109) Given too that over 90% of sex offenses against children are committed either by family members or family acquaintances, the recidivist stranger seems like a doubly wrong concern for public or legislative attention,u[degrees] The Justice Center, an organization critical of Alaska's statues and the Court's approval of them, notes that the "legislature did not attempt to distinguish among types of offenders or to evaluate which offender were most likely to recidivate.
Sex offenders, according to these studies, do not recidivate at a higher rate than other criminals.
104) By formulating the study in this manner, the results suggested only the probability that an incarcerated felon recidivates but gave no data on the rate of recidivism for offenders diverted to alternative sanctions.
The goal has been to divide nonviolent criminal offenders into groups--those deemed most likely to recidivate are imprisoned while those assessed to pose less of a threat to society are given alternative sanctions.
Risk assessment determines sentencing based only on the probability that a criminal will recidivate.
The recidivism rate was cumulative, so once an offender was determined a recidivate, his data would not be used to determine future yearly rates.
It is quite possible that an offender selected for the study was arrested out-side the state and would not have been counted as a recidivate.