static-99r risk assessment

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: [email protected]


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 [email protected]
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[email protected]
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 [email protected]
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.
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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.
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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].)
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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.
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Submitting the FOS
3 ways to submit the Facts of Offense Sheet or
monthly spreadsheet:
 Email to [email protected]
 Fax to 916-227-5092
 Mail to:
HRSOP
4949 Broadway, Rm H-216
Sacramento, CA 95820
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Actuarial Risk Assessment

Considers a number of variables

Provides a specific statistical weight for each
variable

Gives a total risk score

Gives an associated risk probability
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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
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Static-99R
ITEMS
SCORE
5. Prior sex offenses
Charges
None
1-2
3-5
6+
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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
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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

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Use Risk Level in Your Reports
26
Predictive Accuracy
of Static-99R
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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
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Strengths of the Static-99R
Published and peer reviewed article
 Fully accounts for age
 Repeatedly cross validated or tested on
many different types of sex offenders
 Widely used and accepted
 Usually easy to score from records

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Weaknesses of the Static-99R

Modest predictive accuracy-it does not
identify every high risk offender

Still does not include all risk factors for
sexual recidivism, either static or dynamic

Must add a dynamic risk assessment
instrument for comprehensive risk
assessment
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The Use of Static Risk Scales in
the Community Management of
Sex Offenders
Provides initial base rate of risk once
released to the community
 Provides a way to divide sex offenders into
risk level
 Provides a scientific rational for
management plans for sex offenders
 Is defensible in court

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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
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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
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Static-99R can be used with the
following:

Developmentally Delayed Offenders In
Static-99R sample

Minority Offenders

Mental Health Issues
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Coding the Static-99R
1 = risk factor present
 0 = risk factor not present

Except Age Item (-3 to 1)
 Except Prior Sex Offences (0, 1, 2, 3)

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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
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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)

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Category B Offenses
Not informing a sexual partner of HIV
status (even if name is Category A offense
like Agg. Sexual Assault)
 Profiting from child prostitution
 Selling Pornography to minors

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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

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Probation uses age at assessment if writing the
P&S report and scoring on the index offense
41
Age and Sexual Reoffense
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2. Ever lived with a lover for at least
two years

Only item can omit or score both ways if no
information

Try to find collateral source

Male or female for at least two years.

Must be continuous (“on and off” does not count)

Do not count legal marriages less than 2 years
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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
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Coding Non-Sexual Violence
Convictions Items 3 & 4

Convictions only

Must have intent to harm others

Juvenile and adult convictions (Juv. Moved to
secure residential placement)

The same victims as the sex offense or different

Do not count convictions overturned on appeal
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Included Offenses (p. 27 coding)










Aggravated Assault
Arson
Assault (causing bodily harm)
Assault Police Officer
Attempted Abduction
Attempted Robbery
False Imprisonment
Felonious Assault
Forcible Confinement
Give Noxious Substance (to impair victim)
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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
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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)
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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.
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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
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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,
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4. Prior Non-Sexual Violence-Any
Convictions

Convictions for non-sexual violence prior to
the index sex offense.

Scoring No convictions=0, Any
convictions=1
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5. Prior Sexual Offenses
As long ago as 1911
Thorndyke stated that the
“best predictor of future
behavior is past
behavior.”
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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
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Sexual Offense

Criminal Justice Interventions Include
 Arrests
 Charges
 Convictions
 Parole & Probation Violations
 Institutional rules violations for sex offense
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Sexual Offense

Official Sanctions Include
 Imprisonment
 Fines
 Community supervision
 Loss institutional time for sex offense
 Acquittals count as charges
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Sexual Offense (cont.)

Count both juvenile and adult offenses

Sexual offenses are scored only from
official records-NO SELF REPORT

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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)

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Category “A” Offenses
(children and non-consenting victims)
Incest and non-incest child molest
 Annoy and molest children
 Rape
 Penetration foreign object
 Sodomy
 Oral Copulation

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Category “A” Offenses (cont.)
Sexual assault
 Sexual battery
 Sex with animals
 Sexual homicide
 Indecent exposure, exhibitionism

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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

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Category
Offenses (cont.)
Attempted sexual offenses
 Paying for sex with minor
 Giving porn to minors
 Covert photography (also non-contact)

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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
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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

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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

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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
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Offenses that are NOT Coded
(cont.)

Possession of child lures, clothing

Stalking (imminence)

Reports to CPS without criminal charges

Questioning by police not enough
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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
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IMMINENT:
Likely to happen without delay
 Impending
 Threatening
 Said of danger, evil, misfortune

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Special Coding Cases

Major mental illness
 Informal hearings and sanctions –
placement treatment facility, residential
moves count as charge and conviction
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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
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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
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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
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A Historical Sex Offense Can Be
 Sexual institutional rules violation
 Probation, parole or conditional release
violation(s)
 Arrest charges
 Convictions
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Historical Sex Offense (cont.)
 Based on sexual misbehavior occurring
PRIOR to the index sex offense.
 Includes juvenile and adult offenses
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REMEMBER...
 To
be a new offense the offender
must have been detected,
sanctioned AND then commit a
NEW offense
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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

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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
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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
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Sample Coding Historical Offense
CONVICTIONS




Count 1
PC 288(A)
Lewd and Lascivious
Acts W/Child
Count 4 PC 286
Sodomy
Count 5 PC 288a
Oral Copulation
Count 6 PC 459 Burglary
= 3 CONVICTIONS
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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
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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)

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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
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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

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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.)

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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

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86
Items 8 -10
 8.
Unrelated victim
 9.
Stranger victim
 10.
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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
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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
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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

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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
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Any Unrelated Victim

If offender is unaware victim is family
member, victim counts as unrelated
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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

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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

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STATIC-99R
CASE EXAMPLES
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Resources
SARATSO web site displays all forms,
including the Facts of Offense Sheet,
Coding Rules, and policy manuals.
 www.saratso.org

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