without opportunity to have relationship still get a point
Relationships with adult victims do not count
Extended absences not count (exceptions)
One point for not having lived with lover for 2 years
Has to have been a SEXUAL relationship. Platonic does NOT count.
Absences for prosocial reasons: Military or legitimate absences are ok, such as truck drivers, merchant marines, etc.
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45. Coding Non-Sexual Violence Convictions Items 3 & 4
Convictions only
Must have intent to harm others
Juvenile and adult convictions (Juv. Moved to secure residential placement)
The same victims as the sex offense or different
Do not count convictions overturned on appeal
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46. Included Offenses (p. 27 coding)
Aggravated Assault
Arson
Assault (causing bodily harm)
Assault Police Officer
Attempted Abduction
Attempted Robbery
False Imprisonment
Felonious Assault
Forcible Confinement
Give Noxious Substance (to impair victim)
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47. Included Offenses (p. 27 coding)
Grand Theft Person
Juvenile Non-sexual Violence convictions count
Kidnapping
Murder
Robbery
Threatening
Using/pointing a weapon/firearm during offense*
Violation Domestic Violence Order
Wounding
Cruelty to Animals
*Ex. Possession of a firearm is not non-sexual violence, they have to use it or threaten to use it
Resisting arrest is not a non-sexual violence
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48. Excluded Offenses (p. 28 coding)
Arrests and Charges
Convictions overturned on appeal
Non-sexual violence after the index offense
Institutional rules violations
Driving accidents or convictions for negligence causing death or injury
Resisting arrest
Sexual offenses (sexual in name)
Convictions overturned on appeal can only be used in Question #5 (Prior sex offenses)
Driving accidents or convictions…..don’t use those because there is no intent to harm
Resisting arrest….if they assault the officer, it becomes an assault and can be used
Sexual offenses – can’t be non-sexual violence, but if it gets dropped to assault then you can use it.
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49. Military Non-sexual Violence
If “undesirable discharge” then is nonsexual violence offense and sentencing occasion. Must have received undesirable discharge and left military because of that offense.
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50. Non-Sexual Violence Convictions “Double Dipping Rule”
If the behavior was sexual but the offender was convicted of non-sexual violence, the same conviction counts as both a sexual offense and non-sexual violence offense i.e.., murder
The nature of the offense can make it a sex offense.
Its ok to count convictions twice if it is in this category and it is a sexual offense.
Also referred to as a “Two for One” rule when coding questions #3, 4, and 5.
You do not score enhancements.
Its not necessarily the Penal Code Section….if there is any sexual behavior, then it’s a sexual offense
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51. 3. Index Non-Sexual Violence-Any Convictions
Convictions for non-sexual violence at the same sentencing occasion as the index sex offense.
Scoring No convictions=0, Any convictions=1,
Most recent sex offenses, I.e. rape (index sex offense) and robbery (index non-sexual violence) or false imprisonment (index non-sexual violence)
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52. 4. Prior Non-Sexual Violence-Any Convictions
Convictions for non-sexual violence prior to the index sex offense.
Scoring No convictions=0, Any convictions=1
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53. 5. Prior Sexual Offenses
As long ago as 1911 Thorndyke stated that the “best predictor of future behavior is past behavior.”
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54. Sexual Offense Officially recorded sexual behavior or intent
Resulted in some form of criminal justice intervention or official sanction.
If on community supervision or in custody must be serious enough they could be charged with new sex offense if not under legal sanction
No self-report with sexual offenses
Consider all charges, arrests, convictions, stayed charges, convictions overturned on appeal.
#2) Results in a time loss, jail incident reports
#3) Could they be charged in the community for the same type of behavior – ex: rape of another inmate resulting in disciplinary action would count as a sex offense, but consensual sex btwn inmates would not.
