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

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Presentation on theme: "THE STATIC-99R SARATSO (State Authorized Risk Assessment Tool for Sex Offenders)"— Presentation transcript:

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

2 SARATSO Individual risk assessment on sexual offenders is mandated by statute Individual risk assessment on sexual offenders is mandated by statute PC PC PC PC W&IC 706 W&IC 706

3 SARATSO The SARATSO Committee chooses the risk assessment instruments 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)) Beginning in 2013, the S-99R score must be posted by DOJ on the public Megan’s Law web site: (PC (b))www.meganslaw.doj.ca.gov Dynamic and LSCMI scores will be available to LEAs only, via DOJ’s sex offender registry (CSAR) Dynamic and LSCMI scores will be available to LEAs only, via DOJ’s sex offender registry (CSAR) Accuracy will become even more important Accuracy will become even more important Offenders not already scored will have incentive to request to be scored, if low risk Offenders not already scored will have incentive to request to be scored, if low risk

5 Training The SARATSO Training Committee is in charge of arranging trainings for probation, parole, law enforcement & providers The SARATSO Training Committee is in charge of arranging trainings for probation, parole, law enforcement & providers SARATSO web site: 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 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 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 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. 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.www.saratso.org Probation and Parole trainers must give 8 hour trainings to all department staff who will score the Static-99R. 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. 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: 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 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)) 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) 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 At presentencing on index sex offense Even if no pre-sentencing report, score S-99R if person will be required to register per 290 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 Score JSORRAT for a juvenile, if Probation is recommending DJJ placement Give score to court in sealed envelope Give score to court in sealed envelope Include later in presentencng report, if any 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].) 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) 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 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 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: 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 CSAR is the DOJ sex offender database Will show detailed MO information this year Will show detailed MO information this year MO collected from Facts of Offense sheet done by Probation pre-sentencing MO collected from Facts of Offense sheet done by Probation pre-sentencing Victim type, gender Victim type, gender Weapons used Weapons used Locations Locations Paraphilias Paraphilias

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

15 Submitting Risk Scores to DOJ Static-99R, JSORRAT scores: Static-99R, JSORRAT scores: n Probation: FOS via secure server to Parole has own system to transfer scores to DOJ SRA-FV (dynamic risk) and LSCMI (violence risk) scores: 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 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 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 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) 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 Need records to score other risk tools Parole/probation must provide these to providers Parole/probation must provide these to providers DO NOT give docs. to offender to carry; securely, fax or deliver yourself DO NOT give docs. to offender to carry; securely, fax or deliver yourself

17 4/21/ 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.

18 4/21/ 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.

19 4/21/ 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 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].) New Index Offense (felony or misdemeanor) (PC 1203(b),(d); W&IC 706 [juves].)

20 4/21/ 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 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 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. CDCR and DMH will be required to record score in a central database, and send scores to DOJ’s HR Sex Offender Program.

21 4/21/ 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 95820

22 4/21/ Actuarial Risk Assessment Considers a number of variables Considers a number of variables Provides a specific statistical weight for each variable Provides a specific statistical weight for each variable Gives a total risk score Gives a total risk score Gives an associated risk probability Gives an associated risk probability

23 4/21/ Static-99R Items Young Aged 18 to Aged 35 to Aged 40 to Aged 60 or older -3 2 Ever lived with a lover for two years Index non-sexual violence-any convictions Prior non-sexual violence-any convictions 0-1

24 4/21/ Static-99R ITEMS SCORE 5. Prior sex offenses ChargesConv. ChargesConv. NoneNone

25 4/21/ Static-99R Items (cont.) 6. Prior Sentencing Dates Any convictions for non-contact 0-1 sex offences sex offences 8. Any unrelated victims Any stranger victims Any male victims0-1

26 4/21/ 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

27 4/21/ Predictive Accuracy of Static-99R

28 4/21/ 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 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 Generally, 72% of the time low and high- risk offenders will be correctly identified

29 4/21/ Strengths of the Static-99R Published and peer reviewed article Published and peer reviewed article Fully accounts for age Fully accounts for age Repeatedly cross validated or tested on many different types of sex offenders Repeatedly cross validated or tested on many different types of sex offenders Widely used and accepted Widely used and accepted Usually easy to score from records Usually easy to score from records

