THE STATIC-99R SARATSO (State Authorized Risk Assessment Tool for Sex Offenders) SARATSO Individual risk assessment on sexual offenders is mandated by statute PC 290.03-09 PC 1203.067 W&IC 706 SARATSO 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 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. 4/13/2015 17 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. 4/13/2015 18 When do I have to do another Static99R? 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].) 4/13/2015 19 Where do I record the Static-99R Score? In the P&S report, under a separate section, “STATIC99R 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. 4/13/2015 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 4/13/2015 21 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 4/13/2015 22 Static-99R Items 1. Young Aged 18 to 34.9 Aged 35 to 39.9 Aged 40 to 59.9 Aged 60 or older 2 Ever lived with a lover for two years 1 0 -1 -3 0-1 3. Index non-sexual violence-any convictions 0-1 4. Prior non-sexual violence-any convictions 0-1 4/13/2015 23 Static-99R ITEMS SCORE 5. Prior sex offenses Charges None 1-2 3-5 6+ 4/13/2015 Conv. None 1 2-3 4+ 0 1 2 3 24 Static-99R Items (cont.) 6. Prior Sentencing Dates 7. Any convictions for non-contact sex offences 8. Any unrelated victims 9. Any stranger victims 10. Any male victims 4/13/2015 0-1 0-1 0-1 0-1 0-1 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 4/13/2015 Use Risk Level in Your Reports 26 Predictive Accuracy of Static-99R 4/13/2015 27 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 highrisk offenders will be correctly identified 4/13/2015 28 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 4/13/2015 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 4/13/2015 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 4/13/2015 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 4/13/2015 32 CODING THE STATIC-99R Coding the STATIC-99R-What You Need Demographic Official criminal history age at release index sex offense; relationship history prior sex offences; index non-sexual violence; prior non-sexual violence; prior sentencing occasions; convictions for non-contact sex offences Victim Information 4/13/2015 Use all credible information (except polygraph interview or polygraph) any unrelated victims; any stranger victims; any male victims 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 4/13/2015 35 Static-99R can be used with the following: Developmentally Delayed Offenders In Static-99R sample Minority Offenders Mental Health Issues 4/13/2015 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) 4/13/2015 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 4/13/2015 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) 4/13/2015 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 4/13/2015 40 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 4/13/2015 Probation uses age at assessment if writing the P&S report and scoring on the index offense 41 Age and Sexual Reoffense 4/13/2015 42 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 4/13/2015 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 4/13/2015 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 4/13/2015 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) 4/13/2015 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 4/13/2015 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) 4/13/2015 48 Military Non-sexual Violence Military If “undesirable discharge” then is nonsexual violence offense and sentencing occasion. Must have received undesirable discharge and left military because of that offense. 4/13/2015 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 4/13/2015 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, 4/13/2015 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 4/13/2015 52 5. Prior Sexual Offenses As long ago as 1911 Thorndyke stated that the “best predictor of future behavior is past behavior.” 4/13/2015 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 4/13/2015 54 Sexual Offense Criminal Justice Interventions Include Arrests Charges Convictions Parole & Probation Violations Institutional rules violations for sex offense 4/13/2015 55 Sexual Offense Official Sanctions Include Imprisonment Fines Community supervision Loss institutional time for sex offense Acquittals count as charges 4/13/2015 56 Sexual Offense (cont.) Count both juvenile and adult offenses Sexual offenses are scored only from official records-NO SELF REPORT 4/13/2015 Exception: Immigrants and refugees 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) 4/13/2015 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 4/13/2015 59 Category “A” Offenses (cont.) Sexual assault Sexual battery Sex with animals Sexual homicide Indecent exposure, exhibitionism 4/13/2015 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 4/13/2015 61 Category Offenses (cont.) Attempted sexual offenses Paying for sex with minor Giving porn to minors Covert photography (also non-contact) 4/13/2015 62 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 4/13/2015 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 4/13/2015 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 4/13/2015 65 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 4/13/2015 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 4/13/2015 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 4/13/2015 68 IMMINENT: Likely to happen without delay Impending Threatening Said of danger, evil, misfortune 4/13/2015 69 Special Coding Cases Major mental illness Informal hearings and sanctions – placement treatment facility, residential moves count as charge and conviction 4/13/2015 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 4/13/2015 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 4/13/2015 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 4/13/2015 73 A Historical Sex Offense Can Be Sexual institutional rules violation Probation, parole or conditional release violation(s) Arrest charges Convictions 4/13/2015 74 Historical Sex Offense (cont.) Based on sexual misbehavior occurring PRIOR to the index sex offense. Includes juvenile and adult offenses 4/13/2015 75 REMEMBER... To be a new offense the offender must have been detected, sanctioned AND then commit a NEW offense 4/13/2015 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 4/13/2015 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 4/13/2015 78 Sample Coding Historical Offense CHARGES Count 1 PC 288(a) Count 2 PC 288(a) Count 3 PC 288(a) Count 4 Count 5 Count 6 PC 286 PC 288a PC 459 4/13/2015 Lewd and Lascivious Acts W/Child Lewd and Lascivious Acts W/Child Lewd and Lascivious Acts W/Child Sodomy Oral Copulation Burglary = 5 CHARGES 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 4/13/2015 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 1-2 Charges 3-5 Charges 6+ Charges 4/13/2015 1-2 Convictions 2-3 Convictions 4 Convictions 0 1 2 3 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) 4/13/2015 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 4/13/2015 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 4/13/2015 Scoring 3 or less=0, 4 or more=1 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 noncontact sex offense.) 4/13/2015 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 4/13/2015 86 Items 8 -10 8. Unrelated victim 9. Stranger victim 10. 4/13/2015 Male victim 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 4/13/2015 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 nonconsenting 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 4/13/2015 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 4/13/2015 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 4/13/2015 91 Any Unrelated Victim If offender is unaware victim is family member, victim counts as unrelated 4/13/2015 92 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 4/13/2015 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 4/13/2015 94 STATIC-99R CASE EXAMPLES 4/13/2015 95 Resources SARATSO web site displays all forms, including the Facts of Offense Sheet, Coding Rules, and policy manuals. www.saratso.org 4/13/2015 96