Sex offender risk assessment is a critical component of the criminal justice system aimed at determining the likelihood of an offender reoffending after their release. Among the most widely recognized tools and methods used for this purpose are the Static-99 and Static-2002 risk assessment tools. In this blog post, we’ll delve into what the Static-99 and Static-2002 tools are, their differences, how they work to predict a sex offender’s likelihood of reoffending, and their implications for rehabilitation and community safety.

What is the Static-99?

The Static-99 is a structured actuarial risk assessment tool developed by R. Karl Hanson and David Thornton in 1999.

What is the Static-2002?

The Static-2002 is the Static-99 successor, released in 2002.

What is the Static-99 Used For?

This tool, and its successor, the Static-2002, are specifically designed to assess the risk of sexual recidivism among adult male sex offenders. These tools are based on the premise that certain static factors and historical variables can provide insights into an individual’s risk of committing further sexual offenses. Specifically, the evaluated factors of the Static-99 include:

1. Age at first sexual offense.
2. Number of prior sexual offenses.
3. Any victims under the age of 12.
4. Any victims who were strangers.
5. Any victims who were forced.
6. Any male victims.
7. Prior use of a weapon or violence.
8. Prior non-sexual convictions.
9. Living alone.
10. Ever being married.
11. Age at Release.

What is the Score Range for Static-99?

The scoring range for the Static-99 is as follows:

Age at first sexual offense

Number of Prior Sexual Offenses

0 points: 0 prior sexual offenses

1 point: 1-2 prior sexual offenses

2 points: 3 or more prior sexual offenses

Any Victims Under the Age of 12

0 points: No victims under the age of 12

2 points: Any victims under the age of 12

Any Victims Who Were Strangers

0 points: No victims who were strangers

2 points: Any victims who were strangers

Any Victims Who Were Forced

0 points: No victims who were forced

2 points: Any victims who were forced

Any Male Victims

0 points: No male victims

2 points: Any male victims

Prior Use of a Weapon or Violence

0 points: No prior use of a weapon or violence

2 points: Any prior use of a weapon or violence

Prior Non-Sexual Convictions

0 points: 0 prior non-sexual convictions

1 point: 1-2 prior non-sexual convictions

2 points: 3 or more prior non-sexual convictions

Living Alone

0 points: Not living alone

1 point: Living alone

Ever Being Married

0 points: Ever being married

1 point: Never being married

Age at Release

0 points: 40 years or older

1 point: 25-39 years

2 points: Under 25 years

How does the Static-99 Work?

The Static-99, like the Static-2002, operates on a straightforward scoring system, where each factor is given a certain number of points. The cumulative score is then used to classify sex offenders into risk categories. The assessment typically results in one of the following risk levels:

Low Risk: Scores from 0 to 5 points.

Moderate Risk: Scores from 6 to 10 points.

High Risk: Scores from 11 to 15 points.

Very high risk: 16-20 points.

The rationale behind the scoring system is that certain risk factors, such as a history of prior sexual offenses and victim characteristics, have been statistically correlated with a higher likelihood of reoffending. Consequently, offenders with higher scores are considered to be at greater risk of committing additional sexual offenses in the future.

What is the Accuracy of Static-99?

The Static-99 is based on the idea that sex offenders who have more static risk factors are more likely to reoffend. This is because static risk factors are associated with personality characteristics and other factors that are difficult or impossible to change.

The Static-99 has been shown to be very accurate in predicting sexual recidivism. In the meta-analysis of 45 studies, the Static-99 had an overall accuracy rate of 75%. This means that the Static-99 was correct in predicting whether or not a sex offender would reoffend 75% of the time.

The Static-2002 Risk Assessment Tool

Static-2002, as the name suggests, is the updated version of Static-99. It was developed to address some of the limitations of the Static-99 to improve the accuracy in predicting sexual recidivism. While Static-2002 shares many similarities with Static-99, there are differences.

What are the Differences Between Static-99 and Static-2002?

Key differences between Static-99 and Static-2002 include:

1. Age Scoring: In Static-2002, the age scoring has been revised to be more finely tuned. Age at release is categorized into six age groups, with scores assigned accordingly. This provides a more accurate assessment of the offender’s age-related risk.
2. Victim Gender: Static-2002 includes a separate item for victim gender, assessing whether the offender has victimized both males and females. This acknowledges that offenders who victimize both genders may pose a higher risk to reoffend.
3. Prior Sentences: The scoring for prior sentences in Static-2002 has been redefined to reflect the seriousness of those prior sentences. This change aims to provide a more nuanced assessment of an offender’s criminal history.
4. Child Pornography: Static-2002 includes a revised item related to child pornography offenses, taking into account the age of the victims involved. This refinement enhances the tool’s ability to assess the risk associated with this type of offense.