30 4/21/ Weaknesses of the Static-99R Modest predictive accuracy-it does not identify every high risk offender 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 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 Must add a dynamic risk assessment instrument for comprehensive risk assessment

31 4/21/ 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 initial base rate of risk once released to the community Provides a way to divide sex offenders into risk level Provides a way to divide sex offenders into risk level Provides a scientific rational for management plans for sex offenders Provides a scientific rational for management plans for sex offenders Is defensible in court Is defensible in court

32 4/21/ In CA. Static-99R is used to: Determine level of supervision Determine level of supervision Assign GPS monitoring (and removal) Assign GPS monitoring (and removal) More intensive mandated sex offender treatment More intensive mandated sex offender treatment Public notification on the Internet Public notification on the Internet Duration of registration requirements Duration of registration requirements

33 CODING THE STATIC-99R

34 4/21/ Coding the STATIC-99R-What You Need Demographic Demographic  age at release index sex offense; relationship history Official criminal 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 Victim Information  Use all credible information (except polygraph interview or polygraph)  any unrelated victims; any stranger victims; any male victims

35 4/21/ Special Issues Missing Items-Ever Lived With a Lover for 2 Years 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 Recidivism defined as a reconviction for a sexual offense

36 4/21/ Static-99R can be used with the following: Developmentally Delayed Offenders In Static-99R sample Developmentally Delayed Offenders In Static-99R sample Minority Offenders Minority Offenders Mental Health Issues Mental Health Issues

37 4/21/ Coding the Static-99R 1 = risk factor present 1 = risk factor present 0 = risk factor not present 0 = risk factor not present Except Age Item (-3 to 1) Except Age Item (-3 to 1) Except Prior Sex Offences (0, 1, 2, 3) Except Prior Sex Offences (0, 1, 2, 3)

38 4/21/ 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. 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 Males with sex offenses at age 16 or 17 and are now an adult Not for female offenders Not for female offenders Not scored for offenders only convicted of only Category “B” offenses Not scored for offenders only convicted of only Category “B” offenses

39 4/21/ Category “B” Offenses (no identified victim) Seeking/Hiring Prostitution Seeking/Hiring Prostitution Solicitation of a Prostitute Solicitation of a Prostitute Pimping/pandering Pimping/pandering Consenting sex w/other adults public place Consenting sex w/other adults public place Crimes related to child porn w/unk vic Crimes related to child porn w/unk vic Indecent behavior with no sexual motive (urinating in public) Indecent behavior with no sexual motive (urinating in public)

40 Category B Offenses Not informing a sexual partner of HIV status (even if name is Category A offense like Agg. Sexual Assault) Not informing a sexual partner of HIV status (even if name is Category A offense like Agg. Sexual Assault) Profiting from child prostitution Profiting from child prostitution Selling Pornography to minors Selling Pornography to minors 4/21/201540

41 4/21/ Young Offenders age at the time he was released from the INDEX OFFENSE. 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

42 4/21/ Age and Sexual Reoffense

43 4/21/ Only item can omit or score both ways if no information Only item can omit or score both ways if no information Try to find collateral source Try to find collateral source Male or female for at least two years. Male or female for at least two years. Must be continuous (“on and off” does not count) Must be continuous (“on and off” does not count) Do not count legal marriages less than 2 years Do not count legal marriages less than 2 years 2. Ever lived with a lover for at least two years

44 4/21/ Ever lived with a lover for at least two years Do not count male lovers in prison Do not count male lovers in prison Do not count prison marriages without cohabitation Do not count prison marriages without cohabitation Young offenders without opportunity to have relationship still get a point Young offenders without opportunity to have relationship still get a point Relationships with adult victims do not count Relationships with adult victims do not count Extended absences not count (exceptions) Extended absences not count (exceptions) One point for not having lived with lover for 2 years One point for not having lived with lover for 2 years

45 4/21/ Coding Non-Sexual Violence Convictions Items 3 & 4 Convictions only Convictions only Must have intent to harm others Must have intent to harm others Juvenile and adult convictions (Juv. Moved to secure residential placement) Juvenile and adult convictions (Juv. Moved to secure residential placement) The same victims as the sex offense or different The same victims as the sex offense or different Do not count convictions overturned on appeal Do not count convictions overturned on appeal

