Static-99R

2016 Coding Rules 8/17/2017

Jacob Bezanson, MSW

1 Why Assess Risk? o Promoting public safety o Routine interventions o Targeting scarce resources ◦ Officer time ◦ Treatment o Exceptional measures o Rank order individuals

2 Why Assess Risk? Risk Need Responsivity Model (RNR) ◦ Risk: Who should be targeted to receive the most resources ◦ Need: What should be targeted in treatment to have the greatest impact on recidivism. ◦ Responsivity: How should treatment be delivered Using validated assessments allows for the accurate adherence to these principals, and a common standardized vocabulary to communicate risk.

3 Static, Stable, and Acute Risk Factors Definitions Static – Non-changeable life factors that relate to risk for sexual recidivism, generally historical in nature Stable – Personality characteristics, skill deficits, and learned behaviors that relate to risk for sexual recidivism that may be changed through intervention Acute – Risk factors of short or unstable temporal duration that can change rapidly, generally as a result of environmental or intra-personal conditions 4 Three Generations of Risk Assessment (Bonta 1996)

First Generation = “Clinical Judgment” ◦ Unstructured, Non-replicable, Personal Discretion ◦ Based on experience and level of knowledge of the literature ◦ Non-standard (even within same institution) ◦ Level of prediction little better than chance Second Generation = “Actuarial Assessment” ◦ Static, Actuarial, Structured, Replicable, Less open to Interpretation ◦ Based on factors empirically related to recidivism ◦ Standardized assessment, “Static” - Cannot measure change ◦ “Moderate” Levels of prediction, ROC’s upper 60’s to lower 70’s Third Generation = “Dynamic Assessment” ◦ Based on factors empirically related to recidivism ◦ Standardized assessment, Measures change

◦ Actuarial measure with dynamic factors 5 Prediction of Sexual Recidivism

Measures Designed for d (95% CI) N (k) Sexual Recidivism Empirical Actuarial .67 (.63-.72) 24,089 (81)

Mechanical .66 (.58-.74) 5,838 (29)

Structured Judgement .46 (.29-.62) 1,131 (6)

Unstructured .42 (.32-.51) 6,456 (11)

6 Evolution- Static-99R

Step 1: Identify Static Risk Factors . (Hanson & Bussiere, 1996, 1998)

So, what happens when you combine risk factors? . For example, how much riskier is a guy who is both young and has prior offenses?

7 Evolution- Static-99R

Step 1: Identify Static Risk Factors . (Hanson & Bussiere, 1996, 1998)

Step 2: Combine Risk Factors . RRASOR (Hanson, 1997)

8 Rapid Risk Assessment for Sex Offense Recidivism (RRASOR, Hanson, 1997)

. Any male victim (0 = no; 1 = yes) . Any unrelated victim (0 = no; 1 = yes) . Prior sex offenses (3 points) . Age (1 = 18-24.9; 0 = 25+)

9 Evolution- Static-99R

RRASOR Static- 99 SACJ-MIN

10 Evolution- Static-99R

Original Coding Rules 2003 Static-99 was revised in with a new age weights for Item 1, renamed the Static-99R New Static-99R Coding Rules 2016

11 Sex Offender Risk Assessment Basis for STATIC-99R

STATIC (unchangeable) factors o Age o Ever Lived With ... o Current non-sex violence o Prior non-sex violence o Prior sex offense s o 4+ sentencing dates o Non-contact sex offense(s) o Unrelated victims o Stranger victims Male victims o 12 Who Can I Use This With?

Population STATIC-99R STABLE-2007 ACUTE-2007

Adult Male Sexual Offenders, with at    least one “Category A” offense Adult Male Sexual Offenders with only    “Category B” offense history Juvenile offenders With Caution With Caution With Caution aged 17 (released age 18 or older) Juvenile offenders 16 years and less    Adult female 13 offenders    Risk for Female Sexual Offenders

Low Sexual Recidivism Rates ◦ Cortoni, Hanson, & Coache (2011) found recidivism rates less than 3% (10 studies, n = 2,490) Recidivism Risk Factors are Unknown ◦ We recommend that you use a risk scale designed for general or violent recidivism that has been validated on female offenders (e.g., LS/CMI, Andrews & Wormith, 2004)

14 Static-99R with Adolescents who Sexually Offend (Page 14)

Can be used on offenders who are released after age 18 and their sex offense was at age 17 (previously was 16) AND The offense appears adult like (not antisocial with a sexual component)…otherwise do not use.

15 STATIC 99R and Gender Transformation (Page 16)

Male to female transgender: . Static 99R can be used until the offender does not have a penis and has lived as a woman for at least 2 years

Female to male transgender . Do not use the Static on this population as they are outside the sampling frame of the scale.

16 Generalizability Stability of findings across settings and samples Finding from Static-99R meta-analysis (23 samples; Helmus et al., 2012) ◦ Relative risk is stable (no significant variability) across diverse samples/settings ◦ Absolute risk varies significantly across samples

17 Ethnicity and Static-99R (Page 16) o Aboriginal, African-American offenders and African-Asian offenders score higher on Static-99R than Caucasian offenders o Latino offenders score lower on Static-99R than Caucasian offenders. o This does not mean that Static-99R predicts differently between these groups. o Note in your report that it predicts better for Caucasian offenders (Mdn=.76) than non-Caucasian offenders (Mdn=.70) Not stat sig difference

18 Sexual Recidivism Rates (%)

5 years 10 years 15 years

Rapists 14 21 24

Incest offenders 6 9 13

Girl victim child molesters 9 13 16

Boy victim child molesters 23 28 35

19 Sexual Recidivism Rates (%)

5 years 10 years 15 years

No prior sex offense(s) 10 15 19 Any prior sex offense(s) 25 32 37

20 STATIC-99R Sexual Reconviction Rates

1

0.8 Low 0.6 Medium-Low 0.4 Medium-High High 0.2

0

Years after release

21 Caveats for Predictive Accuracy: Conscientiousness effect?

Completed Did Not All Steps Complete All Steps Static-99R AUC = .80 AUC = .68

AUC = .76 AUC = .58 Stable-2007 (ns)

22 DSP Outcomes – Sexual offenses “Overall” versus “Conscientious”

Recidivism Rate Test ROC Overall 7.2% STATIC-99 .74 “Sexual” (57/793) S-99 & STABLE-07 .76 6.8% STATIC-99 .81 Conscientious (23/336) S-99 & STABLE-07 .84

23 “Conscientious” effect: Stuff to think about o Data from Dynamic Supervision Project (Hanson, Helmus, & Harris, 2015) o Completed all assessments requested: Static-99, STABLE- 2000, ACUTE-2000, and override for Static o Points out need for good training o Points out need for “management buy-in” o Findings say – “It works pretty well if you take it seriously” o Assessors have to be careful and consistent

24 The Static-99R Strengths o Empirically derived risk factors for sexual recidivism o Explicit rules for scoring the factors and getting a total risk score o Can rank offenders in terms of relative risk, robustly o Relatively objective instrument scoring o STATIC instruments are rarely if ever challenged in evidentiary hearings in court o Most commonly used actuarial risk scale for sexual offenders o Moderate predictive accuracy in 63 replications (Hanson & Morton-Bourgon, 2009)

25 The Static-99R Limitations o Moderate Predictive Accuracy (AU .69-.70) o Does not include all factors that predict sex offending o Absolute recidivism rates associated with specific risk scores vary across samples making estimates “more complex.” o Does not adequately measure general or violent recidivism (BARR-2002R)

26 General Scoring Issues o Stick to the Coding Rules . Even if they may not make sense to you or you do not agree. They are written that way for a reason to match the data sets on which the instrument was developed. You have to remember the intention of the scoring item, what was the original population. o Consider external risk factors (SRA-FV, VRS-SO, or STABLE-2007) o “Over-rides” not related to sexual recidivism or already considered will decrease predictive accuracy.

27 Key Concepts and Definitions

28 Standards of Proof in Decision Making for Coding Static-99R

Beyond a Reasonable Doubt: Highest standard. It requires near certainty and is the standard necessary for criminal convictions.

Clear and Convincing Evidence : Higher standard than the Balance of Probabilities, but it is not quite as high as Beyond a Reasonable Doubt.

Balance of Probabilities (a.k.a., Preponderance of Evidence): Lowest standard. It is common in civil cases and basically means “more likely than not,” or at least 51% certainty.

29 Sexual Motivation vs. Economic Gain

May or may not have sexual motivation Economic Gain: ◦ An offender arranges for another offender to molest a child but did not participate in the act for sexual motivation> It was economic. (Not a Sex Offense) ◦ Human trafficking / Pimping / Pandering for economic gain. Sexual Motivation: ◦ An offender wants to watch a video of the molestation for sexual arousal or he pimps a minor for economic gain and engages in sex with minor.