The Coding Rules, pages 35-42
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55. Sexual Offense Criminal Justice Interventions Include Arrests Charges
Convictions
Parole & Probation Violations
Institutional rules violations for sex offense
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56. Sexual Offense Official Sanctions Include Imprisonment Fines
Community supervision
Loss institutional time for sex offense
Acquittals count as charges
Acquittals are handled differently in question #5 than in questions #3 and #4
Do not score Enhancements. Although they are pled and proved, they are not considered convictions.
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57. Sexual Offense (cont.) Count both juvenile and adult offenses
Sexual offenses are scored only from official records-NO SELF REPORT
Exception: Immigrants and refugees
Self reports – CANNOT be counted if you depart from using official records as your accuracy goes down!
Immigrants and refugees we can since the official reports are not obtainable
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58. Some Sex Offenses Coded Do Not have Sex In the Name
Rape and false imprisonment
Rape and kidnap
Rape and battery
Murder
Kidnap only
Assault
Theft (of underwear)
Offenses that occur at the same time as the sexual offense are considered part of the sexual misbehavior
The behavior makes it a sex offense. “What did they do on their way to the sex offense = counts as a sex offense”
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59. Category “A” Offenses (children and non-consenting victims)
Incest and non-incest child molest
Annoy and molest children
Rape
Penetration foreign object
Sodomy
Oral Copulation
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60. Category “A” Offenses (cont.)
Sexual assault
Sexual battery
Sex with animals
Sexual homicide
Indecent exposure, exhibitionism
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61. Category “A” Offenses (cont.)
Voyeurism
Invitation to sexual touching
Unlawful sexual intercourse with minor
Contributing to delinquency of minor if sexual in nature
Sex with dead bodies
Unlawful sex - See note on page 5 of Coding Rules – consider the intent of the crime and the circs. Ex. Coercion, force, or victim problems, DA unable to prove sex offense but plea bargains to conv = count it.
sex was non-consensual
pre-existing power relationship with alleged victim (e.g., coach)
Age difference is greater than 3 years (up to 5 years if defendant’s cognitive development is lower)
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62. Category Offenses (cont.)
Attempted sexual offenses
Paying for sex with minor
Giving porn to minors
Covert photography (also non-contact)
NEW OFFENSES ADDED
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63. Category B Offenses Sexual behavior is illegal Parties are consenting
No specific victim is involved
Category B offenses CAN be the index sex offense if he has a prior Category A offense
Can’t use a Cat B offense if that’s all you have, but once you have a “hands-on” sex offense, its fair game. You can use the B offense as a prior or an index sex offense. HOWEVER, WITH SOME EXCEPTIONS, YOU CANNOT USE THE VICTIM INFORMATION FROM THE 5 P’s IN QUESTIONS 8, 9, AND 10 – this will be covered in more detail in the victim sections
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64. Category B Offenses (cont.)
Child Pornography (no ID’d child V)
Pimping / pandering (adult victim)
Offering, seeking, hiring prostitutes
Consenting sex in public places (gross indecency)
Nudity associated with mental impairment
Sex offense must be illegal in jurisdiction of offense and of assessment
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65. Category Offenses (cont.)
Indecent behavior with no sexual motive (Urinating in public)
Not informing a sexual partner of HIV status (even if name is Category A offense like Agg. Sexual Assault)
Profiting from child prostitution
Selling Pornography to minors
NEW OFFENSES ADDED
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66. Offenses that are NOT Coded
Annoy (not molest) children
Consensual sexual activity in prison
Failure to register as a sex offender
Presence of children, loitering schools
Annoy – don’t confuse with annoy/molest child
Failure to register – not a sex offense, it’s a rules violation
Presence of children – even though its dangerous behavior, there is no imminent reoffending. If its results in a VOP, its still not a new offense (sex offenses are based on charges and convictions) {new laws in this area may change this type of behavior into a law violation someday}
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67. Offenses that are NOT Coded (cont.)
