PC 288.1 Information

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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.).

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In short, a criminal court judge will not, and cannot, grant a suspended prison sentence in any lewd act against a child under the age of fourteen (14) case (i.e., PC 288(a), PC 288.5(a), PC 287(C)(1)), etc.), unless the defendant is subjected to a mental condition report from a qualified psychiatrist, which indicates that the defendant is suitable for a suspended prison sentence (as opposed to an actual prison sentence).

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Note: Some sex crimes do not qualify for a suspended prison sentence (or probation sentence) regardless of whether the defendant undergoes a PC 288.1 psychological report (i.e., PC 288.7, PC 269, PC 209(b), etc.). For these sex crimes, a PC 288.1 report is not required as it would make no difference in the defendant's sentencing options.  

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Also, for many sex crimes that do not require a PC 288.1 report before a suspended prison sentence (or probation sentence) is allowed, the district attorney will nevertheless not make an offer during plea bargaining for that suspended prison sentence (or probation sentence) unless the defendant receives a PC 288.1 report that indicates the examining psychologist believes the defendant is amenable to the suspended prison sentence (or probation sentence).

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For example: In a PC 288(a) case [Lewd Act on Child Under 14], the defendant may be granted a probation sentence (as opposed to a suspended prison sentence), even if the defendant does not undergo a PC 288.1 psychological evaluation. Nevertheless, the district attorney will not usually make a probation sentence offer in a PC 288(a) case unless the defendant is willing to undergo the PC 288.1 evaluation and he or she receives a "positive" report that indicates the defendant is amenable to the probation sentence.

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PC 288.1 & Penalty Enhancements: Sometimes, a penalty enhancement will be added to an underlying sex crime that makes the purpose of a PC 288.1 evaluation moot because the penalty enhancement itself results in an automatic denial of a suspended prison sentence (or probation sentence) regardless of the results of the PC 288.1 report.

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For example: John is convicted of violating California PC 288(a), [lewd and lascivious act upon a child under fourteen] and a penalty enhancement of PC 1203.066(C) [Substantial Sexual Conduct]. While the underlying PC 288(a) crime is generally eligible for a suspended prison sentence upon a positive PC 288.1 report, the issue whether John will receive a suspended prison sentence is moot because John's conviction of the penalty enhancement of PC 1203.066 makes the underlying PC 288(a) crime ineligible for either a suspended prison sentence or a probation sentence.

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Suspended Sentence Not Guaranteed

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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.

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Static-99 Information

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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.

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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.

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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.

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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).

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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!

 

909-913-3138

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