30 Sexual Motivation (Page 20-21)

To count a charge or conviction as a sex offense there should be sexual o motivation for the offense, or it should be clearly part of the commission of the offense and/or based on self-report. o Non-Sexual Motivation . Forcible confinement- e.g. locked victim’s boyfriend in bathroom so he can sexually assault the victim, not sexual motivation . Break and Enter, burglary is not a sex offense unless it had a sexual motivation . Stalking motivated by sexual jealousy o Sexual Motivation . Offender followed a woman home and broke into her house with the intent to sexually assault her. He then stole some jewelry. Charged with Burglary, Theft, and Rape. The Burglary and Rape had sexual motivation and both count as sex offenses

31 Self Report in Static 99R (Pages 8-9)

For immigrants and refugees from third world countries and old out-of-state records where confirmation is not possible you can use self report for criminal history.

Self-report information in all other cases can not be used to substitute criminal record, it can be used to clarify behavior and help determine if an offense was sexually motivated. (He admitted the theft involved stealing women’s underwear.)

Must meet “Clear and Convincing Evidence” for self report of criminal history (i.e., consistent with his known criminal history).

32 Self Report, Continued

If you have charges with no information on convictions you can use self-report if you have “Clear and Convincing Evidence” that it is true. Self-report for the Victim Items is generally acceptable if there is a conviction or not. Use the “Balance of Probabilities” standard when scoring victim items. Self-report can be used in Items #1,2,8-10.

33 Polygraph Information (Page 18)

Information from polygraph interviews or examinations is not used to score Static-99R in most cases . Not used in the developmental and validation of Static-99R . Exclude admissions initially made in preparation for a polygraph examination, during the pre-polygraph interview, during a post- test polygraph interview, or subsequent to testing deceptive on a polygraph examination. Even if these admissions are later repeated in treatment or interviews. . Polygraph-assisted disclosures give greater diversity of victim types and numbers leading to higher scores on Static-99R . Only use polygraph admissions when the information that is provided would support a new criminal investigation (essentially a confession)

34 Scoring Truly Imminent Offending (Page 26)

A sex offense would have occurred as part of the same behavioral sequence but for the detection and intervention from others Some Parole/Probation violations can be counted as a sex offenses if offending is imminent Established by “Clear and Convincing Evidence” Impending (minutes to hours) . Grooming alone does not necessarily equate to imminent . High bar-”naked wrestling game”

35 The Index Sex Offense (Page 38-40)

Most recent sexual offense:

Can be an arrest, charge, conviction, parole or probation violation, institutional o rule violation

Can be a Category “B” Offense if he has a prior Category “A” offense (and those o have been expanded). o Can include a sexual related offense while out on bail o May include multiple victims o Watch out for Index Clusters and Pseudo-Recidivism . To be a SEPARATE offense: Did the offender reoffend after being detected (charge or equivalent) for previous behavior?

36 Index Cluster Sex Offense

INDEX CLUSTER (Four Types) Spree of offending at the same time or over a period of o time. Sentencing as a group at the same time in the same place Spree of offending at the same time or over a period of o time with sentencing in multiple jurisdictions and dates PSEUDO-RECIDIVISM: Historical offenses detected after o conviction for more recent offense Multiple Sexual Institutional Rule Violations on same o sentence collapse together as a cluster

37 8 Category A vs Category B Offenses (Pages 21-25)

Category “A” oSexually motivated crime against an identifiable victim oE.g., sexual assault, child molestation; exhibitionism, voyeurism Category “B” oNo sexual motivation . Urinating in public . Selling porn to minors oNo identifiable victim . Prostitution offense(s) (only exception: paying for sexual services from a minor) . “Public toiletting” . Child pornography offense(s) (except creating it with live victim) oNot disclosing HIV-positive status to sex partners oIf offender has any Category A offense, all Cat B offense(s) count as sexual offenses Category “A” Offenses

o Category “A” offenses includes all child or non- consenting adult victim(s) o Not just hands on offenses . exhibitionism, voyeurism, sex with animals and dead bodies

39 Category “A” Offenses

o Sexual Assault (Rape, Child Molestation, Incest) o Attempted sex offenses (Attempted Rape, Attempted Child Molestation)

o (new) Compelling the commission of any sex offenses (bestiality, incest, or sexual assault) or other sexual behavior (e.g., flashing on a webcam), regardless of whether it is compelled in person or via the internet

40 Category “A” Offenses o (new) Sting operations with intent to commit a Category “A” offense o Contributing to the delinquency of a minor (with sexual motivation) o Promoting Pornography (no economic motive: presume that intent is sexual (grooming) unless there is clear economic motive

41 Category “A” Offenses o Covert photography (Voyeurism) - Victim is the person being photographed for sexual purpose-they may know it or not know it o Exhibitionism (with no sexual motive then Category “B” offense) o Facilitating a sex offense with a controlled substance/Giving a noxious substance (when the purpose of giving the substance is to facilitate a sex offense)

42 Category “A” Offenses

o Incest o Indecent Exposure o Invitation to Sexual Touching o Internet Luring o Promoting Travel for Commercial Sexual Abuse of a Minor

o Lewd or Lascivious Acts with a Child o Molest children o Telephone Harassment (Sexual Motivation)

43 Category “A” Offenses o Online Solicitation of a minor o Commercial Sexual Abuse of a Minor o Rape (includes in concert) o Requesting feces or urine for the purpose of masturbation o Sexual Assault or Assault w/ Sexual Motivation o Sexual Assault Causing Bodily Harm o Sexual Battery or Assault w/ Sexual Motivation

44 Category “A” Offenses

o Sexual Communication with a Minor o Sexual Homicide o Sex offenses against animals (Bestiality) o Sex offenses involving dead bodies o Sodomy (includes in concert and with a minor, excludes consenting sexual activity with adults)

o Unlawful sexual intercourse with a minor (unless it falls under the category of consenting sex among similar age peers)

o Voyeuristic activity

45 Category “A” Offenses Manufacturing/Creating Child Pornography where an identifiable child victim was used in the process (new- expanded). . Offender must participate in creation of CP with a human child, be physically present or via internet watching sexual abuse live . Remote creation of the child sexual abuse images without the offender present or watching abuse live is Category “A” if offender directed or asked for specific photos or scenes to be created and they were shared with him or others.

46 Category “A” Offenses

Manufacturing/Creating Child Pornography where an identifiable child victim was used in the process, con’t. . Obscene written stories with sexual abuse of an identifiable child are Category “A” if shared with others . If an obscene written story is written for the offenders own personal use then is a Category “B” offense. . Digital creation of child abuse images (super-imposing photos of a real child onto existing CP images) is a Category “B” offense.

47 Category “B” Offenses o Sexual behavior is illegal, parties are consenting o No identifiable victim is involved o Exception: Non-disclosure of HIV positive status is Category “B” (code on victim items) o Category “B” offenses CAN be the index sex offense if he has a prior Category “A” offense

48 Category “B” Offenses o Consenting sex in public places (gross indecency) o Crimes relating to Child Porn (CP) (possessing, selling, transporting, creating where only pre-existing images or digital creation of CP are used) o Indecent behavior without a sexual motive (e.g., urinating in public o Possession of CP . Digital, child bots, written stories not shared, drawings without a live child model, avatars

49 Category “B” Offenses

o Not informing a sexual partner of HIV status (even if name is Category A offense like Assault w/ Sexual Motivation)(code victim items)

o Polygamy o Revenge porn: Distributing obscene images of a person without their consent

o Behaviors motivated by anger/revenge but have a sexual connotation are Category B

50 Category “B” Offenses

Prostitution-related offense(s) . Promoting Prostitution . Pimping/Pandering . Commercial Sexual Abuse of a Minor . Coercing other into sex trade (human trafficking) . Seeking/hiring prostitutes (unless paying a minor for sex) . Solicitation of a prostitute (unless soliciting a minor for prostitution) . Selling pornography to minors (giving porn to minors for free is assumed to have sexual motivation and be Category “A”)

51 2

Consenting sex between similar age peers

Cases where the following three conditions are met: . The “alleged victim” states that the sex was cooperative and has never claimed otherwise . The offender had no pre-existing power relationship (e.g., swim instructor, therapist), AND . No more than 3 year age difference between offender and “victim” (5 years if offender is obviously of lesser cognitive developmental capacity than victim) Consenting sex between similar aged peers

o Statutory Rape offenses under certain circumstances can not be scored if it meets the definition of consenting sex between similar aged peers. o Sexting (Page 22) . Category “A” offense if sexting is not between consenting similar aged peers and the victim is a minor (can count as a victim) . Category “B” if sexting was between underage peers and it was shared with other peers without consent . Not a sexual offense if the sexts are consensual and remain solely between two underage peers (“sender” and “receiver”)

53 Not Considered Sex Offenses for Static-99R

o Consensual sexual activity in prison o Failure to register as a sex offender o Presence of children, having child lures, loitering at schools o Stalking motivated by sexual jealousy o Reports to CPS without criminal charges o Questioning by police no formal arrest o Non-sexual technical violations of parole and probation such as alcohol or drug use

54 Sexual Threats Online (Page 22)

Category A . Credible threats against identifiable victim Category B . Impersonal/generic threats where there is doubt that the threat could realistically be carried out - E.g., anonymous rape threats online Not an offense . Non-criminal behaviors that normally would not attract a criminal charge for someone not involved in the criminal justice system, even if the offender gets institutional violation . E.g., “suck my dick” to a female correctional officer