Possession of child lures, clothing
Stalking (imminence)
Reports to CPS without criminal charges
Questioning by police not enough
Stalking – most offenses do not end up in contact with the victim. If they do its usually non-sexual violent offense. Would not even code it if def writes letters that are sexual in nature.
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68. Community Supervision Violations and Prison Rules Violations
Code if could be grounds for arrest or conviction for sex offense if not already on supervised release (See prior list.)
Targeted vs. non-targeted activity (targets female officer)
Code if reoffense imminent
Targeted activity = intent, such as internet stings
Ex. Inmate masturbating in front of female guard.
Imminent is not grooming behavior, not prepping for it, but it has to be really close to occurring. It’s a judgment call.
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69. IMMINENT: Likely to happen without delay Impending Threatening
Said of danger, evil, misfortune
Grooming behavior is not imminent.
Page 16 of Coding Rules:
Ex: an individual with a history of child molesting is discovered alone with a child about to engage in a “wrestling game”
Or individual with a history of abducting teenage girls for sexual assault being apprehended while attempting to lure teenage girls into his car
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70. Special Coding Cases Major mental illness
Informal hearings and sanctions –placement treatment facility, residential moves count as charge and conviction
Re: Question 5 – if the prior sex offense occurred with a mentally ill offender and it resulted in a hearing, or sanction, such as a move to a different treatment facility, it counts as a charge and a conviction.
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71. Special Coding Cases Clergy and Military
Defrocking or transfer to treatment facility vs. new placement
Juveniles
Never code sexual misbehavior of children 11 or under unless official charges (Petition filed)
Sent to residential care counts as charge and conviction
Clergy and military – treatment facility for sex offenders
Clergy – a transfer from one parish to another does NOT count, but if he is transferred to another parish for treatment, then it DOES count
Juveniles – more secure facility = conviction
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72. 5. Index Sex Offense Most recent sexual offense
Arrest, charge, conviction, parole or probation violation, rule violation
INDEX CLUSTER
Spree of offending over multiple sentencing dates
Collapse all charges and convictions for an index cluster
Index cluster
Spree of offending counts as 1 sex offense.
Spree of offending is multiple acts at different times and locations w/out getting caught, but arrested and charged for all as a package.
Multiple sentencing dates – ex offense for which he’s convicted in 2007, but in 2008 he’s convicted for an offense in separate crimes, 2 separate sentencing dates, but ONE index cluster. Its not considered a new offense because he didn’t reoffend AFTER his first conviction.
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73. 5. Index Sex Offense (cont.)
PSEUDO-RECIDIVISM
Historical offenses detected after conviction for more recent offense
Do count offenses overturned on appeal
Do not count offenses AFTER index sex offense
Pseudo-recidivism
Historical offenses – offenses that occurred prior but just recently charged
2005 offense is the index offense, the subsequent conviction for the offense is considered pseudo-recidivism and both are index cluster offenses. They collapse into the index cluster – he didn’t reoffend, but once he does, the index cluster becomes the priors and it increases his score.
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74. A Historical Sex Offense Can Be
Sexual institutional rules violation
Probation, parole or conditional release violation(s)
Arrest charges
Convictions
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75. Historical Sex Offense (cont.)
Based on sexual misbehavior occurring PRIOR to the index sex offense.
Includes juvenile and adult offenses
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76. REMEMBER...
To be a new offense the offender must have been detected, sanctioned AND then commit a NEW offense
When he knows he’s been caught and he does it again, his risk factor goes way up! Obviously…
If he is serving a prison sentence and he reoffends in prison – the prison offense becomes the index offense and the committing offense becomes a prior.
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77. Scoring Procedure Do not count index sex offense
Count historical offenses
Convert rules violations to 1 charge
Tally total number of charges and convictions
Final score is based on the highest score considering charges and convictions
Post-Index Offenses (pg 21 of the Coding Rules) – offenses that occur AFTER the index offense are NOT scored on the Static-99R. Post-index sexual offense would be the new index offense. Post-index violent offenses would be considered in the P&S report as an “external risk” factor regarding the defendant’s behavior.