The choice between using Static-99 and Static-2002 often depends on the specific jurisdiction and the availability of the data. Static-2002 is considered an improvement over its predecessor due to its refinements and adjustments, but both tools are valuable in assessing risk.

Courtroom Admissibility of Static-99 and Static-2002 Results

Numerous state courts have held sex-offender risk assessment results based in part on actuarial testing, like the Static-99 and Static-2002, is generally accepted within the scientific community and sufficiently reliable to be admissible when considering the future risk of a sex offender to reoffend. Such states include: Arizona, California, Florida, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Montana, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, South Carolina, Texas, Washington and Wisconsin. See People v. Simons (In re Simons), 821 N.E.2d 1184 (Ill. 2004) for full state citation references.

What are Static-99 and Static-2002 Risk Assessment Results For?

The Static-99 and Static-2002 results are used by judges, parole boards, probation officers, and forensic psychologists to aid in the decision-making process regarding sex offender supervision, treatment, and release. Their goals are to provide a standardized and evidence-based means of assessing the risk of sexual recidivism, helping professionals make decisions about:

1. Sentencing: The assessment results may be used by judges to help determine the sentence for a sex offender. For example, a judge may be more likely to impose a longer sentence on a sex offender who is classified as a high risk for recidivism.
2. Release: The assessment results may be used to determine whether an offender should be released from incarceration or civilly detained.
3. Parole and Supervision: The assessment results may be used by parole boards to help determine whether or not to release a sex offender on parole. For example, a parole board may be less likely to release a sex offender who is classified as a high risk for recidivism. Additionally, the Static-99 or Static 2002 results may help define the level of supervision required for an offender in the community.
4. Treatment: The assessment results may be used by therapists to help develop treatment plans for sex offenders. For example, a therapist may focus on different treatment goals for a sex offender who is classified as a low risk verses a sex offender who is classified as a high risk for recidivism. Additionally, the Static-99 or Static-2002 can help identifying offenders who would benefit from specialized treatment programs.
5. Reintegration: The assessment results may be used in determining the appropriate steps for an offender’s societal reintegration. This may include assisting in the determination to release a sex offender from probation early.

The Static-99 or Static-2002 assist in these decisions by providing a quantifiable assessment of risk, which can be used alongside other clinical evaluations and expert judgments.

Criticisms and Limitations

While the Static-99 and Static-2002 have been widely used, they are not without criticisms and limitations:

1. Focus on Historical Factors: The Static-99 and Static-2002 rely heavily on historical factors, particularly overlooking an offender’s potential for rehabilitation and change.
2. Limited Cultural and Gender Considerations: These tools may not adequately account for cultural and gender differences, potentially leading to biased risk assessments.
3. Lack of Dynamic Factors: These tools do not consider dynamic risk factors, such as an offender’s progress in rehabilitation programs or changes in their life circumstances.
4. Overemphasis on Prior Offenses: Some argue that these tools places to much emphasis on an offender’s prior offenses, potentially stigmatizing them and hindering their reintegration.
5. Inaccuracy for Low-Risk Offenders: The scoring system of the Static-99 and Static-2002 may not accurately predict recidivism for offenders in the low-risk category.
6. Potential for Misuse: There is a risk of these tools being misused or misunderstood, leading to inappropriate decisions about an offender’s treatment and release.

The Evolving Landscape of Risk Assessment

In recent years, there has been a growing recognition of the limitations of purely actuarial risk assessment tools like the Static-99 and Static-2002. Many experts in the field are advocating for a more holistic approach that combines both actuarial and clinical assessments. This approach takes into account not only the static factors but also dynamic factors that can change over time, such as an offender’s participation in treatment programs and their progress towards rehabilitation.

Furthermore, there is an increased emphasis on the importance of evidence-based treatment programs and interventions that can address the specific needs of sex offenders and reduce their risk of reoffending.

My Final Thoughts

The Static-99 and Static-2002 sex offender risk assessment tools are an essential component of the criminal justice system’s efforts to balance public safety with the rehabilitation of offenders. While these tools provide a standardized method for assessing the risk of sexual recidivism, neither are without their limitations. To improve effectiveness and fairness, it is essential to consider a broader range of factors, including dynamic elements and cultural diversity, when making decisions about sex offender management and reintegration.

In the end, the goal is not only to predict the risk of reoffending but also to provide sex offenders with the support and resources they need to reintegrate into society successfully while safeguarding the community’s safety.

The Static-99 and Static-2002 serve as a reminder that the criminal justice system’s approach to sex offender risk assessment is continually evolving, with the ultimate aim of promoting both rehabilitation and community well-being.

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