55 Coding the Static-99R

56 Coding the Static-99R o 1 = Risk Factor Present o 0 = Risk Factor Not Present o Exception - Age Item (-3 to 1) o Exception - Prior Sex Offenses (0, 1, 2, 3)

57 Information Required to Score Static- 99R o Demographics . DOB for age item . Relationship history for “Ever lived with an intimate partner” o Official Criminal History . Prior sex offenses; Index non-sexual violence; prior non-sexual violence; prior sentencing occasions; convictions for non-contact sex offenses o Victim Information . Use all credible information (except polygraph) . Any unrelated victims; any stranger victims; any male victims

58 Item 1: Age (Page 46-48) Offenders age at the time he was released from the INDEX SEX OFFENSE. . Aged 18 to 34.9 1 . Aged 35 to 39.9 0 . Aged 40 to 59.9 -1 . Aged 60 or older -3

59 Age and Sexual Re-offense

60 Age at Release from Index Sex Offense o Does not get updated over time after release . Does not get re-assessed if offender revoked from conditional release for index offense o May be very different from age at release from current non-sex offense (Failure to Register cases) o For index cluster, use latest release o Sent directly for SVP commitment without release from index = not released yet

61 What Does “Release” Mean? o Parole, Probation, Community Custody, Supervised/conditional release o Under GPS monitoring o Bail/Bond o Released under own recognizance o Charges were dismissed o Living in psychiatric facility or rehab on a voluntary basis

62 Does not count as “Released” o Work release from custody o Escape or elopement status o Living in psychiatric facility or rehab involuntarily o In the community with such severe restrictions that opportunities to offend are similar to jail (e.g., house arrest)

63 Possible Exception to “Release”

If an offender was “released” from the index sex offense, was returned to custody for a technical violation quickly so that the case is comparable to someone who has been continually incarcerated with no release at all. You can score their age based on their current anticipated age of re-release.” This decision should only be made in extreme circumstances and is a judgment call if: . the offender was in the community for a short period of time after the initial release from the index offense (no more than 6 months) . he was returned to custody for a technical violation, and . since the revocation, the offender has been in custody for 10 or more years without any kind of release. If this decision is made, the evaluator should clearly explain why he or she did not count the initial release.

64 Item 1 - Age

Name: Mr. Abarth DOB: 11-1-81 Assessment Date: Today

Date Charge(s) Disposition Release Date

6-1-10 Sexual Assault (3 counts) Convicted on all counts 12-31-11 2 years prison 1-29-12 Robbery Convicted, 5 years prison 11-2-16

2010 - Mr. Abarth molested his 4 year old niece over a period of 1 year

Risk Factor Codes Score 1. Age at Release 18 to 34.9 1 35 to 39.9 0 40 to 59.9 -1 60 and > -3

65 Item 1 - Age

Name: Mr. Acura DOB: 8-27-97 Assessment Date: Today

Date Charge(s) Disposition Release Date 9-1-14 Obscene Phone call Convicted, 6 months Youth Authority 7-30-15

8-1-16 DUI Convicted, 1 year jail 8-1-17

On 9-1-14 Mr. Acura, who is developmentally delayed, made a lewd phone call to his basketball coach’s wife after he was benched in the prior evening’s game.

Risk Factor Codes Score 1. Age at Release 18 to 34.9 1 35 to 39.9 0 40 to 59.9 -1 60 and > -3

66 Item 1 - Age

Name: Mr. Audi DOB: 12-31-76 Assessment Date: Today

Date Charge(s) Disposition Release Date 4-7-12 Suspected of indecent Questioned by police N/A exposure 11-1-16 Indecent Exposure Arrest only, dismissed N/A

Mr. Audi had little privacy at home and often masturbated in his car, a 2011 2 door Audi TT.

Risk Factor Codes Score 1. Age at Release 18 to 34.9 1 35 to 39.9 0 40 to 59.9 -1 60 and > -3

67 Item 2 - Ever lived with a intimate partner for at least two years continuously (Page 49-51)

The Basic Rule: . If the offender has never had a live-in, intimate adult relationship of two years duration prior to release from the index, you score the offender a “1” on this item.

. If the offender has had a live-in, intimate adult relationship of two years duration prior to release from the index, you score the offender a “0” on this item.

. (NEW) Note that this needs to have been prior to his release from the index offense.

68 Item 2 - Ever lived with intimate partner for at least two years continuously

Only item that can be omitted or scored both ways if no o information Judge on the “Balance of Probabilities” if they have lived with an o intimate partner for two years o Try to find collateral source Must be continuous (e.g. marriage does not mean they don’t score o in this area).

69 Item 2 - Ever lived with a intimate partner for at least two years continuously o Nature/quality of relationship is not assessed (unless the partner is sex offense victim) . Relationships with adult sex offense victims do not count unless lived together for two years before the sexual offending o Do not count prison marriages o Relationships where partners live with their parents as a couple can be counted if the other criteria is met o Polyamorous relationships can count as long as the offender has lived with at least one of his intimate partners for two years or longer.

70 Item 2 - Ever lived with a intimate partner for at least two years continuously o If offender (as a minor) lives with a minor, can not count time until they cohabitate for 2 years as adults. Adults is defined as over the age to consent to marry. o Child victims in a “lover relationship” never count o Live-in relationships with “once child victims” never count o If the offender offended against his partner’s children the relationship can still count if it lasted at least 2 years

71 Item 2 - Ever lived with a intimate partner for at least two years continuously o Extended absences . Identifiable home, look at nature and consistency of relationship . Honest attempt of long-term committed relationship versus convenience o Short periods of incarceration (31 days or less) would be considered continuous . After 32 days, it would be considered a break in the relationship and the clock would start over. o Roommates—Do not count if they have had sex a few times but do not consider themselves in a relationship. o Homelessness—Do not count o One point for not having lived with lover for 2 years

72 Item 2 – 2 year intimate relationship

Name: Mr. Bentley DOB: 7-1-90 Assessment Date: Today

Date Charge(s) Disposition Release Date 1-30-10 Rape Convicted of one count of rape 1-1-12 Sentenced to 2 years prison Released 1-1-12 89-30-14 Robbery Convicted of Robbery 8-30-16 Sentenced to 2 years State Prison

Mr. Bentley married Betty L. in February 2012. They lived together until his arrest on 8-30-14 and plan on reuniting upon his release.

Risk Factor Codes Score 2. Married/lived with, continuous romantic relationship > 2 years Yes 0 No 1

73 Item 2 – 2 year intimate relationship

Name: Mr. Bugatti DOB: 6-17-59 Assessment Date: Today Date Charge(s) Disposition Release Date 1-30-79 Lewd Acts (x3) Convicted of Lewd Acts (x3) 1-1-84 Sentenced to 10 years State Prison 1-12-86 Possession of Parole Violation 2-16-86 toys (child lure) 8-30-14 Obscene Phone Convicted 11-30-16 Call Sentenced to 3 years State Prison Mr. Bugatti began dating Susie in January 1984. They lived together until July of 1986 when Susie began dating Mr. BMW. In March of 2012, Mr. Bugatti began dating Katie and Sally at the same time and they all moved in together. Katie and Sally never had sex with each other but Mr. Bugatti had sex with Sally approximately 3 times a week and Katie 2 times a year as Katie was regularly working as a prostitute. Mr. Bugatti said he loved both of them. Sally moved out in November of 2013 as she felt the arrangement was immoral but Katie stayed until Mr. Bugatti’s arrest in 2014. Risk Factor Codes Score 2. Married/lived with, continuous romantic relationship > 2 years Yes 0 No 1

74 Items 3-5: Key Concepts

75 Conviction/Sentencing Date: General Definition

o Offender attends court, admits to the offense (or is found guilty), and receives some form of sanction

o When in doubt, a conviction requires ALL of the following . A court or administrative tribunal using due process, resulting in . An admission or finding of guilt . “Beyond a Reasonable Doubt” OR “Clear and Convincing Evidence” if not criminal court . A sanction, to include:  Alternative dispositions  Community supervision  Conditional discharges  Fines  Imprisonment  Community-based Justice Committee Agreement

76 Count as Convictions

o Juvenile offense(s) o Probation before judgement o Consent decree o Suspended sentences (formal probation instead of jail) o Misdemeanours

77 Count as Convictions o Adjudication withheld o Clergy/military and other professions, need a specific sanction o Conditional/absolute discharges o Extension of sentence by parole board o Fail to register as sex offender . General offense, not a sex offense o Graduated penalty offense(s) o Juvenile offense sanctions

78 Count as Convictions

o Not Criminally Responsible due to Mental Disorder /Not Guilty by Reason of Insanity o Official cautions o Pardoned offense(s) o CHINS/ARY Petitions o Stayed charges/sentences o Suspended sentences

79 Parole/Probation/Community Custody Violations-Convictions o Offending behavior must be a criminal offense for those not under sanction (Balance of Probabilities) o Probation order . IF there is court hearing, finding of guilt, and new sanction o Parole violation . Finding of guilt from quasi-judicial body and offender remains in custody after determination of guilty (more than time served) o Separate violation occasions count (but multiple charges laid at same time are considered 1)

80 Index Sex offense (Pages 38-40)

o Most recent sex offense . Conviction, charge, arrest, breach, prison misconduct for sexual crime. . Anything that can count as a charge or conviction can count as an index offense as long as it meets the definition of a sex offense (sexually motivated/sexual elements) o May include multiple victims/offense(s)

81 Index Clusters o Multiple sentencing occasions can form an Index cluster o Post-index offense(s): excluded from Static-99R o To be a SEPARATE offense : Did the offender reoffend after being detected (charge or equivalent) for previous behaviour?

