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

SARATSO Individual risk assessment on sexual offenders is mandated by statute PC 290.03-09 PC 1203.067 W&IC 706 290.03-SARATSO statutes mandating risk assessments 1203.067- Parole’s role in risk assessments presentencing explained W&IC 706- Juveniles must be assessed if presentencing recommends commitment to DJJ

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

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: www.meganslaw.doj.ca.gov. (PC 290.46(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

Training The SARATSO Training Committee is in charge of arranging trainings for probation, parole, law enforcement & providers SARATSO web site: www.saratso.org 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

Trainings (continued) JSORATT-II trainings occur periodically, at least every 2 years. You will receive notice of how to sign up at www.saratso.org. 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.

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: www.saratso.org/training.

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

When not to Score the Static-99R PC 290.04 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 290.06(c)) Score only has to be included “if applicable,” meaning if the offender is eligible to be scored (PC 1203)

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

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].)

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: cahrso@doj.ca.gov.

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

Access to CSAR To set up a connection to CSAR: Call (916) 227-4123 or email vcic.csar@doj.ca.gov What is the CSAR Internet address? http://167.10.34.80/csar/login.seam Info re network: http://clew.doj.ca.gov Only law enforcement and criminal justice staff can access the CSAR.

Submitting Risk Scores to DOJ Static-99R, JSORRAT scores: Probation: e-mail FOS via secure server to cahrso@doj.ca.gov 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 cahrso@doj.ca.gov PC 290.09

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 290.07 (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; e-mail securely, fax or deliver yourself

If you CAN score the Static-99R: According to Penal Code Section 290.06, 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. 4/12/2017

If you CANNOT score Static-99R, use the following paragraph: Penal Code Section 290.06 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. 4/12/2017

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 4/12/2017 19

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. 4/12/2017 20

Submitting the FOS 3 ways to submit the Facts of Offense Sheet or monthly spreadsheet: Email to CAHRSO@doj.ca.gov Fax to 916-227-5092 Mail to: HRSOP 4949 Broadway, Rm H-216 Sacramento, CA 95820 NOTE THE NEW EMAIL ADDRESS AS OF JANUARY 2012 4/12/2017

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 4/12/2017 22

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 0-1 3. Index non-sexual violence-any convictions 0-1 4. Prior non-sexual violence-any convictions 0-1 NO MORE OVERRIDE POSSIBLITIES FOR ADVANCED AGE 4/12/2017 23 23

Static-99R 5. Prior sex offenses Charges Conv. ITEMS SCORE None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3 4/12/2017 24 24

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 0-1 4/12/2017 25 25

Scores and Risk Levels for Static-99R Score Label for Risk Category -3 - 1 = Low 2, 3 = Low-Moderate 4, 5 = Moderate-High 6 plus = High Use Risk Level in Your Reports 4/12/2017

Predictive Accuracy of Static-99R 4/12/2017

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 4/12/2017

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 4/12/2017 29 29

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 4/12/2017 30 30

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 4/12/2017 31 31

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 1202.8(b) PC unless Court determines it is not necessary 4/12/2017 32

CODING THE STATIC-99R 33

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! 4/12/2017 34

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. 4/12/2017 35

Static-99R can be used with the following: Developmentally Delayed Offenders In Static-99R sample Minority Offenders Mental Health Issues 4/12/2017 36

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) 4/12/2017 37

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. 4/12/2017 38

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. 4/12/2017 39

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 4/12/2017

1. Young Offenders age at the time he was released from the INDEX OFFENSE. Aged 18 to 34.9 1 Aged 35 to 39.9 0 Aged 40 to 59.9 -1 Aged 60 or older -3 Probation uses age at assessment if writing the P&S report and scoring on the index offense 4/12/2017 41

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 25-35 – 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 4/12/2017

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 4/12/2017 43

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. 4/12/2017 44

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 4/12/2017 45

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) 4/12/2017 46

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 4/12/2017 47

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. 4/12/2017 48

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. 4/12/2017 49

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 4/12/2017 50

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) 4/12/2017 51

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 4/12/2017 52

5. Prior Sexual Offenses As long ago as 1911 Thorndyke stated that the “best predictor of future behavior is past behavior.” 4/12/2017 53

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 4/12/2017 54

Sexual Offense Criminal Justice Interventions Include Arrests Charges Convictions Parole & Probation Violations Institutional rules violations for sex offense 4/12/2017 55

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. 4/12/2017 56

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 4/12/2017 57

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” 4/12/2017 58

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 4/12/2017 59

Category “A” Offenses (cont.) Sexual assault Sexual battery Sex with animals Sexual homicide Indecent exposure, exhibitionism 4/12/2017 60

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 261.5 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) 4/12/2017 61

Category Offenses (cont.) Attempted sexual offenses Paying for sex with minor Giving porn to minors Covert photography (also non-contact) NEW OFFENSES ADDED 4/12/2017

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 4/12/2017 63

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 4/12/2017 64

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 4/12/2017

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} 4/12/2017 66

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. 4/12/2017 67

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. 4/12/2017 68

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 4/12/2017

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. 4/12/2017 70

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 4/12/2017 71

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. 2005 offense for which he’s convicted in 2007, but in 2008 he’s convicted for an offense in 2004. 2 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. 4/12/2017 72

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 2004 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. 4/12/2017 73

A Historical Sex Offense Can Be Sexual institutional rules violation Probation, parole or conditional release violation(s) Arrest charges Convictions 4/12/2017 74

Historical Sex Offense (cont.) Based on sexual misbehavior occurring PRIOR to the index sex offense. Includes juvenile and adult offenses 4/12/2017 75

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. 4/12/2017 76

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. 4/12/2017 77

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 4/12/2017 78

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 4/12/2017 79

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 4/12/2017 80

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 0 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 4/12/2017 81

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 4/12/2017 82

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 4/12/2017 83

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 4/12/2017 84

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 4/12/2017 85

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 4/12/2017 86

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. 4/12/2017 87

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 4/12/2017 88

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 4/12/2017 89

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. 4/12/2017 90

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 4/12/2017 91

Any Unrelated Victim If offender is unaware victim is family member, victim counts as unrelated 4/12/2017

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. 4/12/2017 93

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 4/12/2017 94

STATIC-99R CASE EXAMPLES 4/12/2017 95

Resources SARATSO web site displays all forms, including the Facts of Offense Sheet, Coding Rules, and policy manuals. www.saratso.org Click on the SARATSO link on the right side of the page 4/12/2017