46 4/21/ Included Offenses (p. 27 coding) Aggravated Assault Aggravated Assault Arson Arson Assault (causing bodily harm) Assault (causing bodily harm) Assault Police Officer Assault Police Officer Attempted Abduction Attempted Abduction Attempted Robbery Attempted Robbery False Imprisonment False Imprisonment Felonious Assault Felonious Assault Forcible Confinement Forcible Confinement Give Noxious Substance (to impair victim) Give Noxious Substance (to impair victim)

47 4/21/ Included Offenses (p. 27 coding) Grand Theft Person Grand Theft Person Juvenile Non-sexual Violence convictions count Juvenile Non-sexual Violence convictions count Kidnapping Kidnapping Murder Murder Robbery Robbery Threatening Threatening Using/pointing a weapon/firearm during offense* Using/pointing a weapon/firearm during offense* Violation Domestic Violence Order Violation Domestic Violence Order Wounding Wounding Cruelty to Animals Cruelty to Animals

48 4/21/ Excluded Offenses (p. 28 coding) Arrests and Charges Arrests and Charges Convictions overturned on appeal Convictions overturned on appeal Non-sexual violence after the index offense Non-sexual violence after the index offense Institutional rules violations Institutional rules violations Driving accidents or convictions for negligence causing death or injury Driving accidents or convictions for negligence causing death or injury Resisting arrest Resisting arrest Sexual offenses (sexual in name) Sexual offenses (sexual in name)

49 4/21/ Military Non-sexual Violence Military Military  If “undesirable discharge” then is nonsexual violence offense and sentencing occasion. Must have received undesirable discharge and left military because of that offense.

50 4/21/ 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 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

51 4/21/ Index Non-Sexual Violence-Any Convictions Convictions for non-sexual violence at the same sentencing occasion as the index sex offense. Convictions for non-sexual violence at the same sentencing occasion as the index sex offense. Scoring No convictions=0, Any convictions=1, Scoring No convictions=0, Any convictions=1,

52 4/21/ Prior Non-Sexual Violence-Any Convictions Convictions for non-sexual violence prior to the index sex offense. Convictions for non-sexual violence prior to the index sex offense. Scoring No convictions=0, Any convictions=1 Scoring No convictions=0, Any convictions=1

53 4/21/ Prior Sexual Offenses As long ago as 1911 Thorndyke stated that the “best predictor of future behavior is past behavior.” As long ago as 1911 Thorndyke stated that the “best predictor of future behavior is past behavior.”

54 4/21/ Sexual Offense Officially recorded sexual behavior or intent Officially recorded sexual behavior or intent Resulted in some form of criminal justice intervention or official sanction. 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 If on community supervision or in custody must be serious enough they could be charged with new sex offense if not under legal sanction

55 4/21/ Sexual Offense Criminal Justice Interventions Include Criminal Justice Interventions Include  Arrests  Charges  Convictions  Parole & Probation Violations  Institutional rules violations for sex offense

56 4/21/ Sexual Offense Official Sanctions Include Official Sanctions Include  Imprisonment  Fines  Community supervision  Loss institutional time for sex offense  Acquittals count as charges

57 4/21/ Sexual Offense (cont.) Count both juvenile and adult offenses Count both juvenile and adult offenses  Sexual offenses are scored only from official records-NO SELF REPORT  Exception: Immigrants and refugees

58 4/21/ Some Sex Offenses Coded Do Not have Sex In the Name Rape and false imprisonment Rape and false imprisonment Rape and kidnap Rape and kidnap Rape and battery Rape and battery Murder Murder Kidnap only Kidnap only Assault Assault Theft (of underwear) Theft (of underwear)

59 4/21/ Category “A” Offenses (children and non-consenting victims) Incest and non-incest child molest Incest and non-incest child molest Annoy and molest children Annoy and molest children Rape Rape Penetration foreign object Penetration foreign object Sodomy Sodomy Oral Copulation Oral Copulation

60 4/21/ Sexual assault Sexual assault Sexual battery Sexual battery Sex with animals Sex with animals Sexual homicide Sexual homicide Indecent exposure, exhibitionism Indecent exposure, exhibitionism Category “A” Offenses (cont.)

61 4/21/ Voyeurism Voyeurism Invitation to sexual touching Invitation to sexual touching Unlawful sexual intercourse with minor Unlawful sexual intercourse with minor Contributing to delinquency of minor if sexual in nature Contributing to delinquency of minor if sexual in nature Sex with dead bodies Sex with dead bodies Category “A” Offenses (cont.)