82 Index Clusters

INDEX CLUSTER (Four Types) o Spree of offending at the same time or over a period of time. Sentencing as a group at the same time in the same place o Spree of offending at the same time or over a period of time with sentencing in multiple jurisdictions and dates o PSEUDO-RECIDIVISM: Historical offenses detected after conviction for more recent offense o Multiple Sexual Institutional Rule Violations on same sentence collapse together as a cluster

83 Identify the Index offense(s)

Behavior Date Conviction Date Sentence 1. Exposes self in July, 1990 public 1. Indecent Exposure Oct, 1990 2 years probation 2. Touches Suzie Jan, 1992 3. Internet porn 1998- 2000 2. Child Molest 3rd May, 2000 18 months (child) 3. Child May, 2000 18 months Pornography 4. Drinking Sept, 2001 4. Parole Violation Sept, 2001 Recommitted

84 Identify the Index offense(s)

Behavior Date Conviction Date Sentence 1. Sex assault Jill Aug, 1995

2. Sex assault Joan Sept, 1996

3. Sex assault Sue Dec, 1996

3. Rape 2 (Sue) March, 3 years 1997 1. Rape 2 (Jill) Sept, 1998 2 years concurrent 2. Rape 2 (Joan) Jan, 2000 3 years probation

85 Post Index Offenses (Page 40-41)

Static-99R is intended to summarize the offender’s risk of sexual recidivism on the day of their first opportunity to reoffend after the index offense. Offense behaviors that occur after the index sex offense sentencing date are considered post-index offenses and do not count. . Post index sex offenses create a new index sex offense . Post index violent or non-violent offenses should be considered external risk factors and do not count.

86 Prior Offenses (Page 41)

An offense (sexual, non-sexual violent, or non violent) would be counted as a prior offense if the offender committed a new offense after being detected for the offense in question, but prior to the detection

Follow the rule that an offense will count as a prior if, after being detected for it, the offender commits a new offense that is still prior to detection for the index sex offense.

87 Separating Index, Priors, and Post- Index offense(s)

Multiple Examples

88 John Johnson sexually offends against his daughter between 2000 and 2004 and is charged and sentenced in 2006. He commits a sexual assault against another victim in 2001 and is charged in 2001. He commits a non-sexual assault in 2005 and is charged and sentenced in 2005.

89 Richard Jones sexually offends between 1976 and 1979. He commits a sexual offense in 1988 and is sentenced in 1989. He commits a sexual offense in 2002. Due to publicity for this offense , his victims from the 1970s come forward and he is convicted and sentenced for the 2002 offense as well as the historical offense s from the 1970s.

90 James Smith sexually offends between 1976 and 1979. He commits a sexual offense in 1992 and is sentenced in 1995. In 2002 he is charged for the offenses in the 1970s.

91 o Index sex offense behavior o Non-sexual offense behavior o Non-sexual offense behavior detection/conviction o Index sex offense detection/conviction

92 o Index sex offense behavior o Non-sexual offense 1 behavior o Non-sexual offense 1 detection/conviction o Non-sexual offense 2 behavior o Non-sexual offense 2 detection/conviction o Index sex offense detection/conviction

93 o Index sex offense behavior o Non-sexual offense 1 behavior o Non-sexual offense 1 detection/conviction o Non-sexual offense 2 behavior o Index sex offense detection/conviction o Non-sexual offense 2 detection/conviction (at the same time)

94 o Non-sexual offense 1 behavior o Non-sexual offense 1 detection/conviction o Index sex offense behavior o Non-sexual offense 2 behavior o Index sex offense detection/conviction o Non-sexual violence 2 detection/conviction

95 o Non-sexual offense 1 behavior o Non-sexual offense 1 detection/conviction o Index sex offense behavior o Index sex offense detection/conviction o Non-sexual offense 2 behavior o Non-sexual offense 2 detection/conviction

96 Items 3 and 4 Non-Sexual Violence

o Identify all non-sexual violent convictions where the behavior was committed prior to the detection for the last component of the index sex offense o They can then be identified as either index or prior non- sexual violence

97 Item 3 - Index Non-Sexual Violence Any Convictions (Pages 52-57)

The Basic Rule: o If the offender’s criminal record shows a conviction for a non-sexual violent offense as part of the Index or Index Cluster, you score the offender a “1” on this item o If the offender’s criminal record does not show a conviction for a non-sexual violent offense as part of the Index or Index Cluster, you score the offender a “0” on this item

98 Item 4 - Prior Non-Sexual Violence Any Convictions (Page 58-62)

The Basic Rule: o If the offender’s criminal record shows a separate conviction for a non-sexual violent offense prior to the Index offense , you score the offender a “1” on this item. o If the offender’s criminal record does not show a separate conviction for a non-sexual violent offense prior to their Index offense , you score the offender a “0” on this item.

99 Items 3 and 4 Excluded Offenses o Arrests and Charges o Convictions Overturned on Appeal o Post-Index Non-Sexual Violence o Institutional Rules Violations o Driving Accidents or Convictions for Negligence Causing Death or Injury o Resisting Arrest

100 Items 3 and 4 Non-Sexual Violence o Convictions only o Juvenile and adult convictions o The same victims as the sex offense or different Offense definition must require intent to harm, force, o touching, threats and cause concern for one’s safety Use rules regarding prior, post-index, and index clusters when o determining a score In cases where you do not have specific information o regarding the dates of offense, you would default to the chronological charge/conviction dates included in the official criminal history

101 Items 3 and 4 Included Offenses

o Abduction o Aggravated Assault o Arson o Assault o Assault Causing Bodily Harm o Assault Peace/Police Officer o Attempted Abduction o Attempted Child Stealing o Attempted Robbery o Attempted Assault Cause Bodily Injury

102 Items 3 and 4 Included Offenses o Any Attempt at a Violent Offense o Battery o Car Jacking o Child Abuse o Compelling the Commission of an Offense o Criminal harassment o Cruelty to Animals/Animal Neglect o Extortion o False Imprisonment o Felonious Assault

103 Items 3 and 4 Included Offenses

o Forcible Confinement o Give Noxious Substance (in order to impair a victim) o Grand Theft Person (is a variation on Robbery and may be counted as non-sexual violence) o Home Invasion o Juvenile Non-Sexual Violence Convictions o Kidnapping o Manslaughter o Murder

104 Items 3 and 4 Included Offenses o Robbery o Threatening/Menacing/Harassment o Using/Pointing a Weapon/Firearm in the Commission of an Offense o Violation of a Domestic Violence Order (Restraining Order)(a conviction for) o Wounding

105 Sexual versus non-sexual violence

Sexual offense Non-sexual violent offense (Index and Item 5) (Items 3 and 4)

Sexually motivated, sexual elements is Motivation does not matter all you need to count an offense as a sex .Sexual or non-sexual elements offense .Cannot be a conviction for a registerable sex offense Name of the offense does not matter Name of the offense must indicate violence. Cannot include registerable sex offenses.

Charges, convictions Convictions only

106 Convictions only Coded as “Sexual”

If “sex” is in the name code ONLY as sexual (index sex offense or for item 5), cannot count for items 3 and 4. . Sexual Assault . Sexual Assault with a Weapon . Assault w/ Sexual Motivation . Assault with Intent to Commit Rape . Sexual Battery . Sexual Motivation enhancements

107 Non-Sexual Violence Convictions “Double Dipping Rule”

o 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, examples: . Murder . Kidnapping . Battery . Assault . False Imprisonment

108 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions

Name: Mr. Citroen DOB: 8-17-63 Assessment Date: Today

Date Charge(s) Disposition Release Date

6-30-85 Rape, False Convicted of rape and false imprisonment 6-30-90 Imprisonment Sentenced to 10 years prison 7-1-10 Robbery Convicted of Robbery 7-1-13 7-1-15 Rape, False Arrested but all charges dropped as victim refused to cooperate 7-1-15 Imprisonment The 1985 offense involved the rape of a stranger victim. The 25 year old woman was at a bus stop where Mr. Citroen offered her a ride after telling the victim the bus had been in an accident and was not going to arrive. Mr. Citroen drove the victim to a secluded area under a freeway overpass where he bound her with yellow tape and raped her.

In 2015 a young female was waiting at a bus stop when a driver of a passerby vehicle told her the bus was broken down and offered her a ride. The victim entered the vehicle and the driver took her to the same location as the rape which occurred in 1985 where he raped her and bound her in yellow tape.