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78. REMEMBER...
Use most recent charging document, arrest report, Information or Felony Complaint
Sex offense pled out to non-sex charge or conviction still count
Acquittals count
Number of victims irrelevant
Charges or convictions may be on a single victim
Arrest with no formal charges=1 charge
Charging document = what the DA’s office files, not what he is arrested for
Re #2: it’s the behavior, NOT the actual Code Section
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79. Sample Coding Historical Offense
CHARGES
Count 1 PC 288(a) Lewd and Lascivious Acts W/Child
Count 2 PC 288(a) Lewd and Lascivious Acts W/Child
Count 3 PC 288(a) Lewd and Lascivious Acts W/Child
Count 4 PC 286 Sodomy
Count 5 PC 288a Oral Copulation
Count 6 PC 459 Burglary
= 5 CHARGES
Burglary isn’t counted because it’s a property offense and it isn’t non-sexual violence
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80. Sample Coding Historical Offense
CONVICTIONS
Count 1 PC 288(A) Lewd and Lascivious Acts W/Child
Count 4 PC 286 Sodomy
Count 5 PC 288a Oral Copulation
Count 6 PC 459 Burglary
= 3 CONVICTIONS
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81. Determine Score for Prior Sex Offense
Convert the total number of arrest charges and convictions (use the highest) to a score of 0,1, 2 or 3 according to the following guidelines for prior sex offenses.
None
1-2 Charges 1-2 Convictions 1
3-5 Charges 2-3 Convictions 2
6+ Charges 4 Convictions 3
Ex. Def has 5 charges but only 1 conviction, he is scored for the 5 charges = 2
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82. 6. Prior Sentencing Dates (Excluding Index)
No. distinct occasions sentenced for criminal offenses before index sex offense
Exclude index sex offense
Do not count charges, acquittals
Do not count court appearances overturned on appeal
Driving offenses not count unless possibility of probation (DUI, reckless driving with injury)
Sentencing = parole, probation, prison, jail
Dispo on multiple cases on the same date = 1 sentencing date
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83. 6. Prior Sentencing Dates (cont.)
Do not count prison misconducts or parole violations
Mental Health commitments count as a sentencing date (NGI).
Juvenile offenses, informal probation, and Diversion count
VOP has to be chargeable as a new offense to count. Cannot count rule violations
Ex. Def gets arrested for 11550(a) H&S, but no new charges are filed and its handled as a probation/parole violation, that counts as a separate sentencing date. Just submitting a positive urine test does not count = technical violation
Or finding drugs during a probation search, instead of calling PD for new arrest, its handled as a VOP = new sentencing date
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84. 6. Prior Sentencing Dates (cont.)
Minimum level of seriousness
Do not count
Driving offenses that could not result in probation sentences
Historical offenses that occurred after offender was in custody for a more recent offense
Scoring 3 or less=0, 4 or more=1
To be considered as separate offenses, the second offense must have been committed after the offender was sanctioned for the previous offense.
Historical offenses = psuedo-recidivism
Minimum level of seriousness = misdemeanors
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85. 7. Any Convictions for Non-Contact Sex Offenses
Look at behavior-Not the name of the offense
Can score at time of Index Sex Offense
Convictions only
Exhibitionism
Possessing child porn
Obscene telephone calls (Sexual harassment)
Voyeurism
Illicit sexual use on Internet (Similar to obscene phone call-even if attempt to meet is non-contact sex offense.)
If includes elements of contact and non-contact (sexual talk on Internet and arrange to meet child) conv would count as a non-contact sex offense
INCLUDES INDEX OFFENSE!!!