62 4/21/ Category Offenses (cont.) Attempted sexual offenses Attempted sexual offenses Paying for sex with minor Paying for sex with minor Giving porn to minors Giving porn to minors Covert photography (also non-contact) Covert photography (also non-contact)

63 4/21/ Sexual behavior is illegal Sexual behavior is illegal Parties are consenting Parties are consenting No specific victim is involved No specific victim is involved Category B offenses CAN be the index sex offense if he has a prior Category A offense Category B offenses CAN be the index sex offense if he has a prior Category A offense Category B Offenses

64 4/21/ Child Pornography (no ID’d child V) Child Pornography (no ID’d child V) Pimping / pandering (adult victim) Pimping / pandering (adult victim) Offering, seeking, hiring prostitutes Offering, seeking, hiring prostitutes Consenting sex in public places (gross indecency) Consenting sex in public places (gross indecency) Nudity associated with mental impairment Nudity associated with mental impairment Category B Offenses (cont.)

65 4/21/ Category Offenses (cont.) Indecent behavior with no sexual motive (Urinating in public) 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) Not informing a sexual partner of HIV status (even if name is Category A offense like Agg. Sexual Assault) Profiting from child prostitution Profiting from child prostitution Selling Pornography to minors Selling Pornography to minors

66 4/21/ Offenses that are NOT Coded Annoy (not molest) children Annoy (not molest) children Consensual sexual activity in prison Consensual sexual activity in prison Failure to register as a sex offender Failure to register as a sex offender Presence of children, loitering schools Presence of children, loitering schools

67 4/21/ Possession of child lures, clothing Possession of child lures, clothing Stalking (imminence) Stalking (imminence) Reports to CPS without criminal charges Reports to CPS without criminal charges Questioning by police not enough Questioning by police not enough Offenses that are NOT Coded (cont.)

68 4/21/ 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.) 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) Targeted vs. non-targeted activity (targets female officer) Code if reoffense imminent Code if reoffense imminent

69 4/21/ IMMINENT: Likely to happen without delay Impending Threatening Said of danger, evil, misfortune

70 4/21/ Special Coding Cases Major mental illness Major mental illness  Informal hearings and sanctions – placement treatment facility, residential moves count as charge and conviction

71 4/21/ Special Coding Cases Clergy and Military Clergy and Military  Defrocking or transfer to treatment facility vs. new placement Juveniles Juveniles  Never code sexual misbehavior of children 11 or under unless official charges (Petition filed)  Sent to residential care counts as charge and conviction

72 4/21/ Index Sex Offense Most recent sexual offense Most recent sexual offense  Arrest, charge, conviction, parole or probation violation, rule violation INDEX CLUSTER INDEX CLUSTER  Spree of offending over multiple sentencing dates  Collapse all charges and convictions for an index cluster

73 4/21/ Index Sex Offense (cont.) PSEUDO-RECIDIVISM 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

74 4/21/ A Historical Sex Offense Can Be  Sexual institutional rules violation  Probation, parole or conditional release violation(s)  Arrest charges  Convictions

75 4/21/ Historical Sex Offense (cont.)  Based on sexual misbehavior occurring PRIOR to the index sex offense.  Includes juvenile and adult offenses

76 4/21/ REMEMBER... To be a new offense the offender must have been detected, sanctioned AND then commit a NEW offense To be a new offense the offender must have been detected, sanctioned AND then commit a NEW offense

77 4/21/ Scoring Procedure Do not count index sex offense Do not count index sex offense Count historical offenses Count historical offenses Convert rules violations to 1 charge Convert rules violations to 1 charge Tally total number of charges and convictions Tally total number of charges and convictions Final score is based on the highest score considering charges and convictions Final score is based on the highest score considering charges and convictions

78 4/21/ Use most recent charging document, arrest report, Information or Felony Complaint Use most recent charging document, arrest report, Information or Felony Complaint Sex offense pled out to non-sex charge or conviction still count Sex offense pled out to non-sex charge or conviction still count Acquittals count Acquittals count Number of victims irrelevant Number of victims irrelevant Charges or convictions may be on a single victim Charges or convictions may be on a single victim Arrest with no formal charges=1 charge Arrest with no formal charges=1 charge REMEMBER...