The officer was familiar with Mr. Citroen’s case and arrested him for the 2015 rape and false imprisonment. Risk Factor Codes Score 3. Index Non-sexual Violence No 0 Yes 1 4. Prior Non-sexual Violence No 0 Yes 1

109 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions

Name: Mr. Chevy DOB: 7-17-65 Assessment Date: Today Date Charge(s) Disposition Release Date

6-30-85 Rape Convicted of Rape and Sexual Battery, 10 years Prison 6-30-90 Sexual Battery 7-1-10 Robbery Convicted of Robbery, 2 years Prison 6-1-12 7-1-12 Lewd Act with a Child Convicted of Lewd Act with a Child, Possession of a Possession of a manufactured Manufactured Weapon, Evading Arrest, and Battery on a weapon Peace Officer Evading Arrest Battery on a Peace Officer The 1985 offense involved the rape of a stranger victim and the sexual battery of her friend. The two adult women were at a nightclub where Mr. Chevy met them. He fondled victim one's breasts before leaving with victim two. He and victim two drove in his car to a secluded location where he raped her. In 2012 the inmate was babysitting his neighbor's 12 year old daughter. He gave the child some alcohol and then began fondling her. She was able to escape through the bathroom window and call police. When Mr. Chevy realized the girl had left he fled the apartment in his car just as police officers were approaching. A chase ensued and Mr. Chevy crashed his vehicle into a tree. He began to flee the accident scene on foot and a struggle with one of the arresting officers occurred. Mr. Chevy punched the officer in the arm during the struggle.

Risk Factor Codes Score 3. Index Non-sexual Violence No 0 Yes 1 4. Prior Non-sexual Violence No 0 Yes 1 110 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions

Name: Mr. Chrysler DOB: 10-16-65 Assessment Date: Today

Offense Charge(s) Disposition Release Date Date 2005-2009 Child Molestation (3 counts) 6-30-2011 - Convicted of all 3 counts, 4 years Prison 6-30-15

7-30-10 Battery 8-10-10 - Convicted, 1 year Prison 3-16-11 Mr. Chrysler molested his step-daughter from 2005 until 2009. In 2011 the victim (who was 12 in 2009) disclosed the abuse to a school counselor. This led to Mr. Chrysler’s arrest and conviction in 2011.

In 2010 Mr. Chrysler was involved in a bar fight where he hit another patron with brass knuckles. This led to the arrest and conviction for Battery in 2010.

Risk Factor Codes Score 3. Index Non-sexual Violence No 0 Yes 1 4. Prior Non-sexual Violence No 0 Yes 1

111 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions Example: The sexual offending behavior occurred between 2010 and 2015, and the offender was charged and convicted in 2016. He physically assaulted a victim in 2011, was detected and convicted of the assault in 2012. In 2014, another assault occurred and he was charged and convicted of that assault in 2014.

. Index Non-Sexual Violence=??? . Prior Non-Sexual Violence=???

112 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions Example: The sexual offending behavior occurred between 2010 and 2014, and the offender was charged and convicted in 2016. He physically assaulted a victim in 2011, was detected and convicted of the assault in 2012. In 2013, another assault occurred and he was detected and convicted of that assault in 2015.

. Index Non-Sexual Violence=??? . Prior Non-Sexual Violence=???

113 Item 3 – Index-Non-Sexual Violence, Any Convictions Item 4 – Prior-Non-Sexual Violence, Any Convictions Example: The sexual offending behavior occurred between 2005 and 2009, and the offender was charged and convicted in 2010. He physically assaulted a victim in 2006, was detected and convicted of the assault in 2006. In 2012, another assault occurred and he was detected and convicted of that assault in 2012.

. Index Non-Sexual Violence=??? . Prior Non-Sexual Violence=???

114 Item 5 - Prior Sexual Offenses (Pages 63-67)

“The best predictor of future behavior is past behavior” (Thorndike, 1911)

115 Item 5 - Prior Sexual Offenses

The Basic Rules: o Not scored on a simple “0” or “1” dichotomy (score 0 to 3) o Charges and convictions are summed separately o Charges which do not result in a conviction are counted o Each conviction is also counted as a charge o This is one of the most difficult items to score o Critical to identify the index offense correctly o Develop strategy so as to not count index offense

116 Item 5 – Prior Sexual Offenses

Charges Convictions Score 0 0 0 points 1-2 1 1 points 3-5 2-3 2 points 6+ 4+ 3 points

117 Item 5 – Prior Sexual Offenses o Use most recent charging document, arrest report, Information or Felony Complaint that goes to Court o Sex offenses pled down to non-sex charge or conviction still count o Acquittals count o Number of victims irrelevant o Multiple charges or convictions may be on a single victim o Arrest with no formal charges=1 charge

118 Prior Sex Offense Can Be

o Sexual institutional rules violation (some circumstances only) . “One charge” per term o Probation, parole or conditional release violation(s) . “One charge” per violation report o Arrests/charges o Convictions o Based on sexual misbehavior occurring PRIOR to the index offense o Includes juvenile and adult offenses

119 Item 5 - Prior Sexual Offenses o Officially recorded sexual behavior or intent o Resulted in some form of criminal justice intervention or official sanction . Only being interviewed by law enforcement is not considered a formal intervention and would not count as an charge or date of detection o If on community supervision or in custody, a new sexual behavior (indecent exposure to prison staff) must be serious enough they could be charged with new sex offense if not under legal sanction

120 Item 5 - Prior Sexual Offenses

Some sex offenses do not have sex in the name of the crime o Rape and Unlawful Imprisonment o Rape and Kidnap o Rape and Assault o Murder (with sexual motivation/elements) o Kidnap (with sexual motivation/elements) o Assault (with sexual motivation/elements) o Theft (of underwear)

121 Example of Similar Fact Crimes (Page 27)

In 2017, you are completing a Static 99R on Mr. Jamison after he has been convicted for a Rape 3rd Degree for an offense he committed in 2016. As you review his criminal history you find in 2008 in a 20-day period broke into 5 homes, each of which is the home of an elderly female living alone One he rapes, one he attempts to rape but she gets away, and three more get away, one with a physical struggle (he grabs her wrists, tells her to shut up). The offender is subsequently charged and convicted of with Sexual Assault, Attempted Sexual Assault, Burglary (X2), and an Assault in 2009. He releases in 2014. What would Jamison score on question #5

122 Special Coding Cases, Sex Offenses (Pages 31-37)

Behavior must be equivalent to a criminal code offense If a board or regulatory body determines an offense occurred and imposes a sanction you can count this as a charge and not a conviction e.g. revocation

123 Special Coding Cases, Sex Offenses

o Conditional/Absolute Discharges . Offender charged with an offense and received a conditional or absolute discharge. Counts as a charge and conviction o Consent Decree o Court Supervision . Court provides a sentence of court supervision for a period. Similar to probation and counts as charge and conviction

124 Special Coding Cases, Sex Offenses o Diversion . Alternative sanction to be determined and for formal criminal justice processing to be deferred to a later date o Major mental illness . Informal hearings and sanctions –placement in a treatment facility, residential moves count as a charge and conviction . Not criminally responsible due to mental disorder (or equivalent) is conviction if sent to institution or mandated community sanction/care . Unfit to stand trial charge only

125 Special Coding Cases, Sex Offenses

o Pardoned/ “Expunged” offenses count as charge and conviction o Military (Page 32) . If an “undesirable discharge” were given to a member of the military as the direct result of a sexual offense . If an offender is given a sanction (Military Brig, lowered rank or it’s equivalent)

126 Special Coding Cases, Sex Offenses

Juveniles (Pages 33-34) . Never code sexual misbehavior of children 11 or under . Do not count if 12 or older at time of offense but still below the absolute threshold for criminal responsibility in that jurisdiction . Crimes committed by juveniles between 12 and 17 and they are processed through the criminal justice system (probation, confinement) convictions and sentencing occasions are counted the same way as an adult . Juvenile offenders may have alternative sanctions like “petition sustained and “adjudicated delinquent.” These are equivalent to an adult charge and conviction

127 Special Coding Cases, Sex Offenses

Juveniles continued o Crimes addressed through juvenile care/social services system can be one charge. Cannot be counted as a conviction. . Age 12 to 15, placement in a secure setting or transfer to more secure setting counts as a charge. Only one charge during this age period even if multiple placements or transfers. . For age 16 and older, each intervention is counted as a separate charge if it continues to be addressed through the juvenile care system.

