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PC 288.1 & Static-99 Explained
PC 288.1 / Static-99
PC 288.1 Information
PC 288.1: Any person convicted of committing any lewd or lascivious act…against a child under the age of 14 years, shall not have his or her jail or prison sentence suspended until the court obtains a report from a reputable psychiatrist…or reputable psychologist…, as to the mental condition of that person (PC 288.1 Abbrev.).
In short, the criminal court judge will not grant a suspended prison sentence in any lewd act against a child under the age of fourteen (14) case, unless and until the defendant is subjected to the mental condition report from a psychiatrist.
Note: Some sex crimes do not qualify for a suspended (or probation sentence). For these sex crimes, a PC 288.1 report is not required.
Suspended Sentence Not Guaranteed
The point of the PC 288.1 report is to give the criminal court judge some indication as to whether the defendant is amenable for a suspended prison sentence. However, the judge is not obligated to grant a suspended prison sentence simply because the defendant subjected himself or herself to a PC 288.1 evaluation.
A Static-99 report (aka Static-99 assessment), is a psychological evaluation that is intended to assess the risk level for repeat offense in sex crimes cases. A “low Static-99” score reflects a low risk of repeat offense. A “high Static-99” score reflects a high risk of repeat offense.
A Static-99 assessment is not required in all sex cases. However, when the defendant is sentenced to prison after the conviction of a qualifying sex offense, or when the defendant is seeking some post-conviction relief where the judge must decide as to the defendant’s risk of recidivism, then the Static-99 is required.
The psychiatrist who renders the Static-99 assessment must be specially licensed to make such assessments. The assessment itself takes into consideration factors that are “static” (factors that do not change), such as the defendant’s crime, the age of the defendant, the age of the victim, the relationship between the defendant and the victim (i.e., domestic relationship or stranger), the presence of any prior convictions for sex offenses the defendant has suffered, and more.
Other Uses: The Static-99 assessment also helps prison authorities decide the level of security under which the defendant should be imprisoned. Also, the Static-99 assessment helps judges decides whether a defendant should be excluded from the sex offender website (PC 290.46), granted a certificate of rehabilitation (PC 4852), or terminated from the duty to register as a sex offender registration pursuant to PC 290 (PC 290.5).
For more information on penal code 288.1 & Static-99 assessment (PC 290.04), contact our sex crimes criminal defense attorney today for a free consultation. Our highly experienced sex crimes defense team have helped hundreds of clients charged with felony and misdemeanor sex crimes in the Inland Empire and we can help you too. Call today!