Non-contact = scheduling to meet the child
Contact = on their way to meet the child or being at the house
Ex. Def “moons” a woman and he’s convicted of disorderly conduct
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86. 7. Any Convictions for Non-Contact Sex Offenses
Do not count attempts to contact (save for the internet)
Do not count soliciting/prostitution
Scoring No convictions =0, Any convictions=1
Question #7 can double dip with Question #5
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87. Items 8 -10 8. Unrelated victim 9. Stranger victim 10. Male victim
Items 8-10 concern victim characteristics on any of the sex offenses – prior and/or index offenses.
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88. Scoring Victim Item (Male) and Relationship items (Unrelated & Stranger)
Official Records
Collateral Sources (CPS Reports)
Offender Self-Report
Victims Reports
No polygraph interview or polygraph information unless corroborated by additional sources
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89. Victim characteristics
Based on all available information
If he was acquitted or found Not Guilty and you believe it is more likely than not that he did it you can count it.
Only apply if victims were children or non-consenting adults
Accidental victims do not count
Do not score victim information for Category B offenses
Do not score victim information for sex of the animal
Use victim report, collateral contacts, self report
Acquitted or FNG – can count it its likely the offense occurred but there was some legal technicality that resulted in FNG or Acquittal.
Accidental victim – ex. 314; offender target is female victim, but there are boys nearby that also see, DO NOT score the male victims, the boys were accidental
Public toileting or urination would not count either
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90. 8. Any Unrelated Victims Relationship too close for marriage
Step-relationships lasting less than two years are unrelated
Wives are related
Common-law more than 2 years related
No Category “B” victims
No accidental victims
Scoring 1 point for unrelated victim
Adult step-children would be considered related if they had lived for two years in a chld-parent relationship with the offender.
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91. 8. Any Unrelated Victims These are unrelated
Step-relations lasting less 2 years
Daughter or son of live-in girlfriend under 2 years
Nephew’s wife
Second cousins
Wife’s aunt
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92. Any Unrelated Victim
If offender is unaware victim is family member, victim counts as unrelated
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93. 9. Any Stranger Victims Victim knew the offender less than 24 hours
No accidental victims
Two for one rule (if you have stranger automatically circle unrelated)
Victims contacted on Internet are only strangers if less than 24 hours of contact
Scoring 1 point for having a stranger victim
This is from the Victim’s perspective. Don’t have to establish a relationship, just mere contact counts as no longer a stranger.
Verbal contact is the key – as soon as V talks to him the clock starts. You can see someone every day and never talk to them and they are a stranger.
Ex. Contact at a bar, contact at a community mailbox. Victim’s perspective overrides the defendant’s perspective.
Ex. V sees offender walking around the park but no verbal exchange = stranger
Ex. Internet chat, they chat 1x and then 25 hrs later they chat again, they are no longer strangers
Ex. Def says he met the victim once before and talked, but the child victim says he does NOT know the def nor does he remember talking to him before = stranger victim
You can become a stranger if time passes and you don’t know them anymore.
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94. 10. Any Male Victims Do not count possession of male child pornography
Exhibitionism to mixed group of children
Accidental victims
Count attempt to contact male victims over Internet
Scoring 1 point for having a male victim
Exhibit-only count exposing to mixed group of kids if you can show that males was target.
Re male child in pornography – the male child has to be known or identifiable. Ex. Male neighbor or a male child that law enforcement has identified as a legitimate victim.
Internet – based on intent….who the def THINKS he’s talking to
It is based on the defendant’s intent of the sex of the victim
What gender/age did the offender believe the victim to be. Ex. Dateline “To Catch A Predator,” internet sting operations, etc.
Ex. Def ties up husband and leaves him in another room while def rapes the wife, NO male victim. BUT…def ties up husband and forces him to watch while he rapes the wife, then you DO have a male victim as the husband is now a victim of a non-contact sex offense (forced voyeuristic activity)
Transgender/transvestite = defendant’s intent
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95. STATIC-99R CASE EXAMPLES
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96. Resources
SARATSO web site displays all forms, including the Facts of Offense Sheet, Coding Rules, and policy manuals.
Click on the SARATSO link on the right side of the page
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