128 Special Coding Cases, Sex Offenses

o Stayed charges/sentences count as charges and convictions, similar to other forms of alternative measures unless no finding or admission of guilt and no associated sanction o Acquittals, convictions overturned on appeal and dismissed charges count as charges o Finding of “not guilty” counts as a charge

129 Item 5 – Scoring Procedures Charges Count 1 Child Molestation Count 2 Child Molestation Count 3 Child Molestation Count 4 Incest Count 5 Rape of a Child Count 6 Burglary (no sex motivation)

130 Item 5 – Scoring Procedures

Convictions Count 1 Child Molestation

Count 4 Rape of a Child

Count 5 Incest

Count 6 Burglary (no sex motivation)

131 Item 5 – Prior Sex Offenses

Mr. Elva – DOB 7-1-50 – Assessment Date: Today

Date Charge(s) Disposition Release Date 6-30-90 Rape, Sexual Battery, False Imprisonment Convicted of all counts,10 years prison 1-1-02 1-25-91 Institutional Rule Violation for Indecent Exposure 90 days credit loss N/A 2-28-92 Institutional Rule Violation for Indecent Exposure 90 days credit loss N/A 7-25-92 Institutional Rule Violation for Indecent Exposure 90 days credit loss N/A 8-1-92 Institutional Rule Violation for Indecent Exposure 90 days credit loss N/A 6-30-15 Rape Acquitted and released N/A

The 1990 offense involved Mr. Elva meeting a stranger at a bar. They had a drink together and while playing pool, Mr. Elva groped the victim's breast. The victim slapped Mr. Elva and he responded by taking her into the bathroom, locking the door, blocking her release and raping her. 1991-1992 offenses - Mr. Elva would regularly expose himself to a female CO despite the resulting additional time added to his sentence. In 2015 Mr. Elva was charged with raping a woman at a local gym. The case went to trial and the jury acquitted him.

5 Prior Sex Offenses Charges Convictions Possible Scores Score

None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3 132 Item 5 – Prior Sex Offenses

Mr. Edsel – DOB 7-1-50 – Assessment Date: Today

Date Charge(s) Disposition Release Date 6-30-90 Rape Convicted of rape 10-11-99 Sexual Battery Sentenced to 10 years prison 6-30-00 Rape Convicted of Rape 1-1-16 Sentenced to 15 years prison

The 1990 offense involved the rape of a stranger victim. The offender raped the victim while on a date. They returned to the offender’s apartment after having dinner where he raped the victim.

In 2000 victim Jane came forward and stated that in 1989 she too had been raped while on a date with the offender.

5 Prior Sex Offenses Charges Convictions Possible Scores Score None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3

133 Item 5 – Prior Sex Offenses

Mr. Essex – DOB 7-1-50 – Assessment Date: Today

Date Charge(s) Disposition Release Date 7-30-62 Sexual Perversion (3 counts) Moved to a therapeutic group home for sexually aggressive youth 5-19-63 8-30-68 Cruelty to Animal (2 counts) Convicted of one count and sentenced to 1 year in jail 4-11-69 9-1-12 Burglary Convicted and sentenced to 2 year in prison 9-1-13 10-2-14 Parole Violation Returned to Custody 6-1-16

The 1962 offense involved the molestation of a younger neighbor girl. Mr. Essex spent time at the girl’s home before his mother would arrive home. Mr. Essex forced the three year old girl on three occasions to fondle his penis to the point of orgasm. Age of responsibility in the jurisdiction is 12. The 1968 offense involved Mr. Essex's dog. His neighbor heard strange sounds from the backyard and saw Mr. Essex penetrating the dog with his penis. In 2012 Mr. Essex broke into his neighbor's home where he stole her bras for masturbatory stimuli. In 2014 Mr. Essex was outside his neighbor's home again (the one who he stole a bra from). He was dressed in camouflage clothing and he had burglary tools on him. Another neighbor called the police. Mr. Essex was not arrested but his parole agent arrived at the scene and returned him to custody.

5 Prior Sex Offenses Charges Convictions Possible Scores Score None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3 134 Item 5 – Prior Sex Offenses

Mr. Excalibur – DOB 5-31-53 – Assessment Date: Today

Date Charge(s) Disposition Release Date 7-30-00 Lewd Act with a Child Convicted and sentenced to 5 years in prison 7-30-05 8-30-00 Lewd Act with a Child Convicted and sentenced to 5 years in prison 7-30-11 9-30-00 Lewd Act with a Child Convicted and sentenced to 5 years in prison 10-30-16

Mr. Excalibur worked as a package delivery driver. He would often make deliveries in the afternoons and would frequently give children candy when he would deliver packages to homes that had children. In the summer of 2000 one of his victims, a 12 year old girl, told her parents Mr. Excalibur had fondled her on several occasions. The local law enforcement agency did a press release and two other girls came forward from two neighboring counties and made the same allegation. Each county charged Mr. Excalibur separately and he pled guilty at each of the proceedings. Sentences were run consecutively.

5 Prior Sex Offenses Charges Convictions Possible Scores Score None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3

135 Item 6 – Prior Sentencing Dates o Number of distinct sentencing occasions for criminal offenses before index sex offense o Exclude index sex offense o Do not count charges, acquittals o Do not count court appearances overturned on appeal o Driving offenses not count unless possibility of probation (DUI, DWLS, reckless driving with injury count)

136 Item 6 – Prior Sentencing Dates o Parole or probation violations do not count (unless sentence extended) o Do not count prison misconducts, technical parole violations o Mental Health commitments count as a sentencing date (NGRI) o Juvenile offenses, informal probation, deferral (found on NCIC/DISCIS) and Diversion count

137 Item 6 – Prior Sentencing Dates

Minimum level of seriousness, do not include o sentencing dates where the individual can only be given a fine (example: speeding, littering) Multiple convictions that cluster together into a single o sentencing occasion are counted as one sentencing dated even if they span multiple dates. To count a conviction as a distinct, prior sentencing date, the offender has to commit a new offense after being detected for the previous offense. o Scoring 3 or less=0, 4 or more=1

138 Item 6 – Prior Sentencing Dates (Pages 68-69)

The Basic Rule: o If the offender’s criminal record indicates four or more separate sentencing dates prior to the Index Offense, the offender is scored a “1” on this item o If the offender’s criminal record indicates three or fewer separate sentencing dates prior to the Index Offense, the offender scores a “0” on this item.

139 Item 6 – 4 or more Prior Sentencing Dates Name: Mr. Fiat - DOB: 6-11-68 - Assessment Date: Today Date Charge(s) Disposition Release Date

5-28-88 Inflict Injury Upon a Child Conviction of Battery only, 1 year 5-28-89 Assault State Prison Battery 1-29-04 Sodomy with a Person Under 18 Convicted, 3 years State Prison 7-1-05 Oral Copulation With Person Under 18 8-17-05 Probation revoked due to use of alcohol and being in the presence of RTC, 3 months 10-17-05 minors 12-1-06 Sodomy With Person Under 16 years [2 counts] Convicted by plea to one count of 7-24-07 Lewd Acts With Child [2 counts] Sodomy Oral Copulation With Person Under 16 [2 counts] 2 years State Prison 8-1-07 Parole Violation for Assault - domestic Violence RTC, 6 months 2-17-08 1-1-13 Rape Convicted, 4 years State Prison 11-10-16 1988 - Mr. Fiat was charged with the physical abuse of his own son. 2004 - Mr. Fiat was charged with molesting his 15 year old neighbor's daughter. August 2005 - Mr. Fiat’s probation term was revoked as a result of a positive drug screen and having his nephews over to his house December 2006 - Mr. Fiat was charged with molesting his co-worker's daughter. August 2007 - Mr. Fiat's parole was revoked and he was returned to custody as a result of a domestic violence incident in which he struck his wife in the head with his fist. 2013 - Mr. Fiat was charged with raping his sister-in-law.

Risk Factor Codes Score 6. 4 or more Prior Sentencing Dates 3 or less 0 4 or more 1 140 Item 6 – 4 or more Prior Sentencing Dates

Name: Mr. Force - DOB: 6-11-62 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-90 Assault Convicted, 36 months probation and 365 days jail 2-1-90 Battery 1-29-04 DUI Convicted, probation 1 year 1-29-04 12-1-06 Rape Convicted of both charges, 3 years State Prison 11-17-09 False Imprisonment 1-1-13 DUI Convicted, probation 1 year 1-1-13 11-10-16 A “True Finding” from Child Protective Services Family Court provides mother with sole custody N/A 1991 - Mr. Force was charged and convicted of the beating a fellow bar patron at the local pub. 2004 - Mr. Force was arrested for driving under the influence. His Blood Alcohol Content was .12 2006 - Mr. Force was charged and convicted of raping a work colleague. 2013 - Mr. Force was arrested for driving under the influence. His Blood Alcohol Content was .13 2016 - Mr. Force and his wife divorced. His 7 year old daughter indicated he had molested her over a period of 3 years and this was reported to CPS. They returned a true finding and Mr. Force’s wife was granted sole custody of the child.

