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

1. THE STATIC-99RSARATSO(State Authorized Risk Assessment Tool for Sex Offenders)

2. SARATSO • Individual risk assessment on sexual offenders is mandated by statute • PC 290.03-09 • PC 1203.067 • W&IC 706

3. 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

4. Static Assessments Will Be Posted Online in 2013 Beginning in 2013, the S-99R score must be posted by DOJ on the public Megan’s Law web site: 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

5. 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

6. 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.

7. SARATSO Attendance Form All SARATSO trainers must use the SARATSO registration form in order for their classes to be certified as scorers. The form should be filled out by attendees and submitted to SARATSO by the trainer within 3 working days after the training. Form is at: www.saratso.org/training.

8. 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

9. 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)

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

11. When do I have to do Static-99R? • At presentencing on index sex offense • 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].)

12. Where do I record the Static-99R Score? • Sex offenders probation or parole (use narrative paragraph in template on SARATSO web site) • Probation should record Static-99R or JSORRAT score on Facts of Offense Sheet (FOS), which is sent to DOJ and CDCR and the court. • Probation shd send FOS to CDCR when the sex offender gets a prison sentence with prison packet • CDCR and DSH will be required to record score in a central database, and send scores to DOJ’s HR Sex Offender Program. Any new S-99R score must be sent to DOJ: cahrso@doj.ca.gov.

13. 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

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

15. Submitting Risk Scores to DOJ • Static-99R, JSORRAT scores: • Probation: e-mail FOS via secure server to cahrso@doj.ca.gov Parole has own system to transfer scores to DOJ • SRA-FV (dynamic risk) and LSCMI (violence risk) scores: • Provider enters LSCMI score online, automatically sent to DOJ –probation doesn’t need to forward this score to DOJ • Tr’mt provider/program hs 30 days to send dynamic SRA-FV score to supervising officer, who sends w/n 5 work days to DOJ at cahrso@doj.ca.gov PC 290.09

16. Probation Must Get Confidential Docs. Needed for Scoring to Providers Treatment providers working with sex offenders on supervision are authorized to have access to criminal history, registration records, police reports, probation reports, psych evaluations and rpts., juvenile records, SVP treatment program rpts., etc.- PC 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

17. 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.

18. 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.

19. When do I have to do another Static-99R? • Even if no pre-sentencing report, if person will be required to register per 290 for the new offense, or for a juvenile, if Probation is recommending DJJ placement • New Index Offense (felony or misdemeanor) (PC 1203(b),(d); W&IC 706 [juves].)

20. Where do I record the Static-99R Score? • In the P&S report, under a separate section, “STATIC-99R RISK ASSESSMENT”. (use narrative paragraph – see attachments) • On the STATIC-99R SCORING WORKSHEET, which will be included with the P&S report as an attachment. • Probation should record Static-99R on Facts of Offense Sheet, which is sent to DOJ • If it is a CDCR recommendation, Probation will send a copy of the FOS to Court with the prison copy of the P&S report. DO NOT attach to court report • CDCR and DMH will be required to record score in a central database, and send scores to DOJ’s HR Sex Offender Program.

21. Submitting the FOS 3 ways to submit the Facts of Offense Sheet or monthly spreadsheet: • Email to CAHRSO@doj.ca.gov • Fax to 916-227-5092 • Mail to: HRSOP 4949 Broadway, Rm H-216 Sacramento, CA 95820

22. 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

23. Static-99R Items 1. Young Aged 18 to 34.9 1 Aged 35 to 39.9 0 Aged 40 to 59.9 -1 Aged 60 or older -3 2 Ever lived with a lover for two years 0-1 3. Index non-sexual violence-any convictions 0-1 4. Prior non-sexual violence-any convictions 0-1

24. Static-99R ITEMS SCORE 5. Prior sex offenses ChargesConv. None None 0 1-2 1 1 3-5 2-3 2 6+ 4+ 3

25. Static-99R Items (cont.) 6. Prior Sentencing Dates 0-1 7. Any convictions for non-contact 0-1 sex offences 8. Any unrelated victims 0-1 9. Any stranger victims 0-1 10. Any male victims 0-1

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

27. Predictive Accuracy of Static-99R

28. How Accurate is Static-99R? Defined as the likelihood that a randomly selected recidivist would have a higher score on Static-99R than a randomly selected non-recidivist Generally, 72% of the time low and high-risk offenders will be correctly identified

29. 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

30. 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

31. 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

32. 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

33. CODING THESTATIC-99R

34. Coding the STATIC-99R-What You Need • Demographic • age at release index sex offense; relationship history • Official criminal history • prior sex offences; index non-sexual violence; prior non-sexual violence; prior sentencing occasions; convictions for non-contact sex offences • Victim Information • Use all credible information (except polygraph interview or polygraph) • any unrelated victims; any stranger victims; any male victims

35. 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

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

37. 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)

38. 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

39. 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)

40. 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

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

42. Age and Sexual Reoffense

43. 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

44. 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

45. 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

46. 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)

47. 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

48. 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)

49. 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.

50. 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