79 4/21/ Sample Coding Historical Offense CHARGES Count 1PC 288(a)Lewd and Lascivious Acts W/Child Count 2PC 288(a) Lewd and Lascivious Acts W/Child Count 3PC 288(a) Lewd and Lascivious Acts W/Child Count 4PC 286Sodomy Count 5PC 288aOral Copulation Count 6PC 459Burglary = 5 CHARGES

80 4/21/ CONVICTIONS Count 1PC 288(A)Lewd and Lascivious Acts W/Child Count 4PC 286Sodomy Count 5PC 288aOral Copulation Count 6 PC 459Burglary = 3 CONVICTIONS Sample Coding Historical Offense

81 4/21/ 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. 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. None0 1-2 Charges1-2 Convictions Charges2-3 Convictions2 6+ Charges4 Convictions3

82 4/21/ Prior Sentencing Dates (Excluding Index) No. distinct occasions sentenced for criminal offenses before index sex offense No. distinct occasions sentenced for criminal offenses before index sex offense Exclude index sex offense Exclude index sex offense Do not count charges, acquittals Do not count court appearances overturned on appeal Driving offenses not count (DUI, reckless driving with injury) Driving offenses not count unless possibility of probation (DUI, reckless driving with injury)

83 4/21/ Prior Sentencing Dates (cont.) Do not count prison misconducts or parole violations Do not count prison misconducts or parole violations Mental Health commitments count as a sentencing date (NGI). Mental Health commitments count as a sentencing date (NGI). Juvenile offenses, informal probation, and Diversion count Juvenile offenses, informal probation, and Diversion count

84 4/21/ Minimum level of seriousness Minimum level of seriousness Do not count 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 6. Prior Sentencing Dates (cont.)

85 4/21/ Any Convictions for Non-Contact Sex Offenses Look at behavior-Not the name of the offense Look at behavior-Not the name of the offense Can score at time of Index Sex Offense Can score at time of Index Sex Offense only 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.)

86 4/21/ Any Convictions for Non-Contact Sex Offenses Do not count attempts to contact (save for the internet) Do not count attempts to contact (save for the internet) Do not count soliciting/prostitution Do not count soliciting/prostitution Scoring No convictions =0, Any convictions=1 Scoring No convictions =0, Any convictions=1

87 4/21/ Items Unrelated victim 8. Unrelated victim 9. Stranger victim 9. Stranger victim 10. Male victim 10. Male victim

88 4/21/ Scoring Victim Item (Male) and Relationship items (Unrelated & Stranger) Official Records Official Records Collateral Sources (CPS Reports) Collateral Sources (CPS Reports) Offender Self-Report Offender Self-Report Victims Reports Victims Reports  No polygraph interview or polygraph information unless corroborated by additional sources

89 4/21/ Victim characteristics Based on all available information 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 Only apply if victims were children or non- consenting adults Accidental victims do not count Accidental victims do not count Do not score victim information for Category B offenses Do not score victim information for Category B offenses Do not score victim information for sex of the animal Do not score victim information for sex of the animal

90 4/21/ Any Unrelated Victims Relationship too close for marriage Relationship too close for marriage Step-relationships lasting less than two years are unrelated Step-relationships lasting less than two years are unrelated Wives are related Wives are related Common-law more than 2 years related Common-law more than 2 years related No Category “B” victims No Category “B” victims No accidental victims No accidental victims Scoring 1 point for unrelated victim Scoring 1 point for unrelated victim

91 4/21/ Any Unrelated Victims These are unrelated 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

92 4/21/ Any Unrelated Victim If offender is unaware victim is family member, victim counts as unrelated If offender is unaware victim is family member, victim counts as unrelated

93 4/21/ Any Stranger Victims Victim knew the offender less than 24 hours Victim knew the offender less than 24 hours No accidental victims No accidental victims Two for one rule (if you have stranger automatically circle unrelated) 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 Victims contacted on Internet are only strangers if less than 24 hours of contact Scoring 1 point for having a stranger victim Scoring 1 point for having a stranger victim

94 4/21/ Any Male Victims Do not count Do not count  possession of male child pornography  Exhibitionism to mixed group of children  Accidental victims Count attempt to contact male victims over Internet Count attempt to contact male victims over Internet Scoring 1 point for having a male victim Scoring 1 point for having a male victim

95 4/21/ STATIC-99R CASE EXAMPLES

96 4/21/ Resources SARATSO web site displays all forms, including the Facts of Offense Sheet, Coding Rules, and policy manuals.


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