Risk Factor Codes Score 6. 4 or more Prior Sentencing Dates 3 or less 0 4 or more 1

141 Item 7 – Any Convictions for Non-contact Sex Offenses

The Basic Rule:

o If the offender’s criminal record indicates a conviction for a non-contact sexual offense, the offender is scored a “1” on this item

o If the offender’s criminal record does not show a conviction for a non-contact sexual offense , the offender is scored a “0” on this item

142 Item 7 – Any Convictions for Non-contact Sex Offenses (Pages 70-73) Any illegal sexual act where the offender did not touch the victim (or touching was incidental to the offense), AND either . victim is not coerced into anything beyond perceiving the offense, OR . No attempt made by the offender to make the victim aware that they were being victimized *Note: this definition applies to all sex offenses - in person or online

143 Item 7 – Any Convictions for Non-contact Sex Offenses

o Look at behavior-not the name of the offense o Can be the index sex offense o Convictions only . Exhibitionism . Possessing child porn . Obscene telephone calls (Sexual harassment) . Voyeurism . Communication with a Minor for Immoral Purposes with no physical attempt to meet the victim . Category B offenses count here

144 Considered Contact

o Compelling the commission of a sex offense o Positioning someone to watch an offense . Sending a recording of the offense is non-contact though o Blackmailing someone to undress or masturbate

145 Internet Offenses

Considered Contact Offenses o Trying to meet a minor for sex Coerce victim to engage in sexual acts (judge based on o offender intent, not victim’s cooperation) . Through threats, coercion, or for children under 16, manipulation Considered Non-Contact Offenses Sexual chat with minors, no attempt to meet (could o include vague discussions of meeting with no attempt at follow-through)

146 Child Pornography

Considered Contact Offenses o Paying to view a child sexually abused live (streaming over computer) o Paying for specific child pornography to be created o Directing child to engage in sexual behavior or adult to engage in sexual behavior with child Considered Non-Contact Offense o Viewing child pornography online o Written instruction to child directing sexual activity . Unless involves threats/manipulation/coercion o Written instructions to adult to sexually abuse child . Unless evidence to intent for it to result in sexual abuse

147 Item 7 – Do Not Count

Do not count o . Attempted contact offenses i.e. attempted rape . Soliciting/prostitution . “Pimping” related convictions . Charges and arrests (*convictions only*) . Self-reported offenses . Non-contact sexual offense convictions as the result of a plea bargain . Institutional rules violations, charges, arrests, and self report o Scoring No convictions =0, Any convictions=1

148 Item 7 – Scoring “Both”

If the offender is convicted in the same sentencing occasion of a contact sex offense AND a non-contact sex offense, then the item is scored 1 since the offender committed a non-contact offense.

149 Item 7 – Non-Contact Sex Offenses

Name: Mr. Gonow - DOB: 6-11-62 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-90 Burglary Convicted, 36 months probation and 365 days jail 2-1-90 Petty Theft 1-29-04 DUI Convicted, probation 1 year 1-29-04 12-1-06 Rape Convicted of both charges, 3 years State Prison 11-17-09 False Imprisonment 1-1-16 Attempted Rape Dismissed N/A

1991 - Mr. Gonow entered his neighbor's home and stole her underwear, used it as masturbatory stimuli, and then fled. 2004 - Mr. Gonow was arrested for driving under the influence. His Blood Alcohol Content was .15 2006 - Mr. Gonow was charged and convicted of raping a work colleague. 2016 - Mr. Gonow was charged with raping a stranger but the case was dismissed when the victim refused to cooperate with the investigation.

Risk Factor Codes Score 7. Any Convictions for Non-Contact Sex Offenses? No 0 Yes 1

150 Item 7 – Non-Contact Sex Offenses

Name: Mr. Geely - DOB: 2-29-68 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-91 Burglary Convicted, 36 months probation and 365 days jail 2-1-90 Petty Theft 1-29-04 DUI Convicted, probation 1 year 1-29-04 12-1-12 Possession of Child Pornography Convicted, 4 years State Prison 12-1-16

1991 - Mr. Geely entered his neighbor's home and stole her tools. 2004 – Mr. Geely was arrested for driving under the influence. His Blood Alcohol Content was .18 2012 - Mr. Geely was found to have 1,215 images of child pornography on his computer. The case came to light when undercover agents conducted a sting on an internet file sharing website.

Risk Factor Codes Score 7. Any Convictions for Non-Contact Sex Offenses? No 0 Yes 1

151 Items 8, 9, and 10 The Three Victim Questions (Pages 74-78)

o 8. Unrelated victim

o 9. Stranger victim

o 10. Male victim

152 Items 8, 9, and 10 The Three Victim Questions

o Official Records

o Collateral Sources (CPS Reports)

o Offender Self-Report

o Victims Reports . No polygraph information unless corroborated by additional sources

153 Items 8, 9, and 10 The Three Victim Questions o Based on all credible information . What if acquitted or found Not Guilty and you believe it is more likely than not that they committed the offense based on professional judgement . Review cases in which the offender was acquitted or found “Not Guilty” . Score in both directions could use range and/or raw score and justify

154 Items 8, 9, and 10 The Three Victim Questions o Applies if victims were children or non-consenting adults o Accidental victims do not count o Do not score victim information for Category B offenses . Except victims of non-disclosure of HIV+ status o Do not score victim information for sex with an animal o For internet offense, count intended victim, not actual victim (sting operations) o Use Balance of Probabilities as the standard of proof

155 Items 8, 9, and 10 The Three Victim Questions For a person restrained/confined to facilitate a sex offense, or forced to witness: o Count only if there is evidence that forcing them to witness is part of sexual motivation . E.g., self-admitted fantasies, clear part of the offense planning, statements to witness during offense suggesting sexual motivation o Do not count people who need to be restrained in order to access sex offense victim

156 Item - 8 Any Unrelated Victims

The Basic Rule: o If the offender has victims of sexual offenses outside their immediate family, score the offender a “1” on this item o If the offender’s victims of sexual offenses are all within the immediate family score the offender a “0” on this item

157 Item - 8 Any Unrelated Victims o Relationship too close for marriage o Step-relationships lasting less than two years are unrelated o Wives and common-law marriage - more than 2 years related o Category “B” victims do not count o Accidental victims do not count o Scoring - 1 point for unrelated victim o If offender is unaware victim is family member, victim counts as unrelated

158 Item - 8 Any Unrelated Victims (Pages 79-81)

See tables below, relationships in red and underlined are considered related for scoring purposes

159 Item - 8 Any Unrelated Victims

1st degree 2nd degree 3rd degree 4th degree great-great generation 4 grandparents great- generation 3 grandparents grandparents great generation 2 uncle/aunt parent/parent's uncle/aunt generation 1 spouse offender sibling first cousin offender's generation child/child's nephew/niece generation 1 spouse grandchild great generation 2 nephew/niece great- generation 3 grandchildren great-great generation 4 grandchildren 160 Item - 8 Any Unrelated Victims

1st degree 2nd degree 3rd degree great- generation 3 grandparent grandparents generation 2 parent/parent's uncle/aunt generation 1 spouse offender's sibling offender's spouse generation child/child's nephew/niece generation 1 spouse grandchild generation 2 great-grandchild generation 3

161 Item - 8 Any Unrelated Victims

1st degree 2nd degree grandparents generation 2 parents generation 1 offender's sibling's sibling offender's spouse generation child generation 1 grandchild generation 2

162 Item - 8 Any Unrelated Victims

Borderline cases (e.g., not listed in the tables above) are guided by the psychological relationship existing prior to the sexual assault. If an offender has been living with the victim in a family/paternal/fraternal role for two years prior to the onset of abuse, the victim and the offender would be considered related. E.g., great-grandchildren are not generally considered related, but if the offender and victim lived together for two or more years before the sexual offending started, then the victim is considered related.

163 Item 8 – Any Unrelated Victims

Name: Mr. Honda - DOB: 3-16-59 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-90 PC 261 Rape Convicted, prison for 4 years 3-1-94 1-29-14 PC 288(a) Lewd Act with a Child Convicted, prison for 5 years 11-16-16

1990 - Mr. Honda raped his girlfriend, Nancy. Mr. Honda met Nancy in June of 1988 and they immediately began living together at that time. They had often had fights but this was the first time it escalated to sexual violence. 2014 - Mr. Honda molested his wife's grandchild, Mary. Mr. Honda and Betty married in February of 2012 and in 2013, her daughter was sent to prison for Burglary. Betty's daughter was obviously unable to care for her own daughter so Mr. Honda and Betty took Mary in to raise her while Betty's daughter was in prison.

Risk Factor Codes Score 8. Any Unrelated Victims Yes 1 No 0

164 Item 8 – Any Unrelated Victims

Name: Mr. Hyundai - DOB: 3-16-59 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-90 PC 261 Rape Dismissed N/A 1-29-13 PC 288(a) Lewd Act with a Child Convicted, prison for 4 years 1-1-17

1990 - Mr. Hyundai exchanged drugs for sex with a prostitute. After they began using the drugs, an argument ensued regarding the agreement as to the specific sex act to engage in. Mr. Hyundai proceeded to rape the victim despite her protests. The case was ultimately dismissed though when the victim fled the State due to charges filed against her for prostitution.

2013 - Mr. Hyundai was at a family function where he groped his daughter’s grandson. His daughter responded by immediately calling the police despite the family function. Mr. Hyundai was arrested at the scene.

Risk Factor Codes Score 8. Any Unrelated Victims Yes 1 No 0

165 Item - 9 Stranger Victim (Pages 82-83)

The Basic Rule: o If the offender has victims of sexual offenses who were strangers at the time of the offense, score the offender a “1” on this item. o If the offender’s victims of sexual offenses were all known to the offender for at least 24 hours prior to the offense, score the offender a “0” on this item.

166 Item - 9 Stranger Victim

o The criteria for being a stranger are very high o Even a slight degree of knowing is enough for a victim not to be a stranger o If the victim knows the offender at all for more than 24 hours, the victim is not a stranger

167 Item - 9 Stranger Victim o The evaluator must determine whether the victim “knew” the offender twenty-four hours (24) before the assault took place o The criteria is for knowing is quite low but does involve some level of interaction . They do not need to know each other’s names or addresses . Simply knowing of someone but never having interacted with them would not be enough

168 Item - 9 Stranger Victim

o Victims contacted over the Internet are not normally considered strangers unless criminal sexual behavior occurs within 24 hours o Victim knew the offender less than 24 hours o Accidental victims do not count o Becoming a stranger again – If the offender thinks the victim is a stranger o Perpetrator does not know victim or vice versa

169 Item - 9 Stranger Victim o If the victim was a convenience store clerk and recognized the perpetrator as someone who had been in on several occasions to buy cigarettes, the victim would no longer be a stranger victim o If a child victim can say they recognize the offender from around the neighborhood and the perpetrator has said “Hi” to them on occasion, the child is no longer a stranger victim

170 Item 9 – Any Stranger Victims

Name: Mr. Imperia - DOB: 3-16-74 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-29-13 PC 243.4 Sexual Battery Convicted, Sentenced to 4 years State Prison 1-1-17

2013 - Mr. Imperia and Dorothy dated from 1990 to 1991 while in high school and then separated when the each went to different colleges. They each married, had children and eventually divorced. In 2013 they both went to the Three Dog Night concert where Dorothy thought she recognized Mr. Imperia but was unsure if it was him. While dancing at the concert, Mr. Imperia thought Dorothy was attracted to him, although he did not recognize her, and he began to rub against her in a sexual manner. Dorothy told Mr. Imperia to stop but he continued to grope her which led to his arrest.

Risk Factor Codes Score 9. Any Stranger Victims Yes 1 No 0

171 Item 9 – Any Stranger Victims

Name: Mr. Isatis - DOB: 3-16-59 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-1-12 Rape Convicted and sentenced to 5 years State Prison 2-28-17

2012 - Mr. Isatis met Emily on a dating website on 12-31-11 and they exchanged phone numbers and began talking. They considered having lunch together that day but Mr. Isatis had to return to his office to complete some work assignments so they decided to meet on New Year's day for a casual dinner. Mr. Isatis went to Emily's home and they had drinks and a light dinner. Mr. Isatis got the wrong idea and when Emily said she was going to turn in for the evening Mr. Isatis wanted to stay. An argument ensued and Mr. Isatis raped Emily.

Risk Factor Codes Score 9. Any Stranger Victims Yes 1 No 0

172 Item 10 - Male Victim (Page 84)

The Basic Rule: o If the offender has male victims of sexual offenses, non- consenting adults or child victims, score the offender a “1” o If the offender’s victims of sexual offenses are all female, score the offender a “0” on this item

173 Item 10 - Male Victim

o Do not count . Possession of male child pornography . Accidental victims . Exhibitionism to a mixed gender group of people. Only count male victim if there is clear evidence that he was targeting a males in the group. o Count attempt to contact male victims over Internet o If the offender knew or thought he was offending against a male (or if he continued to sexually assault him after discovering he was a male), score a male victim

174 Item 10 – Any Male Victims

Name: Ms. Joss - DOB: 11-16-71 - Assessment Date: Today

Date Charge(s) Disposition Release Date

1-21-03 Forced Oral Copulation Convicted of forced oral copulation – 6 months jail, 3 years 5-20-03 Battery probation 6-17-16 Possession of Child Pornography Convicted, 3 years probation 6-17-16

1-21-03 – Ms. Joss, who identified as a man in 2003, sought out a prostitute in Los Angeles. After agreeing to paying $20.00 for oral sex, Ms. Joss wanted a discount and said she would only pay $10.00. The prostitute, a man, who was dressed as a woman, protested, and Ms. Joss then forced the victim to orally copulate her. She then found out the prostitute was really a man and beat him severely. In 2010 Ms. Joss entered therapy and began to identify as a woman. She changed her name from Don to Dawn, began living as a woman, and began hormonal therapy. In 2012 she underwent breast enhancement surgery although she does still have a penis. In 2016 Ms. Joss was found to be in possession of 10 images of prepubescent boys.

Risk Factor Codes Score 10. Any Male Victims Yes 1 No 0

175 Reporting Risk on Static-99R o Nominal Risk Categories o Percentiles o Relative Risk Ratio o Absolute Risk Estimates o Normative Groups

176 Nominal Risk Categories

Interpretive ranges and sample distribution for routine Canadian sexual offenders o -3 to -2: Level I (Very low risk) (5%) o -1 to 0: Level II (Below average risk) (16%) o 1 to 3: Level III (Average risk) (49%) o 4 to 5: Level IVa (Above average risk) (21%) o 6+: Level IVb (Well above average risk) (8%)

177 Notification Categories

For notification purposes, no change from current corresponding levels to the Static 99R score o -3 to 3 = Level I o 4 to 5 = Level II o 6+ = Level III

178 Percentile Ranks

179 Percentile Ranks - Writing Example

Percentile ranks describe the offender’s risk in comparison to other sexual offenders. Because some offenders have the same scores, there are different ways of reporting percentile ranks (% higher, % lower, mid-point average). Absolute recidivism rates cannot be inferred from percentile rankings. For Static-99R, percentile ranks are based on routine/complete correctional samples from Canada, which have shown to be reasonably stable in international comparisons with Sweden and California.

Mr. XX’s Static-99R score was 0. In routine correctional samples, this score represents the 19th percentile, defined as a mid-point average (14% have a lower score, 76% have a higher score, and 10% have the same score). In other words, out of 100 sexual offenders, 14 would have a lower score, 10 would have the same score, and 76 would have a higher score. With the 95% confidence interval, the score could span the 13th to 24th percentile.

180 Relative Risk Ratios

181 Relative Risk Ratio - Writing Example

In routine correctional samples of sexual offenders, the average 5 year sexual recidivism rate is between 5% and 15%,. This means that out of 100 sexual offenders of mixed risk levels, between 5 and 15 would be charged or convicted of a new sexual offence after 5 years in the community. Conversely, between 85 and 95 would not be charged or convicted of a new sexual offence during that time period. Risk ratios describe differences between recidivism rates. For Static-99R, risk ratios compare the expected recidivism rate for offenders with a particular score, to the expected recidivism rate of offenders in the middle of the risk distribution. The middle of the risk distribution is defined as the rate for offenders having the median score (2). Risk ratios for Static-99R are reasonably stable across follow-up times and jurisdictions. Mr. XX had a Static-99R score of 1. On average, offenders with this score have a sexual recidivism rate that is 3/4 the rate of offenders in the middle of the risk distribution. or Mr. XX had a Static-99R score of 2. On average, offenders with this score have a sexual recidivism rate that is the same as the rate of offenders in the middle of the risk distribution. or Mr. XX had a Static-99R score of 6. On average, offenders with this score have a sexual recidivism rate that is the 3.77 times the rate of offenders in the middle of the risk distribution.

182 Selecting the Correct Norms

o Routine Norms-not subject to any special selection/no evidence of unusually high levels of external factors o High Risk/Need These offenders have the greatest density of dynamic risk factors

183 Selecting the Correct Norms

Consider o Observable levels of dynamic needs o The most credible external risk factors are relatively enduring psychological risk factors (long-term vulnerabilities, dynamic risk factors)

184 Absolute Risk Estimates

185 Absolute Risk - Writing Example

In routine samples of sexual offenders, the average 5 year sexual recidivism rate is between 5% and 15%. This means that out of 100 sexual offenders of mixed risk levels, between 5 and 15 would be charged or convicted of a new sexual offence after 5 years in the community. Conversely, between 85 and 95 would not be charged or convicted of a new sexual offence during that time period. Mr. XX’s Static-99R score was 6. In routine samples with the same score, the 5 year sexual recidivism rate is between 18% and 23%. This means that out of 100 sexual offenders with the same risk score between 18 and 23 would be charged or convicted of a new sexual offence after 5 years in the community. Conversely, between 77 and 82 would not be charged or convicted of a new sexual offence during that time period. Static-99R does not measure all relevant risk factors and Mr. XXXX’s recidivism risk may be higher or lower than that indicated by Static-99R based on factors not included in this risk tool.

186 Recommendations (Hanson, Thornton, Helmus, & Babchishin, 2016)

If Static-99R/2002R used as stand-alone measure, we generally recommend just reporting routine/complete norms o Acknowledge that rates may be higher or lower based on external risk factors o Remember that routine/complete includes offenders preselected and with exceptionally high external risk factors

187 The How and Why of Assessment QA o Need to stay calibrated to ensure we are treating the right people, targeting the right things and in the right way to ensure we continue to positively impact community safety. . Interrater Rater Reliability Exercises with assessments . Frequency of assessments . Training, collaboration, consultation on what criminogenic needs look like and how to treat them on an individual basis. o Develop and maintain standards of assessment and treatment based on best practices

188 Recommendations for Keeping Quality High

Peer reviews to increase scoring calibration. Colleagues meet regularly to discuss scorings. Clinical supervision by very experienced assessor. Mentorships for novice scorers. Participation in inter-rater reliability trials. Webinars about scoring and other risk assessment issues.

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